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Article
Publication date: 25 October 2018

Ni Zhang, Yi-fei Pu, Suiquan Yang, Jinkang Gao, Zhu Wang and Ji-liu Zhou

This paper aims to build a legal intelligent auxiliary discretionary system for predicting the penalty and damage compensation values. After extensively considering…

Abstract

Purpose

This paper aims to build a legal intelligent auxiliary discretionary system for predicting the penalty and damage compensation values. After extensively considering current the characteristics of the current Chinese legal system, a practical legal intelligent auxiliary discretionary system based on genetic algorithm-backpropagation (GA-BP) neural network (NN) is proposed herein.

Design/methodology/approach

An experiment is designed to analyze cases involving mental anguish compensation in medical disputes, and a Chinese legal intelligent auxiliary discretionary adviser system is built based on a GA-BP NN. Because BP neural networks perform well for nonlinear problems and GAs can improve their ability to find optimal values, and accelerate their convergence, a combined GA–BP algorithm is used. In addition, an ontology is used to reduce the semantic ambiguities and extract the implied semantic information.

Findings

We confirm that a case-based legal intelligent auxiliary discretionary adviser system based on a GA-BP NN and ontology techniques has good performance in prediction. By predicting the mental anguish compensation values, the legal intelligent auxiliary discretionary adviser system can help judges to handle cases more quickly and ordinary people to discover the suggested compensation or penalty. In contrast to BP NN or SVM, the result seems more close to the actual compensation rate.

Practical implications

Recently, smart court has been developed in China; the purpose of which is to build the legal advice system for improving judicial justice and reducing differences in sentencing. A practical legal advice system is an urgent requirement for the judiciary.

Originality/value

This paper presents a study of a case-based legal intelligent auxiliary discretionary adviser system based on a GA-BP NN and ontology techniques. The findings offer advice to optimize legal intelligent auxiliary discretionary adviser systems for mental anguish compensation in medical disputes.

Details

The Electronic Library, vol. 36 no. 6
Type: Research Article
ISSN: 0264-0473

Keywords

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Article
Publication date: 1 April 2004

Georgios I. Zekos

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and…

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2578

Abstract

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

Details

Managerial Law, vol. 46 no. 2/3
Type: Research Article
ISSN: 0309-0558

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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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Article
Publication date: 1 January 2006

Elia Marzal

The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process…

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2524

Abstract

Purpose

The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of conferral of protection.

Design/methodology/approach

One main dimension is selected and discussed: the case law of the national courts. The study focuses on the legal status of immigrants resulting from the intervention of these national courts.

Findings

The research shows that although the courts have conferred an increasing protection on immigrants, this has not challenged the fundamental principle of the sovereignty of the states to decide, according to their discretionary prerogatives, which immigrants are allowed to enter and stay in their territories. Notwithstanding the differences in the general constitutional and legal structures, the research also shows that the courts of the three countries considered – France, Germany and Spain – have progressively moved towards converging solutions in protecting immigrants.

Originality/value

The research contributes to a better understanding of the different legal orders analysed.

Details

Managerial Law, vol. 48 no. 1/2
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 October 2001

John C. Groth and Amanda A. Roberts

This paper examines the critical importance of specific legal foundations common to economies that have developed and now enjoy high standards of living. It explains the…

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1348

Abstract

This paper examines the critical importance of specific legal foundations common to economies that have developed and now enjoy high standards of living. It explains the economic cycle and identifies the importance of a legal system to all types of capital and to the operation of the cycle to satisfy human need fulfillment. The paper also addresses how one economy’s lack of rudimentary legal foundations can contaminate or adversely affect extant economies, including well‐developed economies. It offers a prescription for legal elements essential to all economies that aspire to a “free market” and argues why leaders, policy makers, and providers of capital should promote and even insist on such foundations in emerging and transition economies. This paper should appeal to a broad array of individuals with an interest in the role of law in emerging and transition economies, including researchers, policy makers, strategists, and analysts.

Details

European Business Review, vol. 13 no. 5
Type: Research Article
ISSN: 0955-534X

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Article
Publication date: 1 May 2001

Nada Korac‐Kakabadse, Alexander Kouzmin and Phillip Reeves Knyght

Examines access to justice, within the Australian context of an adversarial system, from a consumer’s perspective. It is argued that the current system of justice…

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1818

Abstract

Examines access to justice, within the Australian context of an adversarial system, from a consumer’s perspective. It is argued that the current system of justice represents the most conservative element of Australian society and that the courtroom discourse structure and the legal professional code of practice do little to ensure access to justice or quality of service. Inequality in communication and in the distribution of wealth, affecting all spheres of social life, especially the legal system, pose major barriers to access to justice. Stemming from these two principal barriers to equality in access to justice, a multitude of other barriers are perceived to exist. These perceived barriers are magnified by various platforms of social and political analysis as well as historical, contextual factors and administrative action. Attention is drawn to the emerging need for a continuous alignment of administrative and justice systems with democratic justice principles and global social changes.

Details

Women in Management Review, vol. 16 no. 3
Type: Research Article
ISSN: 0964-9425

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Article
Publication date: 9 August 2021

Saldi Isra and Hilaire Tegnan

Legal syncretism seeks to provide a rather different account of how laws interact with one another as the people deal with them. The purpose of this study is to provide a…

Abstract

Purpose

Legal syncretism seeks to provide a rather different account of how laws interact with one another as the people deal with them. The purpose of this study is to provide a rather different account of how laws interact with one another as the people deal with them in the society.

Design/methodology/approach

This paper discusses the current concept of legal pluralism as to whether it really holds as the right theory for building a harmonious and trustworthy legal system in a multi-cultural country such as Indonesia. This study involves socio-legal research drawing on empirical data. It discusses the practice of legal pluralism in Indonesia by analyzing the characteristics of her legal system, especially the roles of customs and religion in it.

Findings

The research, conducted in five Indonesian cities, reveals that the current proposal of legal pluralism is not really helping to solve the difficulties faced by the Indonesian legal system. Therefore, this paper proposes legal syncretism or the theory of unity in diversity (bhineka tunggal ika) as an alternative to help cope with some of the difficulties faced by many legal systems in developing countries, especially Indonesia.

Originality/value

Although legal pluralism sounds promising, wrong and misleading interpretations have been provided by many of its proponents. Legal pluralism has been touted by many socio-legal scholars as a key concept in the analysis of law. Yet, after almost 20 years of such claims, there has been little progress in the development of the concept. Despite these confident pronouncements and the apparent unanimity that underlie them, however, the concept gives rise to complex unresolved problems. Legal syncretism seeks to provide a rather different account of how laws interact with one another as the people deal with them.

Details

International Journal of Law and Management, vol. 63 no. 6
Type: Research Article
ISSN: 1754-243X

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Book part
Publication date: 3 January 2015

Julia Shamir

While the concept of legal culture has been receiving a growing attention from scholars, this research often overemphasizes the similarity of the opinions held by…

Abstract

While the concept of legal culture has been receiving a growing attention from scholars, this research often overemphasizes the similarity of the opinions held by different segments of population. Furthermore, the relationship of migration and the change of legal-cultural attitudes has not received particular attention. Drawing on 70 in-depth interviews with the immigrants of the early 1990s from the former Soviet Union to Israel and the secular Israeli Jews, this chapter provides a comprehensive account of the various aspects of legal culture of these groups. The second important finding is the persistence of the legal-cultural attitudes and perceptions over time.

Details

Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78441-568-6

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Article
Publication date: 26 August 2021

Jan Winczorek

The links between moral communication and legal communication have long been studied in sociology of law. Little has yet been said about moral communication invoking when…

Abstract

Purpose

The links between moral communication and legal communication have long been studied in sociology of law. Little has yet been said about moral communication invoking when communication in the legal system is impossible, ineffective or uncertain. The paper fills this gap to demonstrate that systems theory-based sociology of law can effectively recognise the role of moral communication in such situations.

Design/methodology/approach

The paper presents an empirical study of moral communication in small and medium-sized enterprises (SMEs). It focused on situations when SMEs' interactions with function systems, particularly the legal system, result in irremovable legal uncertainty. The data depict strategies of managing such uncertainty and were obtained in a paths-to-justice survey of 7,292 owners and managers of SMEs and 101 in-depth interviews. The findings are interpreted using the author's concept of “uncertainty translation”, rooted in Luhmann's systems theory. It suggests that business organisations such as SMEs deal with the ubiquitous uncertainty in their operations by translating it into a convenient type.

Findings

The study distinguishes between formative and absorbing moral communication and finds that both types play a role in steering the uncertainty translation mechanism in SMEs. Six scenarios of invoking moral communication are identified in SMEs dealing with legal uncertainty. In such scenarios, moral communication facilitates the translation of business uncertainty “away from law”. Under some circumstances, this, in turn, leads to latent systematic results, reflexively affecting the legal system, the economic system and the SMEs.

Research limitations/implications

In its core argument, the study is based on qualitative material. While it identifies empirical scenarios of invoking moral communication, it does not report the prevalence of these scenarios due to methodological limitations.

Originality/value

The study results pose questions related to the staple theoretical issue in post-Luhmannian social systems theory: functional differentiation. If moral communication–a type of communication not linked to any social system–can produce far-reaching, systematic results that affect function systems, then the functional differentiation thesis should be less pronounced than Luhmann typically stressed. This said, the paper argues that the contradiction between the findings and Luhmannian theory of morality is only apparent and may be reconciled.

Details

Kybernetes, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 0368-492X

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Article
Publication date: 4 June 2020

Atthaphon Mumi, George Joseph and Shakil Quayes

Microfinance institutions (MFIs) play an important role in economic development, with the dual objectives of social outreach and financial self-sufficiency. The purpose of…

Abstract

Purpose

Microfinance institutions (MFIs) play an important role in economic development, with the dual objectives of social outreach and financial self-sufficiency. The purpose of this study is to examine the influence of organizational structure and variations in legal systems on the MFI dual performance goals.

Design/methodology/approach

Using a sample that includes 1,518 MFIs from 105 different countries over a period of 20 years, this study analyzes the data by applying a model that includes six categories of organizational structures and variations of legal systems, including both civil and common law, with accounting performance measures for the dependent variables.

Findings

The analyses provide robust results indicating that MFIs structured as non-governmental organizations (NGOs) have better social outreach than all other types of MFIs and exhibit better financial performance than MFIs registered as commercial banks or credit unions. Legal systems also played a role in MFI effectiveness.

Research limitations/implications

Given the increasing importance of MFIs on economic development globally, this study has relevance on how the impact of MFI structural characteristics and macro-level influences on their dual performance criteria can be translated into management approaches and governance policies that can increase the effectiveness of these dual (i.e. social and financial) goals.

Originality/value

This study is more comprehensive than prior research in addressing the influence of organizational structures of MFIs and legal systems on MFI dual mission, namely, its financial performance and social outreach, thereby increasing our understanding of policy implications in sustaining the MFI’s developmental role.

Details

Journal of Accounting & Organizational Change, vol. 16 no. 3
Type: Research Article
ISSN: 1832-5912

Keywords

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