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Book part
Publication date: 1 April 2004

Yüksel Sezgin

This paper provides a political analysis of legal pluralism from a “new institutionalist” perspective. In response to question of why states recognize and incorporate…

Abstract

This paper provides a political analysis of legal pluralism from a “new institutionalist” perspective. In response to question of why states recognize and incorporate non-state normative orderings into their legal systems, it is hypothesized that the decision of incorporation is made to enhance the capacities of postcolonial states with “rational” calculations. In this respect, two new categories of legal pluralism are introduced: capacity-enhancing recognition and capacity-diminishing recognition. The paper lastly assesses the implications of legal pluralism upon the state-society relations and individual rights and liberties of citizens in the case of Israel.

Details

Studies in Law, Politics and Society
Type: Book
ISBN: 978-1-84950-262-7

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Article
Publication date: 31 December 2015

Yosef Solomon and Jenny Bronstein

The purpose of this paper is to investigate the role of serendipity in legal information seeking behavior of family law advocates, whom act in a challenging information…

Abstract

Purpose

The purpose of this paper is to investigate the role of serendipity in legal information seeking behavior of family law advocates, whom act in a challenging information environment that lacks published court rulings.

Design/methodology/approach

A quantitative research using a web-based structured questionnaire, among Israeli family law advocates. Single stage systematic sampling, with random starting point and no recurring pattern of each sixth family law advocate on the Israel Bar Advocates List, was applied. Data from 135 Israeli family law advocates were used for analysis.

Findings

Electronic information sources were found as most serendipitous; family law advocates were identified as super encounterers; four types of professional background concerns and seven legal professional contributions of the unexpected encounters with court rulings, were identified. Furthermore, findings support several frameworks presented on earlier information encounter literature.

Research limitations/implications

Data absence on demographic and professional variables distributions of Israeli family law advocates was a limiting factor, compensated by the systematic sampling method used, thus can be regarded to reflect the views of the entire study population. Surveys’ reliance on self-reporting recalls of serendipitous events is also a limiting factor, though predicted and acceptable in this matter since chance encounters occur unexpectedly and are complex to capture.

Practical implications

Chance encounters may expose lawyers to meaningful information it is unlikely they were able to find because its limited publication, and assist them keep up with current law for better serves their clients.

Originality/value

The study augments the current empirically based knowledge on serendipity and provides insights into legal information chance encounters among a little-studied group of knowledge workers: family law advocates.

Details

Aslib Journal of Information Management, vol. 68 no. 1
Type: Research Article
ISSN: 2050-3806

Keywords

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Book part
Publication date: 19 May 2021

Rachel Hale, Melina Stewart-North and Alistair Harkness

Disasters significantly reduce the accessibility of justice particularly in rural locations. The bushfires, which ravaged three states in the south-east of Australia in…

Abstract

Disasters significantly reduce the accessibility of justice particularly in rural locations. The bushfires, which ravaged three states in the south-east of Australia in late 2019 and early 2020, have had catastrophic social and economic impacts on people, animals and places in rural areas. In the aftermath of disasters, people by necessity must inevitably avail themselves of legal advice and services: to negotiate new business contracts; re-mortgage property; access wills and testaments; attend court; and for a host of other matters. In rural communities, where access to legal services is already limited by distance and circumstance, disasters create increased demand, and access issues are accentuated. This chapter explores access to justice issues in post-disaster context and as they relate to rural, regional and remote communities. It draws upon post-disaster experiences nationally and internationally, outlining responses to improve access to legal services past and present, identifying effective responses. It argues that rurality creates additional barriers and reduces access to justice, and that disasters exacerbate existing access issues as well as creating new challenges.

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Book part
Publication date: 10 December 2003

Klaus Mladek

The figure of the “Kafkaesque” in law serves often as a stand-in for something like “perverted justice” and ranks prominently among the legal profession as a whole. But we…

Abstract

The figure of the “Kafkaesque” in law serves often as a stand-in for something like “perverted justice” and ranks prominently among the legal profession as a whole. But we should not soothe ourselves with such obvious clichés surrounding the “Kafkaesque,” rather we must continue to pursue the disturbing challenge Kafka poses for the analysis of the law. It is clear that Kafka’s texts hit a certain nerve of modern law that reaches well beyond these familiar punchlines. It is the task of this article to uncover some of the reasons why Kafka strikes such a strong cord with both legal scholars and people outside of academia alike.

Details

Studies in Law, Politics and Society
Type: Book
ISBN: 978-1-84950-252-8

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Article
Publication date: 11 January 2019

Helen M.G. Watt, John Ehrich, Sandra E. Stewart, Tristan Snell, Micaela Bucich, Nicky Jacobs, Brett Furlonger and Derek English

The purpose of this paper is to develop a professional self-efficacy scale for counsellors and psychologists encompassing identified competencies within professional…

Abstract

Purpose

The purpose of this paper is to develop a professional self-efficacy scale for counsellors and psychologists encompassing identified competencies within professional standards from national and related international frameworks for psychologists and counsellors.

Design/methodology/approach

An initial opportune sample of postgraduate psychology and counselling students (n=199) completed a ten-minute self-report survey. A subsequent independent sample (n=213) was recruited for cross-validation.

Findings

A series of exploratory analyses, consolidated through confirmatory factor analyses and Rasch analysis, identified a well-functioning scale composed of 31 items and five factors (research, ethics, legal matters, assessment and measurement, intervention).

Originality/value

The Psychologist and Counsellor Self-Efficacy Scale (PCES) appears a promising measure, with potential applications for reflective learning and practice, clinical supervision and professional development, and research studies involving psychologists’ and counsellors’ self-perceived competencies. It is unique in being ecologically grounded in national competency frameworks, and extending previous work on self-efficacy for particular competencies to the set of specified attributes outlined in Australian national competency documents. The PCES has potential utility in a variety of applications, including research about training efficacy and clinical supervision, and could be used as one component of a multi-method approach to formative and summative competence assessment for psychologists and counsellors. The scale may be used to assess students’ perceived competencies relative to actual competency growth against national standards, and to identify trainees’ and practitioners’ self-perceived knowledge deficits and target areas for additional training.

Details

Higher Education, Skills and Work-Based Learning, vol. 9 no. 3
Type: Research Article
ISSN: 2042-3896

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Article
Publication date: 1 April 2005

Edwin H.W. Chan and Henry C.H. Suen

Unfamiliar with the Chinese culture and ways of doing business, foreign architects/engineers/contractors (AEC) firms will encounter differences with the local parties…

Abstract

Purpose

Unfamiliar with the Chinese culture and ways of doing business, foreign architects/engineers/contractors (AEC) firms will encounter differences with the local parties. With reference to the characteristics of Chinese culture on disputes, this paper studies the problem areas of dispute and of resolving disputes in international construction projects in China. The objectives are to: examine the fundamentals of Chinese culture and ways of doing business; examine the characteristics of international projects and investigate any differences in the dispute problems arising from China International Projects; identify the most popular dispute resolution mechanism(s) for international projects in China; and recommend possible ways to reduce and resolve disputes of these projects.

Design/methodology/approach

After literature review, a questionnaire was designed for face‐to‐face interviews with 40 practitioners to collect their opinions.

Findings

The results show that the problem areas giving rise to disputes are mainly related to contractual matters. To reflect the characteristics of international projects in China, cultural and legal matters are also found to be the sources of problem. Arbitration is the most popular method, after negotiation, for resolving disputes in international construction projects in China.

Research limitations/implications

The number of interviewees in this study could be improved and further study could include experts in Mainland China.

Originality/value

There is not much literature on dispute resolution management for international construction projects in China, with particular reference to cultural differences. This paper offers an invaluable reference for those foreign AEC firms interested in joining international projects in China.

Details

Management Decision, vol. 43 no. 4
Type: Research Article
ISSN: 0025-1747

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Article
Publication date: 7 October 2019

Sherene Alicia Murray-Bailey

This paper aims to examine the socio-economic effect of money laundering in Trinidad and Tobago. It assesses the efficacy of the administration of justice in addressing…

Abstract

Purpose

This paper aims to examine the socio-economic effect of money laundering in Trinidad and Tobago. It assesses the efficacy of the administration of justice in addressing money laundering and the confiscation of the proceeds of crime. It identifies deficiencies within the existing anti-money laundering system and provides recommendations to ensure a robust anti-money laundering framework in keeping with international standards.

Design/methodology/approach

The paper embraces a pluralist approach. It uses qualitative and quantitative methods and uses a case study approach with contextual qualitative analysis. Empirical data are used and causal connections are linked to the analysis.

Findings

The paper highlights a fragmented and inefficient system in addressing money laundering and the confiscation of the proceeds of crime. It concludes that a robust money laundering framework, which meets international standards, requires strong legislative and institutional alignments that promote timeliness, collaboration and efficiency across many agencies.

Research limitations/implications

Findings are limited to Trinidad and Tobago and to the period ending December 2018. Accordingly, these findings lack generalisability.

Practical implications

Trinidad and Tobago needs to revisit its silo approach to anti-money laundering (AML). New policies which embrace harmonisation, collaboration and timeliness in adjudicating upon ML matters are critical.

Social implications

The negative socio-economic effects of money-laundering are considered in this paper. A disruption of money laundering and the confiscation of the proceeds of crime, benefits society economically and socially.

Originality/value

Trinidad and Tobago has been listed as a country with strategic AML deficiencies by the Financial Action Task Force (FATF). This study provides assistance in guiding much needed reform in the anti-money laundering area and has not before been undertaken.

Details

Journal of Money Laundering Control, vol. 22 no. 4
Type: Research Article
ISSN: 1368-5201

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Article
Publication date: 1 March 1981

Gillian Bull

Starting with an explanation of the language of law, the article outlines the characteristics of legal literature and the expectations of computer‐based systems. There…

Abstract

Starting with an explanation of the language of law, the article outlines the characteristics of legal literature and the expectations of computer‐based systems. There follows a brief evaluative survey of the development of major legal text retrieval systems throughout the world with an indication of the areas of research in progress. The final section deals with systems in the United Kingdom and the problems associated with research funding and the general organization of legal information in the country. 8 refs.

Details

Program, vol. 15 no. 3
Type: Research Article
ISSN: 0033-0337

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Book part
Publication date: 4 May 2020

Verónica Michel

In a country where judicial institutions are known to be inefficient and where activists have traditionally not engaged in legal mobilization, what explains the emergence…

Abstract

In a country where judicial institutions are known to be inefficient and where activists have traditionally not engaged in legal mobilization, what explains the emergence of NGO strategic litigation? The author argues that a change in the legal opportunity structure impacts how activists interact with the legal system. Comparing two states in Mexico, the author demonstrates that the introduction of private prosecution rights opened the door for activists to litigate femicide cases. The emergence of strategic litigation has helped improve compliance with international human rights law and has had a demonstration effect on how to use the law to press for accountability.

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Article
Publication date: 1 March 2002

Gordon Walker and Mark Fox

Asks the question: how can we enhance corporate governance practices in East Asia? To address this question, reviews recent research findings that have greatly enhanced…

Abstract

Asks the question: how can we enhance corporate governance practices in East Asia? To address this question, reviews recent research findings that have greatly enhanced our understanding of corporate governance practices in East Asian jurisdictions. Concludes by examining three areas of reform. First, investor protection may require radical changes to law and the enforcement of such laws. Second, market‐based changes, which do not require legal reform per se. Finally, observes that corporate governance may be enhanced through the use of mid‐1990s techniques of strategic management in national planning for capital market development.

Details

Corporate Governance: The international journal of business in society, vol. 2 no. 1
Type: Research Article
ISSN: 1472-0701

Keywords

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