Agents’ response to inefficient judiciary: social norms and the law in transition

The paper questions the impact of rule-based governance in an environment with poor legal enforcement and general mistrust in the law-setting institutions. We conduct a quasi-experiment and a survey to prove that ??law on books?? can still play a role by triggering the social norm of ??obeying the law??. We furthermore expose and empirically confirm the role of the Corporate Governance Code as a signaling tool, and discuss why in a weak institutional environment the Code??s potential may be even stronger than in the developed market economies.     

Legal and LSP Linguistics and Translation: Asian Languages’ Perspectives

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - This essay opens the Special Issue of the International Journal for the Semiotics of Law...     

Race,Islamophobia and the politics of citizenship in post-unification Germany

ABSTRACT

In the immediate aftermath of German reunification, as in the wake of the recent humanitarian crisis, Germany experienced notable ‘peaks’ of racist agitation and violence. In the 1990s, as today, the post-Communist eastern regions of Germany tend to be perceived as the hub of such racism. In this article, Lewicki revisits both ‘peaks’ via an examination of numerical evidence for verbal and physical racist violence in the former East and West of Germany. Rather than conceiving of racism as ‘cyclical’ or a specific legacy of the Communist dictatorship, her analysis suggests that political projects in Germany’s past and present have retained distinct structural incarnations of race. Far-right activists could thus successfully channel animosities resulting from the terms of unification into nationalist and racist resentment: momentarily more so in the East, but increasingly also in the West. The politics of citizenship, Lewicki argues, has provided a key means of perpetuating, reaffirming and cementing racialized hierarchies in the two post-war German states, but also in reunified Germany.     

Regulatory enforcement against organizational insiders: Interactions in the pursuit of individual accountability

The UK Financial Conduct Authority has developed and implemented policies targeting individuals for regulatory non-compliance in the post-2008 crisis period. This article develops a tripartite framework that differentiates between individual–firm, regulator–individual, and regulator–firm interactions to capture the complexity of these enforcement proceedings. Drawing on interviews with stakeholders, administrative decisionmaking observations, and documentary analysis, it outlines the process of individualizing responsibility for non-compliance and finds that this approach poses evidential and investigative challenges for the regulator as a result of individual and corporate responses. The evidence shows that individuals are more likely than firms to engage in an adversarial response to an investigation rather than to settle. At the same time, through an inverse process of “corporatization” of the enforcement proceedings, firms may employ resources and strategies aimed at obscuring individual responsibility or binding together more closely the corporate and the individual case. The article concludes that the prospects of a successful outcome in investigating individuals depend not only on regulators' activities but also on corporate responses and on which managers are considered assets to the firm and which may be thrown to the wolves.     

‘Liberation Technology’ or ‘Net Delusion’? Civic Activists’ Perceptions of Social Media as a Platform for Civic Activism in Belarus and Ukraine

Abstract

This article analyses activists’ attitudes towards using social media for civic actions in authoritarian and democratising countries. Specifically, it examines whether civic activists in Belarus and Ukraine perceive social media as ‘liberation technology’ or as unhelpful and overhyped, a ‘net delusion’. We compare the ways in which civic activists use social media for the purpose of spreading information, networking and mobilisation. We find that social media is used by them for civic activism in order to campaign for civil and political liberties in their countries. Civic activists are generally enthusiastic about the use of social media, however we highlight challenges arising from socio-political conditions as well as negative consequences of activists’ online engagement.     

When Appreciating Nature Makes One Care Less for Human Beings: The Role of Belief in Just Nature in Helping Victims of Natural Disasters

The concept that nature is just and that it can act against its perpetrators is widespread among environmentalists. In the research presented, we show the consequences of sharing just-nature beliefs for reactions toward victims of natural catastrophes. A preliminary qualitative analysis of environmentalist discourse related to victims of Fukushima Daiichi nuclear disaster caused by a tsunami showed that just-nature beliefs were used to justify the Japanese tragedy. In the following three quantitative studies, we demonstrate that the belief in just-nature is related to a diminished tendency to help human beings who suffered from natural catastrophes. Two correlation studies conducted directly after the earthquake in Japan in 2011 on members of ecological organizations (N = 183) and undergraduates (N = 123) showed that just-nature beliefs result in a tendency to help by giving donations for reducing the consequences of nature rather than for human victims of the tragedy. The results were replicated in a correlation study of undergraduates (N = 153) conducted after Hurricane Sandy.     

An academic perspective on the copyright reform

The recently proposed new Copyright Directive was released on 14 September 2016. It has been described by EU law-makers as the pillar of the copyright package promised by the European Commission (EC), to be delivered before the end of Mr. Juncker's mandate. In its Communication of 6 May 2015, the EC had stressed “the importance to enhance cross-border access to copyright-protected content services, facilitate new uses in the fields of research and education, and clarify the role of online services in the distribution of works and other subject-matter.” The proposed Copyright Directive is thus a key measure aiming to address two of these three issues. However it is not without shortfalls.We have therefore decided to publicly express our concerns and send an open letter to the European Commission, the European Parliament and the Council to urge them to re-assess the new provisions dealing with mandatory filtering of user-generated content in the light of the CJEU case law and the Charter of Fundamental Rights of the European Union.In a more extended statement, we examine in details the text of both the explanatory memorandum and the Directive itself.Our conclusions are:1. A comprehensive re-assessment of Article 13 and Recital 39 in the light of the Charter of Fundamental Rights of the European Union and the E-commerce Directive (in particular Article 15) including CJEU case law is needed, as the proposed Copyright Directive does not expressly address the issue of its compatibility with both of these texts.2. Recital 38 does not clarify the domain and effect of Article 13. Rather, it creates confusion as it goes against settled CJEU case law (relating to Articles 14 and 15 of the E-commerce Directive and Article 3 of the Infosoc Directive). Recital 38 should therefore be deleted or substantially re-drafted/re-phrased. If the EU wants to introduce a change in this regard it should clearly justify its choice. In any case, a recital in the preamble to a directive is not an appropriate tool to achieve this effect.We hope that this exercise will prove useful for the debate that has now begun both in the European Parliament and in the Council.