Transformative Technologien

2021 ◽  
Keyword(s):  
Media Studies ◽  
Digital Transformation ◽  
Disruptive Effect ◽  
Normative Concepts ◽  
Dual Character ◽  
Technical Innovations ◽  
The Law ◽  
The Relationship ◽  
Passive Object ◽  
Competing Technologies

The anthology is interested in the relationship between technology and law. Transformative technologies not only displace competing technologies from the market, i.e., they do not only have a disruptive effect in an economic sense, but are also able to influence normative concepts. Thus, technical innovations such as digitization not only confront the law with new regulatory tasks, but also change it at the same time. Law is actively shaping the process of the digital transformation of society, but at the same time is becoming its passive object. The contributions to this anthology illuminate this dual character of digitization as a transformative technology from the perspectives of law, philosophy, and cultural and media studies. With contributions by Prof. Dr. Bijan Fateh-Moghadam, Prof. Dr. Herbert Zech; Prof. Burkhard Schafer; Lukas Brand; Prof. Dr. Peter Georg Picht, Gaspare Tazio Loderer; Prof. Dr. Roberto Simanowski; Stefan Huonder, Olivier Raemy; Tianyu Yuan and Prof. Dr. Wolfgang Hoffmann-Riem.

A Comparative Overview of the Fair Wear and Tear Exception: the Duty of Holders of Temporary Interests to Preserve Property

2002 ◽  
Vol 6 (1) ◽  
pp. 85-100
Author(s):  
Raffaele Caterina
Keyword(s):  
Common Core ◽  
Complete Solution ◽  
Roman Law ◽  
Private Ownership ◽  
Legal Systems ◽  
Personal Rights ◽  
Wear And Tear ◽  
Long Life ◽  
The Law ◽  
The Relationship

“A system of private ownership must provide for something more sophisticated than absolute ownership of the property by one person. A property owner needs to be able to do more than own it during his lifetime and pass it on to someone else on his death.”1 Those who own things with a long life quite naturally feel the urge to deal in segments of time. Most of the owner's ambitions in respect of time can be met by the law of contract. But contract does not offer a complete solution, since contracts create only personal rights. Certain of the owner's legitimate wishes can be achieved only if the law allows them to be given effect in rem—that is, as proprietary rights. Legal systems have responded differently to the need for proprietary rights limited in time. Roman law created usufruct and other iura in re aliena; English law created different legal estates. Every system has faced similar problems. One issue has been the extent to which the holder of a limited interest should be restricted in his or her use and enjoyment in order to protect the holders of other interests in the same thing. A common core of principles regulates the relationship between those who hold temporary interests and the reversioners. For instance, every system forbids holder of the possessory interest to damage the thing arbitrarily. But other rules are more controversial. This study focuses upon the rules which do not forbid, but compel, certain courses of action.

Parliamentarism and the Legislative Branch

2017 ◽  
Author(s):  
András Sajó ◽  
Renáta Uitz
Keyword(s):  
Decision Making ◽  
Political Parties ◽  
Legislative Branch ◽  
Effective Decision ◽  
The Law ◽  
Internal Operations ◽  
Effective Decision Making ◽  
The Relationship ◽  
Law Making

This chapter examines the relationship between parliamentarism and the legislative branch. It explores the evolution of the legislative branch, leading to disillusionment with the rationalized law-making factory, a venture run by political parties beyond the reach of constitutional rules. The rise of democratically bred party rule is positioned between the forces favouring free debate versus effective decision-making in the legislature. The chapter analyses the institutional make-up and internal operations of the legislature, the role of the opposition in the legislative assembly, and explores the benefits of bicameralism for boosting the powers of the legislative branch. Finally, it looks at the law-making process and its outsourcing via delegating legislative powers to the executive.

The Obligation to Afford Reparation to Injured Individuals

2017 ◽  
Author(s):  
Carla Ferstman
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Treaties ◽  
The Law ◽  
The Right ◽  
Right Of Access ◽  
The Relationship

This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.

Industrial districts and local governance in the Italian experience

1999 ◽  
Vol 18 (2) ◽  
pp. 131-139
Author(s):  
Maurizio Mistri
Keyword(s):  
Political Behavior ◽  
Political Attitudes ◽  
Local Governance ◽  
Dynamic Processes ◽  
Industrial Districts ◽  
Small Enterprises ◽  
Local Growth ◽  
Italian Experience ◽  
The Law ◽  
The Relationship

This paper focuses on the problem of the governance of industrial districts in Italy. The analysis begins with an assessment of the dynamic processes that characterize the development of industrial districts, particularly as concerns the elements of a cultural nature. The relationship between local political attitudes and forms of local growth is considered, generally revealing how in the various practical examples there is a convergence between models of political behavior and the needs of the system of small enterprises. The paper ends with a brief discussion of the law 317/91, designed to establish the responsibilities and roles of the industrial districts.

scholarly journals The Principle of Directive-Compliant Development of the Law and the Contra Legem Limit

2020 ◽  
Vol 16 (4) ◽  
pp. 465-488
Author(s):  
Thomas M.J. Möllers
Keyword(s):  
Case Law ◽  
Third Party ◽  
Broad Term ◽  
Legal Texts ◽  
Classical Methodology ◽  
The Law ◽  
Legal Methodology ◽  
The Relationship ◽  
Further Development ◽  
Domestic Law

AbstractThe Europeanisation of domestic law calls for a classical methodology to ‘update’ the established traditions of the law. The relationship between European directives and national law is difficult, since directives do apply, but European legal texts need to be implemented into national law. Whilst directives are not binding on private individuals, there is no direct third-party effect, but only an ‘indirect effect’. This effect is influenced by the stipulations of the ECJ, but is ultimately determined in accordance with methodical principles of national law. The ECJ uses a broad term of interpretation of the law. In contrast, in German and Austrian legal methodology the wording of a provision defines the dividing line between interpretation and further development of the law. The article reveals how legal scholars and the case-law have gradually shown in recent decades a greater willingness to shift from a narrow, traditional boundary of permissible development of the law to a modern line of case-law regarding the boundary of directive-compliant, permissible development of the law.

Corporate Social Responsibility and Government: The Role of Discretion for Engagement with Public Policy

2021 ◽  
pp. 1-29
Author(s):  
Jette Steen Knudsen ◽  
Jeremy Moon
Keyword(s):  
Public Policy ◽  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Integrated Framework ◽  
The Law ◽  
Corporate Social ◽  
Relationship Of ◽  
The Relationship

We investigate the relationship of corporate social responsibility (CSR) (often assumed to reflect corporate voluntarism) and government (often assumed to reflect coercion). We distinguish two broad perspectives on the CSR and government relationship: the dichotomous (i.e., government and CSR are / should be independent of one another) and the related (i.e., government and CSR are / should be interconnected). Using typologies of CSR public policy and of CSR and the law, we present an integrated framework for corporate discretion for engagement with public policy for CSR. We make four related contributions. First, we explain the dichotomous and the related perspectives with reference to their various assumptions and analyses. Second, we demonstrate that public policy for CSR and corporate discretion coexist and interact. Specifically, we show, third, that public policy for CSR can inform and stimulate corporate discretion and, fourth, that corporations have discretion for CSR, particularly as to how corporations engage with such policy.

scholarly journals Digital Transformation of Marketing Strategies during a Pandemic: Evidence from an Emerging Economy during COVID-19

2021 ◽  
Vol 13 (12) ◽  
pp. 6735
Author(s):  
Ganesh Dash ◽  
Debarun Chakraborty
Keyword(s):  
Customer Satisfaction ◽  
Life Insurance ◽  
Purchase Intention ◽  
Purchase Intentions ◽  
Digital Transformation ◽  
Marketing Strategies ◽  
Digital Marketing ◽  
Five Dimensions ◽  
Customer Involvement ◽  
The Relationship

This study explores the relationship between digital marketing practices, customer satisfaction, customer involvement, and purchase intention. The focus is on the life insurance digital marketing strategies during a pandemic and the resultant lockdown and shutdown. This work sought to analyze the digital transformation of marketing practices and the customers’ resultant purchase intentions. COVID-19 was taken as the prevailing pandemic and its impact on the digital transformation of marketing strategies. Five dimensions of digital marketing strategies with eighteen items and three items each of customer satisfaction and purchase intention were considered for practical purposes. It used structural equation modeling to study 535 responses of life insurance customers. Findings indicate that SEM/SEO, display, and E-CRM practices significantly impacted customer satisfaction and purchase intention. Further, a mediation-cum-moderation approach was undertaken. Customer satisfaction significantly affected purchase intention and played a good mediator between digital marketing practices and purchase intention. Additionally, customer involvement moderated the relationship between content marketing and communication with purchase intention. This research work helps life insurance marketers in general. The digital channel managers expressly understand their key areas of strengths regarding the five dimensions of digital marketing strategies. Accordingly, they frame their plans for decision-making to improve customer satisfaction and resultant purchase intentions. It provides a direction for future adoption of specific marketing strategies during a pandemic and consequent shutdown and lockdowns.

scholarly journals Bridging Ride and Play Comfort

Information ◽  
2021 ◽  
Vol 12 (3) ◽  
pp. 119
Author(s):  
Zeliang Zhang ◽  
Kang Xiaohan ◽  
Mohd Nor Akmal Khalid ◽  
Hiroyuki Iida
Keyword(s):  
Physical Performance ◽  
Ride Comfort ◽  
Roller Coaster ◽  
Mental Experience ◽  
The Law ◽  
Target Environment ◽  
Rider Comfort ◽  
The Relationship ◽  
Suitable Environment ◽  
The Way

The notion of comfort with respect to rides, such as roller coasters, is typically addressed from the perspective of a physical ride, where the convenience of transportation is redefined to minimize risk and maximize thrill. As a popular form of entertainment, roller coasters sit at the nexus of rides and games, providing a suitable environment to measure both mental and physical experiences of rider comfort. In this paper, the way risk and comfort affect such experiences is investigated, and the connection between play comfort and ride comfort is explored. A roller coaster ride simulation is adopted as the target environment for this research, which combines the feeling of being thrill and comfort simultaneously. At the same time, this paper also expands research on roller coaster rides while bridging the rides and games via the analogy of the law of physics, a concept currently known as motion in mind. This study’s contribution involves a roller coaster ride model, which provides an extended understanding of the relationship between physical performance and the mental experience relative to the concept of motion in mind while establishing critical criteria for a comfortable experience of both the ride and play.

Fostering Product Innovation Through Digital Transformation and Absorptive Capacity

2020 ◽  
Vol 17 (06) ◽  
pp. 2050040
Author(s):  
Alejandro Coronado-Medina ◽  
Jose Arias-Pérez ◽  
Geovanny Perdomo-Charry
Keyword(s):  
Structural Equation Modeling ◽  
Survey Data ◽  
Absorptive Capacity ◽  
Product Innovation ◽  
Structural Equation ◽  
Digital Transformation ◽  
Mediating Effect ◽  
Equation Modeling ◽  
The Relationship

This paper analyzes the mediating effect of absorptive capacity (AC) on the relationship between digital transformation from e-business capabilities (EBC) perspective and product innovation (PI). Structural equation modeling (SEM) was carried out with the survey data from a sample of firms that belong mainly to highly digitalized sectors. The results indicate the existence of a full mediation, which means knowledge derived from the digital operation of the business can only result in PI if AC plays an intermediation role. Hence, this finding calls into question the idea that digitalization alone and automatically acts as a PI driver.

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