Law's insistence on dispassion as the mother of theoretical curiosity Interactional Justice: The Role of Emotions in the Performance of Loyalty , LISAFLOWER, London: Routledge, 2020, 224 pp., £36.99 Judging and Emotion: A Socio‐Legal Analysis , SHARYN ROACHANLEU AND KATHYMACK, London: Routledge, 2021, 232 pp., £120.00 Law and the Passions: Why Emotions Matter for Justice , JULIA J. A.SHAW, London: Routledge, 2020, 208 pp., £36.99

2021 ◽  
Author(s):  
STINA BERGMAN BLIX
Keyword(s):  
Interactional Justice ◽  
Legal Analysis

scholarly journals Some New Ideas on the Role of Legal Analysis applied to the Regulation of Telecommunications Services in Brazil

2016 ◽  
Vol 8 (1) ◽  
pp. 31-60
Author(s):  
Marcus Faro de Castro ◽  
Daniele Kleiner Fontes
Keyword(s):  
Economic Policy ◽  
Telecommunications Industry ◽  
Legal Analysis ◽  
Economic Sectors ◽  
Legal Literature ◽  
Regulatory Law ◽  
New Ideas ◽  
Telecommunications Services ◽  
Analytical Approaches

Purpose – The paper aims to present new ideas and analytical approaches developed in recent years by Brazilian legal scholars regarding regulation and economic development. Regulatory law of telecommunications services is taken as an example of application of such new ideas and analytical approaches. Methodology/approach/design – Two main approaches to the relationship between law and economic issues are described: the New Law and Development (NLD) approach and the Legal Analysis of Economic Policy (LAEP) perspective. The paper highlights prominent ideas of each perspective. Findings – The paper shows that there are structured ideas available in recent Brazilian legal literature which have a non-negligible potential of being explored in legal discussions and analyses of economic policy and regulatory issues of many sectors of emerging economies, including the telecommunications industry. Originality/value – The paper offers valuable contributions that may help in efforts to enhance and innovate the role of legal expertise in the regulatory process of several economic sectors, including the telecommunications sector.

scholarly journals FEATURES OF JUDICIAL CASES INVOLVING WOMEN IN THE FATIMID CALIPHATE IN THE 10TH–12TH CENTURIES (historical and legal analysis)

2020 ◽  
pp. 249-253
Author(s):  
Faridun Z. Zavurbekov
Keyword(s):  
Legal Status ◽  
Negative Attitude ◽  
Special Role ◽  
Legal Analysis ◽  
Criminal Cases ◽  
Judicial Process ◽  
Judicial Practice ◽  
Marriage Contract ◽  
History Of

The article deals with the rights of women in the Fatimid Caliphate (10th to 12th centuries) by analysing the judicial practice of the time, the decisions of the Sharia and Mazalim courts. The author focuses on the legal status of women in the sphere of marriage, family and criminal law in the Ismaili tradition. Historical-legal and comparative-legal methods are used in the analysis of sources. The study begins with a short digression into the history of the Fatimid Caliphate. The features of the judicial system, the role of the cadi and its competence are described. There are a number of court cases, one of the parties to which was a woman. Based on the analysis, the author makes a conclusion about the specifi city of the Fatimid approach to marriage, in comparison with the Sunni and Imamite legal schools. The special role of guardians at the conclusion of the marriage contract and restriction of freedom of its termination is noted. Attention is drawn to the fact of extremely negative attitude to marriage between Muslim women and representatives of other religious movements, as well as to such an institution of family law as temporary marriage, legalised in the Imamite school of law. The fi nal part deals with criminal cases in which a woman is both the victim and the accused. Based on these precedents, it is a non-trivial conclusion that the judges of the Fatimid Caliphate did not always rely on Sharia norms when making decisions against women, which is completely atypical for Muslim traditions in general. At the same time, any crimes against this group of the population were punished rather severely. Particular attention is drawn to the state’s approach to women plaintiffs, depending on the degree of their personal participation in the judicial process.

scholarly journals HTA AND ITS LEGAL ISSUES: A FRAMEWORK FOR IDENTIFYING LEGAL ISSUES IN HEALTH TECHNOLOGY ASSESSMENT

2014 ◽  
Vol 30 (6) ◽  
pp. 587-594 ◽  
Author(s):  
Daniel Widrig ◽  
Brigitte Tag
Keyword(s):  
Health Technology Assessment ◽  
Technology Assessment ◽  
Health Technology ◽  
Legal Issues ◽  
Extensive Literature ◽  
Legal Analysis ◽  
Swiss Health ◽  
Extensive Literature Search ◽  
Legal Technology

Objectives: Legal analysis can highlight important issues that are relevant when deciding whether a medical technology should be implemented or reimbursed. Literature and studies show that even though the law is an acknowledged part of health technology assessment (HTA), legal issues are rarely considered in practice. One reason for this may be the lack of knowledge about the diversity of legal issues that are relevant for HTA. Therefore, this contribution aims primarily to identify and then explain the relevant legal issues in HTA. This study offers a framework for identifying the legal issues in HTAs in different jurisdictions and provides a basis for further research.Methods: After extensive literature search, the authors review Swiss health law to identify legal issues that are relevant to HTA. The authors then categorize these legal issues using a framework with an inside and outside perspective. Finally, they explain a selection of these legal issues with several examples.Results: This study reveals numerous legal issues that are relevant for HTA and underlines the necessity of incorporating legal analysis in HTAs. The suggested perspectival framework in this study provides a basis to structure the legal analysis. The identified legal issues are relevant in other countries and the perspectival framework is transferable to other jurisdictions.Conclusions: The article underlines the importance of in-depth discussion about the role of law in HTA. It provides a structured overview of the legal issues in HTA and suggests a development of more concrete instruments toward a standardized legal technology assessment.

Part I International Refugee Law— Reflections on the Scholarly Field, Ch.2 Race, Refugees, and International Law

2021 ◽  
Author(s):  
Tendayi Achiume E
Keyword(s):  
International Law ◽  
Racial Discrimination ◽  
Race And Ethnicity ◽  
International Human Rights Law ◽  
Legal Analysis ◽  
Refugee Law ◽  
International Refugee Law ◽  
And Gender ◽  
Role Of Religion

The experiences of refugees are heavily mediated by race and ethnicity, and international law plays a significant role in this mediation—in some cases offering important protections, and in others entrenching discrimination and exclusion. This Chapter makes four contributions. First, it articulates a structural and intersectional account of race, racial discrimination and xenophobic discrimination as essential starting points for international legal analysis of race and refugees. This analysis includes the overlap and distinctions between racial and xenophobic discrimination, as well as the role of religion, class and gender in shaping racial discrimination against refugees. Secondly, it reviews the doctrine on race and refugees in international refugee law and international human rights law, and maps the attendant academic literature analyzing this law. Thirdly, the Chapter canvasses legal scholarship that has examined the structure, history and development of the international refugee regime in relation to race. Finally, it concludes with reflections on a research agenda on race and refugees.

Interactional justice and willingness to share tacit knowledge: perceived cost as a mediator, and respectful engagement as moderator

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Bindu Gupta ◽  
Karen Yuan Wang ◽  
Wenjuan Cai
Keyword(s):  
Tacit Knowledge ◽  
Social Exchange ◽  
Negative Relationship ◽  
Interactional Justice ◽  
Content Type ◽  
Work Related ◽  
The Social ◽  
Tacit Knowledge Sharing ◽  
Practical Implications

PurposeManaging tacit knowledge effectively and efficiently is a huge challenge for organizations. Based on the social exchange and self-determination theories, this study aims to explore the role of social interactions in motivating employees' willingness to share tacit knowledge (WSTK).Design/methodology/approachThe study used a survey approach and collected data from 228 employees in service and manufacturing organizations.FindingsInteractional justice and respectful engagement are positively related to WSTK. The perceived cost of tacit knowledge sharing (CostTKS) partially mediates the relationship between interactional justice and WSTK. Respectful engagement moderates the negative relationship between interactional justice and the perceived CostTKS.Research limitations/implicationsThe study advances the understanding of the role of social interaction in facilitating employee WSTK by integrating the direct and intermediate relationships involving the effect of supervisor's interactional justice and peers' respectful engagement and employee perceived CostTKS on WSTK.Practical implicationsThe findings have important practical implications for organizations as these suggest how organizations can help tacit knowledge holders experience less negative and more supportive behaviors when they engage in voluntary TKS.Originality/valueThis study examines the effect of both vertical and horizontal work-related interactions on perceived CostTKS and sequentially on WSTK, thereby extending existing literature.

Feminist Approaches to International Law

1991 ◽  
Vol 85 (4) ◽  
pp. 613-645 ◽  
Author(s):  
Hilary Charlesworth ◽  
Christine Chinkin ◽  
Shelley Wright
Keyword(s):  
Legal System ◽  
Cultural Context ◽  
Legal Theory ◽  
Central Feature ◽  
Legal Analysis ◽  
Feminist Jurisprudence ◽  
The Law ◽  
Immediate Experience ◽  
Political Economic

The development of feminist jurisprudence in recent years has made a rich and fruitful contribution to legal theory. Few areas of domestic law have avoided the scrutiny of feminist writers, who have exposed the gender bias of apparently neutral systems of rules. A central feature of many western theories about law is that the law is an autonomous entity, distinct from the society it regulates. A legal system is regarded as different from a political or economic system, for example, because it operates on the basis of abstract rationality, and is thus universally applicable and capable of achieving neutrality and objectivity. These attributes are held to give the law its special authority. More radical theories have challenged this abstract rationalism, arguing that legal analysis cannot be separated from the political, economic, historical and cultural context in which people live. Some theorists argue that the law functions as a system of beliefs that make social, political and economic inequalities appear natural. Feminist jurisprudence builds on certain aspects of this critical strain in legal thought. It is much more focused and concrete, however, and derives its theoretical force from immediate experience of the role of the legal system in creating and perpetuating the unequal position of women.

Sign in / Sign up

Export Citation Format

Share Document