scholarly journals Risks and Uncertainties of Scientific Innovations in French Liability Law: Between Radical Departure and Continuity

2014 ◽  
Vol 59 (4) ◽  
pp. 889-912
Author(s):  
Etienne Vergès
Keyword(s):  
Nineteenth Century ◽  
Technological Innovation ◽  
Science And Technology ◽  
Civil Liability ◽  
French Law ◽  
Liability Law ◽  
Legal Innovation ◽  
The Law ◽  
The Impact ◽  
Scientific Innovations

The author investigates changes in French liability law that have occurred since the end of the nineteenth century as a result of innovation in science and technology and, in particular, of the risks and uncertainties attached to this phenomenon. This text explores the extent to which scientific and technological innovation has influenced legal innovation in the field of civil liability. The author seeks to address whether science- and technology-based legal developments resulted in radical departures from the general principles of civil liability, or rather take place within a continued evolution of the law. This study demonstrates that the impact of scientific and technological innovation on liability is ambivalent; changes in the French law of civil liability have constituted both a radical departure and a continuity of orthodox practice.

The Law of Tort

2018 ◽  
Author(s):  
Eva Steiner
Keyword(s):  
Civil Liability ◽  
French Law ◽  
The Law ◽  
Broad Approach ◽  
The Way

This chapter examines the French law of tort. Although French law takes a broad approach to civil liability, when looking more closely at the way in which French judges have dealt with claims in tort, it becomes apparent that the need to avoid extending the scope of civil liability to an unlimited extent has also been present in French law. Indeed, in order to achieve desirable results, French judges have on many occasions used their discretion to interpret restrictively the elastic concepts of fault, damage, and causation. Hence, they end up dismissing claims which, for policy reasons, would have created unjust results or would have opened the gates to a flood of new claims. Thus, even though French judges do not admit to it openly in their judgments, they are influenced as regards the matter of deciding the limits of liability by general policy considerations, especially the ‘floodgates arguments’ which their English counterparts also readily understand.

Product Liability

2020 ◽  
Author(s):  
Fairgrieve Duncan ◽  
Richard Goldberg
Keyword(s):  
Strict Liability ◽  
Product Liability ◽  
Case Law ◽  
The European Union ◽  
Financial Loss ◽  
Liability Law ◽  
The Usa ◽  
The Law ◽  
The Uk ◽  
The Impact

Product Liability is a recognised authority in the field and covers the product liability laws through which manufacturers, retailers, and others may be held liable to compensate persons who are injured, or who incur financial loss, when the products which they manufacture or sell are defective or not fit for their purpose. Product defects may originate in the production process, be one of design, or be grounded in a failure to issue an adequate warning or directions for safe use and practitioners advising business clients or claimants will find this book provides all the necessary information for practitioners to manage a product liability claim. This new edition has been fully updated to take account of 10 years of development in case law and regulation, and the increasing impact of cross-border and transnational sale of goods. The Court of Justice of the European Union handed down major rulings concerning the Product Liability Directive which affect the application of the Directive and national arrangements and Fairgrieve and Goldberg examines this in detail. For any legal practitioner operating in areas which require knowledge of European product liability law, an understanding of the impact of recent developments is essential and this work is an essential resource for practitioners working on product liability, sale of goods, personal injury and negligence. The work provides comprehensive coverage of the law of negligence as it applies to product liability, of the strict liability provisions of the Consumer Protection Act 1987, and of the EU's Product Liability Directive on which the Act is based. Although the majority of cases involve pharmaceuticals and medical devices, in recent English cases the allegedly defective products have been as diverse as a child's buggy, an All Terrain Vehicle, and even a coffee cup. Many cases are brought as group actions, and the book examines the rights of those who are injured by defective products. As well as considering the perspective of the law as it has developed in the UK, this edition contains detailed discussion of case law from other jurisdictions including the USA, Australia, New Zealand, Canada, France and Germany. The coverage in the work is complemented by a full analysis of issues which arise in transnational litigation involving problems of jurisdiction and the choice of laws.

scholarly journals Analysis on the Influencing Factors of Green Technological Innovation Efficiency——Based on the Perspective of the Law Construction and Banking Efficiency

2021 ◽  
Vol 275 ◽  
pp. 02056
Author(s):  
Yuxin Zhang ◽  
Chenghao Sun ◽  
Shuoxin Wang
Keyword(s):  
Technological Innovation ◽  
Technology Innovation ◽  
Legal Protection ◽  
Green Technology ◽  
High Quality ◽  
Banking Efficiency ◽  
Factors Affecting ◽  
The Law ◽  
The Impact ◽  
Law Construction

Based on provincial data from 2010 to 2016, this paper uses regression model to analyze the factors affecting the green technology innovation efficiency and discuss the impact from the perspective of law construction and banking efficiency. The result shows that the law construction significantly improves the green technology innovation efficiency while the banking efficiency has the opposite result. Therefore, it is necessary to optimize financial structure and strengthen the legal protection of technological innovation, and ultimately promote high-quality development.

scholarly journals MANFAAT ANALOGI DALAM HUKUM PIDANA UNTUK MENGATASI KEJAHATAN YANG MENGALAMI MODERNISASI

Yuridika ◽  
2017 ◽  
Vol 31 (2) ◽  
pp. 220
Author(s):  
Aris Hardinanto
Keyword(s):  
Information Technology ◽  
Criminal Law ◽  
Science And Technology ◽  
Criminal Code ◽  
Penal Code ◽  
Left Behind ◽  
The Law ◽  
The Difference ◽  
The Times ◽  
The Impact

The development of information technology and bring a significant impact on the development of society and the law. In the field of criminal law, appear various types of crimes recently that never existed in the laws of criminal law (CRIMINAL CODE), because by the framers, haven't gotten around to think about before. The consequences are many terms in the PENAL CODE which, if interpreted narrowly made the CRIMINAL CODE left behind by the times. To overcome stiffness in interpreting CRIMINAL CODE, then the judge is given the authority to interpret broadly known by the method of interpretation of the law. Methods of interpretation of law in the criminal law is a method of grammatical interpretation, history, teleologis, systematic, and extensive or restrikif. Legal scholars have different opinions on the interpretation of the extensive and analogy. Some legal scholars distinguish but there are who equate. The difference of views as well as to be whether the analogy application of analogy in the criminal law. The analogy has a benefit as solution addressing the stiffness of judges in interpreting the provision in the Criminal Code which have not had time unthinkable by the framers of the CRIMINAL CODE as the impact of the development of science and technology.

scholarly journals Research on the Impact of Digital Financial Inclusion on R&D Innovation

2021 ◽  
Vol 275 ◽  
pp. 01017
Author(s):  
Mingyue Sun ◽  
Jing Xu ◽  
Haoyue Tang ◽  
Zishuai Zu
Keyword(s):  
Technological Innovation ◽  
Financial Services ◽  
Science And Technology ◽  
Fixed Effect Model ◽  
Industrial Enterprises ◽  
Disruptive Technologies ◽  
Blockchain Technology ◽  
Effect Model ◽  
The Impact ◽  
Financial Technology

Based on the panel data of China’s provinces from 2011 to 2019, this paper studies the impact of financial science and technology on scientific and technological innovation through fixed effect model. The empirical results show that scientific and technological innovation has a positive correlation with the Inclusive Financing index, indicating that the development of scientific and technological innovation will promote financial science and technology. The R&D expenditure of industrial enterprises has a negative correlation with the Inclusive Financing Index, which shows that during the period of 2011-2019 in China, the research expenditure of enterprises does not affect financial technology, because the technology involved in financial technology has the characteristics of fast updating and iteration, cross-border and mixed operation, which is the superposition and integration of cutting-edge disruptive technologies such as big data, artificial intelligence and blockchain technology with traditional financial services and scenarios. Finally, some suggestions are put forward for the development of financial science and technology.

Reading Stratigraphical Woodscapes in Thomas Hardy's The Woodlanders

2017 ◽  
Vol 7 (3) ◽  
pp. 210-223
Author(s):  
Anna Burton
Keyword(s):  
Nineteenth Century ◽  
Local History ◽  
Space And Time ◽  
Eighteenth And Nineteenth Centuries ◽  
Geological Work ◽  
Gideon Mantell ◽  
Modes Of Thought ◽  
The Impact ◽  
Visual Cultures

In The Woodlanders (1887), Hardy uses the texture of Hintock woodlands as more than description: it is a terrain of personal association and local history, a text to be negotiated in order to comprehend the narrative trajectory. However, upon closer analysis of these arboreal environs, it is evident that these woodscapes are simultaneously self-contained and multi-layered in space and time. This essay proposes that through this complex topographical construction, Hardy invites the reader to read this text within a physical and notional stratigraphical framework. This framework shares similarities with William Gilpin's picturesque viewpoint and the geological work of Gideon Mantell: two modes of vision that changed the observation of landscape in the eighteenth and nineteenth centuries. This comparative discussion at once reviews the perception of the arboreal prospect in nineteenth-century literary and visual cultures, and also questions the impact of these modes of thought on the woodscapes of The Woodlanders.

Introduction

2017 ◽  
Author(s):  
George E. Dutton
Keyword(s):  
Nineteenth Century ◽  
Vantage Point ◽  
15Th Century ◽  
The World ◽  
Catholic Mission ◽  
Historical Moment ◽  
The Impact ◽  
Main Figure

This chapter introduces the book’s main figure and situates him within the historical moment from which he emerges. It shows the degree to which global geographies shaped the European Catholic mission project. It describes the impact of the Padroado system that divided the world for evangelism between the Spanish and Portuguese crowns in the 15th century. It also argues that European clerics were drawing lines on Asian lands even before colonial regimes were established in the nineteenth century, suggesting that these earlier mapping projects were also extremely significant in shaping the lives of people in Asia. I argue for the value of telling this story from the vantage point of a Vietnamese Catholic, and thus restoring agency to a population often obscured by the lives of European missionaries.

Second Looks at Sentences under the First Step Act

2019 ◽  
Vol 32 (2) ◽  
pp. 76-85
Author(s):  
Sarah French Russell
Keyword(s):  
Sentence Length ◽  
Sentencing Decisions ◽  
Second Look ◽  
The People ◽  
The Law ◽  
Supervised Release ◽  
Federal Prisoners ◽  
Federal Judges ◽  
The Impact

Under the First Step Act of 2018, federal prisoners may now petition courts directly for reduction of their sentences, and judges may grant such requests if “extraordinary and compelling reasons” support reduction. Judges are also in the process of imposing reduced sentences in thousands of cases where the First Step Act has retroactively reduced statutory penalties. Not only does the First Step Act offer prisoners new opportunities for sentence reduction, but the law also may change how federal judges understand the impact of their sentencing decisions. Before now, in federal cases, judges rarely had the chance to take a second look at the prison sentences they (or their colleagues) imposed. Encounters between judges and the people they sentenced typically occurred only if a person violated the terms of supervised release after leaving prison. Now, judges can reassess sentence length while someone is still in prison and evaluate whether a reduction in the sentence is warranted. This newfound power allows judges to see their sentencing decisions in a new light and may influence how they conceive of the prison time they impose in future cases.

Liszt at the Piano: The Impact of Iconography on mid-Nineteenth Century Musicology

2014 ◽  
Vol 55 (1-2) ◽  
pp. 131-144
Author(s):  
Suzanne Marie Francis
Keyword(s):  
Nineteenth Century ◽  
Music History ◽  
Collective Identities ◽  
Cultural Contexts ◽  
Maximum Benefit ◽  
Starting Point ◽  
The Social ◽  
Iconic Status ◽  
The Impact

By the time of his death in 1827, the image of Beethoven as we recognise him today was firmly fixed in the minds of his contemporaries, and the career of Liszt was beginning to flower into that of the virtuosic performer he would be recognised as by the end of the 1830s. By analysing the seminal artwork Liszt at the Piano of 1840 by Josef Danhauser, we can see how a seemingly unremarkable head-and-shoulders bust of Beethoven in fact holds the key to unlocking the layers of commentary on both Liszt and Beethoven beneath the surface of the image. Taking the analysis by Alessandra Comini as a starting point, this paper will look deeper into the subtle connections discernible between the protagonists of the picture. These reveal how the collective identities of the artist and his painted assembly contribute directly to Beethoven’s already iconic status within music history around 1840 and reflect the reception of Liszt at this time. Set against the background of Romanticism predominant in the social and cultural contexts of the mid 1800s, it becomes apparent that it is no longer enough to look at a picture of a composer or performer in isolation to understand its impact on the construction of an overall identity. Each image must be viewed in relation to those that preceded and came after it to gain the maximum benefit from what it can tell us.

The Africanisation Of South African Civil Procedure: The Way Forward

2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Fawzia Cassim ◽  
Nomulelo Queen Mabeka
Keyword(s):  
Common Law ◽  
Civil Procedure ◽  
African Culture ◽  
Legal Proceedings ◽  
Seventeenth Amendment ◽  
Procedural Law ◽  
Lower Courts ◽  
The Law ◽  
Court Proceedings ◽  
The Impact

Civil procedure enforces the rules and provisions of civil law.  The law of civil procedure involves the issuing, service and filing of documents to initiate court proceedings in the superior courts and lower courts. Indeed, notice of legal proceedings is given to every person to ensure compliance with the audi alteram partem maxim (“hear the other side”). There are various rules and legislation that regulate these court proceedings such as inter alia, the Superior Courts Act, 2013, Uniform Rules of Court, Constitution Seventeenth Amendment Act, 2012 and the Magistrates’ Courts Act of 1944. The rules of court are binding on a court by virtue of their nature.  The purpose of these rules is to facilitate inexpensive and efficient legislation. However, civil procedure does not only depend on statutory provisions and the rules of court.  Common law also plays a role. Superior Courts are said to exercise inherent jurisdiction in that its jurisdiction is derived from common law.  It is noteworthy that whilst our rules of court and statutes are largely based on the English law, Roman-Dutch law also has an impact on our procedural law. The question thus arises, how can our law of civil procedure transform to accommodate elements of Africanisation as we are part and parcel of the African continent/diaspora? In this regard, the article examines the origins of Western-based civil procedure, our formal court systems, the impact of the Constitution on traditional civil procedure, the use of dispute resolution mechanisms in Western legal systems and African culture, an overview of the Traditional Courts Bill of 2012 and the advent of the Traditional Courts Bill of 2017. The article also examines how the contentious Traditional Courts Bills of 2012 and 2017 will transform or complement the law of civil procedure and apply in practice once it is passed into law.

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