scholarly journals Cultural Dimensions Of Legal Discourse

2014 ◽  
Vol 38 (1) ◽  
pp. 189-196 ◽  
Author(s):  
Halina Sierocka

Abstract Despite the intention for precision and accuracy, legal discourse is oftentimes complex, archaic and ambiguous - which gives rise to contentious interpretation. Moreover, little or no attention is paid to the cultural dimension of legal discourse, which plays a critical role in the translation and interpretation of legal texts, as well as in the application of law. This paper endeavours to illustrate the impact the culture, or, more precisely, legal culture has on the way legal texts are construed or translated and to present problems which arise in the interpretation, translation and application of law as a result of cultural diversities

2018 ◽  
Vol 14 (1) ◽  
pp. 7-21 ◽  
Author(s):  
Simona Alfiero ◽  
Massimo Cane ◽  
Ruggiero Doronzo ◽  
Alfredo Esposito

This research, based on stakeholder theory and the national cultural dimensions, aims to test the influence of foreigners on board and its size on Integrated Reporting (IR) practices. The analysis is based on a sample of 1,058 European companies from 18 different countries, who adopted or not the IR for the year 2015, and it relies on a Logit. The dependent variable is a dummy (presenting or not the IR) and the independent variables are represented by the board characteristics (foreigners and size). The impact of the critical mass on the presence of foreigners and the cultural dimension on the basis of directors’ nationality was tested relying on the masculinity/femininity dimension of Hofstede. Besides, the directors’ country of origin was considered, namely if they belong to the major European countries presenting a wider IR diffusion. The relationship between foreigners on board and IR is found to be negative. This means that companies with at least one foreigner are less inclined to adopt IR. The results show that the boards with more of three foreign administrators have a major propensity to adopt the IR. The membership of the directors in countries with a feminist culture also has a positive effect.


2019 ◽  
Vol 23 (1) ◽  
pp. 65-84 ◽  
Author(s):  
Jason D. DeBode ◽  
Dana L. Haggard ◽  
K. Stephen Haggard

Purpose The purpose of this paper is to investigate the influence of broad cultural dimensions, as well as those of religion and legal origin, on countries’ economic freedom, i.e., trade freedom, investment freedom, business freedom, labor freedom, monetary freedom, as well as a composite measure of economic freedom. Design/methodology/approach Linear regression of publicly available data regarding economic freedom (Miller et al., 2018) on cultural dimensions (Hofstede, 2009), legal origin and religion (LaPorta et al., 1999) for 52 countries was performed to determine the impact of these factors on economic freedom. Findings Results indicated femininity was the cultural dimension associated with the most measures of economic freedom. Short-term-oriented cultures were predictive of greater business freedom, while more restrained cultures were associated with greater business and monetary freedoms. Higher individualism was predictive of greater monetary freedom. Catholicism positively predicted investment freedom and negatively predicted business freedom. French civil law negatively predicted labor freedom, while socialist legal origins positively predicted trade freedom, but negatively predicted business freedom. Originality/value This is the first study to examine the impacts of culture, law and religion on economic freedom. One practical implication of this research is that countries would be wise to emphasize more feminine aspects in their cultures, as these are associated with greater economic freedom. Even minor adjustments that move in the direction of cooperation and fair processes might help increase economic freedoms and the many benefits that stem from such freedoms.


2018 ◽  
Vol 14 (17) ◽  
pp. 214
Author(s):  
Benali Idrissi Ouiame ◽  
Chafik Khalid ◽  
Boubker Omar

The behavioural intention to accept information system technologies remains an interesting research field for information system management specialists and researchers. However, the cultural dimension has rarely been treated by researchers in the healthcare context. This paper focuses on identifying the impact of national culture on users’ intention to accept the Hospital Information System in public healthcare establishments in Morocco. Thus, we propose a research model which is based on a strong literature review, taking into consideration the previous studies’ recommendations and limitations. The proposed model was developed through the extension of the Technology Acceptance Model (TAM) (Davis, 1989), by Hofstede’s cultural dimensions.


2016 ◽  
pp. 27
Author(s):  
Esti Zaduqisti

The current study aims to examine the impact of cultural dimensions (i.e., collectivism, power distance, uncertainty avoidance, and masculinity) on students’ attitude towards problem-based learning. The design of the current study was a correlational survey, wherein participants were recruited by means of a convenient sampling. Inspection of a multiple regression analysis (N = 549) revealed that collectivism and masculinity positively corresponded with the attitudes. In particular, we found that that the higher the level of collectivism and masculinity, the more students supported the implementation of problem-based learning. In contrast, uncertainty avoidance was negatively related to the attitude in such a way that the higher this cultural dimension, the less students supported problem-based learning. Power distance was the only predictor that did not significantly predict students’ attitude towards problem-based learning. These findings overall suggest the importance of taking into account the characteristics of norms and values people hold within a country that might contribute to the success, feasibility, and  suitability of problem-based learning. Theoretical implications and study limitations of the current findings are discussed, as are practical strategies highlighting on how to deal with cultural potentials and pitfalls in an attempt to promote problem-based learning.


2018 ◽  
Vol 53 (2) ◽  
pp. 186-214 ◽  
Author(s):  
Carsten Deckert ◽  
Rahel M. Schomaker

National innovativeness is one key driver of economic development. The relation of national innovativeness and national culture has been firmly established by research. Cultural factors, however, influence national innovativeness via different mechanisms on the macro-, meso-, and micro-level of a country. In our article, we build on existing research on the link between cultural dimensions and national innovativeness to develop a new model that classifies different cultural dimensions in groups according to their mechanism: political, social, or individual (PSI-model). Using a newly established data set composed of world data, we test and find support for this model using a variety of regression models. The PSI-model provides a more structured theoretical background of the impact of different cultural dimensions on national innovativeness, especially with regard to social practices and social values. It can be used to generate policy recommendations on national innovativeness and offers further applications in fields related to the various impacts of national culture.


Author(s):  
Mihail Voronin ◽  
Lilia Moiseenko ◽  
Tat'yana Uskova ◽  
Mariya Vikulina

The purpose of the research. The research is aimed at identifying characteristic features, types and components of legal consciousness, the elements of its structure and its functions which help to realize legal attitudes in different legal situations from the point of view of Russian and Anglo-American law. The authors point out the influence of legal stereotypes and attitudes on the formation of an individual’s legal consciousness. Another element closely connected with the concept of legal consciousness is legal literacy, which helps an individual to socialize. Having analyzed the differences between the approaches to the concepts of legal literacy in Russian and Anglo-American legal culture the authors hold an opinion that legal literacy directly depends on the possibilities an individual has to obtain information about his legal rights and duties. Lack of such knowledge leads to negative legal consequences. Conclusions: The results of the study showed that in order to increase legal literacy it is necessary to form «positive» legal stereotypes and attitudes. One of the ways to succeed in it may be studying, analysis and discussion of legal texts in a foreign language. Such approach is used at Moscow State Linguistic University for the training of law students. Methodology and technique of the study. During the study of the concepts of «legal awareness» and «legal literacy», their formation and application by members of the legal profession and non-lawyers, the authors of the study used such generally recognized methods as general philosophical (dialectic, system method, analysis). In addition, a comparative analysis was made of the concepts studied in the Russian and Anglo-American legal culture. The article also presents the results of a survey of undergraduate students, which made it possible to assess the impact of the study of legal texts in a foreign language on the formation of legal stereotypes and attitudes.


Author(s):  
Gözde Seval Ergün ◽  
Olgun Kitapci

Purpose The study was carried out to better understand the behaviour of tourists from different cultures and backgrounds, and to provide strategic solutions for tourism managers. The purpose of this study was to determine the relationships between the cultural dimensions of Hofstede and customer complaint behaviours. Design/methodology/approach Exploratory factor analyses were carried out separately for national culture and complaint behaviour scales and the factor structuring was then tested using a confirmatory factor analysis. Structural equation modelling (SEM) was used to test theoretical correlations and a conceptual model was created to put forward the correlations between national cultural dimensions and complaint behaviours, as well as to examine the impact of variation in one dimension on the other. Findings Significant correlations were observed between power distance and both public action and no action behaviours, uncertainty avoidance and public action and private action, as well as individualism/collectivism and public action. Research limitations/implications The sample population of the study included foreign tourists visiting Manavgat district in 2015. Manavgat as a destination is preferred by foreign tourists, rather than domestic tourists. In addition, many accommodations in the region only host guests from particular nationalities. For this reason, domestic tourists were not included in the survey. A limitation of the research is the fact that it focused only on hotel management. Extending the scope of the study in future research—the study could be carried out for a wider area and include other sectors—would increase the effectiveness of the study. Practical implications The results shed light on the fact that customers perform different complaint behaviours depending on variation in national cultural dimensions. In this context, the findings contribute to the hotel management literature and to the development of management strategies such as staff training, effective complaint solution methods, increasing customer complaints, using indirect resources effectively and decreasing the cost of solutions. The research also aims to create awareness in hotel managers by highlighting the importance of this issue. Originality/value In many of the studies where customer complaint behaviour and culture are analysed together, culture is regarded primarily as a geographical region, or as ethnical origin. Using Hofstede’s national cultural dimension scale, and taking into consideration all the national cultural dimensions, adds originality to this research. This study is one of the first to explore the impact of cultural dimensions on customer complaint behaviours in Turkey. This is also one of the first studies on complaint behaviour in the hotel industry.


2018 ◽  
Vol 2 (2) ◽  
pp. 93-103
Author(s):  
Milena Korycka-Zirk

The notion of the constitutionalisation of law is the basis of analysis in modern democratic legal systems. The constitution influences the application of law and the constitutional method is the main approach that describes this process. The constitutionalisation of law should be understood in a broader sense as aspect of legal culture created in the process of interpretation of law reflected by the idea of constitution. The judicial review made by constitutional courts as in Kelsen’s conception or by common courts as in American model must be guided by the idea of maximalisation of human rights support as the element of democratic legal culture. This conception is compatible with the knowledge about constitutional norms and the way they are applied.


Author(s):  
Allah Bakhsh ◽  
Zeeshan Mahmood ◽  
Abu Bakar Mahmood

This paper investigates the impact of various factors associated with the adoption of sustainability assurance. Our objective is to find out the impact of country-level institutional factors (stakeholder orientation, voice and accountability, rule of law, investors’protection and long-term orientation) on sustainability assurance. Extant literature is scarce at country-level and specifically does not address the impact of cultural-orientation on sustainability assurance. This paper fills the gap and focuses on the cultural dimension (long-term orientation) in addition to other country-level institutional factors. Companies listed on the Sustainability Disclosure Database (http://database.globalreporting.org) constitute the population for this study. We filtered companies of large size from sustainability-sensitive industries which produced GRI-based reports in the year 2017. Our final sample comprised 196 companies from 41 countries. Using linear regression model, our results suggest that companies that are located in countries with weaker investor protections, greater rule of law, greater voice and accountability, and long-term orientation are more likely to adopt sustainability assurance whereas companies that are located in stakeholder-oriented countries are less likely to adopt sustainability assurance. This paper contributes to the existing literature by providing empirical evidence of the impact of cultural dimensions on sustainability assurance. Future research can explore other dimensions of culture and their impact on sustainability assurance.


2015 ◽  
Vol 22 (3) ◽  
pp. 509-526 ◽  
Author(s):  
Cristina López-Duarte ◽  
Marta M. Vidal-Suárez ◽  
Belén González-Díaz

Purpose – The purpose of this paper is to study the influence of cultural positions on the choice of entry mode in foreign direct investment (FDI) – joint ventures vs wholly owned subsidiaries. The paper focusses on the impact of cultural positions along four cultural dimensions, as well as on the interactions between these positions and FDI’s contextual variables (i.e. linguistic differences). Design/methodology/approach – A fuzzy set qualitative comparative analysis is performed on a data set of Spanish investments located in the European Union. Findings – Existence of interaction effects among cultural positions along different dimensions, as well as between cultural positions and FDI’s contextual variables. Research limitations/implications – Main limitations relate to the data set, as only FDIS carried out by big corporations and coming from a single country are considered. Practical implications – Managers making decisions on the choice of entry mode must take into account the position relative to each individual cultural dimension, as well as its interaction with other cultural dimensions and FDI’s contextual variables, rather than just considering cultural distances (CDs) between countries. Originality/value – First, focus on cultural positions (rather than CDs). It allows taking into account both the cultural characteristics of each party and their relative values along individual cultural dimensions. Second, development of a qualitative analysis that considers the contextual features of the investment.


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