270 research outputs found
United in What Diversity?:(Un)Communautaire Reasoning in Applying Competition Law to the Public-Private Divide on Two Sides of the Atlantic
'Complicitous and contestatory': a critical genre approach to reviewing legal education in the global, digital age
In this chapter we describe a discourse framework for understanding the historical development of modern reports into legal education in England and Wales by analysing the textual features of genre markers. We then apply this framework to a specific subset of topoi within such reports, namely the coverage given to digital technologies within legal education. We make three related claims. First, the discourse and rhetorics of reports on legal education has scarcely been analysed in the research literature, and we begin that process here. Second, the culture and context within which digital innovation is reported, analysed and recommended upon in regulatory reports is relatively shallow and ‘theory-lite’. We need to draw sophisticated insights into our understanding of digital in a variety of disciplines and discourses (e.g. media, education and discourse analysis generally), and apply those to legal education. Third, the genre-form of reports on innovation inhibit or constrain our ability to develop imaginative, theory-rich and persuasive accounts of digital cultures for legal education. Our case study has implications not just for law schools, but also and more significantly, for regulators and accreditors
The Functional Approach in Comparative Socio-Legal Research: Reflections Based on a Study of Plural Work Regulation in Australia and Indonesia
This article examines the potential use and limits of Zweigert and Kötz’ classical functional approach in comparative law for an empirical socio-legal research project. The project involves a comparison of the formal labour laws and informal norms and institutions which regulate restaurant work in the cities of Melbourne, Australia and Yogyakarta, Indonesia. The article argues that the functional approach is a necessary but incomplete method for overcoming the many issues of comparability between the two research sites; the method requires both extension of its analytical steps and explicit explanation of its limitations
Introduction: Exploring the Comparative in Socio-Legal Studies
Among the diverse approaches to comparison in socio-legal studies those that employ qualitative research, richness of detail, and attention to context are the focus of this special issue. The Introduction draws on comparative law and social science literature to argue that comparison amongst studies of laws in contexts can follow different trajectories: the comparison may start from an assumption of similarity—in form, purposes, or context—in order to identify significant differences; or it may identify significant similarity across social and cultural divides. What unites many of the projects of comparison undertaken by qualitative empirical researchers is that the points of relevant comparison are identified within the complexity of the empirical studies at hand; and they are allowed to emerge, or change, as the researcher comes to understand the facts and issues more deeply
Legal Cultures, Legal Paradigms and Legal Doctrine: Towards a New Model for Comparative Law
Normative Autonomy and Normative Co-ordination: Declarative Power, Representation, and Mandate
In this paper we provide a formal analysis of the idea of normative co-ordination. We argue that this idea is based on the assumption that agents can achieve flexible co-ordination by conferring normative positions to other agents. These positions include duties, permissions, and powers. In particular, we explain the idea of declarative power, which consists in the capacity of the power-holder of creating normative positions, involving other agents, simply by "proclaiming" such positions. In addition, we account also for the concepts of representation, namely the representative's capacity of acting in the name of his principal, and of mandate, which is the mandatee's duty to act as the mandator has requested. Finally, we show how the framework can be applied to represent the contract-net protocol. Some brief remarks on future research and applications conclude this contribution
Online dispute resolution: an artificial intelligence perspective
Litigation in court is still the main dispute resolution mode. However, given the amount
and characteristics of the new disputes, mostly arising out of electronic contracting, courts are
becoming slower and outdated. Online Dispute Resolution (ODR) recently emerged as a set of
tools and techniques, supported by technology, aimed at facilitating conflict resolution. In this
paper we present a critical evaluation on the use of Artificial Intelligence (AI) based techniques in
ODR. In order to fulfill this goal, we analyze a set of commercial providers (in this case twenty
four) and some research projects (in this circumstance six). Supported by the results so far
achieved, a new approach to deal with the problem of ODR is proposed, in which we take on some
of the problems identified in the current state of the art in linking ODR and AI.The work described in this paper is included in TIARAC - Telematics and
Artificial Intelligence in Alternative Conflict Resolution Project (PTDC/JUR/71354/2006), which
is a research project supported by FCT (Science & Technology Foundation), Portugal. The work
of Davide Carneiro is also supported by a doctoral grant by FCT (SFRH/BD/64890/2009).Acknowledgments. The work described in this paper is included in TIARAC - Telematics and Artificial Intelligence in Alternative Conflict Resolution Project (PTDC/JUR/71354/2006), which is a research project supported by FCT (Science & Technology Foundation), Portugal. The work of Davide Carneiro is also supported by a doctoral grant by FCT (SFRH/BD/64890/2009)
Disappearing Paradigms in Shareholder Protection: Leximetric Evidence for 30 Countries, 1990-2013
Assessing the Long-Run Economic Impact of Labour Law Systems: A Theoretical Reappraisal and Analysis of New Time Series Data
The use of ‘macro’ legal analysis in the understanding and development of global environmental governance
This article examines the manner in which ‘macro’ legal analysis can potentially assist in overcoming some of the issues that are faced in the understanding and development of global environmental governance (GEG). It argues that the analysis of law through separate and distinct disciplines such as environmental law, trade law, corporate law, and human rights law, results in what this article refers to as ‘micro’ legal analysis. As such, it contends that this can have the effect of creating obstacles in the development of coherent and effective legal and policy choices related to the protection of the environment. It illustrates these arguments with examples of practical problems that have arisen from the separation of legal issues in practice and provides the theoretical underpinnings, based on the critique of international lawyers, for the application of ‘macro’ legal analysis. In other words, it argues for a form of analysis that would consider the entire range of relevant legal disciplines in a unitary process. It then provides a methodology for the development and application of ‘macro’ legal analysis in relation to environmental issues. Finally, it considers the potential that this approach could have within the field of GEG and comments on the implications that it could have on the way that lawyers are trained in the future
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