The Dispositional Model Advocated

2018 ◽  
pp. 161-192
Author(s):  
Noam Gur
Keyword(s):  
Empirical Studies ◽  
General Basis ◽  
The Law

This chapter puts forward arguments in support of the dispositional model, and defends it against possible objections. The chapter begins by highlighting the key advantages of this model over the alternatives discussed earlier in the book (Section 8.1). It is then argued that the law-abiding disposition at the centre of this model cannot be adequately substituted (at least not on a general basis) by methods of inducing law compliance through punishment or reward (Section 8.2), and by moral dispositions independent of the law (Section 8.3). Subsequent comments are intended to allay possible doubts about whether the dispositional model sufficiently accommodates the possibility of disobedient action in response to legal immorality (Section 8.4). Finally, the extent to which the dispositional model corresponds with the reality of common attitudes towards law is discussed by recourse to empirical studies on the causes of law compliance (Section 8.5).

Book Reviews

2015 ◽  
Vol 53 (4) ◽  
pp. 1033-1036
Keyword(s):  
Cost Benefit Analysis ◽  
Empirical Studies ◽  
Cost Benefit ◽  
Well Being ◽  
Chicago School ◽  
Associate Professor ◽  
Law School ◽  
Hedonic Theory ◽  
The Law ◽  
Institute Of Technology

Matthew D. Adler of Duke University reviews “Happiness and the Law”, by John Bronsteen, Christopher Buccafusco, and Jonathan S. Masur. The Econlit abstract of this book begins: “Assesses how the law affects people's quality of life with a particular focus on criminal punishment and civil lawsuits. Discusses measuring happiness; well-being analysis; well-being analysis versus cost–benefit analysis; happiness and punishment; adaptation, affective forecasting, and civil litigation; some problems with preference theories and objective theories; a hedonic theory of well-being; addressing objections to the hedonic theory; and the future of happiness and the law. Bronsteen is a professor in the Loyola University Chicago School of Law. Buccafusco is an associate professor in the Chicago-Kent School of Law and Codirector of the Center for Empirical Studies of Intellectual Property at the Illinois Institute of Technology. Masur is John P. Wilson Professor of Law in the University of Chicago Law School.”

scholarly journals LOOKING FOR QUALITY: THE EMPIRICAL DEBATE IN ACCESS TO JUSTICE RESEARCH

2013 ◽  
Vol 31 (2) ◽  
pp. 229 ◽  
Author(s):  
Jennifer A Leitch
Keyword(s):  
Empirical Studies ◽  
Law And Society ◽  
Access To Justice ◽  
Justice Research ◽  
Conceptual Debate ◽  
Il Y A ◽  
The Law ◽  
The Impact

Access to Justice remains one of the most contested issues on the law-and-society agenda.  There has been continuing conceptual debate over its meaning, its objectives, and its success.  Of late, attention has turned to efforts to measure the impact and efficacy of different initiatives aimed at improving individuals’ access to justice.  Along with a broader turn toward empirical studies in law, there have been renewed efforts within the access to justice field to develop a more compelling and convincing methodology by which to assess and evaluate these different initiatives. L’accès à la justice demeure l’une des questions les plus contestées à l’ordre du jour « droit et société ». Il y a un débat conceptuel continu au sujet de son sens, de ses objectifs et de son succès. Récemment, l’attention s’est tournée vers les efforts visant à mesurer l’impact et l’efficacité de différentes initiatives ayant pour but d’améliorer l’accès à la justice des particuliers. Outre une tendance plus générale vers des études empiriques en droit, il y a eu, dans le domaine de l’accès à la justice, des efforts renouvelés visant à élaborer une méthodologie plus contraignante et convaincante pour évaluer ces différentes initiatives.

Umkämpftes Recht

2018 ◽  
Author(s):  
Jan Christoph Suntrup
Keyword(s):  
Conceptual Development ◽  
Empirical Studies ◽  
Cultural Conflicts ◽  
Political Struggles ◽  
Legal Thinking ◽  
Cultural Science ◽  
The Law ◽  
And Migration ◽  
Civil Order ◽  
Concept Of Law

According to one of the great narratives of political and legal thinking, law is a peace order that eliminates conflicts or even counters chaos and violence by way of the implementation formations of civil order. Nevertheless, law is not only the scene of numerous social and political struggles and legal conflicts, but sometimes provokes new conflicts through its procedures, norms and categories. The focus of this study is the analysis of cultural conflicts, which - not least due to the dynamics of globalization, Europeanization and migration – are at play inside the law or are ignited by it. The cultural science perspective adopted here is based on the explication of a multi-dimensional concept of law that encompasses norms, validity narratives, forms of organization, epistemic prerequisites and effects as well as symbols and rituals of law. This conceptualization is intended to prevent the assumption that 'law' is a uniform object, since it proves to be plural, controversial and dynamic in terms of its content as well as its form. The supplementation of the theoretical-conceptual development of such a concept of law by empirical studies of various legal-pluralistic constellations and struggles brings to light politically charged as well as subliminal cultural conflicts.

The State of the Law on Euthanasia in Kenya

2020 ◽  
Vol 8 (1) ◽  
pp. 1-14
Author(s):  
Moni Wekesa ◽  
Martin Awori
Keyword(s):  
Empirical Studies ◽  
Case Law ◽  
The State ◽  
Right To Die ◽  
Criminal Offence ◽  
Dual Effect ◽  
Current State ◽  
The Law ◽  
State Of Affairs ◽  
The Right

The general position of the law on euthanasia worldwide is that all states recognise their duty to preserve life. Courts in various jurisdictions have refused to interpret the 'right to life' or the 'right to dignity' to also include the 'right to die'. Instead, they have held that the state has a duty to protect life. Three categories can however be noted. At one extreme are those countries that have totally criminalised any appearance of euthanasia. In the middle are countries that prohibit what appears to be active euthanasia while at the same time tolerating 'dual-effect' treatment and withdrawal of artificial feeding. At the other extreme are countries that allow euthanasia. Even in this last category of countries, there are stringent guidelines embedded in the law to prevent a situation of 'free for all'. Anecdotal evidence, some empirical studies and case law seem to suggest that euthanasia goes on in many countries irrespective of the law. Euthanasia is a criminal offence in Kenya. However, there have been no empirical studies to ascertain whether euthanasia goes on in spite of the law. This article surveys the current state of the practice of euthanasia globally and narrows down to elaborate on the state of affairs in Kenya.

scholarly journals MAJELIS TA'LIM AS SOCIALIZATION MEDIA OF CHILD PROTECTION IN WEST SULAWESI

Al-Qalam ◽  
2021 ◽  
Vol 27 (1) ◽  
pp. 85
Author(s):  
Abdul Rahman ◽  
Anwar Sadat
Keyword(s):  
Empirical Research ◽  
Human Dignity ◽  
Child Protection ◽  
Empirical Studies ◽  
Social Institutions ◽  
Community Based ◽  
The Law ◽  
Teleological Interpretation ◽  
Research Type ◽  
Interpretation Method

<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>The enactment of Law No. 35 of 2014 concerning Child Protection is intended to protect children and guarantee their rights to live, grow, develop, and participate optimally following human dignity and get protection from violence and discrimination. It could be achieved through increasing awareness of the rights and obligations and the responsibility of the involved parties, especially parents because they are the first and foremost in contact with children. In the context of the Law socialization, research is needed to find an appropriate and effective socialization model especially for women (mothers) through religious-social activities. One of them is majelis ta'lim program. This research used a normative-empirical research type. Normative research was used through the interpretation of grammatical and authentic legal methods. Empirical research was conducted by a teleological interpretation method to know the extent of the legal norm according to the community’s attitudes, behaviors, and compliance. Data were collected through the study of literature and empirical studies using interview guidelines and questionnaires. The research results showed that the developed socialization model could solve the most fundamental and urgent literature and the wider community’s interests. In protecting the community-based program, the issue is not merely children in conflict with the law. It includes a larger unit of interaction, such as parents, family, peers, environment, and wider social institutions</span></p></div></div></div>

Public Outcry and Police Behavior

2016 ◽  
Vol 16 (2) ◽  
pp. 619-645 ◽  
Author(s):  
Gregory DeAngelo ◽  
Bryan C. McCannon
Keyword(s):  
Law Enforcement ◽  
Social Norms ◽  
Empirical Studies ◽  
Theoretical Framework ◽  
Neighborhood Context ◽  
Prior Beliefs ◽  
Law Enforcement Officials ◽  
The Law ◽  
And Performance

Abstract Numerous empirical studies have documented policing behavior and response to public opinion, social norms, changing laws, neighborhood context and a litany of other subject areas. What is missing from this literature is a general theoretical framework that explains the conflicting goals of properly applying the law and responding to social norms and the consequences of the law. We build a theoretical framework where law enforcement officials care about both reputation and performance. Outside evaluations assess the quality of the decision making of the officers, but can be influenced by strategic challenging of the sanctioning by the suspected violators. We first establish that reputational concerns can distort law enforcement, encouraging either over-enforcement or under-enforcement of the law, depending on the prior beliefs of violations and the observed signal. Introducing strategic challenging by the violator eliminates over-enforcement and allows for an even larger reduction in application of the law by less-skilled officers. Connections to empirical findings of distortions in law enforcement, along with an extension to deterrence are highlighted.

scholarly journals A Corpus-Based Approach to Studies in Legal Phraseology: An Overview

2018 ◽  
Vol 8 (7) ◽  
pp. 50
Author(s):  
Ibrahim Bashir ◽  
Kamariah Yunus ◽  
Aliyu Abdullahi
Keyword(s):  
Empirical Studies ◽  
English For Specific Purposes ◽  
Distinctive Features ◽  
Structural Patterns ◽  
The Law

The language of the law as it is called &ldquo;legalese&rdquo; has very distinctive lexical and structural patterns which in many ways different from the &ldquo;traditional forms of language&rdquo;. Its conservatism is linked directly to the need for unambiguous language that has already been tried and tested in the courts. By retaining to traditional lexis and structure lawyers can be confident that the language of the law is consistent and precise. This study aims to give some insights on apparent lexico-grammatical features characterised legal phraseology. The present study adopts a corpus-based approach to investigate those distinctive features of legal phraseology such as the uses binomial words, colligation of prepositions, prefabricated word combinations directly prescribed by law, and their semantic functions. This overview compiles data from the books, and empirical studies as well as theoretical and conceptual works conducted in the premises of legal phraseology. Some implications for English for specific purposes are given.&nbsp;

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