Asian Journal of Law and Society最新文献

A Dynamic Theory of Prosecutorial Roles in Adversarial Trials 对抗式审判中检察官角色的动态理论

IF 0.8 3区社会学

Asian Journal of Law and Society Pub Date : 2024-06-03 DOI: 10.1017/als.2024.12

Arushi Garg

引用次数: 0

Coexisting with Drug Addiction: Strategies Used by Hong Kong’s Older Mixed Users to Improve Their Perceived Quality of Life 与毒瘾共存：香港年长混合吸毒者改善生活质量的策略

IF 0.8 3区社会学

Asian Journal of Law and Society Pub Date : 2024-01-09 DOI: 10.1017/als.2023.12

Vincent S. Cheng

{"title":"Coexisting with Drug Addiction: Strategies Used by Hong Kong’s Older Mixed Users to Improve Their Perceived Quality of Life","authors":"Vincent S. Cheng","doi":"10.1017/als.2023.12","DOIUrl":"https://doi.org/10.1017/als.2023.12","url":null,"abstract":"\u0000 In Hong Kong, the percentage of older drug users has increased over the last two decades. However, the motivations behind their drug-use behaviours have received little research attention. This study focuses on older drug users who are enrolled in methadone treatment programmes but still use illicit drugs (mixed use). Some studies in the criminological literature and government discourse consider drug users to be passive and lacking self-control. However, in-depth interviews in with 25 older mixed users (aged over 50 years) in Hong Kong revealed that mixed use is one of the various strategies they actively employ to improve their self-perceived quality of life. Using the framework of the selective optimization with compensation model, this study (1) describes the strategies older mixed users adopt as active agents to improve their self-perceived quality of life while coexisting with their addiction; and (2) explains how these strategies were affected and constrained by Hong Kong’s prohibitionist drug policy. I infer that prohibitionist drug policies that emphasize on total drug abstinence may fail to cater to the needs of older drug users who have undergone several relapses and treatments in their lifetimes and do not think they can give up using drugs. This study also provides evidence to show how some drug users may act as active agents to manage and coexist with their addiction, and their agency seems to be constrained by the wider drug policy implemented in Hong Kong.","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"19 10","pages":""},"PeriodicalIF":0.8,"publicationDate":"2024-01-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139443830","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Liability Beyond Law: Conceptions of Fairness in Chinese Tort Cases 法律之外的责任：中国侵权案件中的公平概念

IF 0.8 3区社会学

Asian Journal of Law and Society Pub Date : 2023-12-12 DOI: 10.1017/als.2023.8

Rachel E. Stern, B. Liebman, Wenwa Gao, Xiaohan Wu

引用次数: 0

Neocolonial Digitality: Analyzing Digital Legal Databases Using Legal Pluralism 新殖民数字化:用法律多元主义分析数字法律数据库

3区社会学

Asian Journal of Law and Society Pub Date : 2023-10-04 DOI: 10.1017/als.2023.9

Salwa Tabassum Hoque

{"title":"Neocolonial Digitality: Analyzing Digital Legal Databases Using Legal Pluralism","authors":"Salwa Tabassum Hoque","doi":"10.1017/als.2023.9","DOIUrl":"https://doi.org/10.1017/als.2023.9","url":null,"abstract":"Abstract A prevalent assumption is that digital legal databases generate an exhaustive and inclusive archive for academics and legal professionals to use for gathering information. Bridging theories and methods from digital media studies and legal anthropology, I challenge this assumption and demonstrate how digitizing law is a politicized process that is tied to legacies of colonialism and modern epistemic frameworks of law and justice. Employing the concept of legal pluralism, I conduct a comparative study of urban secular state courts and rural Islamic/customary non-state courts ( shalish ) in Bangladesh to show how the construction of digital legal databases distorts and erases alternate frameworks of law and women’s socio-legal experiences. I discuss two significant use of digital legal databases to highlight why it is important to study the gaps and prejudices: (1) they are central to generating new forms of archives—digital archives; (2) they provide the data sets to help train artificial intelligence and influence automated outputs. I develop the term “neocolonial digitality” to explain how power related to legacies of colonialism and other forms of discrimination are embedded in the digitizing process. This concept also holds space for the newer forms of hierarchies, exclusions, and power structures that digitality permits, focusing on the particular harms marginalized communities encounter in the Global South.","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"111 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135592754","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Transformative Evolution of Human Dignity in Asia’s Modern State-Building Projects - Human Dignity in Asia: Dialogue Between Law and Culture. Edited by Jimmy Chia-Shin Hsu. Cambridge: Cambridge University Press, 2022. 386 pp. US$140.00 亚洲现代国家建设项目中人的尊严的变革演变-亚洲的人的尊严:法律与文化的对话。编辑:Jimmy Chia-Shin Hsu剑桥:剑桥大学出版社，2022。386页，140美元

3区社会学

Asian Journal of Law and Society Pub Date : 2023-09-22 DOI: 10.1017/als.2023.17

Yi-Li Lee

引用次数: 0

SCO and New Horizons for the Multi-Polar World - The Shanghai Cooperation Organization: Exploring New Horizons. By Sergey Marochkin and Yury Bezborodov (eds.), New York: Routledge, 2022. 262 pp. Hardcover $153.00 上海合作组织与多极世界的新视野——上海合作组织：探索新视野。Sergey Marochkin和Yury Bezborodov（编辑），纽约：Routledge，2022。262页精装本153.00美元

IF 0.8 3区社会学

Asian Journal of Law and Society Pub Date : 2023-07-05 DOI: 10.1017/als.2023.15

R. Khalafyan, S. Racheva

引用次数: 0

How Casinoization Affects the Police in Macao 赌场化对澳门警察的影响

IF 0.8 3区社会学

Asian Journal of Law and Society Pub Date : 2023-07-05 DOI: 10.1017/als.2023.11

Tang In Lao, Jianhua Xu

{"title":"How Casinoization Affects the Police in Macao","authors":"Tang In Lao, Jianhua Xu","doi":"10.1017/als.2023.11","DOIUrl":"https://doi.org/10.1017/als.2023.11","url":null,"abstract":"\u0000 The past two decades have witnessed Macao’s development into the casino capital of the world. Casinos have significantly transformed all respects of Macao society—a phenomenon termed as the casinoization of Macao. While much research has explored how casinoization has affected Macao’s socioeconomic developments, empirical research on the relationship between casinoization and law enforcement agencies is extremely limited. Using official statistics and interviews with serving and retired police officers as well as police applicants in Macao, this article examines the quick-money mentality, laissez-faire regulation, and the paradox of plenty, three features of casinoization, and their profound impact on the Macao police. First, the early phase of casino liberalization created a draining effect on human capital from the police force. Second, the lucrative casino tax revenues empowered the government to resolve the labour shortage issue and significantly improve the police image. Third, casinoization inadvertently reinforced the colonial legacy of laissez-faire regulation, hampering the progress of institutional reforms. Fourth, the decline of casino has contributed to the unprecedented “police fever” among the youth in Macao.","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2023-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44445836","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Algorithmic Credit Scoring in Vietnam: A Legal Proposal for Maximizing Benefits and Minimizing Risks 越南的算法信用评分：实现利益最大化和风险最小化的法律建议

IF 0.8 3区社会学

Asian Journal of Law and Society Pub Date : 2023-06-30 DOI: 10.1017/als.2023.6

Nicolás Laínez, J. Gardner

{"title":"Algorithmic Credit Scoring in Vietnam: A Legal Proposal for Maximizing Benefits and Minimizing Risks","authors":"Nicolás Laínez, J. Gardner","doi":"10.1017/als.2023.6","DOIUrl":"https://doi.org/10.1017/als.2023.6","url":null,"abstract":"\u0000 Artificial intelligence (AI) and big data are transforming the credit market around the world. Algorithmic credit scoring (ACS) is increasingly used to assess borrowers’ creditworthiness, using technology to glean non-traditional data from smartphones and analyze them through machine-learning algorithms. These processes promise efficiency, accuracy, and cost-effectiveness compared with traditional credit scoring. However, this technology raises public concerns about opacity, unfair discrimination, and threats to individual privacy and autonomy. Many countries in Southeast Asia are introducing ACS in consumer finance markets, although—even with the significant concerns raised—there is an ongoing and concerning lag in oversight and regulation of the process. Regulation is vital to delivering big data and AI promises in the financial services market, while ensuring fairness and public interest. This article utilizes Vietnam, where the lending industry deploys ACS but in a situation of legal limbo, as a case-study to analyze the consequences of this technology. Vietnam is one of the foremost Southeast Asian countries in which ACS usage is spreading rapidly, and this provides an excellent opportunity to review the regulation, or lack thereof, and determine the implications that this may have for other countries that are currently introducing ACS in consumer finance markets. The article concludes with a proposal to regulate ACS in Vietnam based on international regulation and guidelines on ACS, data privacy, and AI to enable a transparent, accessible, and fair process.","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"1 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41707713","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Asian Courts in Times of COVID: Virtualization and the New Normal 新冠肺炎时代的亚洲法院:虚拟化和新常态

3区社会学

Asian Journal of Law and Society Pub Date : 2023-06-01 DOI: 10.1017/als.2021.33

Alvin Yeo, Hock Keng Chan

引用次数: 0

The Constitution and Religion - Buddhism and Comparative Constitutional Law. By Tom Ginsburg & Benjamin Schonthal. Cambridge, UK: Cambridge University Press, 2023. 300 pp. Hardcover $125.00 宪法与宗教——佛教与比较宪法。作者：Tom Ginsburg和Benjamin Schonthal。英国剑桥：剑桥大学出版社，2023年。300页精装本$125.00

IF 0.8 3区社会学

Asian Journal of Law and Society Pub Date : 2023-05-24 DOI: 10.1017/als.2023.10

Rawin Leelapatana

引用次数: 0