Research

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19 pages, 341 KiB

Open AccessArticle

Smart Justice in Italy: Cases of Apps Created by Lawyers for Lawyers and Beyond

by

Giampiero Lupo

and

Davide Carnevali

Laws 2022, 11(3), 51; https://doi.org/10.3390/laws11030051 - 19 Jun 2022

Viewed by 2038

Abstract

The smart city literature states that three levels of institutional layers (regulatory, normative, and cognitive) and four typologies of actors (government, universities, citizens, and the private sector) support private initiative for developing smart technologies. Focusing on the emergent phenomenon of smart apps ideated [...] Read more.

The smart city literature states that three levels of institutional layers (regulatory, normative, and cognitive) and four typologies of actors (government, universities, citizens, and the private sector) support private initiative for developing smart technologies. Focusing on the emergent phenomenon of smart apps ideated by lawyers’ private initiatives, this paper acknowledges that other factors, including the ubiquity of mobile technologies and the absence of effective public services provided by public institutions, contribute to the institutional and organizational humus necessary for the creation of intelligent technological proposals. In the light of the organizational theory framework, and based on the analysis of the literature on smart cities and e-justice and on the empirical investigation of two Italian lawyers’ apps (Collega and Anthea), this paper identifies the institutional, organizational, and technological conditions under which smart technologies are being developed in high-regulated public institutions’ contexts as justice systems. The findings of the study described in this paper help integrate the contribution of the literature on the topic. Full article

(This article belongs to the Special Issue 10th Anniversary of Laws — Feature Papers)

8 pages, 191 KiB

Open AccessArticle

The Form and Formation of Constitutionalism in India

by

Paul T. Babie

and

Arvind P. Bhanu

Laws 2022, 11(2), 33; https://doi.org/10.3390/laws11020033 - 07 Apr 2022

Viewed by 4997

Abstract

To allow for the effective functioning of a state, measures are necessary to limit the power of government, securing to the people certain fundamental human rights. These limitations are frequently referred to as ‘constitutionalism’. This essay explores the nature of constitutionalism found in [...] Read more.

To allow for the effective functioning of a state, measures are necessary to limit the power of government, securing to the people certain fundamental human rights. These limitations are frequently referred to as ‘constitutionalism’. This essay explores the nature of constitutionalism found in India, and specifically as it has evolved through judicial interpretation—the process whereby judicial decisions have given meaning and content to the written constitution. In this way, the judiciary has balanced the power of government with the rights of the people. Constitutionalism is indispensable to effective governance, balancing power with right. Full article

(This article belongs to the Special Issue 10th Anniversary of Laws — Feature Papers)

16 pages, 275 KiB

Open AccessArticle

The Judicial Assessment of ‘Expert Evidence’ in the United Kingdom’s Immigration and Asylum Chamber

by

John R. Campbell

Laws 2022, 11(2), 32; https://doi.org/10.3390/laws11020032 - 06 Apr 2022

Cited by 2 | Viewed by 2809

Abstract

This paper examines the role of cultural evidence submitted by anthropologists and social scientists to assist individuals seeking asylum in the United Kingdom. Expert evidence is an essential element in the way that Immigration Judges decide asylum claims. The paper begins by looking [...] Read more.

This paper examines the role of cultural evidence submitted by anthropologists and social scientists to assist individuals seeking asylum in the United Kingdom. Expert evidence is an essential element in the way that Immigration Judges decide asylum claims. The paper begins by looking at the role of experts and the limits of scientific evidence in the legal process. I set out the context in which expert evidence features in the First-Tier Tribunal of United Kingdom’s Immigration and Asylum Chamber (IAC). I then show how Immigration Judges in the Upper Tribunal of the IAC assess expert evidence in ‘country guidance’ cases decided between 2015 and 2019. Analysis reveals that experts submit a range of different types of evidence, that judges problematically assess this evidence and that there are serious defects in the judicial process. I conclude by suggesting ways to mediate between the very different roles, perceptions and training of experts, lawyers and judges. Full article

(This article belongs to the Special Issue 10th Anniversary of Laws — Feature Papers)

22 pages, 366 KiB

Open AccessArticle

Mapping Women’s and Men’s Pathways into Thailand’s Prisons for Homicide and Sex Offences: Utilising a Feminist Pathways Approach

by

Samantha Jeffries

,

Tristan Russell

,

Yodsawadi Thipphayamongkoludom

,

,

,

and

Laws 2022, 11(2), 30; https://doi.org/10.3390/laws11020030 - 31 Mar 2022

Viewed by 3113

Abstract

In feminist criminology, there is a growing body of research exploring pathways to prison, but few studies have specifically sought to map women’s journeys into the criminal justice system for crimes of physical violence and sex offending. Gender comparative research is sparse, and, [...] Read more.

In feminist criminology, there is a growing body of research exploring pathways to prison, but few studies have specifically sought to map women’s journeys into the criminal justice system for crimes of physical violence and sex offending. Gender comparative research is sparse, and, to date, we know little about women and men imprisoned in Thailand for these types of crimes. Subsequently, in this paper, we report findings from a gender comparative feminist pathways study conducted in Thailand, with a specific focus on violence and sex offending; namely, homicide, sexual assault, human trafficking, and sex work-related offences. We utilise a qualitative analysis of life-history interviews to centre and value these women’s and men’s voices, establish their backstories, and thematically map their imprisonment trajectories. Three pathways to prison emerged: (1) lifestyles of contravention, (2) harmed and harming, and (3) destructive masculinity. Utilising the participants’ descriptions, we highlight similarities and variance by gender within and between these pathways. Full article

(This article belongs to the Special Issue 10th Anniversary of Laws — Feature Papers)

13 pages, 254 KiB

Open AccessArticle

Analogy in the Civil Law Assessment of Co-Working Agreements in Russia

by

Viktor A. Mikryukov

Laws 2022, 11(2), 24; https://doi.org/10.3390/laws11020024 - 17 Mar 2022

Viewed by 2601

Abstract

The study’s relevance stems from the wider and more active use of shared workstations and the increasing demand for an adequate civil law assessment of contractual co-working relations. The research goal was to identify and, using the analogy, evaluate possible models of legal [...] Read more.

The study’s relevance stems from the wider and more active use of shared workstations and the increasing demand for an adequate civil law assessment of contractual co-working relations. The research goal was to identify and, using the analogy, evaluate possible models of legal assessment of co-working contracts from the perspective of civil law. The research methods include special technical and legal tools, such as legal modeling, doctrinal civil means of analysis and synthesis, induction and deduction, and generalization. The research identified the theoretical and law enforcement ambiguity in the legal assessment of co-working contracts and the recommendations on the direct and analogic application of existing civil law instruments to solve this problem. The significance of the study includes its potential to promote co-working as an innovative format for organizing business, work activities, and contributing to an overall increase in the efficiency of civil transactions in Russia. The results of the work may be useful not only for Russian actors, but also for actors in those jurisdictions where co-working also does not have a direct civil law enforcement. At the same time, the research focuses on the potential of analogy in overcoming the ambiguity of the legal regime of new economic phenomena and in creating new legal structures. Full article

(This article belongs to the Special Issue 10th Anniversary of Laws — Feature Papers)

14 pages, 301 KiB

Open AccessArticle

Legal Instruments to Support Short Food Supply Chains and Local Food Systems in France

by

Anna Maria Kapała

Laws 2022, 11(2), 21; https://doi.org/10.3390/laws11020021 - 08 Mar 2022

Cited by 6 | Viewed by 3894

Abstract

The aim of the study is to identify legal instruments, implemented in France, supporting short food supply chains and, more generally, local food systems. The research has identified these tools from a variety of domains and levels, including national laws, government policies, and [...] Read more.

The aim of the study is to identify legal instruments, implemented in France, supporting short food supply chains and, more generally, local food systems. The research has identified these tools from a variety of domains and levels, including national laws, government policies, and local government initiatives, and analysed them in relation to various forms of short supply chains present in French territory, which are the key components of local food systems, such as direct marketing, producers’ stores, basket systems, urban agriculture, and deliveries to public catering. Overall, the French instruments are multiple, diverse, mostly innovative, take into account social, environmental, and solidarity values, and can be good examples to follow. Most of them are established at the local level, being thus an expression of new models of local food governance, corresponding to the values of a participative economy and food democracy. Full article

(This article belongs to the Special Issue 10th Anniversary of Laws — Feature Papers)

15 pages, 334 KiB

Open AccessArticle

Genetic Discrimination in Access to Life Insurance: Does Ukrainian Legislation Offer Sufficient Protection against the Adverse Consequences of the Genetic Revolution to Insurance Applicants?

by

Mykhailo Arych

and

Yann Joly

Laws 2022, 11(1), 2; https://doi.org/10.3390/laws11010002 - 29 Dec 2021

Viewed by 3730

Abstract

This paper presents an inter-disciplinary study of the risk for, and protections against, genetic discrimination in access to life insurance in Ukraine. It aims (i) to review questions related to genetic information, health status, and family history currently included in Ukrainian life insurance [...] Read more.

This paper presents an inter-disciplinary study of the risk for, and protections against, genetic discrimination in access to life insurance in Ukraine. It aims (i) to review questions related to genetic information, health status, and family history currently included in Ukrainian life insurance application forms; (ii) to analyze the Ukrainian legislation related to equity and nondiscrimination and to determine whether it provides adequate protection against genetic discrimination (GD). Research findings of our insurance application forms review show that Ukrainian life insurance companies ask broad questions about health and family history that may be perceived by applicants as requiring the disclosure of their genetic information. Our legal analysis shows that today there are no genetic specific law protecting Ukrainians people against GD in insurance. However, Ukrainian human rights legislation provides some protection against multiple grounds of discrimination and given the ratification by Ukraine of the European Convention on Human Rights it is possible that these grounds could be interpreted by tribunals as also including genetic characteristics. As a next step, Ukrainian researchers should develop a survey to obtain much needed data on the incidence and impact of GD in Ukraine. Following this it will be possible for policymakers to better assess whether there is a need for an explicit non-GD law in this country. Such a law would have the benefit of explicitly aligning Ukraine’s legal framework with that of many of its European partners. Full article

(This article belongs to the Special Issue 10th Anniversary of Laws — Feature Papers)

Review

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20 pages, 1002 KiB

Open AccessReview

Direct Digital Services Taxes in Africa and the Canons of Taxation

by

Favourate Y. Mpofu

and

Tankiso Moloi

Laws 2022, 11(4), 57; https://doi.org/10.3390/laws11040057 - 15 Jul 2022

Cited by 6 | Viewed by 5454

Abstract

The unprecedented expansion of the digital economy has increased the intricacy of mobilising tax revenues from both domestic and international transactions. Tax evasion and avoidance are perpetuated by the invisible nature of digital transactions. To minimise the untapped revenues, countries all over the [...] Read more.

The unprecedented expansion of the digital economy has increased the intricacy of mobilising tax revenues from both domestic and international transactions. Tax evasion and avoidance are perpetuated by the invisible nature of digital transactions. To minimise the untapped revenues, countries all over the world are mapping policy strategies on how to collect revenue from this sector. African countries are not an exception. They have constructed digital tax policies to levy both direct and indirect taxes on digital transactions. This paper focuses on direct digital service taxes (DSTs). Direct digital service taxes have been an issue of debate among governments, policy makers, academics, tax bodies, and development organisations. Disagreements coalesce around their structure, their adherence to the canons of taxation, opportunities, and challenges as well as consequences of implementing them. Through a literature review, this paper assesses the legislative structure and administration of digital service taxes in relation to the canons of taxation. The findings of the review were conflicting. While certain aspects, motives, and possible outcomes of the taxes upheld the principles of taxation, some of these were conflicting with the principles. This could possibly be linked to variations in the economic, political, and social contexts in African countries and between developed and developing countries. The study recommends that while digital service taxes are an irrefutable necessity to tap tax revenues from the digital economy, African countries should ensure that equity, neutrality, economy, and efficiency among other principles are considered and balanced with the fundamental roles of tax policy. Full article

(This article belongs to the Special Issue 10th Anniversary of Laws — Feature Papers)

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17 pages, 673 KiB

Open AccessReview

The Conceptual Model of Role Stress and Job Burnout in Judges: The Moderating Role of Career Calling

by

Sandra Patrícia Marques Pereira

,

Pedro Miguel Alves Ribeiro Correia

,

Patrícia Jardim Da Palma

,

Liliana Pitacho

and

Fabrício Castagna Lunardi

Laws 2022, 11(3), 42; https://doi.org/10.3390/laws11030042 - 11 May 2022

Cited by 3 | Viewed by 3648

Abstract

Judges are the central actors in the organization and functioning of the judicial system. Concerns about work efficiency, driven by the European Commission for the Efficiency of Justice, led countries to adopt a set of reforms in line with private sector ideals applied [...] Read more.

Judges are the central actors in the organization and functioning of the judicial system. Concerns about work efficiency, driven by the European Commission for the Efficiency of Justice, led countries to adopt a set of reforms in line with private sector ideals applied to the public field to better manage their financial and human resources. In the last decades, the Portuguese judicial system has undergone a reform based on New Public Management principles by adopting the new Law on the Organization of the Judiciary System (LOSJ), significantly altering judges’ duties, who beyond their traditional role of applying the law, perform the additional role of court-of-law judge-manager. The objective of this study is to explore the influence of role conflict and role ambiguity in occupational burnout among judges and to analyze the influence of calling orientation as a moderating variable, so as to present a conceptual model of role-stress management among the judiciary. Theoretically, this work contributes to the literature on role-stress management through its introduction of calling moderation, as well as to the literature on the positive influence of calling on burnout. In terms of its practical implications, the work contributes to a reconsideration of the current organizational structure of judicial work. Full article

(This article belongs to the Special Issue 10th Anniversary of Laws — Feature Papers)

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