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This paper aims to report on signs of public awareness and empowerment among the general public that are presumed to determine the viability of the smart contracting (SC) approach and identifies prevailing concerns regarding individual transactional experiences.

A mixed approach was followed to explore perceptions of self-regulation and transaction friendliness by using an interpretative multiple case study method and by presenting a descriptive summative analysis of the data.

On self-regulation, the study reveals spread awareness, empowerment, contractual competences and responsibility. Regarding transaction friendliness, subject matter influences transaction experiences the most, and trust and engagement are the most problematic factors. The findings support the viability of SC, endorsing the application of proactive perspectives in legal and managerial practice.

The study confirms the foundational assumptions of SC, identifies key transactional issues that should be further addressed to improve the functionality of digital trade environments and contributes to the consolidation of the legal design research field on transaction usability.

The findings point to the viability of SC. Organizations and practitioners are given indications on transaction upgrade priorities and invited to adopt and help disseminate the proposal.

The expansion of a collaborative transactional culture can reduce legal disputes, improving the legal environment of business and strengthening private governance regulatory models.

This is the first empirical study on the viability conditions of the SC-approach, identifying transactional usability testing and intervention priorities.

As evident from the literature review, the research on cyber security performance is centered on security metrics, maturity models, etc. Essentially, all these are helpful for evaluating the efficiency of cyber security organization but what matters is how the factors of internal efficiency affect the business performance, i.e. the external effectiveness. The purpose of this research paper is to derive the factors of internal efficiency and external effectiveness of cyber security and develop impact model to identify the most and least preferred parameters of internal efficiency with respect to all the parameters of external effectiveness.

There are two objectives for this research: Deriving the factors of internal efficiency and external effectiveness of cyber security; Developing a model to identify the impact of internal efficiency factors on the external effectiveness of cyber security since there is not much evidence of research in defining the factors of internal efficiency and external effectiveness of cyber security, the authors have chosen grounded theory methodology (GTM) to derive the parameters. In this study emic approach of GTM is followed and an algorithm is developed for administering the grounded theory research process. For the second research objective survey methodology and rank order was used to formulate the impact model. Two different samples and questionnaires were designed for each of the objectives.

For the objective 1, 11 factors of efficiency and 10 factors of effectiveness were derived. These are used as independent and dependent variable respectively in the later part of the research for the second objective. For the objective 2 the impact models among independent and dependent variables were formulated to find out the following. Most and least preferred parameters lead to internal efficiency of cyber security organization to identify the most and least preferred parameters of internal efficiency with respect to all the parameters external effectiveness.

The factors of internal efficiency and external effectiveness constructed by using grounded theory cannot remain constant in the long run, because of dynamism of the domain itself. Over and above this, there are inherent limitations of the tools like grounded theory, used in the research. Few important limitations of GTM are as below in grounded theory, it is comparatively difficult to maintain and demonstrate the rigors of research discipline. The sheer volume of data makes the analysis and interpretation complex, and lengthy time consuming. The researchers’ presence during data gathering, which is often unavoidable and desirable too in qualitative research, may affect the subjects’ responses. The subjectivity of the data leads to difficulties in establishing reliability and validity of approaches and information. It is difficult to detect or to prevent researcher-induced bias.

The internal efficiency and external effectiveness factors of cyber security can be further correlated by the future researchers to understand the correlations among all the factors and predict cyber security performance. The grounded theory algorithm developed by us can be further used for qualitative research for deriving theory through abstractions in the areas where there is no sufficient availability of data. Practitioners of cyber security can use this research to focus on relevant areas depending on their respective business objective/requirements. The models developed by us can be used by the future researchers to for various sectoral validations and correlations.

Though the financial costs of a cyber-attack are steep, the social impact of cyber security failures is less readily apparent but can cause lasting damage to customers, employees and the company. Therefore, it is always important to be mindful of how the impact of cyber security affects society as well as the bottom line when they are calculating the potential impact of a breach. Underestimating either impact can destroy a brand. The factor of internal efficiency and external effectiveness derived by us will help stakeholder in focusing on relevant area depending on their business. The impact model developed in this research is very useful for focusing a particular business requirement and accordingly tune the efficiency factor.

During literature study the authors did not find any evidence of application of grounded theory approach in cyber security research. While the authors were exploring research literature to find out some insight into the factor of internal efficiency and external effectiveness of cyber security, the authors did not find concrete and objective research on this. This motivated us to use grounded theory to derive these factors. This, in the authors’ opinion is one of the pioneering and unique contribution to the research as to the authors’ knowledge no researchers have ever tried to use this methodology for the stated purpose and cyber security domain in general. In this process the authors have also developed an algorithm for administering GTM. Further developing impact models using factors of internal efficiency and external effectiveness has lots of managerial and practical implication.

The purpose of this paper is to review the literature on Islamic finance vis-à-vis legal and Sharīʿah non-compliance risks in its transactions and judicial dispute resolution in Nigeria. This is with a view to putting forward direction for future studies on the duo of legal and Sharīʿah non-compliance risks and their impact in Islamic finance.

This review is designed as an exploratory study and qualitative methodology is used in examining relevant literature comprising of primary and secondary data while identifying legal risk and Sharīʿah non-compliance risks of Nigeria’s Islamic finance industry. Using the doctrinal approach together with content analysis, relevant Nigerian laws and judicial precedents applicable to Islamic finance practice and related publications were examined in determining the identified risks.

Undeveloped laws, the uncertainty of Sharīʿah governance and enforceability issues are identified as legal gaps for Islamic finance under the Nigerian legal system. The gaps are inimical to and undermine investor confidence in Nigeria’s Islamic finance industry. The review reveals the necessity of tailor-made Sharīʿah-based regulations in addition to corresponding governance and oversight for a legally safe and Sharīʿah-compliant Islamic finance practice. It brings to light the imperative for mitigating the legal and Sharīʿah non-compliance risks associated with Islamic finance operations as crucial for Islamic finance businesses, Islamic finance institutions and their sustainable development.

Based on content analysis, the review is wholly doctrinal and does not involve empirical data. Legal safety and Sharīʿah compliance are not to be compromised in Islamic finance operations. The review would assist relevant regulators and investors in Islamic financial enterprises to understand and determine the impact and potential ramifications of legal safety and Sharīʿah non-compliance on Islamic Finance Institutions.

This study provides an insight into the dimensions and ramifications of legal and Sharīʿah non-compliance risks of Nigeria’s Islamic finance industry. This study is premised on the imperative for research studies whose outcome would inform regulations that strike a balance between establishing Islamic financial institution/business and ensuring legal certainty and Sharīʿah compliance of their operations. This study paves way for this kind of research studies.

The findings and discussions provide a guide for regulators and researchers on the identification and mitigation of legal and Sharīʿah non-compliance risks in Islamic finance via a literature review. This study, the first of its kind in Nigeria, advances the idea that research into legal and Sharīʿah non-compliance risks of Islamic financial entities is key to mitigating the risks and fostering the entities and their businesses.

This paper aims to understand what prevents established law firms from embracing digitalization and discusses barriers to solving the emerging ambidexterity problem. Law firms have been organized in the same way for decades. However, digital opportunities are emerging and new competitors are challenging established firms. This presents established law firms with an ambidexterity problem: How can law firms simultaneously uphold their successful way of working while entering a new world of digitalization, artificial intelligence (AI) and machine learning?

Previous research suggests that law firms are slow in digital transformation, compared to other Professional Service Firms (PSFs). In this paper, the authors explore why this happens. Interview data from representatives in law firms are complemented with data from architects as well as legal industry data and field notes. The data have been analyzed to spot patterns and emerging themes.

The authors find that established law firms face structural and cultural barriers to applying ambidextrous solutions. When comparing law firms with architecture firms, the authors see that while established architecture firms have combined digital exploration with ongoing exploitation, established law firms have focused on exploitation, leaving digital exploration to new legal tech firms. This difference can be attributed to industry context and professional culture.

This paper shows that both structural and contextual ambidexterity is a challenge for established law firms. This paper contributes to the understanding of barriers to embrace digital technology, and supports practitioners in efforts to remove these barriers.

The purpose of this paper is to examine aspects of the social, cultural, political and legal architecture of intellectual property rights (IPR) in China. The paper aims to identify inhibiting and facilitating factors in the Chinese environment as they pertain to establishing of a workable regime for IPR in China. The paper also offers some practical strategies that foreign managers can employ to reduce the risk of piracy of intellectual property (IP) in China.Design/methodology/approach – A literature review of the main influences on the formation of Chinese attitudes to IPR are identified and discussed. Against this background, a model for the establishment of a new regime for IPR in China is proposed.Findings – While the cultural architecture of IPR in China is often identified as the major influence on the level of IP piracy, other aspects of the Chinese political, business and social environment may actually facilitate the acceptance of, and respect for, IPR. Indeed, the experience of Taiwan in building new norms for IPR suggests that a new regime for IPR in China is clearly possible. This is because new norms of respect for IPR can emerge when sufficient facilitating factors are present in the environment. Nevertheless, while the potential to reduce IP piracy exists, foreign managers must continue to remain vigilant in the marketplace and use a combination of strategies to protect IP as new norms of respect for IPR emerge in the coming period.Research limitations/implications – Foreign managers in China can gain significant advantages by understanding the deeper influences of the social, cultural, political and legal architecture on the formation of attitudes to IP and IPR in China. Through such knowledge, this group will be better equipped to contribute to the process of establishing new norms of respect for IPR in China in the medium term.Practical implications – This study contributes to the literature on IPR in China. Armed with this knowledge, foreign managers are better placed to negotiate the difficult and complex Chinese business environment.Originality/value – This paper presents a model for developing a workable IPR regime in China and describes low‐cost strategies to reduce the current level of IP piracy.

In this short chapter, we seek to begin to understand what it might mean to ‘interrupt the legal person’. We do this in two parts. In the first part, we begin with the phrase itself and interrogate its components. Interrogating these components leads us to think of the legal person as a technical and grammatical question that varies across different legal traditions and jurisdictions, i.e., across different ways of living and speaking law (recall that juris-diction says to speak the law). In the second part, we briefly explore four versions or declinations of interruptions, each corresponding to a different kind of juris-diction or legal tradition. We see this chapter as itself a friendly interruption in (or of) a broad and rich conversation so as to encourage ourselves to be struck again by some things we may take for granted.

The birth of the African Capacity Building Foundation on February 9, 1991, was the culmination of intense efforts and groundbreaking commitment to capacity building in Africa by Africa Governors of the World Bank, the Bank itself and the cofounding Institutions ‐ the African Development Bank and the United Nations Development Program, as well as numerous other individuals. The successes chalked by ACBF towards attainment of its objectives have vindicated those who held the view that establishing an indigenous African institution, with focus on and commitment to the course of Africa’s development was the right course of action at the time. Twenty years on, ACBF has supported nearly 250 projects and programs in 44 African countries and committed more than US$400 million to build capacity on the continent. Projects and programs supported by the Foundation have drawn synergy with and complemented countless other activities of various development institutions operating on the Continent. ACBF’s support has been crucial in the building of development capacity in Africa, whether in ministries of finance and economic planning or central banks. For many among us who dedicated to this initiative and worked towards its realization, we remain humbled by the opportunity to witness the twentieth anniversary of ACBF.

This paper aims to introduce a new view on the role of the lawyer in the process of development and maintenance of the built environment.

For this paper the research consists of listing and analysing legal questions raised by multiple use of land. A multidisciplinary approach is used from a legal point of view and from a planning development point of view.

It is argued that law is not only a way of setting boundaries, but also should be stimulating to the development and maintenance of the built environment. This is what we call “juritecture”. The juritect is a designing lawyer; the legal construction is his responsibility. The juritect should have a role in the design process as early as possible, and he should work together with planners and architects. On the one hand, the work of the juritect seems to be that of a legal craftsman. His toolbox consists of instruments of both property law and contract law. On the other hand, the juritect is a legal scholar. By study and discussion of cases and existing law, he opens the doors to further legal development.

This is a first exploratory article on the subject of juritecture. Although it is concluded that this concept will be valid for all legal systems, the article is confined to the continental European Civil legal system and, more specifically, to Dutch law.

This paper introduces the new concept of “juritecture”, which challenges existing views on the role of the lawyer in the built environment.