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1 – 10 of over 2000Lina María Castro Benavides, Johnny Alexander Tamayo Arias, Daniel Burgos and Alke Martens
This study aims to validate the content of an instrument which identifies the organizational, sociocultural and technological characteristics that foster digital transformation…
Abstract
Purpose
This study aims to validate the content of an instrument which identifies the organizational, sociocultural and technological characteristics that foster digital transformation (DT) in higher education institutions (HEIs) through the Delphi method.
Design/methodology/approach
The methodology is quantitative, non-experimental, and descriptive in scope. First, expert judges were selected; Second, Aiken's V coefficients were obtained. Nine experts were considered for the validation.
Findings
This study’s findings show that the instrument has content validity and there was strong consensus among the judges. The instrument consists of 29 questions; 13 items adjusted and 2 merged.
Originality/value
A novel instrument for measuring the DT at HEIs was designed and has content validity, evidenced by Aiken's V coefficients of 0.91 with a 0.05 significance, and consensus among judges evidenced by consensus coefficient of 0.81.
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Antonio Iudici, Miriam Stefano and Davide Binato
This study aims to provide an overview of studies concerning bias in law, particularly in judges’ decisions. The authors intend to bring to light the factors that can most…
Abstract
Purpose
This study aims to provide an overview of studies concerning bias in law, particularly in judges’ decisions. The authors intend to bring to light the factors that can most frequently lead to unequal decisions to enable judges to better perform their function.
Design/methodology/approach
A literature review was used as a methodology based on studies involving judges and juries.
Findings
The evidence reported by this review suggests how difficult the judge’s job is and how they can be unconsciously influenced by inferences, deductions and biases. The results show that the pleasantness of the witness and the confidence they exhibit during testification are crucial factors in influencing the decisions of judges and jurors. From these studies, it can be assumed that different personal aspects – smiling, pleasantness and the witness’s credibility – can be positively associated with each other, which could compromise the ongoing evaluation. Gender is another factor that can influence evaluations; in fact, witnesses are evaluated based on their own “gender” as well as that of the jurors. Another essential factor is self-confidence. Also, the age of both of the judge and of the witness can be a factor that influences decisions in court. Other factors such as communication effectiveness, degree of accuracy of reported information and non-verbal behaviour were also found to be important.
Research limitations/implications
Among the limitations of this research, the authors have to consider the low number of available research and that the most of these derive from a specific cultural context – the American one. There may also be limits to the way in which certain concepts are used in different parts of the world, particularly through a very broad construct, such as the credibility of witness.
Practical implications
This study highlights which inferences and biases can characterise decision-making processes and, above all, highlights the need for specific training courses aimed at managing the many processes involved in influencing human decisions.
Social implications
The authors believe that this work can raise awareness about the series of unconscious reasoning that may happen in the legal field, which has a major impact on people’s lives and on the general perception of justice.
Originality/value
In this research, the authors have considered some of the criteria that may intervene in the evaluation of witnesses, those present in the current scientific literature. From the research, it seems appropriate and necessary to provide judges with adequate training aimed at the recognition of their cognitive processes and bias. In fact, when they were made aware of them, they were less affected by bias, resulting in more objective and limiting improper inferences.
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Canada criminalized the nonconsensual distribution of intimate images in 2014. Lawmakers and commentators noted that this new offense would fill a legislative gap in relation to…
Abstract
Canada criminalized the nonconsensual distribution of intimate images in 2014. Lawmakers and commentators noted that this new offense would fill a legislative gap in relation to “revenge pornography,” which entails individuals (typically men) sharing intimate images of their ex-partners (typically women) online in an attempt to seek revenge or cause them harm. Feminist writers and activists categorize revenge pornography as a symptom and consequence of “rape culture,” in which sexual violence is routinely trivialized and viewed as acceptable or entertaining, and women are blamed for their sexual victimization. In this chapter, I analyze Canada's burgeoning revenge pornography case law and find that these cases support an understanding of revenge pornography as a serious form of communal, gendered, intimate partner violence, which is extremely effective at harming victims because of broader rape culture. While Canadian judges are taking revenge pornography seriously, there is some indication from the case law that they are at risk of relying on gendered reasoning and assumptions previously observed by feminists in sexual assault jurisprudence, which may have the result of bolstering rape culture, rather than contesting it.
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Leonardo Caixeta de Castro Maia, Daniel Masini Espindola and Cristiano Henrique Antonelli da Veiga
Studying the gap between improvements in operational performance of a manufacturing organization does not necessarily represent the existent of safe and healthy work. The purpose…
Abstract
Purpose
Studying the gap between improvements in operational performance of a manufacturing organization does not necessarily represent the existent of safe and healthy work. The purpose of this paper is to fill this gap validating a scale about social practices.
Design/methodology/approach
The literature was studied; data analysis instrument and the scale validated by Q-sort. The reliability and validity of research instrument indicators were drawing from the analysis of judges. The data were assessed by convergence matrix.
Findings
It was validated five social practices factors. It was enabled the adequacy of the name of the constructs and establishment which indicators better convergence to the constructs.
Research limitations/implications
The judge´s number that answered the research was low. The level of convergence related of two factors was above 50 percent.
Practical implications
It is possible to achieve better levels of performance through social practices. Organizations must rethink the management and the routine of the workers to implement the operational practices.
Social implications
The practices need to have with well-defined rules, as well as action to drive compliance. This vision also needs to be expanded to suppliers, customers and society.
Originality/value
Highlight five points: technology is the main factor for analyzes and decisions; the search for quality leads organizations to seek practices that improve workers’ well-being, health and safety; the activities of the worker are carried out on the factory, or in the work environment; Should not to belittle the local community; culture is an essential factor to continuous improvement.
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Over a decade since the Special Criminal Court (SCC) was established in Cameroon, hundreds of individuals have been indicted, tried and convicted. Sentences have been imposed…
Abstract
Purpose
Over a decade since the Special Criminal Court (SCC) was established in Cameroon, hundreds of individuals have been indicted, tried and convicted. Sentences have been imposed, most of which include a term of imprisonment (principal punishment/penalty) and confiscation as accessory penalty or punishment. Research focus has not been directed at the sentences which, as argued in this paper, are inconsistent, incommensurate with the amounts of money stolen and a significant departure from the Penal Code. This paper aims to explore the aspect of sentencing by the SCC.
Design/methodology/approach
To identify, highlight and discuss the issue of sentencing, the paper looks at a blend of primary and secondary materials: primary materials here include but not limited to the judgements of the SCC and other courts in Cameroon and the Penal Code. Secondary materials shall include the works of scholars in the fields of criminal law, criminal justice and penal reform.
Findings
A few findings were made: first, the judges are inconsistent in the manner in which they determine the appropriate sentence. Second, in making that determination, the judges would have been oblivious to the prescripts in the Penal Code, which provides the term of imprisonment, and in the event of a mitigating circumstance, the prescribed minimum to be applied. Yet, the default imposition of an aggravating circumstance (being a civil servant) was not explored by the SCC. Finally, whether the sentences imposed are commensurate with the amounts of monies stolen.
Research limitations/implications
This research unravels key insights into the functioning of the SCC. It advances the knowledge thereon and adds to the literature on corruption in Cameroon.
Practical implications
The prosecution and judges at the SCC should deepen their knowledge of Cameroonian criminal law, especially on the nature of liberty given to judges to determine within the prescribed range of the sentence to be imposed but also consider the existence of an aggravating factor – civil servant. They must also consider whether the sentences imposed befit the crime for which they are convicted.
Originality/value
The paper is an original contribution with new insights on the manner in which sentencing should be approached by the SCC.
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Erik Søndenaa, Terje Olsen, Patrick Stefan Kermit, Nina Christine Dahl and Robert Envik
The purpose of this paper is to examine the awareness of intellectual disabilities (ID) amongst professionals in the criminal justice system (CJS) and their knowledge of those…
Abstract
Purpose
The purpose of this paper is to examine the awareness of intellectual disabilities (ID) amongst professionals in the criminal justice system (CJS) and their knowledge of those persons, either as victims, witnesses, suspects, accused or defendants.
Design/methodology/approach
A survey of the professionals in the CJS (n=388), combined with a series of focus group interviews with experienced professionals (n=20), was conducted.
Findings
One out of three respondents (police, district attorneys and judges) reported that they have regular contact with suspects who have an ID. Differences in knowledge of ID amongst professionals in the CJS can explain awareness and detection of persons with ID.
Research limitations/implications
Non-responders may represent professionals with no knowledge or less interest in these issues.
Originality/value
Reflections on ID have not previously been studied in the Norwegian CJS. The findings serve as a basis and status quo for further research.
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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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Katri Kauppi and Davide Luzzini
Increasing amount of empirical research in operations and supply chain management is using institutional theory as its theoretical lens. Yet, a common scale to measure the three…
Abstract
Purpose
Increasing amount of empirical research in operations and supply chain management is using institutional theory as its theoretical lens. Yet, a common scale to measure the three institutional pressures – coercive, mimetic and normative – is lacking. Many studies use proxies or a single, grouped, construct of external pressures which present methodological challenges. This study aims to present the development of multi-item scales to measure institutional pressures (in a purchasing context).
Design/methodology/approach
First, items were generated based on the theoretical construct definitions. These items were then tested through academic sorting and an international survey. The first empirical testing failed to produce reliable and valid scales, and further refinement and analysis revealed that coercive pressure splits into two separate constructs. A second q-sorting was then conducted with purchasing practitioners, followed by another survey in Italy to verify the new measurement scale for four institutional pressures.
Findings
The multimethod and multistage measurement development reveals that empirically the three institutional pressures actually turn into four pressures. The theoretical construct of coercive pressure splits into two distinct constructs: coercive market pressure and coercive regulatory pressure.
Originality/value
The results of the paper, namely, the measurement scales, are an important theoretical and methodological contribution to future empirical research. They present a much-needed measurement for these theoretical constructs increasingly used in management research.
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This paper investigates the factors responsible for the emergence of different arrangements of state–society relations. Being concerned with the relations related to the…
Abstract
Purpose
This paper investigates the factors responsible for the emergence of different arrangements of state–society relations. Being concerned with the relations related to the industrial sector, this study focuses more on state–business–labor relations (SBLRs), especially on power dynamics between the main actors in these relations, namely, the state, tycoons, entrepreneurs and labor.
Design/methodology/approach
Based on power dynamics, four SBLR modes are identified and differentiated according to state power vis-à-vis non-state actors and tycoon power vis-à-vis the other non-state actors. The balanced mode is characterized by balanced power relations among the four considered actors. In the capture mode, tycoons are more powerful than other actors, including the state, although other nonsocial actors have organizational rights. The crony mode has powerful state, subservient tycoons who enjoy high levels of favoritism and low organizational power for the other social actors. Finally, the state-dominance mode has powerful state, low levels of favoritism to tycoons and low organizational power for all social actors. The paper then explores the factors responsible for the emergence of each of these modes by investigating the factors’ effects on state power and favoritism to tycoons. The investigated factors include historical political–economic, geographical, legal and cultural factors. The hypothesized effects of these factors are then tested using a random-effects probit regression model, investigating how the different factors affect the probability of the existence of the studied SBLR modes.
Findings
The results support much of the hypothesized relations and place more emphasis on some of the investigated factors. Earlier development is clearly responsible for the emergence of either the balanced or the state-capture SBLR mode. Geographical conditions favorable for development, such as latitude and metal richness, also lead to the emergence of either mode. The communist heritage, and more accurately the post-communist economic and incomplete political liberalism of the transition stage, contributed to the emergence of the state-capture SBLR mode. The British legal system, with the power it provides to non-state actors through the independence of judges and other measures, contributes to the emergence of the balanced SBLR mode. Cultural factors are largely responsible for the emergence of the crony SBLR mode, especially hierarchical and collectivist cultures, as well as ethnic fractionalization. On the other hand, the culture of Confucians has the strongest influence on the emergence of state dominance, while other cultures play a marginal role in its rise, and ethnic fractionalization marginally defuses the ability of the state to dominate without resorting to favoritism. Finally, access to rich natural resources, by enriching the state independently from social actors’ financial resources (e.g. taxation), marginally increases the probability of the emergence of the state-dominance mode.
Research limitations/implications
There is room for path dependency to explain the emergence of different SBLR modes in many countries. Unfortunately, the introduced regression model and any quantitative empirical work would not be able to effectively investigate such a process. Instead, an approach depending on case studies and a deeper investigation of country-specific historical political development is needed to complement the research done here. Conducting such an additional quest would help in reaching a more comprehensive understanding of why different countries have different SBLR modes. This should ultimately help in answering an equally important question: How to reverse engineer the emergence of favorable SBLR modes?
Practical implications
Although this paper did not investigate the economic merits or mischiefs of each of the studied modes, it is plausible to think of the balanced SBLR as the best mode. This is supported not only by the fact that most of the countries of this mode are developed countries but also by the attractiveness of the power dynamics governing this mode—a more balanced power among different SBLR actors. While some factors are almost impossible to replicate, for example, geographical factors, reform could target the factors that could be changed or mitigated. This is true for legal reform, especially for fostering the independence of judges. Culture is often regarded as a sticky institution. However, this is not always true, even though the change happens in the long run. A sort of dynamism should always be considered when referring to culture through time and space. Institutional reform could be instrumental in the long run in this regard. Conducting such reform with the help of such “exogenous” institutions should always consider the match between these institutions and “endogenous” institutions, such as culture. That is to say, the connection between democratization, fostering accountability and curbing favoritism and cultural values leaning toward these principles should be firmly established. Finally, a point of optimism is that—based on the results of this paper—reaching a high state of development could increase the chances of realizing a more balanced SBLR mode in the long run.
Originality/value
This paper represents a novel contribution to a topic that has hardly been addressed in the literature. The methodology that is used identifies different state–society relation modes and focuses on power relations in SBLRs is another important contribution to the present literature in many fields, such as institutional economics, socioeconomics and political economy.
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Michele Machado, Marcos Sousa, Vicente Rocha and Antonio Isidro
The purpose of this study is to identify innovation models in the judiciary according to the current integrated theoretical approach for innovation in services.
Abstract
Purpose
The purpose of this study is to identify innovation models in the judiciary according to the current integrated theoretical approach for innovation in services.
Design/methodology/approach
This study uses a quantitative approach. The authors collected the data through a questionnaire sent to labor court public servants and judges in a Regional Labor Court in the Midwestern region of Brazil. They performed a principal component analysis to identify the factors to map the innovation models present in the court.
Findings
Two factors were obtained from the results, which describe innovations in processes and services in the court studied. In terms of the examples of innovations cited by the respondents, one may note that those related to information and communications technology are the most remembered, especially the introduction of the electronic lawsuit.
Originality/value
The results can contribute toward a deeper understanding of which vectors of service innovation are affected as well as the nature of the court’s underlying structure. Also, the research instrument used allows the identification and analysis of the innovation model for services and thus contributes to its validation.
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