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1.
Using data on 75 countries for six years in the period 1995–2003, this paper analyzes empirically whether and to what extent
the quality of the legal system affects the performance of the labor market. According to the regression results, a legal
system characterized by a dependent judiciary, biased courts, a lack of intellectual property protection and a lack of integrity
increases unemployment and lowers the employment level. The magnitude of the effect seems to be substantial, particularly
among young people.
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2.
During regulation the regulator carries out an intermediary role between shareholders and managers, consequently affecting
property rights and the agency relation between the two. Deregulation implies that this intermediary role ceases to exist.
This article analyses how government deregulation changes property rights, differentiating between firms of network and non-network
structures. Changes in property rights affect the agency relation between shareholders and managers, increasing information
asymmetry and agency costs. I argue that the way to reduce agency costs depend to a great extent on the country’s legal system
classified as of common or civil law tradition.
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3.
This paper analyses the determination of the complexity of legal rules in a context of harmonization between different countries.
We first assume that there are no harmonization gains. We show that if the optimal complexity levels of legal rules are equal
across countries, their common level will stick when legal rules are harmonized. When these levels are different, one nation-state
may lose to the determination of a uniform level of complexity. However, when there are harmonization gains we show that if
these harmonization gains are large enough, complex legal rules are optimal. Moreover, we show that each nation-state could
gain from the determination of a uniform level of complexity, even if this level is not its preferred one.
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4.
This article provides the background to an international project on use of force by the police that was carried out in seven
countries. Force is often considered to be the defining characteristic of policing and much research has been conducted on
the determinants, prevalence and control of the use of force, particularly in the United States. However, little work has
looked at police officers’ own views on the use of force, in particular the way in which they justify it. Using a hypothetical
encounter developed for this project, researchers in each country conducted focus groups with police officers in which they
were encouraged to talk about the use of force. The results show interesting similarities and differences across countries
and demonstrate the value of using this kind of research focus and methodology.
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5.
Although property lawyers and theorists were always interested in the legal doctrinal construction of property rights and
in political, moral, or economic justifications of property rights through the course of history, they very rarely looked
into possible psychological roots of property rights and the powers they entail. Similarly, psychologists (whether with a
focus on individual or social psychology) provide models for the explanation of a person’s behaviour and the social interactions
of humans, but they rarely touch upon property rights at all, and if so, only in brief passing comments. The one extensive
study on the social psychology of property appeared 75 years ago. This paper looks into modern research of individual and
social psychology and assesses whether some of the findings can be used to explain a psychological basis for the existence
and importance of property rights. That may also be a starting point for a modern interdisciplinary study in this area.
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6.
This article focuses on a research project conducted in six jurisdictions: England, The Netherlands, Germany, Australia, Venezuela,
and Brazil. These societies are very different ethnically, socially, politically, economically, historically and have wildly
different levels of crime. Their policing arrangements also differ significantly: how they are organised; how their officers
are equipped and trained; what routine operating procedures they employ; whether they are armed; and much else besides. Most
relevant for this research, they represent policing systems with wildly different levels of police shootings, Police in the
two Latin American countries represented here have a justified reputation for the frequency with which they shoot people,
whereas at the other extreme the police in England do not routinely carry firearms and rarely shoot anyone. To probe whether
these differences are reflected in the way that officers talk about the use of force, police officers in these different jurisdictions
were invited to discuss in focus groups a scenario in which police are thwarted in their attempt to arrest two youths (one
of whom is a known local criminal) by the youths driving off with the police in pursuit, and concludes with the youths crashing
their car and escaping in apparent possession of a gun, It might be expected that focus groups would prove starkly different,
and indeed they were, but not in the way that might be expected. There was little difference in affirmation of normative and
legal standards regarding the use of force. It was in how officers in different jurisdictions envisaged the circumstances
in which the scenario took place that led Latin American officers to anticipate that they would shoot the suspects, whereas
officers in the other jurisdictions had little expectation that they would open fire in the conditions as they imagined them
to be.
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7.
Scholars of law and economics have produced a huge amount of literature on how to design an optimal legal standard in tort
law to regulate international torts. However, there are few works to use these theories in the analysis of tort law in an
individual jurisdiction. In this paper, I apply a law-and-economics analytical framework to the study of the legal standards
for deceit in English tort law with an aim to show that the law-and-economics approach could generate new insights valuable
to broad our understanding of the law of deceit.
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8.
The spectacular business scandals in recent years have led both the legislative and business companies to rethink and redesign
their strategies. This article analyzes the worldwide impact of reforms in economic crime legislation emanating from the USA.
Empirical data are reported showing that the US regulations are generating a spillover effect spreading beyond its sphere
of operation. It is particularly notable that international stock-exchange-listed companies are orienting themselves increasingly
toward the legal standards of the USA.
Translated from the German by Jonathan Harrow, Bielefeld.
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9.
The purpose of this paper is to show, using the example of socialist Yugoslavia, how and why authors’ rights laws were applied
in a socialist regime relying on the same rhetoric of ownership and individualism that marked their use in the capitalist
West. In this way, Yugoslav laws have served us as an excuse to examine the connection between rights guaranteed by the legal
apparatus and a type of control over creative processes that these rights make possible. Since it is a fact that both single-party
socialism and pluralist capitalism have employed the same concept of authors’ rights and authorship, it is our claim that
the two systems have been and are equally interested in limiting creative freedom by means of property derived from authors’
rights. To the extent to which Yugoslav legislative, political, cultural, and ideological practice borrowed from the Soviet
variety of socialism, we will consider examples from that tradition as well, treating it as the strictest incarnation of Marxism
in Europe.
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10.
This paper argues that contracts obtained by means of bribery should be valid. Nullity and voidability decrease the incentive
for voluntary disclosure, assist corrupt actors with enforcing their bribe agreements and provide leeway for abuse. Thus,
they run counter to effective anti-corruption. It is argued that other instruments are more suitable for preventing corruption.
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11.
Considering earlier research into police use of force as well as the judicial and practical frame of police work in Germany,
the article presents the results of an empirical study on the individual and collective legitimization of the use of force
by German police officers. There are numerous justifications for the use of force expressed by focus group participants in
eight German Federal States who were responding to a hypothesized scenario. In the discussions observed within the groups,
reference is first made to the state’s duty to prosecute alleged offences and the measures or formal actions to do this—hence,
the legal authority to use force. In the course of the discussions, however, it became obvious that illegal violence may occur,
although it was not perceived as such by the officers. Overall, and after an intensive analysis of the focus group discussions,
it can be stated that use of force (whether legal or not) depends on the police officer’s perception of the resistance of
the person being engaged with. In this regard, different social–cultural or physical–material factors can be identified. They
have different influences on the individual legitimization of police actions, intertwined with the perception of the situation
as constructed by the officer. Three ways of perceiving the situation can be deduced, resulting in different patterns of justification
for the use of force.
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12.
In this paper, we argue that lower prices for pharmaceuticals can be achieved by fostering a new type of competition in the
pharmaceutical industry. Lower drug development costs, and hence prices, can be brought about by abolishing national drug
administrations and replacing them with private certification boards that compete on the basis of safety, efficiency and cost
of their drug approval process. A major benefit of this type of privatization is that it would not necessitate limits on data
exclusivity in order to achieve lower prices. Drug approval privatization could achieve the same positive results as generic
competition, in terms of lower costs and prices, without the negative effects of intellectual property rights violation and
the consequent discouragement of innovative activities.
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13.
The parameters of legal structures within which perpetrators of most serious international crimes are surrendered to the ICC
and the legal frameworks within which the rights of such individuals are best protected are not sufficiently precise in international
law. By examining both international and some national jurisprudence with regard to mala captus bene detentus practice, the reach of the right to challenge the legality of one’s arrest is evaluated with a conclusion that there is no
uniform state or international practice and that the ICC Statute does not resolve the status of the doctrine nor does it regulate
the effects of abuse of process against accused persons.
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14.
The rapid economic growth in China over recent decades has been accompanied by higher levels of crime, but there have been
few studies of the Chinese experience of criminal victimization. A recent victimization survey of a representative sample
of households in Tianjin represents a major effort to fill this gap in the literature. The present paper reviews the research
based on the Tianjin survey along with other studies of crime and criminal victimization in China that have been published
since 1990. We summarize the major findings, discuss the theoretical perspectives and methodological strategies that have
been applied, identify the limitations of the research to date, and offer suggestions for future research.
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15.
This paper compares bank regulation and supervision in Japan and Germany. We consider these countries because they both have
bank-dominated financial systems and their banking systems are often lumped together as one model, yet, bank stability differs
significantly. We show that Japan and Germany have chosen different approaches to bank regulation and supervision and ask
why they made their choices. We argue that bank regulation and supervision were less efficient in Japan than in Germany and
that these differences were decisive for bank behavior.
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16.
After decades of neglect, a growing number of scholars have turned their attention to issues of crime and criminal justice
in the rural context. Despite this improvement, rural crime research is underdeveloped theoretically, and is little informed
by critical criminological perspectives. In this article, we introduce the broad tenets of a multi-level theory that links
social and economic change to the reinforcement of rural patriarchy and male peer support, and in turn, how they are linked
to separation/divorce sexual assault. We begin by addressing a series of misconceptions about what is rural, rural homogeneity
and commonly held presumptions about the relationship of rurality, collective efficacy (and related concepts) and crime. We
conclude by recommending more focused research, both qualitative and quantitative, to uncover specific link between the rural
transformation and violence against women.
This paper was presented at the 2006 annual meeting of the American Society of Criminology, Los Angeles, California. Some
of the research reported here was supported by National Institute of Justice Grant 2002-WG-BX-0004 and financial assistance
provided by the College of Arts and Sciences and the Office of the Vice President for Research at Ohio University. Arguments
and findings included in this article are those of the authors and do not represent the official position of the US Department
of Justice or Ohio University. Please send all correspondence to Walter S. DeKeseredy, e-mail: walter.dekeseredy@uoit.ca.
All of the names of the women who participated in DeKeseredy and colleagues’ rural Ohio study and who are quoted have been
changed to maintain confidentiality.
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17.
The privatization strategy in many transition economies involved the creation of a special government agency that administered
state property during privatization programs as well as after the privatization was declared complete. The National Property
Fund (NPF) was the agency in the Czech Republic. In many firms the state kept property long after the privatization was completed.
We analyze the control potential of the state exercised through the NPF via the control rights associated with capital stakes
in firms along with special voting rights provided by law. Based on a complete data set on assets as well as the means of
control in privatized firms we conclude that for most of the 1994–2005 period, the state control potential was extensive and
certainly larger than has been found by earlier research.
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18.
Using epidemiological techniques for testing disease contagion, it has recently been found that in the wake of a residential
burglary, the risk to nearby homes is temporarily elevated. This paper demonstrates the ubiquity of this phenomenon by analyzing
space–time patterns of burglary in 10 areas, located in five different countries. While the precise patterns vary, for all
areas, houses within 200 m of a burgled home were at an elevated risk of burglary for a period of at least two weeks. For
three of the five countries, differences in these patterns may partly be explained by simple differences in target density.
The findings inform theories of crime concentration and offender targeting strategies, and have implications for crime forecasting
and crime reduction more generally.
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19.
This paper shows how Peirce's semeiotic could be turned into a powerful science. The New Science of Semiotics provides not
only a new paradigm and an empirical justification for all these applications, but also a rational and systematic procedure
for carrying them out as well. Thus the New Science of Semiotics transforms the philosophy of law into the science of legal
scholarship, the discipline that I call jurisology.
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20.
Judicial independence is not only a necessary condition for the impartiality of judges, it can also endanger it: judges that
are independent could have incentives to remain uninformed, become lazy or even corrupt. It is therefore often argued that
judicial independence and judicial accountability are competing ends. In this paper, it is hypothesized that they can be complementary
means towards achieving impartiality and, in turn, the rule of law. It is further argued that judicial accountability can
increase per capita income through various channels one of which is the reduction of corruption. First tests concerning the
economic effects of JA are carried out and on the basis of 75 countries, these proxies are highly significant for explaining
differences in per capita income drawing both on OLS as well as TSLS.
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