Economics of the Sacramental Bread Ordeal in the Russian Princedoms Period

2021 ◽  
pp. 2050005
Author(s):  
Vladimir Vladimirovich Maltsev
Keyword(s):  
Special Reference ◽  
Dispute Resolution ◽  
Law And Economics ◽  
Austrian Economics ◽  
Legal Analysis ◽  
Costs And Benefits ◽  
Social Ostracism ◽  
Biological Reaction ◽  
Potential Losses ◽  
Careful Manipulation

The paper analyses the economics behind the ordeal by sacramental bread — a method of criminal dispute resolution in the Russian Princedoms period. Contributing to the framework advanced by Leeson (2011, 2012a, 2012b) [Trial by battle. Journal of Legal Analysis, 3(1), 341–375; An Austrian approach to law and economics, with special reference to superstition. The Review of Austrian Economics, 25(3), 185–198; Ordeals. The Journal of Law and Economics, 55(3), 691–714], this paper advances a hypothesis that the ordeal could have been designed as a ‘pressure valve’ to reduce scepticism in relation to other ordeals. To prove this, a model is constructed showing that when high scepticism causes fixed-outcome ordeals to become costly, the clergy could resort to creating an ordeal, the verdicts of which would not be argued against through a careful manipulation of its costs and benefits. In this ordeal, guilt was determined by the proband’s inability to swallow the bread due to stress and thus relied on a biological reaction instead of a predetermined outcome. Investigations showed that even if the ordeal delivered false verdicts, appealing the verdict was not beneficial to the proband. This was achieved by only employing the ordeal in resolution of petty theft, which made the potential losses from a false verdict very minimal. Further, the ordeal was staged as a confession, which reduced the possibility of a proband facing social ostracism.

scholarly journals Administrative mechanisms for resolving individual labour disputes in foreign countries

2021 ◽  
Vol 118 ◽  
pp. 03011
Author(s):  
Aleksei Vladimirovich Iglin
Keyword(s):  
Dispute Resolution ◽  
Research Methods ◽  
Access To Justice ◽  
Legal Analysis ◽  
Labor Disputes ◽  
Labor Management ◽  
Dialectical Approach ◽  
Legal Method ◽  
Foreign Countries ◽  
Conducting Research

According to international labor standards, the labor-management system covers all public administration bodies responsible for and/or involved in labor-management, whether they are ministerial departments or government agencies, including semipublic, regional, or local agencies, or any other form of decentralized administration, and any institutional framework for coordinating the activities of such bodies and for consultation and participation of employers and employees and their organization. In this regard, dispute resolution mechanisms through administrative departments and agencies, labor inspections, and voluntary compliance are most pronounced. The purpose of the study was to conduct a comprehensive analysis of administrative mechanisms for resolving individual labor disputes in foreign countries; to draw conclusions about the effectiveness, prospects, and legal clarity of coordination of labor disputes. When conducting research the author relies on foreign doctrine, the practice of the subjects involved in labor relations, acts of foreign legislation. Research methods: a dialectical approach to the knowledge of administrative mechanisms, allowing analyzing them in their practical development and functioning in the context of coordination of labor legal relations. The comparative legal method and dialectics determined the choice of specific research methods: comparative and formal-legal. The functions, jurisdiction, and procedures of individual labor dispute resolution mechanisms and labor inspectorates are the subject of comprehensive research because of their effectiveness in protecting workers’ rights. The article provides a detailed comparative legal analysis of the specifics of dispute resolution through administrative departments and agencies, the role of labor inspections/law enforcement, and access to justice for workers in unclear or hidden employment relationships. On the basis of a large array of regulative sources, the author concludes about the importance of administrative mechanisms in the proper enforcement of labor laws abroad.

scholarly journals Comparative-Legal Analysis of Alternative Tax Dispute Resolution: the Practice of the Russian Federation, the United States, the Netherlands and Germany

2017 ◽  
pp. 58-64
Author(s):  
Елена Цветкова ◽  
Elena Tsvetkova
Keyword(s):  
United States ◽  
The Netherlands ◽  
Dispute Resolution ◽  
The United States ◽  
Alternative Methods ◽  
Main Trend ◽  
Legal Analysis ◽  
Tax Rate ◽  
The Us ◽  
The Moment

The main trend of recent years is the complication of tax administration. In order to improve it states develop forms of work with taxpayers, including alternative tax dispute resolution. The author analyses alternative tax dispute resolution that have already developed in Russia and compares them with similar procedures in the United States, the Netherlands and Germany. To the alternative methods that are applied in Russia the author refers tax monitoring and agreement on the settlement of a tax dispute. Tax monitoring is not seen as a form of tax control, but as a mean of resolving and preventing the occurrence of a tax dispute. The conclusion of an agreement between a tax authority and a taxpayer on the settlement of a dispute in court is possible by reaching a compromise on the qualification of relations, on actual circumstances, on the interpretation of the tax rate. The article contains examples of programs that exist in the US and Germany in the sphere of tax dispute resolution. Also issues related to the implementation of the mediation procedure existing in the United States, the Netherlands and Germany and the possibility of their application in Russia are considered. The author emphasizes the impossibility of applying the procedure of mediation in tax disputes in Russia at the moment due to the lack of legislative regulation.

scholarly journals The Small Claims Court in Canada: Some Reflections on Recent Reforms

1969 ◽  
pp. 475 ◽  
Author(s):  
William A. W. Neilson
Keyword(s):  
Social Policy ◽  
Dispute Resolution ◽  
Competing Values ◽  
Costs And Benefits ◽  
The Social ◽  
Small Claims ◽  
Small Claims Court

The last ten years have been an extraordinary period with respect to legislation in the area of small claims dispute resolution. The author outlines how various provinces have reformed and experimented with their small claims courts to better suit the needs of the consumer. The costs and benefits of these reforms are analyzed with the competing values of diversity and uniformity in mind, The author examines the social policy behind these issues from several perspectives, including that of the potential litigant, judge and taxpayer.

Introduction to Investment Treaty Arbitration (ITA) and Framing the Debate

2019 ◽  
pp. 1-24
Author(s):  
Susan D. Franck
Keyword(s):  
Cognitive Psychology ◽  
Dispute Resolution ◽  
International Investment ◽  
Data Driven ◽  
Evidence Based ◽  
Policy Options ◽  
Costs And Benefits ◽  
Investment Treaty ◽  
Relative Value

Chapter 1 introduces the contents of the book by framing the context of international investment more broadly, contextualizing investment-related conflict management, identifying the issues related to cost, and exploring how cognitive psychology and data-driven analysis can offer a frame for considering the relative value of normative reform. After the initial framing, Chapter 1 provides an overview of international investment, with a historic context and a matrix for understanding the current dispute resolution options to set the stage for consideration of alternatives. It then describes ITA’s doctrinal foundation to explore the debate about the costs and benefits of ITA. The final section addresses the need to appreciate the relative value of policy options to make grounded, evidence-based normative choices for investment treaty dispute resolution.

scholarly journals Legal Analysis of Hospital Dispute Settlement through Mediation by Provincial Hospital Supervisory Board (BPRS)

2018 ◽  
Vol 54 ◽  
pp. 03016
Author(s):  
Nurani Ajeng Tri Utami
Keyword(s):  
Dispute Resolution ◽  
Analytical Approach ◽  
Dispute Settlement ◽  
Scientific Information ◽  
Supervisory Board ◽  
Legal Analysis ◽  
Provincial Hospital ◽  
Resolution Process ◽  
Hospital Board ◽  
To Receive

Law No. 44 year 2009 on Hospitals mandates the establishment of the Hospital Supervisory Board (BPRS) at national and provincial levels. One of the duties of the Provincial Hospital Board of Supervisors, as mentioned in Article 60, is to receive complaints and to mediate the dispute resolution process. Previously, if the parties agree to use the settlement of the dispute with mediation, it only involves the hospital with the patient or the party who feels aggrieved, and the mediator if necessary. However, there are still hospitals or parties who are harmed by the hospital who directly sued to the court. This paper will explain normatively how the arrangements and obstacles on the dispute settlement of the hospital by means of mediation through BPRS. This research uses normative juridical method with statute approach and analytical approach. The result of this research will describe the arrangement comprehensively and constraint normatively about BPRS as a scientific information for the improvement of BPRS.

scholarly journals US–Stainless Steel (Mexico)

2010 ◽  
Vol 9 (1) ◽  
pp. 117-150 ◽  
Author(s):  
MEREDITH CROWLEY ◽  
ROBERT HOWSE
Keyword(s):  
Stainless Steel ◽  
Economic Analysis ◽  
Dispute Resolution ◽  
Institutional Structure ◽  
Legal Systems ◽  
Costs And Benefits ◽  
Stare Decisis ◽  
Appellate Body ◽  
Resolution System ◽  
Dispute Resolution System

AbstractThe US–Mexico Stainless-Steel dispute presents two interesting questions. First, what role does and should stare decisis (precedent) play in the WTO dispute-resolution system? Second, are there circumstances under which exceptional methodologies, i.e. ‘zeroing’, can better achieve the stated objectives of the agreement than the standard methodologies explicitly stated in the agreement? We argue that the institutional structure and foundational norms of the WTO imply the need for Panels to be bound by the prior decisions of the Appellate Body. Our economic analysis describes the costs and benefits of legal systems with and without precedent. Regarding methodology, we argue that any analysis of the suitability of a methodology (i.e. ‘zeroing’) must be undertaken jointly with an analysis of the underlying objective of the agreement (i.e. remedying injury). We conclude that, under limited circumstances, the ‘zeroing’ methodology is more effective at remedying injury than the ordinary methodology outlined in the Anti-Dumping Agreement.

scholarly journals Online reconciliation as a means of improving the access to justice

2021 ◽  
pp. 29-45
Author(s):  
Elena Vladimirovna Burdina ◽  
Oleg Aleksandrovich Kapustin
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
Integrated Model ◽  
Judicial System ◽  
Access To Justice ◽  
Legal Analysis ◽  
Digital Services ◽  
Judicial Proceedings ◽  
Current Context ◽  
The Subject

The subject of this research is the problem of improving the effectiveness of conciliation procedures, their relevance to the citizens, and increasing the role and importance of the forms of pacific settlement of the dispute within the Russian system of justice in the conditions of digitalization of judicial activity. The goal of this article is to prove online reconciliation as a method for improving access to justice, as well as substantiate the integrated model of reconciliation in judicial activity using digital services and platforms. Leaning on the works of the Russian and foreign researchers (V. M. Zhuykov, S. K. Zagaynova, V. V. Yarkov, and others), the conclusion is made that the institution of reconciliation, including mediation, is historically built around the judicial system. Hindsight analysis of the judicial and non-judicial forms of dispute settlement indicates their coherent development. The implementation of the digital platform “Justice Online” in judicial activity allows improving citizens’ access to dispute resolution in or without judicial proceedings using pacific means. In the current context, reconciliation is viewed within the structure of judicial activity and consists in implementation of reconciliation procedures, including online reconciliation, in the courthouse or with the involvement of court, or via digital judicial platforms. The application of comparative legal analysis substantiates the integrated mod el of reconciliation, which has the following characteristics: access to mediation services in the courthouse; granting authorities to the court staff for elucidation of the possible methods of dispute settlement; accretion of power of reconciliation judges; integration of technological services of online reconciliation with the digital judicial platform; merger between the website of the court and the websites of mediation organizations.

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