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1 – 10 of 320Floriana Fusco, Pietro Pavone and Paolo Ricci
This study aims to explore to what extent stakeholder engagement affects the sustainability reporting (SR) process and if it succeeds in facilitating the encounter between demand…
Abstract
Purpose
This study aims to explore to what extent stakeholder engagement affects the sustainability reporting (SR) process and if it succeeds in facilitating the encounter between demand and supply of accountability, as well as the main challenges of this practice, by focusing on a crucial and under-investigated public sector area, the judicial system.
Design/methodology/approach
The study adopts an action research (AR) approach. Specifically, it focuses on a specific phase (i.e. stakeholder engagement) of the broader project that was carried on from 2019 in an Italian Public Prosecutor’s Office. Data were collected from multiple sources, i.e. written notes and reports gathered during meetings, the survey administered to stakeholders and the published sustainability reports.
Findings
Stakeholder engagement may be a valuable and effective tool for improving the level of accountability, as it increases the responsiveness of SR to the informative needs of stakeholders. However, the study also highlights some critical points that must be addressed to exploit this fully. Among these is the need to act upstream of the process by working on an accounting system that goes beyond the economic dynamics and can effectively answer the accountability demand.
Originality/value
The study contributes to theoretical and empirical knowledge by exploring a topic and a public sphere still limited investigated, i.e. the stakeholder engagement in sustainability in the judicial sector. The AR approach also presents some originality points, as it is low widespread in management and accounting literature.
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Lin Gui, Zhendong Yin and Huihua Nie
The stability maintenance system has played an essential role in maintaining social stability although it also has brought about social problems worthy of attention. Admittedly…
Abstract
Purpose
The stability maintenance system has played an essential role in maintaining social stability although it also has brought about social problems worthy of attention. Admittedly compensation-based stability maintenance policy can address the appeals of citizens whose rights are infringed and the dissolving effect in the provision of compensation can save the cost of stability maintenance but such stability maintenance system lacks equilibrium.
Design/methodology/approach
The establishment of a strict assessment system for stability maintenance performance can encourage the stability maintenance authorities to eliminate the “fuse effect” as much as possible and ensure the effective implementation of the stability maintenance system. However, the rigorous stability maintenance performance assessment also provides the possibility for profit-driven petitions.
Findings
Due to the continuous accumulation of social dissatisfaction and the lack of stability maintenance equilibrium in the implementation of the compensation-based stability maintenance policy, public governance will fall into a stability maintenance paradox of “greater instability resulting from stability maintenance”.
Originality/value
The provision of sufficient means for the people to protect their interest by implementing measures such as strengthening the rule of law mechanisms is the key to achieve long-term social stability.
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The purpose of this study is to highlight the indigenous knowledge systems (IKS) preservation efforts in South Africa, with a focus on the National Recordal System and the…
Abstract
Purpose
The purpose of this study is to highlight the indigenous knowledge systems (IKS) preservation efforts in South Africa, with a focus on the National Recordal System and the Indigenous Knowledge Systems Documentation Centres (IKSDCs) across South Africa.
Design/methodology/approach
Anchored in the interpretivist paradigm, the qualitative research approach was adopted to explore the objectives of the study. The multiple case study method was considered appropriate and adopted for the study. The data for this study was collected through comprehensive face-to-face interviews and Web content analysis. The population of the study consisted of the staff at the IKSDCs in the selected academic institutions. The purposive sampling technique was used to select the following set of participants in each academic institution: IKS managers/coordinators, digitization officers and online collection administrators.
Findings
The findings provide an in-depth understanding of the IKS landscape in South Africa. The findings and recommendations of this paper would be useful to researchers who wish to know more about digitization efforts in South Africa. It would also be useful to all stakeholders and policymakers.
Originality/value
The paper brings to the fore the efforts of the South African government in preserving IKS through documentation and digitization. The paper highlights the sources of indigenous knowledge, types of indigenous knowledge captured, how the indigenous knowledge is ingested in the repositories and how the data is captured. Generally, the roles of the IKSDCs in the capture and preservation of IKS are highlighted.
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Abdulbari Mashal, Amer Hajal, Om Kalthoum Majoul and Mir Riaz Ansary
This paper aims to investigate sale with the temporary exclusion of usufruct, a format debated in classical Islamic jurisprudence. More specifically, it examines the application…
Abstract
Purpose
This paper aims to investigate sale with the temporary exclusion of usufruct, a format debated in classical Islamic jurisprudence. More specifically, it examines the application of this sale format in the diminishing partnership arrangement used by American Finance House LARIBA to finance house purchases. It analyzes the Sharīʿah issues and assesses the risks involved.
Design/methodology/approach
The research is qualitative, surveying and critically analyzing classical fiqh literature and contemporary juristic resolutions, as well as LARIBA’s financing documents. Finally, it systematically surveys the associated risk factors, first qualitatively, and then by quantifying them.
Findings
The research concludes that sale with the temporary exclusion of usufruct is a valid contract in Islamic law. When the usufruct is priced at market rate, the financing arrangement is genuinely Islamic and brings added value. Moreover, it is very effective in addressing risks for Islamic banks, particularly in countries with legal systems not designed to accommodate Islamic finance.
Originality/value
This study systematically examines all aspects of a contract that has not received sufficient academic attention, that has been underutilized by the Islamic finance industry and that is more fitting for implementation than many of the contracts currently being used.
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Roberta Troisi and Gaetano Alfano
This study investigates the presence of a productivity–quality trade-off in judicial decisions from an organisational standpoint, focusing on the courts as bureaucracies. Applied…
Abstract
Purpose
This study investigates the presence of a productivity–quality trade-off in judicial decisions from an organisational standpoint, focusing on the courts as bureaucracies. Applied to the Italian context and focusing on criminal courts, the main question addressed is whether or not increasing productivity diminishes decision quality.
Design/methodology/approach
Directional distance function (DDF) models were utilised to assess productivity. Two-sample t-tests are then used to compare the quality of efficient and inefficient units in first instance and appeal, with the aim to determine whether a productivity–quality trade-off exists.
Findings
The study’s approach yields results that differ from previous studies. (1) The Italian judicial system is found less efficient. (2) The efficiency of the courts of first instance is relatively uniform. In contrast, there is a difference in efficiency between northern and southern courts of appeal, with northern courts on average being more efficient. (3) The analysis reveals a statistically significant productivity–quality trade-off when the courts of appeal are considered.
Research limitations/implications
New evidence of a judicial system is presented, suggesting reforms regarding “reasonable time” as the optimal balance between quality and productivity.
Originality/value
The organisational framework leads to evaluating the efficiency of the courts by considering the various types of proceedings based on the gravity/complexity of the cases. In light of the pyramidal structure of the justice system, the quality is then defined in terms of hierarchical control expressed as review rate.
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Petra Pekkanen and Timo Pirttilä
The aim of this study is to empirically explore and analyze the concrete tasks of output measurement and the inherent challenges related to these tasks in a traditional and…
Abstract
Purpose
The aim of this study is to empirically explore and analyze the concrete tasks of output measurement and the inherent challenges related to these tasks in a traditional and autonomous professional public work setting – the judicial system.
Design/methodology/approach
The analysis of the tasks is based on a categorization of general performance measurement motives (control-motivate-learn) and main stakeholder levels (society-organization-professionals). The analysis is exploratory and conducted as an empirical content analysis on materials and reports produced in two performance improvement projects conducted in European justice organizations.
Findings
The identified main tasks in the different categories are related to managing resources, controlling performance deviations, and encouraging improvement and development of performance. Based on the results, key improvement areas connected to output measurement in professional public organizations are connected to the improvement of objectivity and fairness in budgeting and work allocation practices, improvement of output measures' versatility and informativeness to highlight motivational and learning purposes, improvement of professional self-management in setting output targets and producing outputs, as well as improvement of organizational learning from the output measurement.
Practical implications
The paper presents empirically founded practical examples of challenges and improvement opportunities related to the tasks of output measurement in professional public organization.
Originality/value
This paper fulfils an identified need to study how general performance management motives realize as concrete tasks of output measurement in justice organizations.
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Xinyi Huang, Fei Teng, Yu Xin and Liping Xu
This paper aims to study the effect of the establishment of bankruptcy courts on bond issuance market. This paper helps to predict that the introduction of bankruptcy courts in…
Abstract
Purpose
This paper aims to study the effect of the establishment of bankruptcy courts on bond issuance market. This paper helps to predict that the introduction of bankruptcy courts in China can mitigate price distortions caused by the implicit government guarantees and promote the development of the high-risk bond market.
Design/methodology/approach
This paper exploits the staggered introduction of bankruptcy courts across cities to implement a differences-in-differences strategy on bond issuance data. Using bonds issued in China between 2018 and 2020, the impact of bankruptcy courts on the bond issuance market can be analyzed.
Findings
This paper reveals that bond issuance credit spreads increase and is more sensitive to firm size, profitability and downside risk of issuance entity after the introduction of bankruptcy courts. It also reveals a substantive increase in bond issuance quantity and a decrease in issuer credit ratings following the establishment of bankruptcy courts. In addition, the increase of credit spreads is more prominent for publicly traded bonds, those whose issuers located in provinces with lower judicial confidence, bonds issued by SOEs and bonds with stronger government guarantees. Finally, the role of bankruptcy courts is more pronounced in regions with higher marketization.
Originality/value
This paper relates to previous studies that investigate the impact of laws and institutions on external financing. It helps provide new evidence to this literature on how improvements of efficiency and quality in bankruptcy enforcements relate to the marketization of bond issuance. The results provide further evidence on legal institutions and bond financing.
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This paper aims to investigate the link between agency costs mitigation via three levels of rights protection (minority rights protection, enforcing contracts, resolving…
Abstract
Purpose
This paper aims to investigate the link between agency costs mitigation via three levels of rights protection (minority rights protection, enforcing contracts, resolving insolvency issues) provides the propitious climate for financing investment opportunities around the world.
Design/methodology/approach
We use Bartlett’s three-group method to stratify countries based on how well they protect investors as measured by the scores provided in the Doing Business dataset developed by the world bank for 189 countries. We then test a variety of independent hypotheses that the alleviation of agency costs via three levels of protection (minority investors’ rights, contract enforcement, resolving insolvency issues) is associated with better access to credit via the banking system, better valuation of listed firms via the stock market and higher investment and growth.
Findings
Our findings support Agency Theory which explains why the absence of legal protection of external investors leads to stock markets and financial institutions failing to fulfill their role of financing the economy.
Practical implications
The policy implication from this study indicates that countries ought to (1) develop legislation that protects investors’ rights, (2) improve the quality of their judicial system in terms of enforcing the legislation and (3) build the framework for resolving disputes during insolvency as these are important ingredients for a developed financial system.
Originality/value
We use the World bank dataset and a new methodology to quantify the significance of the relationship between minority rights protection, ineffective enforcement, lack of bankruptcy laws and access to firm financing via the banking sector and the stock market. It provides new evidence that the quality of the judicial system in a country matter for firms’ ability to raise financing and enhance value creation.
研究目的
本文旨在探討一個假設,該假設為透過三級別權利保障(保障少數群體的權利、執行合同、解決破產問題)的代理成本緩減會為世界各地的金融性投資機會提供良好的氣侯。
研究設計/方法/理念
我們以巴特利特(Bartlett)的三組法把國家分組,分組方法是基於該國家保障投資者的程度,而保障程度是以世界銀行為189個國家而制定的營商資料集內提供的評分來衡量的。我們把國家分組後,便就各樣的獨立假設進行測試。這些假設是:透過三級別保障(保障少數股權投資者的權利、合同的執行、解決破產問題)的代理成本緩減是連繫於透過銀行系統而產生的更佳信貸途徑,透過股市的更佳上市公司估值及更高的投資和增長。
研究結果
研究結果証實了代理理論,該理論說明為何當外來投資者沒有得到法律保障時,結果會導致股票市場和金融機構不能履行其為經濟提供資金的角色。
實際的意義
本研究具有政策方面的意義,因研究顯示了國家應該:(1)設立保障投資者權利的法律;(2)在執行法律方面,改善其司法系統的素質;(3)建立解決破產時爭議的體系。這些是應該做的,因它們是一個已發展的金融體制的重要元素。
研究的原創性/價值
本文強調了一個保障投資者權利的法律環境所需的三個特定要素:對少數股權投資者權利的保障、有效的執行、有效的破產法律及透過銀行部門和股票市場而取得公司融資。這提供新的證據, 證實這三級別權利保障對公司籌集資金及提高價值創造的能力而言至為重要。
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This study aims to systematise the methodology used in comparative urban planning law and propose primary contexts for comparison in planning law.
Abstract
Purpose
This study aims to systematise the methodology used in comparative urban planning law and propose primary contexts for comparison in planning law.
Design/methodology/approach
This study undertook a review of comparative law methodology discourse and sought to establish connections between the discourse and the field of planning law.
Findings
This study argues for establishment of a realistic goal for comparative planning law by focusing on the planning law's modifiability. The goal of comparison in planning law should not be to find universally desirable principles or better solutions. Rather, the goal should be to identify a motive for devising a solution. This is because it is not only difficult to establish legal values that are universally applicable to planning law but also inappropriate to determine superiority of planning laws that have been developed over time by each jurisdiction’s sovereignty and policies on land use. When determining comparable systems for analysis among legal systems that are functionally equivalent, it is important to consider the context of land use relations alongside the comparative analysis to be done. To set realistic goals, the context should not be extended indefinitely but be systematised. Based on the foundational relationship underlying planning law, including the tension between planning authorities and property owners, this study presents five specific contexts for comparative analysis: “Strength of Property Rights,” “Level of Judicial Intervention,” “Plan- or Development-led System,” “Allocation of Planning Power” and “Level of Participation.” Examination of these contexts will allow better understanding of the similarities and differences among different systems and practical application of the results of comparative studies.
Originality/value
This study presents a novel approach to systematising the methodology and framework of comparative planning law.
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Zakariya Mustapha, Sherin Kunhibava and Aishath Muneeza
This paper aims to highlight resolution of Islamic finance dispute by common law-oriented courts in Nigeria with respect to Sharīʿah non-compliance and legal risks thereof, as…
Abstract
Purpose
This paper aims to highlight resolution of Islamic finance dispute by common law-oriented courts in Nigeria with respect to Sharīʿah non-compliance and legal risks thereof, as well as the lesson to learn from Malaysia in that regard. This is with view to ensuring Sharīʿah compliance and legal safety of Islamic finance practice as prerequisites for sustainability of the Nigerian Islamic finance industry.
Design/methodology/approach
A qualitative method was used; interviews were conducted with different categories of experts and primary data collected in relation to Sharīʿah non-compliance and legal risks in adjudicating Islamic finance dispute by civil courts and the role of expert advice as basis for court referral to Financial Regulation Advisory Council of Experts. A doctrinal approach was adopted to analyse relevant legislative provisions and content analysis of secondary data relevant to applicable provisions in matters of finance before civil courts.
Findings
The paper discovers an indispensable role of conventional financial regulations in sustaining Islamic finance industry. Appropriate laws for Islamic finance under the conventional framework foster legal safety and Sharīʿah compliance of Islamic finance activities in related cases handled by courts. Nigeria civil courts can aid sustainability of Islamic finance when so equipped and enabled by laws that address apparent Sharīʿah non-compliance and legal risks in judicial dispute resolution. Inadequate legal provisions for dispute resolution breeds Sharīʿah non-compliance and legal risks in Islamic finance, undermine its prospects and stand inimical to its sustainability.
Research limitations/implications
This research is limited by its focus on Sharīʿah non-compliance and legal risks alone, which emanate mainly from judicial resolution of Islamic finance dispute by Nigerian civil courts.
Practical implications
This research seeks to motivate a determined and deliberate regulatory action and change in approach towards addressing apparent risks associated with Islamic finance while resolving disputes therein by civil courts. It has implications on common law jurisdictions generally that adopt similar approach as Nigeria's while introducing Islamic finance into their conventional finance framework.
Originality/value
Dispute resolution and other regulatory functions of civil courts are important to Islamic finance though apparently overlooked while introducing Islamic finance in Nigeria as in other emerging jurisdictions. This research ascertains the role of the civil courts as indispensable for Islamic Financial Institution (IFIs) operations and demonstrates that such courts are needed for the development and sustainability of Islamic finance industry. The research demonstrates the end-to-end requirement of Sharīʿah compliance of Islamic financial transactions as absolute and needs be ensured and guarded at dispute resolution level by properly equipped courts.
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