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Special Issue "10th Anniversary of Laws — Feature Papers"

A special issue of Laws (ISSN 2075-471X).

Deadline for manuscript submissions: closed (1 November 2021) | Viewed by 20534

Special Issue Editor

Prof. Dr. Patricia Easteal
E-Mail Website1 Website2
Guest Editor
1. School of Law and Justice, University of Canberra, Bruce ACT 2617, Australia
2. Legal Light Bulbs, Flynn ACT 2615, Australia
Interests: women and the law; domestic violence; sexual assault; workplace abuses; family law
Special Issues, Collections and Topics in MDPI journals

Special Issue Information

Dear Colleagues,

The Laws journal was funded in 2011. During these 10 years, Laws has published more than 360 papers from more than 590 authors. More than 870 reviewers have submitted at least one review report. Our sincerest thanks go to our authors, anonymous peer reviewers, editors, readers, and all the people working in some way for the journal who have joined their efforts for years. These highlights would not have occurred without your participation.

The year 2021 marks its 10th anniversary and its acceptance for coverage in the Emerging Sources Citation Index (ESCI) in Web of Science. We are thus excited to celebrate the Laws journal’s 10th anniversary with a Special issue. This Special Issue includes high-quality papers, which illustrate the global authorship and broad scope of law-related articles. We would like to invite you to contribute an original research paper or a comprehensive review article.

Prof. Dr. Patricia Easteal
Guest Editor

Manuscript Submission Information

Manuscripts should be submitted online at www.mdpi.com by registering and logging in to this website. Once you are registered, click here to go to the submission form. Manuscripts can be submitted until the deadline. All papers will be peer-reviewed. Accepted papers will be published continuously in the journal (as soon as accepted) and will be listed together on the special issue website. Research articles, review articles as well as short communications are invited. For planned papers, a title and short abstract (about 100 words) can be sent to the Editorial Office for announcement on this website.

Submitted manuscripts should not have been published previously, nor be under consideration for publication elsewhere (except conference proceedings papers). All manuscripts are thoroughly refereed through a double-blind peer-review process. A guide for authors and other relevant information for submission of manuscripts is available on the Instructions for Authors page. Laws is an international peer-reviewed open access quarterly journal published by MDPI.

Please visit the Instructions for Authors page before submitting a manuscript. Submitted papers should be well formatted and use good English. Authors may use MDPI's English editing service prior to publication or during author revisions.

Published Papers (9 papers)

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Research

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Article
Smart Justice in Italy: Cases of Apps Created by Lawyers for Lawyers and Beyond
Laws 2022, 11(3), 51; https://doi.org/10.3390/laws11030051 - 19 Jun 2022
Viewed by 1394
Abstract
The smart city literature states that three levels of institutional layers (regulatory, normative, and cognitive) and four typologies of actors (government, universities, citizens, and the private sector) support private initiative for developing smart technologies. Focusing on the emergent phenomenon of smart apps ideated [...] Read more.
The smart city literature states that three levels of institutional layers (regulatory, normative, and cognitive) and four typologies of actors (government, universities, citizens, and the private sector) support private initiative for developing smart technologies. Focusing on the emergent phenomenon of smart apps ideated by lawyers’ private initiatives, this paper acknowledges that other factors, including the ubiquity of mobile technologies and the absence of effective public services provided by public institutions, contribute to the institutional and organizational humus necessary for the creation of intelligent technological proposals. In the light of the organizational theory framework, and based on the analysis of the literature on smart cities and e-justice and on the empirical investigation of two Italian lawyers’ apps (Collega and Anthea), this paper identifies the institutional, organizational, and technological conditions under which smart technologies are being developed in high-regulated public institutions’ contexts as justice systems. The findings of the study described in this paper help integrate the contribution of the literature on the topic. Full article
(This article belongs to the Special Issue 10th Anniversary of Laws — Feature Papers)
Article
The Form and Formation of Constitutionalism in India
Laws 2022, 11(2), 33; https://doi.org/10.3390/laws11020033 - 07 Apr 2022
Viewed by 2510
Abstract
To allow for the effective functioning of a state, measures are necessary to limit the power of government, securing to the people certain fundamental human rights. These limitations are frequently referred to as ‘constitutionalism’. This essay explores the nature of constitutionalism found in [...] Read more.
To allow for the effective functioning of a state, measures are necessary to limit the power of government, securing to the people certain fundamental human rights. These limitations are frequently referred to as ‘constitutionalism’. This essay explores the nature of constitutionalism found in India, and specifically as it has evolved through judicial interpretation—the process whereby judicial decisions have given meaning and content to the written constitution. In this way, the judiciary has balanced the power of government with the rights of the people. Constitutionalism is indispensable to effective governance, balancing power with right. Full article
(This article belongs to the Special Issue 10th Anniversary of Laws — Feature Papers)
Article
The Judicial Assessment of ‘Expert Evidence’ in the United Kingdom’s Immigration and Asylum Chamber
Laws 2022, 11(2), 32; https://doi.org/10.3390/laws11020032 - 06 Apr 2022
Viewed by 2232
Abstract
This paper examines the role of cultural evidence submitted by anthropologists and social scientists to assist individuals seeking asylum in the United Kingdom. Expert evidence is an essential element in the way that Immigration Judges decide asylum claims. The paper begins by looking [...] Read more.
This paper examines the role of cultural evidence submitted by anthropologists and social scientists to assist individuals seeking asylum in the United Kingdom. Expert evidence is an essential element in the way that Immigration Judges decide asylum claims. The paper begins by looking at the role of experts and the limits of scientific evidence in the legal process. I set out the context in which expert evidence features in the First-Tier Tribunal of United Kingdom’s Immigration and Asylum Chamber (IAC). I then show how Immigration Judges in the Upper Tribunal of the IAC assess expert evidence in ‘country guidance’ cases decided between 2015 and 2019. Analysis reveals that experts submit a range of different types of evidence, that judges problematically assess this evidence and that there are serious defects in the judicial process. I conclude by suggesting ways to mediate between the very different roles, perceptions and training of experts, lawyers and judges. Full article
(This article belongs to the Special Issue 10th Anniversary of Laws — Feature Papers)
Article
Mapping Women’s and Men’s Pathways into Thailand’s Prisons for Homicide and Sex Offences: Utilising a Feminist Pathways Approach
Laws 2022, 11(2), 30; https://doi.org/10.3390/laws11020030 - 31 Mar 2022
Viewed by 2261
Abstract
In feminist criminology, there is a growing body of research exploring pathways to prison, but few studies have specifically sought to map women’s journeys into the criminal justice system for crimes of physical violence and sex offending. Gender comparative research is sparse, and, [...] Read more.
In feminist criminology, there is a growing body of research exploring pathways to prison, but few studies have specifically sought to map women’s journeys into the criminal justice system for crimes of physical violence and sex offending. Gender comparative research is sparse, and, to date, we know little about women and men imprisoned in Thailand for these types of crimes. Subsequently, in this paper, we report findings from a gender comparative feminist pathways study conducted in Thailand, with a specific focus on violence and sex offending; namely, homicide, sexual assault, human trafficking, and sex work-related offences. We utilise a qualitative analysis of life-history interviews to centre and value these women’s and men’s voices, establish their backstories, and thematically map their imprisonment trajectories. Three pathways to prison emerged: (1) lifestyles of contravention, (2) harmed and harming, and (3) destructive masculinity. Utilising the participants’ descriptions, we highlight similarities and variance by gender within and between these pathways. Full article
(This article belongs to the Special Issue 10th Anniversary of Laws — Feature Papers)
Article
Analogy in the Civil Law Assessment of Co-Working Agreements in Russia
Laws 2022, 11(2), 24; https://doi.org/10.3390/laws11020024 - 17 Mar 2022
Viewed by 2094
Abstract
The study’s relevance stems from the wider and more active use of shared workstations and the increasing demand for an adequate civil law assessment of contractual co-working relations. The research goal was to identify and, using the analogy, evaluate possible models of legal [...] Read more.
The study’s relevance stems from the wider and more active use of shared workstations and the increasing demand for an adequate civil law assessment of contractual co-working relations. The research goal was to identify and, using the analogy, evaluate possible models of legal assessment of co-working contracts from the perspective of civil law. The research methods include special technical and legal tools, such as legal modeling, doctrinal civil means of analysis and synthesis, induction and deduction, and generalization. The research identified the theoretical and law enforcement ambiguity in the legal assessment of co-working contracts and the recommendations on the direct and analogic application of existing civil law instruments to solve this problem. The significance of the study includes its potential to promote co-working as an innovative format for organizing business, work activities, and contributing to an overall increase in the efficiency of civil transactions in Russia. The results of the work may be useful not only for Russian actors, but also for actors in those jurisdictions where co-working also does not have a direct civil law enforcement. At the same time, the research focuses on the potential of analogy in overcoming the ambiguity of the legal regime of new economic phenomena and in creating new legal structures. Full article
(This article belongs to the Special Issue 10th Anniversary of Laws — Feature Papers)
Article
Legal Instruments to Support Short Food Supply Chains and Local Food Systems in France
Laws 2022, 11(2), 21; https://doi.org/10.3390/laws11020021 - 08 Mar 2022
Cited by 3 | Viewed by 2577
Abstract
The aim of the study is to identify legal instruments, implemented in France, supporting short food supply chains and, more generally, local food systems. The research has identified these tools from a variety of domains and levels, including national laws, government policies, and [...] Read more.
The aim of the study is to identify legal instruments, implemented in France, supporting short food supply chains and, more generally, local food systems. The research has identified these tools from a variety of domains and levels, including national laws, government policies, and local government initiatives, and analysed them in relation to various forms of short supply chains present in French territory, which are the key components of local food systems, such as direct marketing, producers’ stores, basket systems, urban agriculture, and deliveries to public catering. Overall, the French instruments are multiple, diverse, mostly innovative, take into account social, environmental, and solidarity values, and can be good examples to follow. Most of them are established at the local level, being thus an expression of new models of local food governance, corresponding to the values of a participative economy and food democracy. Full article
(This article belongs to the Special Issue 10th Anniversary of Laws — Feature Papers)
Article
Genetic Discrimination in Access to Life Insurance: Does Ukrainian Legislation Offer Sufficient Protection against the Adverse Consequences of the Genetic Revolution to Insurance Applicants?
Laws 2022, 11(1), 2; https://doi.org/10.3390/laws11010002 - 29 Dec 2021
Viewed by 2842
Abstract
This paper presents an inter-disciplinary study of the risk for, and protections against, genetic discrimination in access to life insurance in Ukraine. It aims (i) to review questions related to genetic information, health status, and family history currently included in Ukrainian life insurance [...] Read more.
This paper presents an inter-disciplinary study of the risk for, and protections against, genetic discrimination in access to life insurance in Ukraine. It aims (i) to review questions related to genetic information, health status, and family history currently included in Ukrainian life insurance application forms; (ii) to analyze the Ukrainian legislation related to equity and nondiscrimination and to determine whether it provides adequate protection against genetic discrimination (GD). Research findings of our insurance application forms review show that Ukrainian life insurance companies ask broad questions about health and family history that may be perceived by applicants as requiring the disclosure of their genetic information. Our legal analysis shows that today there are no genetic specific law protecting Ukrainians people against GD in insurance. However, Ukrainian human rights legislation provides some protection against multiple grounds of discrimination and given the ratification by Ukraine of the European Convention on Human Rights it is possible that these grounds could be interpreted by tribunals as also including genetic characteristics. As a next step, Ukrainian researchers should develop a survey to obtain much needed data on the incidence and impact of GD in Ukraine. Following this it will be possible for policymakers to better assess whether there is a need for an explicit non-GD law in this country. Such a law would have the benefit of explicitly aligning Ukraine’s legal framework with that of many of its European partners. Full article
(This article belongs to the Special Issue 10th Anniversary of Laws — Feature Papers)

Review

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Review
Direct Digital Services Taxes in Africa and the Canons of Taxation
Laws 2022, 11(4), 57; https://doi.org/10.3390/laws11040057 - 15 Jul 2022
Cited by 1 | Viewed by 1594
Abstract
The unprecedented expansion of the digital economy has increased the intricacy of mobilising tax revenues from both domestic and international transactions. Tax evasion and avoidance are perpetuated by the invisible nature of digital transactions. To minimise the untapped revenues, countries all over the [...] Read more.
The unprecedented expansion of the digital economy has increased the intricacy of mobilising tax revenues from both domestic and international transactions. Tax evasion and avoidance are perpetuated by the invisible nature of digital transactions. To minimise the untapped revenues, countries all over the world are mapping policy strategies on how to collect revenue from this sector. African countries are not an exception. They have constructed digital tax policies to levy both direct and indirect taxes on digital transactions. This paper focuses on direct digital service taxes (DSTs). Direct digital service taxes have been an issue of debate among governments, policy makers, academics, tax bodies, and development organisations. Disagreements coalesce around their structure, their adherence to the canons of taxation, opportunities, and challenges as well as consequences of implementing them. Through a literature review, this paper assesses the legislative structure and administration of digital service taxes in relation to the canons of taxation. The findings of the review were conflicting. While certain aspects, motives, and possible outcomes of the taxes upheld the principles of taxation, some of these were conflicting with the principles. This could possibly be linked to variations in the economic, political, and social contexts in African countries and between developed and developing countries. The study recommends that while digital service taxes are an irrefutable necessity to tap tax revenues from the digital economy, African countries should ensure that equity, neutrality, economy, and efficiency among other principles are considered and balanced with the fundamental roles of tax policy. Full article
(This article belongs to the Special Issue 10th Anniversary of Laws — Feature Papers)
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Review
The Conceptual Model of Role Stress and Job Burnout in Judges: The Moderating Role of Career Calling
Laws 2022, 11(3), 42; https://doi.org/10.3390/laws11030042 - 11 May 2022
Cited by 1 | Viewed by 2036
Abstract
Judges are the central actors in the organization and functioning of the judicial system. Concerns about work efficiency, driven by the European Commission for the Efficiency of Justice, led countries to adopt a set of reforms in line with private sector ideals applied [...] Read more.
Judges are the central actors in the organization and functioning of the judicial system. Concerns about work efficiency, driven by the European Commission for the Efficiency of Justice, led countries to adopt a set of reforms in line with private sector ideals applied to the public field to better manage their financial and human resources. In the last decades, the Portuguese judicial system has undergone a reform based on New Public Management principles by adopting the new Law on the Organization of the Judiciary System (LOSJ), significantly altering judges’ duties, who beyond their traditional role of applying the law, perform the additional role of court-of-law judge-manager. The objective of this study is to explore the influence of role conflict and role ambiguity in occupational burnout among judges and to analyze the influence of calling orientation as a moderating variable, so as to present a conceptual model of role-stress management among the judiciary. Theoretically, this work contributes to the literature on role-stress management through its introduction of calling moderation, as well as to the literature on the positive influence of calling on burnout. In terms of its practical implications, the work contributes to a reconsideration of the current organizational structure of judicial work. Full article
(This article belongs to the Special Issue 10th Anniversary of Laws — Feature Papers)
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