scholarly journals Application of V. Pareto’s economic efficiency criterion in Russian judicial practice

2021 ◽  
Vol 118 ◽  
pp. 01013
Author(s):  
Alina Dmitrievna Khokhlova
Keyword(s):  
Economic Analysis ◽  
Economic Efficiency ◽  
Comparative Method ◽  
Well Being ◽  
The United States ◽  
Economic Analysis Of Law ◽  
Judicial Practice ◽  
Legal Method ◽  
Normative Economic ◽  
Pareto Criterion

The purpose of the research is to justify the productivity of the application of one of the two most common criteria of economic efficiency (V. Pareto principle) in Russian judicial practice. Justification is carried out by identifying the content of the Pareto criterion, assessing examples of its application by Russian courts and determining the conditions and limitations of such application. The methodological basis of work was the formal-legal method, which allowed to analyze the texts of judicial decisions on the use by the court of normative economic analysis of law; the comparative method, which was used to compare the theoretical foundations and practical features of the criterion of economic efficiency by the Russian judiciary. The results of the research were the author’s conclusions about the applicability of the Pareto criterion in the Russian reality and the formulation of the most likely areas of its use by the courts. Law as an object of scientific knowledge cannot be studied in isolation from its social, cultural, political and economic assumptions, as it is a central tool by which the state affects the economic well-being of society. To improve the practice of using this tool, it seems necessary to evaluate it from the standpoint of economic efficiency. In this regard, the further vector of evolution of Russian law will be more and more active use of methodological developments of economic theory, the application of the economic analysis of law developed in the United States in law enforcement practice. This leads to the need for interdisciplinary research on the conceptual and practical problems of using this direction in Russia. The novelty of the research lies in a comprehensive approach, to the problem of applicability of normative economic analysis of law in the judicial practice of the Russian Federation.

Distribution of Risk of Harm in Delictual Responsibility From the Standpoint of Economic Analysis of Law

2020 ◽  
Vol 27 (2) ◽  
pp. 119-130
Author(s):  
Maryna Velykanova
Keyword(s):  
Property Rights ◽  
Economic Analysis ◽  
Risk Sharing ◽  
Basis Property ◽  
Cost Effective ◽  
Well Being ◽  
Tort Law ◽  
Tort Liability ◽  
Economic Analysis Of Law ◽  
Systematic Analysis

Damage to property and (or) non-property rights of persons occurs quite often. The right to compensation for such damage is indisputable. However, civil doctrine ambiguously addresses the issue of risk sharing in tort obligations. Therefore, the purpose of this paper is to discuss approaches to the distribution of risk of harm in delictual responsibility and to determine their effectiveness from an economic and legal standpoint. The paper, based on economic and systematic analysis using dialectical, comparative, logical-dogmatic and other methods, including economics, describes the approaches to determining the purpose of tort law and its ability to ensure effective distribution of risk of harm. It has been proven that tort law can have direct regulatory consequences by restraining behaviour and sharing risks. It is concluded that the task of tort law is the optimal distribution of risk of harm between the perpetrator and the victim and to ensure the implementation of risky activities only if its social value justifies the risk. Based on the economic analysis of tort law, it has been substantiated that the distribution of the risk of damage in tort liability is carried out through the institutions of insurance and liability. Insurance is cost-effective when it comes to compensation for damage. However, only liability, in addition to the function of compensation, can also perform the function of preliminary prevention of harm. Therefore, the risk of causing harm in tort liability is mainly borne by the person who caused the damage. In obligations to compensate for damage caused by a source of increased danger, a person who on the appropriate legal basis (property rights, other property rights, contracts, leases, etc.) owns a vehicle, mechanism, other object, the use, storage or maintenance of which creates an increased danger, bears such risk even in the absence of guilt in causing harm. The grounds for imposing such risk on the victim are his intention or force majeure. It is this approach to the distribution of harm risk in tort liability that is fair and cost-effective and contributes to public well-being

Lay Health Workers’ Perspectives on Delivery of Advance Care Planning and Symptom Screening Among Adults With Cancer: A Qualitative Study

2020 ◽  
pp. 104990912097784
Author(s):  
Manali I. Patel ◽  
Sana Khateeb ◽  
Tumaini Coker
Keyword(s):  
Advance Care Planning ◽  
Health Workers ◽  
Comparative Method ◽  
Well Being ◽  
The United States ◽  
Care Planning ◽  
Lay Health Workers ◽  
Patients With Cancer ◽  
Symptom Screening ◽  
Advance Care

Introduction: Advance care planning and symptom screening among patients with cancer require team-based approaches to ensure that these services are equitably and appropriately delivered. In several organizations across the United States, we trained and employed lay health workers (LHWs) to assist with delivering these services for patients with cancer. The aim of this study was to understand LHWs’ views on delivering these services. Methods: We conducted semi-structured interviews with 22 LHWs in 6 US-based clinical cancer care settings in 4 large cities. We recorded, transcribed, and analyzed interviews using the constant comparative method of qualitative analysis. Results: Participants noted the importance of their role in assisting with the delivery of advance care planning (ACP) and symptom screening services. Participants noted the importance of developing relationships with patients to engage openly in ACP and symptom screening discussions. Participants reported that ongoing training provided skills and empowered them to discuss sensitive issues with patients and their caregivers. Participants described challenges in their roles including communication with oncology providers and their own emotional well-being. Participants identified solutions to these challenges including formal opportunities for introduction with oncology clinicians and staff and grievance sessions with LHWs and other team members. Discussion: LHWs from several organizations endorsed the importance of their roles in ensuring the delivery of ACP and proactive symptom screening. LHWs noted challenges and specific solutions to improve their effectiveness in delivering these important services to patients after their diagnosis of cancer.

Book Reviews

2016 ◽  
Vol 54 (2) ◽  
pp. 600-601
Keyword(s):  
Economic Analysis ◽  
Law And Economics ◽  
The United States ◽  
Law School ◽  
Professor Emeritus ◽  
Economic Analysis Of Law ◽  
Liability Rule ◽  
For Profit ◽  
Not For Profit ◽  
Merit Goods

Eric Posner of University of Chicago Law School reviews “The Future of Law and Economics: Essays in Reform and Recollection,” by Guido Calabresi. The Econlit abstract of this book begins: “Distinguishes between law and economics, exemplified by John Stuart Mill, and economic analysis of law, exemplified by Jeremy Bentham, in order to consider the meaning of merit goods, the perdurance and proper analysis of altruism and of not-for-profit institutions, the use of the liability rule, and what economics says about the validity and the shaping of tastes and values. Discusses law and economics and the economic analysis of law—the role of the lawyer; merit goods — commodification and commandification; merit goods and inequality; merit goods generally — specific applications and concluding thoughts; altruism, beneficence, and not-for-profit institutions; the relationship of markets and command in the liability role; how tastes and values are ignored; and tastes and values — what economics can tell us about them. Calabresi is a senior judge on the United States Court of Appeals for the Second Circuit and Sterling Professor Emeritus at Yale Law School.”

Internal and Cross-Border Conflict of Laws Regulation in the United States of America

2020 ◽  
Vol 9 (3) ◽  
pp. 784
Author(s):  
Ivan CHUMACHENKO
Keyword(s):  
United States ◽  
Comparative Method ◽  
Correct Choice ◽  
The United States ◽  
Conflict Of Laws ◽  
Law System ◽  
Cross Border ◽  
Legal Method ◽  
Basic Concepts ◽  
The U.S

The relevance of the research is due to the development of cross-border economy relations with involvement of the United States residents and the residents of other countries. Such an interest considers the questions about the correct choice of the applicable law in the framework of legal relations with the participation of U.S. residents carried out in the territory or residents of the different countries covered by the jurisdiction of the United States. The authors objectives under this article is to consider the basic concepts, as well as some features of resolving conflicts arising between the provisions of the U.S. Federal law, the laws of certain U.S. states with the laws of other countries, as well as, in some cases, with international law. In the framework of the study, the author used various methods, in particular, the dialectical method, methods of analysis, synthesis, the formal legal method, the comparative legal method, as well as the method of analyses of legal acts and judicial precedents. The basic method used in the paper is a comparative method. By applying of this method, the author tries to show the differences between US legislation (as the common law system country) and continental (civil) law countries in relation to the resolving of the conflicts of law. By using of the comparative method, the author also tried to show the differences between the English and the U.S. law. The comparative method also compared with the method of analyses by using of this method the author examined the features of conflict resolution in accordance with statutory legislation, judicial precedents, as well as U.S. doctrine sources. The author provides the basic concepts regarding to the law on conflicts, which contain the main approaches to resolving the conflict of various jurisdictions in the United States. As the results of the research, the author concludes that even if there are separate (special) legal acts, judicial cases, as well as doctrine sources that, it would seem, should help overcome conflicts between different legal systems, given the diversity of legal relations, such collisions will arise in the future, which will push lawmakers to further develop issues of U.S. ‘law on conflicts’ or ‘conflict of laws’.

scholarly journals CAPABILITIES FOR THE MISERABLE; HAPPINESS FOR THE SATISFIED

2011 ◽  
Vol 33 (3) ◽  
pp. 335-355 ◽  
Author(s):  
JOSÉ M. EDWARDS ◽  
SOPHIE PELLÉ
Keyword(s):  
Economic Analysis ◽  
Capability Approach ◽  
Well Being ◽  
Amartya Sen ◽  
Theoretical Frameworks ◽  
Normative Economics ◽  
New Concepts ◽  
Normative Economic ◽  
Economics Of Happiness ◽  
The Capability Approach

The aim of this paper is to explain the process of diversification of normative economics by presenting the work of two authors—Tibor Scitovsky (1910–2002) and Amartya Sen (1933–). While these two authors first contributed to traditional welfare analysis from within, they were subsequently involved in the development of two different, and even opposed, programs: the economics of happiness; and the capability approach. They focused on different concepts of well-being: the “joy” of satisfied consumers for Scitovsky; and the “capabilities” of deprived individuals for Sen. In imposing new theoretical frameworks and applications, as well as new concepts of well-being, which are measureable, the capability approach and the economics of happiness represent two major attempts to renew normative economic analysis.

scholarly journals The Tax Systems of the Russian Federation and the United States in the Context of the Principle of Tax Fairness

Legal Concept ◽  
2021 ◽  
pp. 56-61
Author(s):  
Stanislav Kazachenkov ◽  
Keyword(s):  
United States ◽  
Development Strategy ◽  
System Analysis ◽  
Comparative Method ◽  
The United States ◽  
Theory And Practice ◽  
Theoretical Research ◽  
Modern World ◽  
Legal Method ◽  
Tax Fairness

Introduction: in order to conduct an effective tax policy in the modern world, the state needs to rethink the development strategy in the field of taxation, which should be based on a system of tax principles, in particular, the principle of tax fairness. The novelty of the study lies in the fact that despite the considerable amount of the theoretical research on the subject, this area is under-researched in the question of the concept of equity in taxation, which is the relevance and need for the study. Purpose: to study the efficiency of the implementation of the principle of fairness in the modern tax system through the example of this country and foreign countries (USA). Methods: the research is based on the comparative method, the method of system analysis and dialectics, synthesis, analogy, deduction, induction, historical method, the method of unity of theory and practice, as well as the special legal methods (the formal legal method, the empirical methods of cognition and the dogmatic methods). Results: the formation of the concept of property taxation based on the principle of equity through the example of Russia and the United States. Conclusions: the principle of fair taxation should take into account the features of the modern legal and social reality, as well as the practical relations in the field of taxation.

Law, economic approach to

2018 ◽  
Author(s):  
Jules L. Coleman
Keyword(s):  
Twentieth Century ◽  
Economic Analysis ◽  
Economic Efficiency ◽  
Welfare Economics ◽  
Private Law ◽  
Economic Approach ◽  
Economic Analysis Of Law ◽  
Legal Practice ◽  
Positive Economic ◽  
Trust Law

The development of an economic approach to legal practice has been the most important jurisprudential development in the last third of the twentieth century. Economic analysis has been offered as both a positive and a normative jurisprudence: as an analysis of important features of existing legal practices and as an ideal against which these practices ought to be evaluated. For some, economic analysis has a narrow explanatory range (in various fields of private law, corporations and taxation, and anti-trust law, for example), while others make broader claims for its ability to illuminate any area of law. Finally, there is a difference between those who focus on one explanation and those who focus on prediction, but all offer positive economic analysis of law based on the concept of economic efficiency as defined in welfare economics and applied to law by Coase, Posner, Calabresi and others.

Dialectical Thinking and Psychological Well-Being in Morocco, China, and the United States

2014 ◽  
Author(s):  
Cassidy Bibo ◽  
Julie Spencer-Rodgers ◽  
Benaissa Zarhbouch ◽  
Mostafa Bouanini ◽  
Kaiping Peng
Keyword(s):  
United States ◽  
Well Being ◽  
The United States ◽  
Dialectical Thinking ◽  
Psychological Well Being

Community Outreach Partnership Center (COPC)

2003 ◽  
Vol 1 (2) ◽  
pp. 44-51
Author(s):  
Kristine Brown ◽  
James Sturges
Keyword(s):  
Health Promotion ◽  
Los Angeles ◽  
Mexican Immigrants ◽  
Community Outreach ◽  
Well Being ◽  
Integrated Services ◽  
The United States ◽  
Primary Objective ◽  
Health Promotion Program ◽  
Federal Grant

With the continued influx of Mexican immigrants to the United States, especially to Southern California, health concerns and needs have increased among this population over the last several years. California State Polytechnic University, Pomona (Cal Poly Pomona) obtained a federal grant that provided resources to establish the Community Outreach Partnership Center (COPC). COPC consists of comprehensive efforts to improve the overall well-being of the Angela Chanslor area within the City of Pomona in East Los Angeles. Focus areas of the project include 1) Education and Integrated Services, 2) Community Planning and Capacity Building for Neighborhood Revitalization and Safety, and 3) Job Development and Training. The focus of this paper is health promotion activities within Education and Integrated Services. The primary objective of this portion of the program was to provide residents with physical examinations and health screenings, health education, and medical and social service referrals. Topics discussed are the target community, general overview of COPC, Family Services Information and Referral Program (i.e. health promotion program within Education and Integrated Services), program impact and results, and suggestions for continued implementation and future efforts. / Con la influencia continua de inmigrantes Mexicanos a los Estados Unidos, especialmente al sur de California, ciertas necesidades con respecto a la salud han incrementado en esta poblacion en los ultimos anos. California State Polytechnic University, Pomona (Cal Poly Pomona). Obtuvo ayuda Federal para establecer El Community Outreach Partnership Center (COPC). El centro COPC consiste de esfuerzos conprensivos para mejorar el bienestar del area Angela Chanslor que esta ubicado en la Ciudad de Pomona en la parte Este de Los Angeles. Las partes enfocadas del proyecto incluyen, 1) Educacion y servicios Integrados, 2) Plan para la Comunidad y un Edificio de Capacitacion para la comunidad que dara revitalizacion y seguridad, 3) Y habrira trabajos y entrenamientos. El enfoque de este proyecto es de actividades en Promocion de Salud aliadas con educacion y Servicios Integrados. El objetivo principal de esta porcion del programa era de proveer a los residentes con examinaciones fisicas, educacion para la salud, y eran referidas a servicios medicos y sociales. Los topicos que son tratados son: La comunidad que sera ayudada, El enfoque general de COPC, informacion del programa para referir a servicios familiares, el impacto del programa y resultados, y sugerencias para implementar futuros esfuerzos.

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