The Politics of Courts in China

2017 ◽  
Vol 2 (2) ◽  
pp. 129-153 ◽  
Author(s):  
Xin He
Keyword(s):  
Decision Making ◽  
Legal System ◽  
Empirical Studies ◽  
Judicial Independence ◽  
Law And Society ◽  
Decision Making Processes ◽  
People’S Attitudes ◽  
The Relationship

Politics has shaped the operation of the Chinese courts as well as their decision-making processes. This article surveys mostly empirical studies on the relationship between the courts and politics. It covers topics such as judicial independence, local protectionism, judicial mediation, judicial innovation, judicial reforms, and people’s attitudes toward the courts. It provides a clue to understand the trajectory of the Chinese courts, the legal system, and the relationship between law and society in general.

scholarly journals Axiology, personal values and ethical rationalities: a proposal for theoretical frameworks integration

2020 ◽  
Vol 21 (55) ◽  
pp. 115-133
Author(s):  
Matheus Lemos de Andrade ◽  
Ramon Silva Leite ◽  
Simone Teresinha Chaves de Andrada Ibrahin ◽  
Karina Carneiro Costa
Keyword(s):  
Decision Making ◽  
Personal Values ◽  
Empirical Studies ◽  
Theoretical Frameworks ◽  
Social Phenomena ◽  
Decision Making Processes ◽  
The Relationship

Ethics and personal values are two important theories that underlie management studies that analyze behaviors and decision-making processes. However, the relationship between these two themes is incipient and calls for in-depth investigation, mainly empirical studies. The present study aims at verifying the existence of relationships between personal values (Schwartz, 1992; Schwartz et al., 2012) and the ethical deontological and teleological rationalities. A survey into this issue was conducted with a sample of 453 Brazilian respondents. Consistent with the postulated hypotheses, the results showed that all individualistic-oriented values are positively related to teleological rationalities, just as all collectivist-oriented values are affirmatively related to deontological rationalities, except for the Tradition value. Empirical confirmation of the relationship between ethics and personal values answer the author`s claims on the topic and allows the extension of analyzes of social phenomena supported by such theories.

scholarly journals PARTICIPATION OF INDIVIDUALS IN PUBLIC DECISIONS IN THE POLISH LEGAL SYSTEM-THE OUTLINE

2020 ◽  
Vol 1 ◽  
pp. 21-27
Author(s):  
Agata Barczewska-Dziobek
Keyword(s):  
Decision Making ◽  
Rule Of Law ◽  
Legal System ◽  
Text Analysis ◽  
Good Governance ◽  
The Body ◽  
The Rule Of Law ◽  
Decision Making Processes ◽  
Polish Law ◽  
The Relationship

The idea of good governance is associated with the postulate of participatory and interactive democracy. This results in the appearance in the legal system of solutions reflecting the recommendations of the so-called "good administration." Good administration is the subjective right which, in the relationship between the body and the citizen, defines the individual's rights and the duties of the administration to act in a particular way. It may be interpreted differently, but it must comply with universal standards. They have been defined in international, European and soft law. These include the rule of law, equality, administrative transparency, confidence and trust, as well as the opportunity to participate in decisions. The last of these relates to procedures for involving citizens in administrative decision-making. The purpose of the article is to present normative solutions in Polish law that guarantee citizens participation in decision-making processes at various levels of administration and their systematics. To achieve this goal, the method of legal text analysis was used, which allows us to indicate the existence of many different mechanisms of participation. Their presence in Polish law determines the varying levels of civic influence on public decisions.

The association of specific neuropsychological deficits with capacity to consent to research or treatment

2007 ◽  
Vol 13 (6) ◽  
pp. 1047-1059 ◽  
Author(s):  
BARTON W. PALMER ◽  
GAURI N. SAVLA
Keyword(s):  
Decision Making ◽  
Informed Consent ◽  
Empirical Studies ◽  
A Priori ◽  
Decisional Capacity ◽  
Capacity To Consent ◽  
Significant Relationships ◽  
Decision Making Processes ◽  
Relationship Of ◽  
The Relationship

Informed consent is key to ethical clinical research and treatment, but partially rests on the ability of individual patients or research participants to use disclosed information to make a meaningful choice. Although the construct of decisional capacity emerged from legal and philosophical traditions, several investigators have begun examining the relationship of specific neuropsychological abilities to decisional capacity. This line of research may foster development of better consent procedures, as well as aid in refining the construct of decisional capacity toward a form that better reflects the underlying neurocognitive processes. We conducted a systematic search of the published literature and thereby identified and reviewed 16 published reports of empirical studies that examined the relationship between specific neuropsychological abilities and capacity to consent to research or treatment. Significant relationships between neuropsychological scores and decisional capacity were present across all the reviewed studies. The degree to which specific neuropsychological abilities have particular relevance to decisional capacity remains uncertain, but the existing studies provide a solid basis for a priori hypotheses for future investigations. These ongoing efforts represent an important conceptual and empirical bridge between bioethical, legal, and neuropsychological approaches to understanding meaningful decision-making processes. (JINS, 2007, 13, 1047–1059.)

scholarly journals Subjective Knowledge, Perceived Risk, and Information Search when Purchasing a Franchise: A Comparative Exploration from Australia

2021 ◽  
Vol 14 (8) ◽  
pp. 338
Author(s):  
Peter Balsarini ◽  
Claire Lambert ◽  
Maria M. Ryan ◽  
Martin MacCarthy
Keyword(s):  
Decision Making ◽  
Information Search ◽  
Perceived Risk ◽  
Traditional Approach ◽  
Growth Strategy ◽  
Local Market ◽  
Significant Information ◽  
Subjective Knowledge ◽  
Decision Making Processes ◽  
The Relationship

Franchising has long been a method by which organizations seek to expand and facilitate local market development. However, franchising as a growth strategy can often be hampered by lack of suitable franchisees. To mitigate this shortage, some franchisors have engaged in recruiting franchisees internally from the ranks of their employees in addition to the traditional approach of recruiting franchisees externally. Predominantly franchisees are individuals rather than corporations and thus purchasing a franchise should most commonly be characterized as a consumer acquisition. To explore the relationship between subjective knowledge, perceived risk, and information search behaviors when purchasing a franchise qualitative interviews were conducted with franchisees from the restaurant industry. Half of these respondents were externally recruited having never worked for the franchisor and half were internally recruited having previously been employees of the franchisor. The external recruits expressed a strong desire to own their own business and engaged in extensive decision-making processes with significant information search when purchasing their franchises. Contrastingly, the internal recruits expressed a strong desire to be their own boss and engaged in limited, bordering on habitual decision-making processes with negligible information search when acquiring their franchises. The results reveal that differences in subjective knowledge and perceived risk appear to significantly impact the extent of information search between these two groups. A model of the relationship between subjective knowledge, perceived risk and information search in the purchasing of a franchise is developed that reconciles these findings. The findings also have practical implications for franchisors’ franchisee recruiting efforts which are integral to their capacity to develop local markets.

Understanding the Millennials’ Integrated Ethical Decision-Making Process: Assessing the Relationship Between Personal Values and Cognitive Moral Reasoning

2017 ◽  
Vol 58 (8) ◽  
pp. 1671-1706 ◽  
Author(s):  
James Weber
Keyword(s):  
Decision Making ◽  
Moral Reasoning ◽  
Ethical Decision ◽  
Ethical Decision Making ◽  
Personal Values ◽  
Strong Relationship ◽  
Value Orientations ◽  
Decision Making Processes ◽  
The Relationship ◽  
Cognitive Moral Reasoning

Focusing on millennials, individuals born between 1980 and 2000 and representing the largest generational population in our history, this research seeks to understand their ethical decision-making processes by exploring the distinctive, yet interconnected, theories of personal values and cognitive moral reasoning. Utilizing a decision-making framework introduced in the 1990s, we discover that there is a statistically supported relationship between a millennial’s personal value orientation and stage of cognitive moral reasoning. Moreover, we discover a strong relationship between three of the four value orientations and a corresponding stage of cognitive moral reasoning. The theoretical and practical research implications of our discovery about millennials’ decision making are discussed.

scholarly journals Impact of Consumer Innovativeness on Shopping Styles: A Case-Study of Limkokwing University Students (Botswana)

2013 ◽  
Vol 1 (2) ◽  
pp. 107 ◽  
Author(s):  
Olumide Olasimbo Jaiyeoba ◽  
Frederick Odongo Opeda
Keyword(s):  
Decision Making ◽  
Structural Equation ◽  
Market Segment ◽  
Consumer Decision Making ◽  
Tertiary Institution ◽  
Convenience Sample ◽  
Consumer Innovativeness ◽  
Retail Outlets ◽  
Decision Making Processes ◽  
The Relationship

The unprecedented abundance of choice and retail outlets creates a massive array of choice for consumers most especially students. Innovative consumers are an important market segment. This paper seeks to investigate whether consumers’ innate innovativeness is associated with their shopping styles. Specifically, it aims to explore the relationship between two types of innovativeness (sensory innovativeness and cognitive innovativeness and consumer shopping styles). Indeed, the unprecedented abundance of choice and retail outlets creates a massive array of choice for consumers. Despite these significant changes in the commercial environment, very little is known about the decision making processes of consumers in developing countries, most especially in Botswana. Ostensibly, the paucity of research in this area hinders our understanding of consumer decision making processes. The paper integrates the consumer innovativeness and consumer shopping styles literature. A structural equation model was used to test the relationship between cognitive and sensory innovativeness and various shopping styles. Cognitive innovators are inclined to show shopping styles such as quality consciousness, price consciousness, and confusion by overchoice, while sensory innovators are inclined to have shopping styles such as brand consciousness, fashion consciousness, recreational orientation, impulsive shopping, and brand loyalty/habitual shopping. The research is based on a convenience sample of young consumers in Botswana. The findings of this research would hopefully help managers to develop a deeper insight into product development and marketing. Furthermore, since the youth market in Botswana represents an enormous opportunity for marketers, the paper provides valuable insights into this key market segment. It thus provides new insights into the shopping patterns of consumers who belong to different innovativeness types. It also makes a new contribution to the shopping styles literature by explicating potential antecedents to the various shopping styles among the largest private tertiary institution students in Botswana.

scholarly journals Kilka uwag o responsywności prawa podatkowego na przykładzie urzędowych interpretacji prawa podatkowego

2019 ◽  
Author(s):  
Jarosław Kola ◽  
Przemysław Pest
Keyword(s):  
Social Relationships ◽  
Legal System ◽  
Law And Society ◽  
Tax Law ◽  
Tax Administration ◽  
Legal Systems ◽  
Basic Functions ◽  
Three Stages ◽  
The Concept Of Law ◽  
The Relationship

The article is an attempt to look at the development of Polish tax law through the prism of the concept of law development proposed by Ph. Selznick and Ph. Nonet. In the study Law and Society in Transition. Towards Responsive Law they distinguished three stages of evolution of legal systems: repressive, autonomous and responsive. The focus of the article is on the institution of the official interpretation of tax law, because an analysis of the transformation of the legal system allows to capture trends that are present in the development of its individual institutions as well as social relationships among its recipients. By indicating the evolution of official in terpretations of tax law in its two basic functions – those of informing and those of guaranteeing (protective) – the authors point to a wider context of the development of tax law to show whether and how changes in the normative regulation of official interpretations of tax law may affect the shape of the relationship between a tax payer and tax administration, where the perspective of the analysis of demand is the responsiveness of law. An analysis of the regulation of an official interpretation of tax law leads to the conclusion that due to the assigned ratio legis this interpretation must characterise them as corresponding mainly to the autonomous model. At the same time a responsive model of law does not undermine the autonomous model attributes. Thus if we were to accept that the provision of interpretation corresponds to the autonomous model, it would not be possible to note that it also has attributes that make it a responsive model. Irrespective of the fact that there is no element of negotiation, it is based on the interaction between the taxpayer and the tax administration. As part of this interaction, tax administration responds to the reported social need in terms of the ambiguity of law, which de iure – not least because of the possibility of bringing an action against the content of interpretation – takes place in the framework of a communication situation that is free from external coercion.

Caste and the Decline of Political Homogeneity

1973 ◽  
Vol 67 (3) ◽  
pp. 799-816 ◽  
Author(s):  
A. H. Somjee
Keyword(s):  
Decision Making ◽  
Social Organization ◽  
Political System ◽  
Political Socialization ◽  
Urban Community ◽  
Political Dynamics ◽  
The Social ◽  
Social Concerns ◽  
Decision Making Processes ◽  
The Relationship

The relationship between the traditional social organization of India, based on the principle of hierarchy, and the newly introduced democratic institutions and procedures, based on the principle of equality, has been a subject of diverse interpretations. The more significant of these interpretations are that the social organization has subsumed the new political system, and that the various units of social organization, namely, castes, have developed voluntary bodies or caste associations of their own in order to enter into an operative relationship with the new political system. The latter interpretation also implies that the democratic political socialization in India has been taking place by means of the caste associations. This study takes a hard look at such interpretations and points out that the internal cohesion of the social organization materially alters when it moves away from its primary social concerns—ritual, pollution, and endogamy—to nontraditional concerns. This change is reflected in the fact that highly fragmented decision-making processes of castes in nontraditional matters often lead to their substantial vote against candidates of their own castes. Such political differentiation within castes has occurred before the advent of certain caste associations, and in some cases despite them. These and other assertions are substantiated through data collected in a rural and an urban community where fieldwork designed to understand their political dynamics extended over a number of years.

Labour Union Responses to Participation in Employing Organizations

2010 ◽  
Author(s):  
Gregor Gall
Keyword(s):  
Decision Making ◽  
Third Parties ◽  
Employment Relationship ◽  
Decision Making Processes ◽  
The Relationship ◽  
Different Levels

This article provides a multilayered theorization of labour unionism's relationship to participation in order to provide the basis for examining unions' experience of, and response to, participation. This requires an exposition of the broad parameters of the relationship between labour unionism and participation before examining the conceptual implications of these parameters. In doing so, participation is defined broadly as the reality, rhetoric, and aspiration of worker involvement in task determination as well as contributing to higher-level, decision-making processes concerning the employment relationship, enterprise, and markets, whether coming from workers, employers, or states. This then concerns, with varying degrees of depth and breadth, direct and indirect participation at different levels of employing organizations and over an array of subjects. In essence, the focus of the article is on bilateral arenas of engagement between workers and employer representatives that are not formally and conceptually predicated on the involvement of any third parties.

The Postmodern Condition of Law and Societal “Management of Rules”

2006 ◽  
Vol 27 (1) ◽  
Author(s):  
Karl-Heinz Ladeur
Keyword(s):  
Decision Making ◽  
Legal System ◽  
Social Epistemology ◽  
Joint Venture ◽  
Practical Knowledge ◽  
Liberal State ◽  
The Social ◽  
Private And Public ◽  
Evolutionary Step ◽  
The Relationship

SummaryThe last decades have witnessed the appearance of some quite new issues relating to the integration of science into legal decision-making. For a better understanding of the relationship between the normative and cognitive aspects of the decision-making procedure under postmodern conditions of uncertainty, it is necessary to reconstruct the “social epistemology” that consists of the hybrid rules for the management of practical knowledge problems used in the past. In the days of the classical liberal legal system, social knowledge was not a free, spontaneously generated public good, either. It was implied in the practical networks of private production which were the source of “experience”. It was one of the major tasks of the liberal state to systematise, generalise and stabilise this new knowledge base of society, which could be used for both private and public purposes. In a second-order remodelling of this earlier “public-private joint venture”, group-based calculations of probability were integrated into the practice of both private and public types of decision-making, for example, in financial markets or in the construction of public insurances. The emerging paradigm of “social epistemology” in postmodernity is characterised by the requirement to draw upon a more open conception of modelling, designing and experimenting, which makes decision-making more process-oriented, more flexible and more reflexive. This new evolutionary step will again have important consequences for the legal system which has to adapt to more a-centric heterarchical modes of knowledge production. This evolution explains the interest in public-private partnerships and calls for a more proactive public approach to knowledge management.

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