Legal History eJournal最新文献_第6页

The Evolution of the European Regulatory Framework for Electronic Communications 欧洲电子通信监管框架的演变

Legal History eJournal Pub Date : 2013-12-01 DOI: 10.2139/ssrn.2509899

J. Bauer

{"title":"The Evolution of the European Regulatory Framework for Electronic Communications","authors":"J. Bauer","doi":"10.2139/ssrn.2509899","DOIUrl":"https://doi.org/10.2139/ssrn.2509899","url":null,"abstract":"The paper reviews the historical transformation of the European regulatory framework for electronic communications from the era dominated by state-owned enterprises to the presence of regulated competition. In the course of these developments, the vision of the roles of the public and private sectors in electronic communications changed in expected and unexpected ways. While the period is characterized by a shift toward less direct state intervention, the intensity of regulation has increased in many areas. Most recently, in the wake of the financial crisis, new forms of state intervention can be observed, including public investment in communications infrastructure and public-private partnerships. As a result of the reforms, Europe has been able to achieve major successes but it also suffered unanticipated setbacks compared to other regions. The European Union emerged as the global leader in mobile communications during the 1990s and was able to roll-out first-generation broadband access networks more rapidly than many of its peers. Recently, however, Europe as a whole has not performed as well in deploying next-generation networks and advanced mobile communications services. The paper offers a political-economic explanation for these developments and assesses their effects on the performance of the European electronic communications sector and the economy. From this analysis, the European model emerges as a unique institutional arrangement with peculiar advantages and disadvantages. Once these are recognized, sensible next steps to build the strengths while avoiding the weaknesses of the model can be seen more clearly.","PeriodicalId":254768,"journal":{"name":"Legal History eJournal","volume":"199 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124277345","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 8

Establishing State Responsibility for Historical Injustices: The Armenian Case 确立国家对历史不公的责任:亚美尼亚案例

Legal History eJournal Pub Date : 2013-11-30 DOI: 10.1163/15718123-01401010

Marco Roscini

引用次数: 4

Моделирование Структуры Коррупции (Modeling of the Structure of Corruption) МоделированиеСтруктурыКоррупции(腐败)结构的建模

Legal History eJournal Pub Date : 2013-11-27 DOI: 10.2139/ssrn.2360797

Danil Fedorovykh, M. Levin

{"title":"Моделирование Структуры Коррупции (Modeling of the Structure of Corruption)","authors":"Danil Fedorovykh, M. Levin","doi":"10.2139/ssrn.2360797","DOIUrl":"https://doi.org/10.2139/ssrn.2360797","url":null,"abstract":"Russian Abstract: Данная работа представляет собой обзор и анализ основных концепций и подходов к исследованию взаимосвязи структурных особенностей статических и динамических структур коррупционных отношений.В разделе 1 рассматриваются посредники как элементы структуры коррупции (посредники в очередях, «легальные» посредники, посредники в международной коррупции, недобросовестные посредники), их судебное преследование, коррупционный контракт и коррупционные цепочки. Кроме того, обсуждаются несколько моделей коррупции, в том числе симуляционная модель «искусственного общества» и модель «дилеммы взяткодателя».Раздел 2 носит название «Политическая коррупция и федерализм». Он посвящен обзору истории коррупции в постсоветской России. Последовательно рассматриваются меры, принимавшиеся разными правительствами на этом пути.English Abstract: This paper presents an overview and analysis of the basic concepts and approaches to the study of the relationship of structural features of the static and dynamic structures of corruption relations.Section 1 discusses the mediators as structural elements of corruption (intermediaries in queues, \"legal\" mediators, mediators in international corruption, unscrupulous middlemen), their prosecution, contract corruption and corruption chain. Also discussed are several models of corruption, including a simulation model of an \"artificial society\" model \"dilemma briber.\" Section 2 is called \"Political corruption and federalism.\" He is devoted to reviewing the history of corruption in post-Soviet Russia. Consistently considered the measures taken by various governments in this way.","PeriodicalId":254768,"journal":{"name":"Legal History eJournal","volume":"128 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130434692","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Introduction to Law and Economics 法律与经济学导论

Legal History eJournal Pub Date : 2013-09-24 DOI: 10.2139/ssrn.2330251

Kalpana Tyagi

引用次数: 1

Creation Stories: Myths About the Origins of Money 《创造故事:关于金钱起源的神话

Legal History eJournal Pub Date : 2013-07-30 DOI: 10.2139/SSRN.2252074

Christine A. Desan

{"title":"Creation Stories: Myths About the Origins of Money","authors":"Christine A. Desan","doi":"10.2139/SSRN.2252074","DOIUrl":"https://doi.org/10.2139/SSRN.2252074","url":null,"abstract":"A myth about the origins of money has long organized modern approaches to the medium. According to that creation story, money is the natural product of human exchange. It can be analogized to a commodity like silver that comes to hand out of the decentralized activity of trading or a convention like language that arises out of a consensus about the value of an item. But if we consider clues about money’s origins and extrapolate from its continuing practice, another story comes into focus. It suggests that money is a constitutional project, a mode of governance for a material world. Money is a means of mobilizing resources across a collective, one created when people advance in-kind value to a stakeholder in return for a unit that represents that advance. The process both entails material value – the advance to the stakeholder is real – and converts it into a form that everyone else recognizes – the advance holds independent value because it offers a countable measure that can be transferred to make final payments. Money creation tied to a fiscal backbone can be expanded in response to the demand for cash: that practice accords both with modern economic theory and the English medieval history that furnishes the setting here. In contrast to the dominating myths about money, the “stakeholder” creation story explains how each of money’s functions is institutionalized and how that activity shapes “the market” that is made by money.","PeriodicalId":254768,"journal":{"name":"Legal History eJournal","volume":"38 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126250713","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4

From a Global Informatics Order to Informatics for Development: The Rise and Fall of the Intergovernmental Bureau for Informatics 从全球信息学秩序到信息学发展:政府间信息学局的兴衰

Legal History eJournal Pub Date : 2013-06-25 DOI: 10.2139/ssrn.2827639

Julia Pohle

{"title":"From a Global Informatics Order to Informatics for Development: The Rise and Fall of the Intergovernmental Bureau for Informatics","authors":"Julia Pohle","doi":"10.2139/ssrn.2827639","DOIUrl":"https://doi.org/10.2139/ssrn.2827639","url":null,"abstract":"Based on a critical analysis of archival material and interviews, the paper redraws the little known history of the Intergovernmental Bureau for Informatics (IBI) and its role in the early international debate on digital technology. The organisation was created in the early 1960s and eventually ceased to exist in 1987, in a moment when computer technology became increasingly important as a means for communication. The paper shows how informatics and digital technology moved from a matter of little political disagreement to a highly politicized subject, increasingly linked to questions of national sovereignty and transnational dependence. Besides this political dimension of early debates on ICTs, the paper more generally underlines how the issue of access slowly moved from gaps in the implementation of national computer infrastructures to a wider debate on the informatization of society as a whole. It demonstrates how the initial techno-deterministic perspective on informatics evolved into a more societal perspective on information, leading to a new development paradigm around ICTs, where the dissemination of technology is not an end in itself, but an instrument to foster human exchanges. This perception paved the way for an alternative discourse on ICTs, which we could witness during the civil society involvement at the World Summit on the Information Society (WSIS) and in other recent debates on communication and Internet policies.","PeriodicalId":254768,"journal":{"name":"Legal History eJournal","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124853296","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

An Iron Mind in an Iron Body: Lord Kames and His Principles of Equity 铁的身体里的铁的头脑:卡姆斯勋爵和他的公平原则

Legal History eJournal Pub Date : 2013-06-20 DOI: 10.2139/SSRN.2282735

D. Carr

{"title":"An Iron Mind in an Iron Body: Lord Kames and His Principles of Equity","authors":"D. Carr","doi":"10.2139/SSRN.2282735","DOIUrl":"https://doi.org/10.2139/SSRN.2282735","url":null,"abstract":"Henry Home - better known by his judicial title Lord Kames - was an important figure in enlightenment Scotland. Kames published many books and essays across a variety of fields of knowledge. A substantial number of his publications related to his vocation as an advocate, and later a judge, in Scotland. This paper provides an introduction to Lord Kames' rich legal life, particularly the way it was shaped by his experience as a Scottish lawyer in eighteenth-century Edinburgh. The paper is an introduction to a reprint of the third edition of the Principles of Equity, part of the Old Studies in Scots Law series, published by the Edinburgh Legal Education Trust. One of Kames' most important legal works, the Principles of Equity subsequently achieved \"institutional\" status, that is to say it represents a formal source of law in Scotland. The Principles was the first systematic monograph treatment of equity in English, and contains a sophisticated analysis of the interaction of equity and common law in the abstract, and in relation to Scots law particularly. The paper considers Kames' historically informed account of an evolutionary development of equity, and its underlying justificatory premises, as set out in the Principles. The paper considers how lawyers, and others, in both Scotland and America, cited the Principles in reported cases and doctrinal writing, and how Kames' influence can be sketched through his legal and non-legal works. The final section of the paper considers Kames' subsequent reputation, noting the fluctuating respect accorded to Kames' works, including the Principles, by lawyers. The paper concludes that the on-going development of the meaning and relevance of institutional works in Scotland suggests that a renewed interest in Kames' critical approach is possible.","PeriodicalId":254768,"journal":{"name":"Legal History eJournal","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114464315","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

The Relevance of African Culture in Building Modern Institutions and the Quest for Legal Pluralism 非洲文化在建立现代制度和寻求法律多元化中的相关性

Legal History eJournal Pub Date : 2013-06-10 DOI: 10.2139/ssrn.2672362

S. Abebe

{"title":"The Relevance of African Culture in Building Modern Institutions and the Quest for Legal Pluralism","authors":"S. Abebe","doi":"10.2139/ssrn.2672362","DOIUrl":"https://doi.org/10.2139/ssrn.2672362","url":null,"abstract":"In light of the continued debate on the relevance and compatibility of traditional institutions to the modern state institutions in Africa, this Article attempts to highlight the significance of traditional institutions to improving governance in Africa and to prospects for improving the democratic features of traditional institutions to meet the demands of modern institutional development. The Article in particular argues that dismissing the relevance of traditional institutions by claiming they are incompatible to modern institutional values is not only inaccurate, but it also may further alienate the role of traditional institutions in Africa. The Article addresses divergent issues that help put the issue in perspective. The Article consists of three parts. Part I of the Article discuses the debate on the universalist versus relativist approach in relation to democratic and human rights principles and the impact of the ongoing debate on the nature of governance needed in Africa. Part II of the Article continues to highlight the features of African traditional institutions that have wider relevance to the principles of modern democracy. The last Part of the Article argues for the emergence of a system of legal pluralism whereby the formal and informal institutions flourish side-by-side until the informal systems are gradually integrated into the formal institutional system.","PeriodicalId":254768,"journal":{"name":"Legal History eJournal","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114923511","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 7

The Legacy of Classical Natural Law in Russian Dogmatic Jurisprudence in the Late 19th Century 古典自然法在19世纪末俄国教条法学中的遗产

Legal History eJournal Pub Date : 2013-05-27 DOI: 10.2139/ssrn.2286103

D. Poldnikov

引用次数: 2

Arguments from Natural Law Reevaluated Through a Dialogue between Legal History and Legal Theory 从法律史与法律理论的对话中重新评价自然法的论点

Legal History eJournal Pub Date : 2013-04-29 DOI: 10.2139/ssrn.2257754

D. Poldnikov

引用次数: 0