The Sanctioning Power of the ECB: From One to Several Legal Regimes

2021 ◽  
pp. 161-185
Author(s):  
Frédéric Allemand
Keyword(s):  
Legal Regimes

Legal regimes of sea spaces as a factor of economic activity

2016 ◽  
Vol 0 (1-2) ◽  
Author(s):  
Vladymir N. Parsyak ◽  
Kateryna V. Parsyak
Keyword(s):  
Economic Activity ◽  
Legal Regimes

An Experimental Investigation of Auditors' Liability: Implications for Social Welfare and Exploration of Deviations from Theoretical Predictions

2000 ◽  
Vol 75 (4) ◽  
pp. 429-451 ◽  
Author(s):  
Ronald R. King ◽  
Rachel Schwartz
Keyword(s):  
Experimental Investigation ◽  
Social Welfare ◽  
Strict Liability ◽  
Liability Rule ◽  
Optimal Response ◽  
Legal Regimes ◽  
Theoretical Predictions ◽  
Best Responses

This paper reports the results of an experiment designed to investigate how legal regimes affect social welfare. We investigate four legal regimes, each consisting of a liability rule (strict or negligence) and a damage measure (out-of-pocket or independent-of-investment). The results of the experiment are for the most part consistent with the qualitative predictions of Schwartz's (1997) model; however, subjects' actual choices deviate from the point predictions of the model. We explore whether these deviations arise because: (1) subjects form faulty anticipations of their counterparts' actions and/or (2) subjects do not choose the optimal responses given their anticipations. We find that subjects behave differently under the four regimes in terms of anticipation errors and departures from best responses. For example, subjects playing the role of auditors anticipate investments most accurately under the regime with strict liability combined with out-of-pocket damages, but are least likely to choose the optimal response given their anticipations. This finding implies that noneconomic factors likely play a role in determining subjects' choices.

Crime-Preventing Neurointerventions and the Law

2018 ◽  
Author(s):  
Lisa Forsberg
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Sex Offenders ◽  
Ethical Issues ◽  
Medical Law ◽  
Human Rights Law ◽  
Mental Health Legislation ◽  
Different Types ◽  
Legal Regimes ◽  
Health Legislation

Anti-libidinal interventions (ALIs) are a type of crime-preventing neurointervention (CPN) already in use in many jurisdictions. This chapter examines different types of legal regimes under which ALIs might be provided to sex offenders. The types of legal regimes examined are dedicated statutes that directly provide for ALI use, consensual ALI provision under general medical law principles, mental health legislation providing for ALI use (exemplified by the mental health regime in England and Wales), and European human rights law as it pertains to ALI provision. The chapter considers what we might learn from ALIs in respect of likely or possible arrangements for the provision of other CPNs, and draws attention to some ethical issues raised by each of these types of regime, worth keeping in mind when considering arrangements for CPN provision.

Property in Land in Roman Provinces

2018 ◽  
Author(s):  
Georgy Kantor
Keyword(s):  
Local Property ◽  
Legal Tradition ◽  
Technical Literature ◽  
Historical Scholarship ◽  
Property Relations ◽  
Roman Provinces ◽  
Legal Regimes ◽  
The Right ◽  
Property Regimes

Roman concept of dominium has been fundamental in the formation of concepts of ownership in European legal tradition. It is, however, often considered outside the context of Roman imperial rule and of the multiplicity of legal regimes governing property relations in Roman provinces outside Italy. This chapter starts from the classic passage in the Institutes of Gaius, claiming that the right of dominium did not exist in provincial land, where it belonged to the Roman state. Gaius’ statement is often dismissed in modern historical scholarship as a ‘conveyancer’s fantasy’ (A.H.M. Jones). It is argued here that, on the contrary, this passage and other similar statements in Roman juristic literature and technical literature on land-measurement, show an important facet of Roman ideas of ownership as a socially contingent right, dependent on civic status of the owner, status of the territory within the empire, and Roman recognition of local property regimes.

Ruling before the Law: The Politics of Legal Regimes in China and Indonesia by William Hurst

Indonesia ◽  
2020 ◽  
Vol 110 (1) ◽  
pp. 117-120
Author(s):  
Tristam Moeliono
Keyword(s):  
Legal Regimes ◽  
The Law

French Legal Regimes for Digital Labor Platforms

2021 ◽  
Vol 62 ◽  
pp. 47-90
Author(s):  
Im Young JO
Keyword(s):  
Digital Labor ◽  
Legal Regimes

Legal Traditions

2021 ◽  
Author(s):  
Thomas Duve
Keyword(s):  
Indigenous Peoples ◽  
Practical Importance ◽  
Time History ◽  
Social Identities ◽  
Legal Anthropology ◽  
Open Spaces ◽  
The Past ◽  
Legal Traditions ◽  
Legal Discourses ◽  
Legal Regimes

Legal anthropology has to understand and deal with complex and often plural constellations of normative bodies, legal discourses, institutions, and practices. They shape the legal regimes people live in. These legal regimes as well as the ways in which societies operate with legal diversity have developed over time. History has done more than shape the vocabulary and the grammar of each community’s law. The narratives we produce about the past are also used to construct and express individual and social identities. Thus, history and its (re)construction by later generations can impose constraints and limit available options, but also open spaces of negotiation and provide for innovation. Legal regimes of the past are often called ‘legal traditions’. In the last decades, the idea of ‘legal traditions’ has gained considerable practical importance. Especially in former colonial countries, and due to the increasing recognition of the rights of Indigenous Peoples in international and national law, many actors are drawing on history to claim rights and obligations for the present and the future. In a similar manner, some historical legal regimes seem to embody injustice, leading to pleas for the recognition of their unjust character or even for material compensation. The aim of this chapter is to offer some reflections on the concept of ‘legal traditions’ and its role in constructing our identities and shaping our present legal regimes.

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