Gorazd Mesko  Ales Bucar‐Rucman 《国际比较与应用刑事审判杂志》2013,37(2):219-241

This paper presents a survey of Slovene criminological research on violence since Slovenia's independence in 1991. The authors reviewed all research projects conducted at the Institute of Criminology at the Faculty of Law in Ljubljana and the College of Police and Security Studies (now Faculty of Criminal Justice, University of Maribor) and other academic institutions in Slovenia. This paper shows the prevailing studied forms of violence in contemporary Slovenian society and research methods used to reveal the dimensions and the extent of all kinds of violence.  相似文献   

    

Rachel J. Cahill‐O'Callaghan 《Journal of law and society》2013,40(4):596-623

The non‐legal factors that influence judicial decisions have been the subject of extensive debate. Theoretical and empirical work has focused on factors including political ideology, activism, attitudes, and demographics. Personal values are related to these factors and are central to decision making. The study described in this article translated theories and techniques from psychological research to examine the role of personal values in judicial decision making. A novel method of assessment of value expression in legal opinions revealed a different pattern of values expressed in the majority and minority opinions of a case that divided the Supreme Court. An empirical study of legal academics extended this analysis and highlighted the significant influence of personal values on legal decisions. The value:decision paradigm provides a new framework to analyse judicial decision making, judicial division, and judicial discretion and has significant implications for judicial diversity.  相似文献   

    

Ernest Owusu‐Dapaa  Samuel Adarkwah 《Commonwealth Law Bulletin》2013,39(3):535-543

The doctrine of ultra vires was at common law invoked to frustrate expectations of innocent parties that entered into transactions with companies outside their object clause. The common law doctrine of ultra vires is applicable in Ghana but with necessary modification under the Companies Code and it is an effective tool for the protection of shareholders, creditors and third party's interest in the company. Whilst third parties acting in good faith and without notice are protected under the law, shareholders and creditors may restrain the company from dealing with the third party in the case of future transactions. This ensures balance and in any event when an action is instituted the court is obliged to look at the equities involved.  相似文献   

    

Lyana Francot‐Timmermans  Ubaldus De Vries 《Ratio juris》2013,26(2):282-301

The rule of law offers legal certainty, laying down boundaries to the state's playing field. The precautionary approach stipulates that the absence of scientific certainty is no reason not to act to prevent harm. Here, uncertainty frames action. The precautionary approach potentially expands the state's playing field, and this expansion might well undermine the precepts of the rule of law. The certainty‐uncertainty axis exposes a tension between the rule of law and the precautionary approach in what Ulrich Beck has termed the world risk society in second modernity. It is this tension that is the focus of analysis in this article.  相似文献   

    

Janelle Knox‐Hayes 《Regulation & Governance》2012,6(4):545-567

This article investigates the nature of policy path dependence through analysis of climate policy formation in the United States. In 2008 the US Congress attempted to pass the Lieberman–Warner bill, a comprehensive climate and energy package that would have capped greenhouse emissions and established a nationwide cap and trade program. In the same year, California successfully enacted the Global Warming Solutions Act. This article explores the circumstances of both cases and raises the question of why legislation at the state level was successful and took such a divergent form from legislation at the federal level. The divergence of these cases is used to highlight the nature of coalition formation and policy path dependence in the legislative process. Explanations of policy tend to gravitate toward either the generalizability of game theoretic approaches or the empirical depth of case studies. This article suggests a combined approach that uses case studies to analyze the positions and motivations of actors and to then model policy development over time. The approach examines policy through the formation and negotiation of policy coalitions. Drawing on the Advocacy Coalition Framework and omnibus analysis, the approach expands these coalition theories first by analysing legislative development at the interface of legislators and constituent interest groups, and second by adding temporal dimension to the analysis. The findings suggest that policy is path dependent in that it is negotiated between coalitions that in turn create stability in the policy process and insulate policy fields from external shocks. Policy path dependence suggests that theory alone is insufficient to predict policy outcomes; policy results depend strongly on prior policy efforts, historically and socially contingent coalitions, and the resulting framing of policy possibilities.  相似文献   

    

Hubert Buch‐Hansen 《Regulation & Governance》2012,6(1):101-118

This article aims to explain the broader evolution of British merger control. To this end it outlines a novel critical political economy perspective on regulation and regulatory change which differs from established political economy approaches, such as the regulatory capitalism/state perspectives, in three main ways: it places regulatory ideas at the heart of the analysis, it differentiates between different degrees of regulatory change, and it links regulatory change in delineated issue areas with changing power balances between fractions of capital and labor. The application of this perspective to the analysis of the evolution of British merger control provides some important new insights, most notably that the content, form, and scope of merger control in Britain have been deeply transformed in accordance with neoliberal ideas since the 1980s and that this process, which was part of a broader regulatory and ideational shift, was premised on the ascendancy of transnational capital.  相似文献   

    

ANNA‐LENA H GENAUER 《Journal of common market studies》2012,50(4):687-687

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Christopher J. Galdieri  Kevin Parsneau  J. Scott Granberg‐Rademacker 《Politics & Policy》2012,40(4):680-703

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Kelley Lee  Adam Kamradt‐Scott  Sungwon Yoon  Jingying Xu 《Global Policy》2012,3(3):348-361

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E. Richard Gold  Jean‐Frdric Morin 《Global Policy》2012,3(2):231-237

It is a vast understatement to say that the problem of access to medicines in developing countries is complex. Access is limited by a range of factors including inability to pay, a lack of infrastructure, and corruption in some countries. Surrounding and exacerbating these structural and technological problems is the layer of legal rights created by patents and their licensing that complicate and render more expensive the preparation and delivery of needed medicines, particularly those that need to be adapted to the social, health and cultural environment of developing countries. This article provides a survey of innovative strategies that aim at maximizing the potential of patents to facilitate the development and delivery of medicines against diseases, the burden of which falls principally on developing country populations. To understand the context in which these strategies are being proposed and implemented, the article reviews the battles over access to medicines beginning in the late 1980s. It then surveys some of the principal suggestions put forward to better direct innovation systems in addressing the critical health needs of the world’s majority including advance market commitments, patent buy‐outs, prize funds, public–private partnerships and patent pools.  相似文献