scholarly journals Análise Econômica do Direito, Incidente de Resolução de Demandas Repetitivas e Juizados Especiais

2021 ◽  
Vol 13 (13) ◽  
pp. 319-339
Author(s):  
Cíntia Fernanda de Abreu Melo ◽  
Leandro Lyra Braga Dognini
Keyword(s):  
Statistical Analysis ◽  
Law And Economics ◽  
Theoretical Framework ◽  
Civil Procedure ◽  
Substantial Improvement ◽  
Civil Litigation ◽  
Access To Justice ◽  
National Council ◽  
Promising Solution

The Code of Civil Procedure (CPC, in portuguese, Código de Processo Civil) of 2015 gave greater prominence to precedents as a mechanism for rationalizing jurisdictional activity. In a context of expansion of civil litigation, the aim of this article is to assess, adopting the Law and Economics (AED, in portuguese, Análise Econômica do Direito) theoretical framework, the role of judicial precedents in the search for a more complete, stable and isonomic system. In this sense, the repetitive demands resolution incident (IRDR, in portuguese, Incidente de Resolução de Demandas Repetitivas) stands out as an institute that aims to propose a solution to mass demands based on the same question of law. The hypothesis that arises is that the effectiveness of the jurisdictional provision of the special courts is subject to substantial improvement with the application of the IRDR, passing through the analysis regarding the constitutionality of such an incident, and, if constitutional, what would be the proper procedure, since the CPC essentially turns to the incident in the courts. The methodology is based on the theoretical references of AED, conforming to precedents, IRDR and special courts, in line with the statistical analysis provided by National Council of Justice (CNJ, in portuguese, Conselho Nacional de Justiça). The results achieved demonstrate that special courts respond for significant number of new processes that enter the Judiciary, following the primacy of access to justice, with the model developed by Mendes and Romano Neto being a promising solution to the application of the IRDR in such jurisdictional sphere.

Nomophilacy and Beyond

2015 ◽  
Vol 2 (4) ◽  
pp. 281-315
Author(s):  
Giorgio Fabio Colombo
Keyword(s):  
Civil Law ◽  
Comparative Law ◽  
Civil Procedure ◽  
Civil Litigation ◽  
Access To Justice ◽  
Legal Systems ◽  
Stare Decisis ◽  
Supreme Courts ◽  
Institutional Approach

The issue of how civil law jurisdictions rely on precedents in the absence of a firm stare decisis rule is one of the most debated topics in comparative law. While most studies focus on the convergence of legal systems and/or rely on socio-legal reflections, this paper employs an institutional approach based on the comparison of the supreme courts of Italy and Japan, two civil law countries that share many similarities in history, perceptions of the civil litigation system, and eventual drift towards a quasi-precedential model. The study tries to demonstrate that even when there are no formally binding precedents, technical, procedural rules make supreme courts’ decisions fundamental for the formation of norms. The analysis highlights the different weight each factor (i.e. structure and functioning of the supreme courts, reforms in civil procedure, access to justice) and actor (i.e. judges, scholars) has in the formation and application of precedents in Italy and Japan.

The role of the judge in civil litigation in the 19th century: Case-management avant la lettre in Geneva, The Netherlands and Belgium

2007 ◽  
Vol 75 (2) ◽  
pp. 189-198
Author(s):  
C.H. van Rhee
Keyword(s):  
The Netherlands ◽  
Case Management ◽  
Present Article ◽  
19Th Century ◽  
Civil Procedure ◽  
Civil Litigation ◽  
Party Autonomy ◽  
Draft Code ◽  
The 19Th Century

AbstractThe present article discusses the powers of the judge in civil litigation in three jurisdictions that have been influenced by the French Code of Civil Procedure (1806). It shows that in the 19th century these jurisdictions adopted French law but at the same time tried to reduce party autonomy by increasing the judge's directive powers. This approach was most successful in Geneva. In The Netherlands, changes in the judge's position were less pronounced, whereas a 19th century Belgian draft code, which contained a number of measures that would have increased the judge's case-management powers, was not adopted in practice.

scholarly journals ELI-UNIDROIT MODEL EUROPEAN RULES OF CIVIL PROCEDURE

2021 ◽  
pp. 24-29
Author(s):  
I. Izarova
Keyword(s):  
Dispute Settlement ◽  
Civil Procedure ◽  
Access To Justice ◽  
Eu Member States ◽  
Procedural Law ◽  
Civil Proceedings ◽  
Court Proceedings ◽  
Principle Of Proportionality ◽  
Further Development

This article provides a general analysis of the Model European Rules of Civil Procedure established in 2020 (hereinafter – the Rules). It describes their structure, defines the purpose and goals, main principles. The author comes to the conclusions regarding the role and importance of these Rules for the further development of civil proceedings, both in the EU Member States and in other countries, in particular, in Ukraine. The important role of the unification of the terminology of civil procedure is identified. In particular, we are talking about such specific institutions of civil procedural law as the principle of cooperation between a judge and parties, the principle of settlement, case management and others, which are absent in Ukrainian national legislation, nevertheless, very important for the scholar research. Second, the scope and main principles of the Rules require rethinking of traditional approaches to regulating the relationship between a judge, parties and their representatives, as well as the role of a judge in proceedings, new approaches to the phasing of court proceedings and the differentiation of civil procedure, which should be helpful while further development of the civil procedural legislation in Ukraine. Keywords: access to justice; civil proceedings; dispute settlement; the principle of cooperation between a judge and parties; the principle of proportionality; effective protection of rights.

Networks

2020 ◽  
pp. 534-562
Author(s):  
Matthew O. Jackson ◽  
Brian W. Rogers ◽  
Yves Zenou
Keyword(s):  
Social Networks ◽  
Social Network ◽  
Statistical Analysis ◽  
Labor Markets ◽  
Network Formation ◽  
Labor Market Outcomes ◽  
Negative Consequences ◽  
Social Scientists ◽  
Market Outcomes

What is the role of social networks in driving persistent differences between races and genders in education and labor market outcomes? What is the role of homophily in such differences? Why is such homophily seen even if it ends up with negative consequences in terms of labor markets? This chapter discusses social network analysis from the perspective of economics. The chapter is organized around the theme of externalities: the effects that one’s behavior has on others’ welfare. Externalities underlie the interdependencies that make networks interesting to social scientists. This chapter discusses network formation, as well as interactions between people’s behaviors within a given network, and the implications in a variety of settings. Finally, the chapter highlights some empirical challenges inherent in the statistical analysis of network-based data.

scholarly journals Education in developing countries and reducing maternal mortality: a forgotten piece of the puzzle?

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Vedran Stefanovic
Keyword(s):  
Developing Countries ◽  
Maternal Mortality ◽  
Meta Analysis ◽  
Perinatal Care ◽  
Substantial Improvement ◽  
Global Strategy ◽  
Perinatal Medicine ◽  
Technological Advances ◽  
Women's Role

Abstract Despite substantial improvement in reducing maternal mortality during the recent decades, we constantly face tragic fact that maternal mortality (especially preventable deaths) is still unacceptably too high, particularly in the developing countries, where 99% of all maternal deaths worldwide occur. Poverty, lack of proper statistics, gender inequality, beliefs and corruption-associated poor governmental policies are just few of the reasons why decline in maternal mortality has not been as sharp as it was wished and expected. Education has not yet been fully recognized as the way out of poverty, improvement of women’s role in the society and consequent better perinatal care and consequent lower maternal mortality. Education should be improved on all levels including girls, women and their partners, medical providers, religious and governmental authorities. Teaching the teachers should be also an essential part of global strategy to lower maternal mortality. This paper is mostly a commentary, not a systematic review nor a meta-analysis with the aim to rise attention (again) to the role of different aspects of education in lowering maternal mortality. The International Academy of Perinatal Medicine should play a crucial role in pushing the efforts on this issue as the influential instance that promotes reflection and dialog in perinatal medicine, especially in aspects such as bioethics, the appropriate use of technological advances, and the sociological and humanistic dimensions of this specific problem of huge magnitude. The five concrete steps to achieve these goals are listed and discussed.

Toward a Theoretical Framework of Corporate Social Irresponsibility: Clarifying the Gray Zones Between Responsibility and Irresponsibility

2021 ◽  
pp. 000765032110159
Author(s):  
Cynthia E. Clark ◽  
Marta Riera ◽  
María Iborra
Keyword(s):  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Theoretical Framework ◽  
Conceptual Clarity ◽  
Corporate Social Irresponsibility ◽  
Corporate Social

In this conceptual article, we argue that defining corporate social responsibility (CSR) and corporate social irresponsibility (CSI) as opposite constructs produces a lack of clarity between responsible and irresponsible acts. Furthermore, we contend that the treatment of the CSR and CSI concepts as opposites de-emphasizes the value of CSI as a stand-alone construct. Thus, we reorient the CSI discussion to include multiple aspects that current conceptualizations have not adequately accommodated. We provide an in-depth exploration of how researchers define CSI and both identify and analyze three important gray zones between CSR and CSI: (a) the role of harm and benefit, (b) the role of the actor and intentionality, and (c) the role of rectification. We offer these gray zones as factors contributing to the present lack of conceptual clarity of the term CSI, as a concept in its own right, leading to difficulties that researchers and managers experience in categorizing CSI acts as distinct from CSR.

scholarly journals Negativity and Political Behavior: A Theoretical Framework for the Analysis of Negative Voting in Contemporary Democracies

2021 ◽  
pp. 147892992110001
Author(s):  
Diego Garzia ◽  
Frederico Ferreira da Silva
Keyword(s):  
Public Opinion ◽  
Political Behavior ◽  
Voting Behavior ◽  
Theoretical Framework ◽  
Negative Attitudes ◽  
Affective Component ◽  
Parliamentary Systems ◽  
Recent Developments ◽  
Rational Component

Recent developments in Western societies have motivated a growing consideration of the role of negativity in public opinion and political behavior research. In this article, we review the scant (and largely disconnected) scientific literature on negativity and political behavior, merging contributions from social psychology, public opinion, and electoral research, with a view on developing an integrated theoretical framework for the study of negative voting in contemporary democracies. We highlight that the tendency toward negative voting is driven by three partly overlapping components, namely, (1) an instrumental–rational component characterized by retrospective performance evaluations and rationalization mechanisms, (2) an ideological component grounded on long-lasting political identities, and (3) an affective component, motivated by (negative) attitudes toward parties and candidates. By blueprinting the systematic relationships between negative voting and each of these components in turn, and suggesting multiple research paths, this article aims to stimulate future studies on negative voting in multi-party parliamentary systems to motivate a better understanding of the implications of negativity in voting behavior in contemporary democracies.

scholarly journals Relationships between Final Purchasers and Offerors in the Context of Their Perception by Final Purchasers

Energies ◽  
2021 ◽  
Vol 14 (11) ◽  
pp. 3271
Author(s):  
Agnieszka Izabela Baruk
Keyword(s):  
Factor Analysis ◽  
Statistical Analysis ◽  
World Literature ◽  
Empirical Studies ◽  
Primary Data ◽  
Survey Method ◽  
Chi Square ◽  
Marketing Process ◽  
Research Gap

The aim of this article was to identify the role of good mutual relationships with offerors for final purchasers, as well as define the meaning of the perception of offerors in the scope of listening to purchasers’ opinions and profiting from purchasers’ readiness to cooperate for the specificities of the prosumeric activity. A deep analysis of the world literature was used to prepare the theoretical part of this paper. The results of this analysis confirm the existing cognitive gap and research gap regarding mentioned aspects, including energy market. Empirical studies were conducted to reduce identified gaps. The survey method was used to collect primary data. The collected data were subjected to quantitative analysis, during which statistical analysis methods and tests were applied (Pearson chi-square independence test, V-Cramer factor analysis, Kruskal–Wallis test (KW), and exploratory factor analysis). The results of the statistical analysis and testing allowed the three research hypotheses formulated to be checked. Between the significance of good relationships with offerors and their perception, a statistically significant dependence was identified for all groups of offerors. The perception of offerors was a feature differentiating respondents’ opinions about the significance of good relationships with offerors for the two following groups: producers and traders. Additionally, the perception of offerors was a feature differentiating forms of prosumeric activity of respondents only for three interpurchase behaviors. The results obtained have a visible cognitive and applicability value. They contribute to the theory of marketing, as well as possibly facilitating the formation of good mutual relationships between offerors (including offerors of energy) and final purchasers as key partners cooperating with offerors in the marketing process. The approach presented in this paper has not been studied and analyzed so far, either in theoretical or in practical terms. This fact confirms its originality and value.

scholarly journals 321 Role of Antibiotics in Acute uncomplicated diverticulitis, A Systematic Review and Meta-Analysis

2021 ◽  
Vol 108 (Supplement_2) ◽  
Author(s):  
A A Tahir ◽  
K M Ali ◽  
A U Khan ◽  
S Kamal ◽  
A Hussain ◽  
...  
Keyword(s):  
Systematic Review ◽  
Statistical Analysis ◽  
Treatment Failure ◽  
Hospital Stay ◽  
Meta Analysis ◽  
Dietary Advice ◽  
Duration Of Hospital Stay ◽  
Uncomplicated Diverticulitis ◽  
Acute Uncomplicated Diverticulitis

Abstract Introduction Diverticular disease is a common health problem with a wide clinical spectrum. About 75% of the patients would have uncomplicated diverticulitis. Cornerstones of treatment are antibiotics, analgesia, and dietary advice. Recent evidence has shown that its treatment is controversial, questioning the use of antibiotics. Aim is to assess the role of antibiotics in the treatment of acute uncomplicated diverticulitis. Method This is a systematic review and Meta-analysis. Literature review of the available studies was conducted using search engines like Pubmed, Medline, Embase, Google Scholar, and Cochrane databases. Statistical analysis was conducted using RevMan5.4. Results Out of 1754 records 1324 were duplicates, 430 studies were screened. 395 were further excluded.35 full text articles were assessed and in the final review 10 studies were included. PRISMA guidelines were used. Pooled OR for recurrence = 0.92 (95% CI = 0.74 to 1.13). Pooled OR for Hospital stay= -0.66 (95% CI= -1.12 to -0.21). Pooled OR for complications = 1.06 (95% CI = 0.69 to 1.64). Pooled OR for treatment failure= 1.24 (95% CI = 0.90-1.69). Conclusions We conclude that from the available evidence antibiotics have no role in reducing recurrence, complications, treatment failure, and duration of hospital stay in acute uncomplicated diverticulitis.

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