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Article
Publication date: 11 February 2019

Maria Claudia Solarte Vasquez, Mait Rungi and Katrin Merike Nyman-Metcalf

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…

Abstract

Purpose

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.

Design/methodology/approach

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.

Findings

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.

Research limitations/implications

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.

Practical implications

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.

Social implications

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

Originality/value

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

Details

International Journal of Law and Management, vol. 61 no. 1
Type: Research Article
ISSN: 1754-243X

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Article
Publication date: 12 November 2020

Zakariya Mustapha, Sherin Binti Kunhibava and Aishath Muneeza

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…

Abstract

Purpose

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.

Design/methodology/approach

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.

Findings

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.

Research limitations/implications

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.

Practical implications

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.

Originality/value

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.

Details

International Journal of Law and Management, vol. 63 no. 2
Type: Research Article
ISSN: 1754-243X

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Article
Publication date: 1 January 2007

Mike Berrell and Jeff Wrathall

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…

Abstract

Purpose

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.

Details

Management Research News, vol. 30 no. 1
Type: Research Article
ISSN: 0140-9174

Keywords

Content available

Abstract

Details

Management of Environmental Quality: An International Journal, vol. 24 no. 3
Type: Research Article
ISSN: 1477-7835

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Article
Publication date: 1 October 2011

W. Paatii Ofosu‐Amaah

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…

Abstract

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.

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Book part
Publication date: 1 January 2014

Akhila L. Ananth

The Edmund Edelman Children’s Court is a juvenile dependency courthouse in Los Angeles designed with bright murals, open play spaces, and modified courtrooms to be…

Abstract

The Edmund Edelman Children’s Court is a juvenile dependency courthouse in Los Angeles designed with bright murals, open play spaces, and modified courtrooms to be “child-sensitive” and “family-friendly.” Through a recounting of the political and cultural forces at play building up to its construction, I argue that the decisions to build a “child-sensitive” court confirm the carceral containment of the culpable black adult. This article represents an inquiry into the cultural logic of the court’s construction, revealing the relationship between raced constructions of innocence and guilt. This study draws from five months of fieldwork conducted in the Edelman Children’s Court.

Details

Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78350-785-6

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Article
Publication date: 17 July 2007

Daniëlle A. Groetelaers and Hendrik D. Ploeger

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.

Abstract

Purpose

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.

Design/methodology/approach

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.

Findings

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.

Research limitations/implications

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.

Originality/value

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

Details

Structural Survey, vol. 25 no. 3/4
Type: Research Article
ISSN: 0263-080X

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Article
Publication date: 23 October 2007

Shann Turnbull

The purpose of the paper is to show how the sustainability of urban settlements can be improved by treating as a variable the design of property rights: to realty…

Abstract

Purpose

The purpose of the paper is to show how the sustainability of urban settlements can be improved by treating as a variable the design of property rights: to realty, corporations, and currencies, and the communication and control architecture of communities.

Design/methodology/approach

System science shows how the resulting increases in the richness and variety of communication and control channels improve the governance of urban precincts. The new variables also provide a way to integrate the design of the built environment into the design of its governance architecture. The scope of orthodox economic analysis is extended to include the value of assets and liabilities to provide additional feedback signals. This more holistic economic framework increases the richness of the “semiotic” channel of social communication and control that complements those based on senses, words and prices.

Findings

The analysis reveals self‐reinforcing feed‐forward and feedback channels between the use and maintenance of the built environment and its governance architecture not available in less holistic design frameworks.

Practical implications

The paper identifies the need for urban planners to extend their discipline to become governance architects and how the knowledge of system scientists can be applied to improve the design of capitalism.

Originality/value

A new design paradigm is identified that allows improvements to be introduced in the ability of towns or suburbs, to become self‐financing, self‐governing political units. The paradigm identifies how capitalism can be designed to become more efficient, equitable, responsive, and democratic.

Details

Kybernetes, vol. 36 no. 9/10
Type: Research Article
ISSN: 0368-492X

Keywords

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Article
Publication date: 5 August 2014

Mona A. Mohamed and Sharma Pillutla

The main aim of this paper is to investigate the potential of Cloud Computing as a multilayer integrative collaboration space for knowledge acquisition, nurturing and…

Abstract

Purpose

The main aim of this paper is to investigate the potential of Cloud Computing as a multilayer integrative collaboration space for knowledge acquisition, nurturing and sharing. The paper will pinpoint benefits and challenges of Cloud Computing in satisfying the new techno-sociological requirements of the knowledge society through the provision of information technology (IT) green services. Furthermore, the article calls for the engagement of researchers to generate additional discussion and dialog in this emerging and challenging area.

Design/methodology/approach

The paper applies a conceptual analysis to explore the utilization of the Cloud ecosystem as a new platform for knowledge management (KM) technologies characterized by environmental and economic benefits.

Findings

This paper reveals the emergence of a new layer in the Cloud stack known as Knowledge Management-as-a-Service. The article discusses how KM has the opportunity to evolve in synergy with Cloud Computing technologies using the modified Metcalfe’s law, while simultaneously pursuing other benefits. This research reveals that if Cloud Computing is successfully deployed, it will contribute to the efficient use of the under-utilized computing resources and enable a low carbon economy. However, challenges such as security, information overload and legal issues must be addressed by researchers before Cloud Computing becomes the de facto KM platform.

Originality/value

While the technical, legal and environmental complications of Cloud Computing have received the attention warranted, the KM concepts and implementation facets within the realm of the knowledge society have not yet received adequate consideration. This paper provides enterprise KM architects, planners, chief information officers (CIOs) and chief knowledge officers (CKOs) with a comprehensive review of the critical issues, many of which are often overlooked or treated in a fragmented manner within the Cloud environment.

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Article
Publication date: 11 April 2016

Francis King

This paper aims to consider a more visual approach to property law teaching practices. This will be achieved by exploring the existence of “visual learners” as a student…

Abstract

Purpose

This paper aims to consider a more visual approach to property law teaching practices. This will be achieved by exploring the existence of “visual learners” as a student body, evaluating the use of more visual teaching techniques in academic practice, recognising the historic dominance of text in legal education, and examining the potential for heightening visual teaching practices in the teaching of property law.

Design/methodology/approach

The paper reviews and analyses some of the available literature on visual pedagogy, and visual approaches to legal education, but also introduces an amount of academic practitioner analysis.

Findings

This paper evidences that, rather than focusing on the categorisation of “visual learner”, the modern academic practitioner should use the customary use of more visual stimuli, consequently becoming a more “visual teacher”. This paper demonstrates that these practices, if performed effectively, can impact upon the information literacy of the whole student body. It also proffers a number of suggestions as to how this could be achieved within property law teaching practices.

Practical implications

The paper will provide support for early-career academic practitioners, who are entering a teaching profession in a period of accelerated and continual change, by presenting an overview of pedagogic practices in the area. It will also provide a stimulus for those currently teaching on property law modules and support their transition to a more visual form of teaching practice.

Originality/value

This paper provides a comprehensive overview of visual pedagogy in legal education, and specifically within that of property law, which has not been conducted elsewhere.

Details

International Journal of Law in the Built Environment, vol. 8 no. 1
Type: Research Article
ISSN: 1756-1450

Keywords

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