Shaping Society and Economy by Law – Common Law vs. Civil Law: An »Enlightening« Case Study

Author(s):  
Peter Wendel
Keyword(s):  
2019 ◽  
Vol 9 (2) ◽  
pp. 123
Author(s):  
Rafi Ardiyu Santoso Marsoem ◽  
Aria Farah Mita

Penelitian ini bertujuan untuk menguji dampak adopsi IFRS terhadap prakiraan laba analis dengan law enforcement sebagai variabel pemoderasi. Akurasi dalam prakiraan analis melalui proksi forecast error dan dispersi digunakan untuk mengukur perubahan kualitas laporan keuangan sebelum dan sesudah adopsi IFRS. Legal tradition melalui pengklusteran negara civil law dan common law digunakan untuk memproksikan tingkat law enforcement negara. Berdasarkan hasil pengujian, ditemukan bahwa forecast error dan dispersi menjadi lebih rendah setelah adopsi IFRS. Hal ini mengindikasikan bahwa kualitas pelaporan keuangan menjadi lebih tinggi setelah mengadopsi standar IFRS. Akan tetapi hasil penelitian juga menunjukkan bahwa dampak adopsi IFRS terhadap forecast error dan dispersi di negara-negara dengan law enforcement tinggi, lebih lemah dibanding di negara-negara yang memiliki law enforcement rendah.


2018 ◽  
Vol 20 (1) ◽  
pp. 57-75 ◽  
Author(s):  
Alejandra Díaz Gude ◽  
Iván Navarro Papic

This article explores the question of how to expand restorative justice as a national policy in a country underrepresented by the literature. We maintain that considering legal culture is essential. We identify restorative justice traditions that are characteristic of civil law and common law legal systems, respectively, and compare them with a case study belonging to the former system. We argue that restorative justice practices are shaped by the legal culture, political tradition and criminal justice identity of the system where they develop. We suggest an approach to transferring restorative justice practices based on comparative criminology, restorative justice traditions and legal culture, making a theoretical contribution to the field, as well as having practical implications at the level of public policy design.


Author(s):  
Daniel Berkowitz ◽  
Karen B. Clay

Although political and legal institutions are essential to any nation's economic development, the forces that have shaped these institutions are poorly understood. Drawing on rich evidence about the development of the American states from the mid-nineteenth to the late twentieth century, this book documents the mechanisms through which geographical and historical conditions—such as climate, access to water transportation, and early legal systems—impacted political and judicial institutions and economic growth. The book shows how a state's geography and climate influenced whether elites based their wealth in agriculture or trade. States with more occupationally diverse elites in 1860 had greater levels of political competition in their legislature from 1866 to 2000. The book also examines the effects of early legal systems. Because of their colonial history, thirteen states had an operational civil-law legal system prior to statehood. All of these states except Louisiana would later adopt common law. By the late eighteenth century, the two legal systems differed in their balances of power. In civil-law systems, judiciaries were subordinate to legislatures, whereas in common-law systems, the two were more equal. Former civil-law states and common-law states exhibit persistent differences in the structure of their courts, the retention of judges, and judicial budgets. Moreover, changes in court structures, retention procedures, and budgets occur under very different conditions in civil-law and common-law states. This book illustrates how initial geographical and historical conditions can determine the evolution of political and legal institutions and long-run growth.


2017 ◽  
Vol 17 (2) ◽  
pp. 238-290
Author(s):  
Colm Peter McGrath ◽  
◽  
Helmut Koziol ◽  

Author(s):  
Lionel Smith
Keyword(s):  

This chapter aims to answer the question, “what can the civil law tradition tell us about the New Private Law?” It seeks to do this by offering one civilian's perspective on private law, on U.S. private law, and on the New Private Law. In order to answer that question, it is necessary to say a little bit about what is a civilian perspective, or in other words, what makes a jurist a civilian. This is a question to which many different answers could be given. The chapter then looks at the different perspective that a civilian may have on what is the domain of private law. It also asks what insights the civilian's understanding of the discipline of law may offer to common lawyers. From a civilian perspective, the future of the New Private Law will be interesting indeed.


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