Search result: 259 articles

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Article

Access_open The Quest for Behavioural Antitrust

Beyond the Label Battle, Towards a Cognitive Approach

Journal The Dovenschmidt Quarterly, Issue 2 2013
Keywords antitrust, behavioural economics, cognitive economics and law, predatory pricing, intent
Authors Luca Arnaudo
AbstractAuthor's information

    Over the past two decades behavioural economics has gained widespread consensus, and, as a consequence, is affecting many areas of law and economics. Antitrust is currently providing an interesting case study of this cultural-academic trend with a growing number of articles and comments focusing on “behavioural antritrust”. This article considers the state of the art of the behavioural approach to antitrust, taking the case of predatory pricing as useful test-bed for better evaluating practical perspectives of such an approach. The article suggests a “step beyond” by sketching a cognitive upgrade of antitrust. This move is coherent with a broader cognitive law framework that is in line with what is happening within contemporary economic theory.


Luca Arnaudo
Luca Arnaudo, Ph.D. Italian Competition Authority, Investigative Directorate Rome. This article benefited from comments and criticism from Harry Gerla, Giacomo Luchetta, Roberto Pardolesi, Maurice Stucke, participants at the VII National Convention of the Italian Society of Law and Economics, and two anonymous referees; usual disclaimers apply. Please send any comments to lucarnaudo@gmail.com.

José Monserrat Filho
Brazilian Association of Air and Space Law (SBDA), Brazilian Society for the Advancement of Science (SBPC), Brazilian Space Agency (AEB), jose.monserrat.filho@gmail.com.
Article

What Virtues and Formalities Can Do for Corporate Social Responsibility and the Rule of Law in China?

仁 礼 誠 人, 人 必 治 法, 法 修 其 德, 德 治 其 國

Journal European Journal of Law Reform, Issue 4 2012
Keywords Chinese rule of law, Corporate Social Responsibility (CSR), sustainability, Confucianism, formative free speech
Authors Jin Kong
AbstractAuthor's information

    This article explores sustainability problems in China and foreign interests on the ‘rule of law’ problems there. The article undertakes an organic process improvement method (Define, Measure, Analyze, Control – ‘DMAC’) in hope to improve the west’s expectations of China and China’s own becoming of a rule of law nation. Corruption and environmental problems are of particular interest; China’s legal and political reform histories serve as our starting point; synergies between Confucian mercantile philosophy and modern corporate social responsibility principles are the undertones. The article will first Define the scope of China’s environmental, social, and economic problems; it will Measure the effects of these problems by observing the ontological and metaphysical uniqueness of the Chinese notion of ‘rule of law’ from a historical perspective; the Analysis will involve identifying synergies between Confucianism and Corporate Social Responsibility (hereinafter ‘CSR’); from these observations, this article will submit to Controling steps. Consequently, this article recognizes the need for ‘humanity’ and ‘formality’, in the Chinese sense, to aid one’s becoming of a law-biding person in China. The Chinese people will Control the laws that matter to them; those laws will evolve to cure the virtues of the people they are to govern.


Jin Kong
Jin Kong is a JD Candidate at the Robert H. McKinney School of Law. Jin also writes on the topic of sustainability at his blog, The Green Elephant (dot) US – <www.thegreenelephant.us>. The Chinese subtitle is loosely translated as follows: ‘If there is humanity and formality to aid one’s becoming a law-abiding person in China, they wil control the laws that matter to them; those laws will surely cure the virtues of its people and it is from those virtues a nation can govern.’
Article

Structuring the Judiciary to Conduct Constitutional Review in the Netherlands

A Comparative and European Perspective

Journal European Journal of Law Reform, Issue 4 2012
Keywords centralized/decentralized constitutional review, Netherlands constitutional law, comparative law
Authors Gerhard van der Schyff
AbstractAuthor's information

    Whether a legal system decides to centralize or decentralize constitutional review by the judiciary is dependent on various factors. This article critically considers a host of these factors, ranging from the separation of powers to the desire to bring about far-reaching constitutional change and the possible impact of membership of the European Union, in studying whether in the Netherlands constitutional review should be centralized or decentralized upon its possible introduction. The conclusion is reached that although decentralization can be opted for under the current circumstances, a persuasive case for centralization can also be made and might even become stronger and inevitable depending on the course of future constitutional reform.


Gerhard van der Schyff
Gerhard van der Schyff is Senior Lecturer in Constitutional Law at Tilburg Law School, The Netherlands.
Discussion

Access_open Who is ‘we’?

Journal Netherlands Journal of Legal Philosophy, Issue 3 2012
Keywords democracy, we, world, self-government, democratic impulse
Authors Evert van der Zweerde
AbstractAuthor's information

    Which human material forms the real basis of a democratic polity, i.e. of the preconditions of a ‘we’ that inhabits a ‘world’? How is a political ‘we’ related to the ‘we’ that is created by systemic processes of subjectivization? These questions presents themselves with new relevance in a ‘globalized’ world, in which democratic spurts and waves spread from other parts of the world to the West, and in which the liberal-democratic rule of law state appears to be undermining its own moral preconditions. The real task ahead is to find out what ‘we’ denotes politically.


Evert van der Zweerde
Evert van der Zweerde is Professor of Political Philosophy at Radboud University, Nijmegen.
Discussion

Access_open ‘We Are Also Here.’ Whose Revolution Will Democracy Be?

Journal Netherlands Journal of Legal Philosophy, Issue 3 2012
Keywords democracy, public sphere, civil society, Arab Spring, feminism
Authors Judith Vega
AbstractAuthor's information

    Steven Winter’s argument is premised on a sharp contrast of individualist and social revolutions. I elaborate my doubts about his argument on three accounts, involving feminist perspectives at various points. First, I take issue with Winter’s portrayal of liberal theory, redirecting the focus of his concern to economic libertarianism rather than liberalism, and arguing a more hospitable attitude to the Kantian pith in the theory of democracy. Secondly, I discuss his conceptualization of democracy, adding the conceptual distinction of civil society and public sphere. Thirdly, I question his normative notion of socially situated selves as having an intrinsic relation to social freedom. I moreover consult cultural history on the gendered symbolics of market and democracy to further problematize Winter’s take on either’s meaning for social freedom.


Judith Vega
Judith Vega is Lecturer in Social and Political Philosophy at the University of Groningen, the Netherlands.

    In this reply, Steven L. Winter adresses his critics.


Steven L. Winter
Article

Access_open Globalization as a Factor in General Jurisprudence

Journal Netherlands Journal of Legal Philosophy, Issue 2 2012
Keywords general jurisprudence, globalization, global legal pluralism, legal positivism, analytical jurisprudence
Authors Sidney Richards
AbstractAuthor's information

    Globalization is commonly cited as an important factor in theorising legal phenomena in the contemporary world. Although many legal disciplines have sought to adapt their theories to globalization, progress has been comparatively modest within contemporary analytical jurisprudence. This paper aims to offer a survey of recent scholarship on legal theory and globalization and suggests various ways in which these writings are relevant to the project of jurisprudence. This paper argues, more specifically, that the dominant interpretation of globalization frames it as a particular form of legal pluralism. The resulting concept – global legal pluralism – comes in two broad varieties, depending on whether it emphasizes normative or institutional pluralism. This paper goes on to argue that these concepts coincide with two central themes of jurisprudence, namely its concern with normativity and institutionality. Finally, this paper reflects on the feasibility of constructing a ‘general’ and ‘descriptive’ jurisprudence in light of globalization.


Sidney Richards
Sidney Richards is Doctoral candidate in Law at Pembroke College at the University of Cambridge.
Article

Why the Inflation in Legislation on Women’s Bodies?

Journal European Journal of Law Reform, Issue 2-3 2012
Keywords legislation and control of women’s bodies, legislative drafting and the female autonomy, social and political theories and control of women’s bodies
Authors Venessa McLean
AbstractAuthor's information

    This article seeks to explore how historical patriarchal theories have crept into the world’s legal systems to date and has led to inflation in legislation upon women’s bodies. The article highlights how legislation has been used as a tool to deny women autonomy over their bodies by placing unnecessary controls upon women’s bodies by legislative, social and political systems and concludes by an examination of the discipline legislative drafting and how an active approach through drafting activism on the part of legislative drafters and policy makers may combat the inflation in legislation upon women’s bodies.


Venessa McLean
The author currently works at The Office of the Chief Parliamentary Counsel in Jamaica as a Legislative Officer. She is also Visiting Lecturer on the Special Narcotic Investigation Course Carribbean Regional Drug Law Enforcement Centre, Jamaica and Visiting Lecturer University of London External Degree Programme.
Article

Trade in Oil and Export Restrictions

Taking the Organization of the Petroleum Exporting Countries to the WTO Court

Journal European Journal of Law Reform, Issue 1 2012
Keywords WTO, dispute settlement, US, OPEC, oil
Authors Bashar H. Malkawi
AbstractAuthor's information

    The Organization of the Petroleum Exporting Countries (OPEC), as seen by observers, resembles a greedy international cartel that preys on the public in defiance of market competition. High oil prices are considered as a principal cause of the US economic woes. Some US congressmen pinpointed OPEC’s alleged inconsistency with the World Trade Organization (WTO) rules and called upon the US administration to open dispute settlement proceedings against OPEC. This article discusses the legal issues arising from a US action at the WTO level against OPEC countries. The first sections of the article comprise an institutional review of the WTO and OPEC. The article addresses the interplay between the WTO and OPEC. It then illustrates the central provisions of the WTO that can be used for arguments and counter-arguments concerning such a WTO action. It culminates with a set of concluding thoughts.


Bashar H. Malkawi
Associate Professor of Commercial Law, University of Sharjah, UAE. He received his LL.B from Yarmouk University in 1999, LL.M from University of Arizona College of Law in 2001, S.J.D from American University, Washington College of Law in 2005. The author would especially like to thank the two outside reviewers for their direction, feedback and invaluable insight. He also thanks the law journal editors and staff writers for their hard work in polishing the article.
Article

Access_open Boosting Our Future Quotient

Journal The Dovenschmidt Quarterly, Issue 1 2012
Keywords intergenerational, future-readiness, paradigm shift, future quotient, leadership dimensions, sustainability
Authors John Elkington
AbstractAuthor's information

    This article argues that efforts to implement CSR and sustainability will need increasingly long-term strategy and action, at a time when both our financial and ecological systems are in growing crisis. The resulting need to wind down dysfunctional economic and business models of the nineteenth and twentieth century is increasingly apparent. New ones now need be created that are fit for the future. This will be a future with powerful new players (e.g. China, India, Brazil) and with more than 9 billion people in a world already in “ecological overshoot. We need to the opportunity to create and shape a new order that will meet the needs of present and future generations.The article introduces the FQ concept, spotlights some key dimensions of high FQ-leadership and begins to sketch out a method to measure the future-readiness of leaders. In this context, the MindTime concept is presented as a potential tool to identify and evolve the relevant styles of thinking. The author identifies some sectors with a particular propensity for long-term thinking and concludes that high-FQ leaders demonstrate a number of specific characteristic, summarized here in what is dubbed the 7Cs approach.


John Elkington
Executive Chairman of Volans (<www.volans.com>) and Non-Executive Director at SustainAbility (<www.sustainability.com>).

Simone Glanert
Senior Lecturer in French and European Comparative Law, Kent Law School, Eliot College, Canterbury, Kent, CT2 7NS, UK; S.Glanert@kent.ac.uk. I presented early formulations of this argument at the RELINE Network for Interdisciplinary Studies in Language and the Law Seminar, Faculty of Law, University of Copenhagen, on 25 October 2011; at the Faculté de Droit, Université de Montréal, on 27 January 2012; at the 4th Annual Meeting of the Irish Society of Comparative Law (ISCL), Faculty of Law, University of Cork, on 2 March 2012; and at the Faculté de Droit, Université de Grenoble, on 22 March 2012. I am grateful to Anne Lise Kjær, Jean-Franois Gaudreault-DesBiens, Bénédicte Fuller-Sage and David Dechenaud for their kind expression of interest in my work and generous invitations.

Marlies Galenkamp
Associate Professor in Legal Philosophy, Erasmus School of Law, Erasmus University Rotterdam, The Netherlands. E-mail: Galenkamp@law.eur.nl.
Discussion

Access_open Human Rights, and the Destructive Communications and Actions of Differentiated Society

Journal Netherlands Journal of Legal Philosophy, Issue 3 2011
Keywords communication, one-sided rationality, human rights, bare body and mind, inclusion, action, exclusion
Authors Wil Martens
AbstractAuthor's information

    This contribution raises two questions with regard to Teubner’s view on human rights. First and foremost, it asks how one might conceive of modern society as a threat to human beings. Attention is brought to bear on Teubner’s attempt to describe society as a matter of communication, and more specifically as a set of one-sided communication systems. In this regard, I scrutinise the attempt to describe the threat of society in terms of inclusion/exclusion and criticise the vacuity of the concept of inclusion. Secondly, it questions Teubner’s description of human beings that demand justice and protection by human rights. Are their demands about the bare existence of body and mind? Moreover, are these concerns identical to worries about the destruction of human presuppositions for the self-reproduction of functional social systems, as Teubner suggests? Against Teubner, I contend that human rights are actually about social human beings that ask for justice as acting beings, which claim does not coincide with presuppositions of societal subsystems.


Wil Martens
Wil Martens is Assistant Professor of Organisational Development and Senior Researcher at the Nijmegen School of Management at the Radboud University Nijmegen, the Netherlands.
Discussion

Access_open The Destruction and Reconstruction of the Tower of Babel

A Comment to Gunther Teubner’s Plea for a ‘Common Law Constitution’

Journal Netherlands Journal of Legal Philosophy, Issue 3 2011
Keywords global society, constitutionalism, social systems theory, Teubner, law and order
Authors Bart van Klink
AbstractAuthor's information

    This article presents some critical comments concerning the conceptual, normative and institutional foundations of Teubner’s plea for a ‘common law constitution’. My comments question the desirability of the means chosen for attaining this objective as well as their efficacy. In particular, I have difficulties with the ambivalent role that is assigned to man, either as a person or as a human being; with the reduction of social problems to problems of communication; and, finally and most importantly, with the attempt to conceive of law and politics beyond established legal and political institutions, which in my view is doomed to fail. The conclusion offers some tentative suggestions for an alternative approach.


Bart van Klink
Bart van Klink is Professor of Legal Methodology at the Faculty of Law of the VU University Amsterdam, the Netherlands.

Jonathan F. Galloway
Lake Forest College
Article

Negen argumenten voor en tegen het verlagen van de kiesgerechtigde leeftijd

Journal Res Publica, Issue 4 2011
Keywords voting age, political debate, enfranchisement
Authors Henk van der Kolk and Kees Aarts
AbstractAuthor's information

    Using literature, documents and parliamentary debates in Britain, Germany, The Netherlands, Austria, and Switzerland, nine arguments for and against lowering the voting age to sixteen are distinguished and critically assessed. The assessment is based on criteria such as logical consistency and empirical validity. It is argued that most arguments can hardly be defended with these criteria. However, this does not mean that the case for lowering the voting age is weak. This would only be the case if a voting age of eighteen is considered as valuable in its own right.


Henk van der Kolk
Henk van der Kolk is als universitair hoofddocent verbonden aan de faculteit Management en Bestuur van de Universiteit Twente. Hij geeft onderwijs in Methoden en Technieken en Politicologie. Hij publiceerde (samen met anderen) in onder meer PS, Electoral Studies en Local Government Studies. Hij is verder onder meer medeverantwoordelijk voor het Nationaal Kiezersonderzoek.

Kees Aarts
Kees Aarts is hoogleraar Politicologie aan de Universiteit Twente en wetenschappelijk directeur van het Institute for Innovation and Governance Studies (IGS). Zijn onderzoek richt zich op democratie, verkiezingen en kiesgedrag.

Alan Hodgart
Director of Hildebrandt International, London.

Markus U. Diethelm
Markus U. Diethelm is the Group General Counsel of Swiss Reinsurance Company, Zurich, Switzerland (lic.iur. University of Zurich Law School. JSM/JSD Stanford University). Swiss Re is one of the world's leading and financially strongest reinsurers, with roughly 9000 employees and gross premiums in 1999 of CHF 22.4bn. Swiss Re does business from over 70 offices in more than 30 countries. The world over, Swiss Re offers its clients added value in classic insurance covers, alternative risk transfer (ART) instruments and a broad range of supplementary services for comprehensive risk management.

Michael Pfeifer
Lecturer of Law, University of St. Gallen, Switzerland, and University of Basel, Switzerland, Master of European and International Business Law (M.B.L.-HSG) at St. Gallen University; Partner, VISCHER attorneys at law, Basel, Switzerland.

Jens Drolshammer
Professor of Law, Titularprofessor für Angloamerikanisches Recht und Rechtsgeschäftsplanung und -gestaltung University of St. Gallen, Switzerland; Co-Founder and President of the Commission and Lecturer on Law, Master of European and International Business Law (M.B.L.-HSG) and Master of International Management Programmes at St. Gallen University; Partner, Homburger Rechtsanwälte, Zürich, Switzerland; Visiting Scholar and Fellow, Harvard Law School (Spring 1999).
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