The Role of Bias in Economic Models of Law

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Thomas J. Miceli ◽  
Kathleen Segerson
Keyword(s):  
Behavioral Economics ◽  
Economic Models ◽  
Economic Outcomes ◽  
Sentencing Guidelines ◽  
Criminal Sentencing ◽  
Legal Rules ◽  
The Law ◽  
The Impact ◽  
Judicial Bias

Abstract Behavioral economics has highlighted the impact of various biases on economic outcomes. This essay reviews how biases have been incorporated into economic models of the law and the resulting implications for the assessment of different legal rules and policies. It focuses on two contexts. The first concerns biases that affect consumer purchases of risky products. Using a standard accident model that incorporates various forms of consumer bias, we discuss how bias can affect the efficient assignment of liability for product-related accidents. The second context concerns biases that affect the administration of law, particularly regarding the adjudication of guilt, the lawmaking function of trials, and criminal sentencing. We examine procedural rules like precedent and sentencing guidelines, both of which are aimed at curtailing judicial bias.

Innovation in the Seed Market: The Role of IPRs and Commercialization Rules

2016 ◽  
Vol 14 (1) ◽  
Author(s):  
Marc Baudry ◽  
Adrien Hervouet
Keyword(s):  
Product Differentiation ◽  
Economic Consequences ◽  
Vertical Product Differentiation ◽  
Legal Rules ◽  
Sequential Innovation ◽  
Seed Market ◽  
Second Category ◽  
The Impact ◽  
Compulsory Registration

AbstractThis article deals with the impact of legal rules on incentives in the seeds sector to create new plant varieties. The first category of rules consists in intellectual property rights and is intended to address a problem of sequential innovation and R&D effort. The second category concerns commercial rules that are intended to correct a problem of adverse selection. We propose a dynamic model of market equilibrium with vertical product differentiation that enables us to take into account the economic consequences of imposing either Plant Breeders’ Rights (PBRs) or patents as IPRs and either compulsory registration in a catalog or minimum standards as commercialization rules. The main result is that the combination of catalog registration and PBRs adopted in Europe is hardly supported by the model calibrated on data for wheat in France.

The impact of Political Parties Law no. 36 of 2015 on requlatinq political parties pluralism in Iraq

2021 ◽  
Author(s):  
Kurdistan Saeed
Keyword(s):  
National Identity ◽  
Political Parties ◽  
Legal Framework ◽  
The Political ◽  
Political Opposition ◽  
The Law ◽  
Lack Of Commitment ◽  
The Impact

This study deals with the political parties’ pluralism in Iraq under the Parties Law No. 36 of 2015. The importance of the study lies in the fact that it looks at a topic that is at the heart of democracy and it is necessary for the success of any democratic processes. The study focuses on parties’ pluralism in Iraq since the establishment of the Iraqi state in 1921 until the end of the Baath Party regime in 2003, it also covers the period after 2003 and pays particular attention to the Parties Law No. 36 of 2015. It focuses on the legal framework of political parties after the adoption of the Political Parties Law and studies the impact of this law on parties’ pluralism in Iraq after its approval in 2015. The study concludes that Law No. 36 of 2015 is incapable of regulating parties’ pluralism for reasons including: the lack of commitment by the political parties to the provisions of the law, the inability of the Parties Affairs Department to take measures against parties that violate the law the absence of a strong political opposition that enhances the role of political parties, the association of most Iraqi parties with foreign agendas belonging to neighboring countries, and the fact that the majority of Iraqi parties express ethnic or sectarian orientations at the expense of national identity.

37. Sentencing

2017 ◽  
Author(s):  
Andrew Ashworth ◽  
Julian V. Roberts
Keyword(s):  
Media Coverage ◽  
Sentencing Guidelines ◽  
Race And Gender ◽  
The United Kingdom ◽  
Political Criticism ◽  
Key Issues ◽  
And Gender ◽  
The Uk ◽  
The Impact

Sentencing represents the apex of the criminal process and is the most public stage of the criminal justice system. Controversial sentences attract widespread media coverage, intense public interest, and much public and political criticism. This chapter explores sentencing in the United Kingdom, and draws some conclusions with relevance to other common law jurisdictions. Sentencing has changed greatly in recent years, notably through the introduction of sentencing guidelines in England and Wales, and more recently, Scotland. However, there are still doubts about the fairness and consistency of sentencing practice, not least in the use of imprisonment. Among the key issues to be examined in this chapter are the tendency towards net-widening, the effects of race and gender, the impact of pleading guilty, the use of indeterminate sentences, the rise of mandatory sentences, and the role of the victim in the sentencing process. The chapter begins by outlining the methods by which cases come before the courts for sentencing. It then summarizes the specific sentences available to courts and examines current sentencing patterns, before turning to a more detailed exploration of sentencing guidelines, and of the key issues identified above. The chapter addresses two critical questions: What is sentencing (namely who exerts the power to punish)? Does sentencing in the UK measure up to appropriate standards of fairness and consistency?

Regulation

2020 ◽  
pp. 372-381
Author(s):  
Lawrence Gostin
Keyword(s):  
Public Health ◽  
International Law ◽  
Legal Change ◽  
The Face ◽  
Public Health Officials ◽  
The Law ◽  
The Impact

The objectives of this chapter are to help you understand: the impact of legislation, regulations, and litigation on the public’s health; the powers, duties, and restraints imposed by the law on public health officials; the potential of legal change to improve the public’s health; the role of international law and institutions in securing public health in the face of increasing globalization.

Classification of obligations and the impact of constructivist epistemologies

Legal Studies ◽  
1997 ◽  
Vol 17 (3) ◽  
pp. 448-482 ◽  
Author(s):  
Geoffrey Samuel
Keyword(s):  
Internal Structure ◽  
Legal Knowledge ◽  
The Law ◽  
The Impact ◽  
Epistemological Point ◽  
Legal Classification

In December 1996 Classification of Obligations formed the topic of one of a series of SPTL seminars under the general title of Pressing Problems in the Law. It may, perhaps, be asked quite why classification is a pressing problem, for it is by no means clear from the papers themselves that common lawyers have suddenly become more concerned about the internal structure of the ‘seamless web’. Nevertheless the seminar was a valuable opportunity to reflect upon a subject that is at least a useful vehicle for thinking about legal knowledge. Legal classification, in other words, raises questions of an epistemological nature. The purpose of this present paper is to pursue this epistemological point in an attempt to reveal how classification of symbolic knowledge (legal propositions or rules) hides much deeper issues about the role of non-symbolic knowledge (symmetries, images and isomorphs) in the formulation of legal solutions in the law of obligations.

scholarly journals The Role of Regional Government on Increasing Awareness of Legal Intellectual Property Rights Education and Education Personnel

2018 ◽  
Vol 13 (2) ◽  
pp. 89-97
Author(s):  
Abdul Atsar ◽  
Wahyudin Fitriyana
Keyword(s):  
Intellectual Property ◽  
Local Government ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Regional Government ◽  
Legal Rules ◽  
Education Personnel ◽  
The Impact

This study aims to find out and analyze what factors are causing a lack of awareness of educators and education personnel in Karawang Regency to register intellectual property rights; The impact of not registering the intellectual property rights of educators and education staff in Karawang regency and knowing the efforts made by the local government in increasing the awareness of legal IPR education and education personnel in Karawang Regency. The method in this study is to use an empirical juridical approach. The results of this study indicate that the factors that led to a lack of awareness of educators and education personnel in Karawang Regency to register IPRs were a lack of understanding of educators and education staff about the legal rules of intellectual property rights; Most educators and education personnel do not know what IPR is; Awards for IPR and compliance with IPR laws are still low.Penelitian ini bertujuan untuk mengetahui dan menganalisis faktor-faktor apa yang menyebabkan kurangnya kesadaran pendidik dan tenaga kependidikan di Kabupaten Karawang untuk mendaftarkan hak kekayaan intelektual; Selanjutnya, dianalisis mengenai dampak dari tidak mendaftarkan hak kekayaan intelektual para pendidik dan staf pendidikan di Kabupaten Karawang, serta dimaksudkan juga untuk mengetahui upaya yang dilakukan oleh pemerintah daerah dalam meningkatkan kesadaran hukum pendidik dan tenaga kependidikan tentang Hak Kekayaan Intelektual di Kabupaten Karawang. Penelitian ini menggunakan pendekatan yuridis empiris. Hasil penelitian ini menunjukkan bahwa faktor-faktor yang menyebabkan kurangnya kesadaran pendidik dan tenaga kependidikan di Kabupaten Karawang untuk mendaftarkan Hak Kekayaan Intelektual adalah kurangnya pemahaman pendidik dan staf pendidikan tentang aturan hukum hak kekayaan intelektual; Sebagian besar pendidik dan tenaga kependidikan tidak tahu apa itu Intellectual Property Rights. Selain itu, penghargaan untuk Hak Kekayaan Intelektual dan kepatuhan terhadap hukum Hak Kekayaan Intelektual masih rendah.

Manifestations of History

2017 ◽  
Author(s):  
Philipp Zehmisch
Keyword(s):  
Economic System ◽  
Black Market ◽  
The State ◽  
Politics Of Recognition ◽  
Market Sector ◽  
Freedom Fighters ◽  
The Law ◽  
The Impact ◽  
Historical Legacies

Chapter 5 analyses manifestations of history, that is, concrete historical legacies of power and knowledge in present-day Andaman society. The first section discusses the impact of hegemonic nationalist rhetoric—highlighting the role of bourgeois nationalist freedom fighters incarcerated in the Andamans—on the local sense and perception of history. The first section aims to show how politics of recognition influence the ways in which community actors constitute their present by narrating the subaltern past. The second section focuses on the manifestation of criminality as a crucial relation between the state and the population in the here and now. It shows that Andaman actors construct contemporary identities by referring to the criminal past of convicts deported to the islands; moreover, the institutionalization of criminality within the economic system of the Andaman divides the population into elite actors profiting from the black-market sector and subalterns whose participation in the same system brings them into continuous conflict with the law.

The Role of Rules in the Law of Evidence

2021 ◽  
pp. 69-82
Author(s):  
Frederick Schauer
Keyword(s):  
Common Law ◽  
Legal Systems ◽  
Legal Rules ◽  
European Approach ◽  
The Subject ◽  
The Law ◽  
Law Of Evidence

This chapter starts out with Bentham’s antinomian thesis that rejected the very idea of setting up rules for selecting and evaluating evidence. Bentham believed that factfinding should be governed by epistemically good reasons as a process unconstrained by artificial legal rules. The author observes that most legal systems took up this approach by softening the hard edges of rules (as in common law jurisdictions) and by following the basically free-proof model of factfinding (as in countries that adopted the continental European approach). Yet, he claims that the law of evidence still remains substantially an affair of rules. Why this is the case and whether it should be the case, is the subject of this chapter.

9 SUMMARY This chapter has been concerned with introducing, in some depth, common law/ case law, the second major source of English legal rules discussed in this book. The role of the judiciary in the development of English law has become apparent as the chapter has progressed. This chapter has also indicated the central importance of a careful dissection of the law reports to ensure that the correct aspects of the case are correctly summarised for a case note and further use. Taken together with Chapter 3, the foundations of an indispensable ‘how to’ approach have been laid. It is now appropriate in the next chapter to place this foundation in its European context looking at the law relating to European human rights and fundamental freedoms and the law relating to the European Community. In Chapter 9, three sources of English law (legislation, case law and European Community law) are further developed by being brought together in a case study. 4.10 FURTHER READING As already mentioned in Chapter 3, if you are a law student the ground covered by this chapter will also be covered in English legal system courses and constitutional or public law courses. Coverage of reading cases can be found in the following excellent texts relating to both the theoretical and practical aspects of legal method. • Sychin, C, Legal Method, 1999, London: Sweet & Maxwell, Chapters 7 and 8. • Twining, W and Miers, D, How To Do Things With Rules, 4th edn, 1999, London: Butterworths, Chapters 7 and 8.

2012 ◽  
pp. 126-126
Keyword(s):  
European Community ◽  
Case Law ◽  
Legal Rules ◽  
Legal Method ◽  
English Law ◽  
The Law ◽  
Law Student ◽  
Law Reports
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