Results 71 to 80 of about 1,852,330 (249)
Twenty-First Century Formalism
, 2020 Formalism is one of the most widely applied but misunderstood features of law. Embroiled in a series of conflicts over the course of the twentieth century, formalism’s meaning has become confused as formalism has been enlisted by both proponents and ...
Nachbar, Thomas B.
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Beyond Compliance: The Role of Corporate Governance in Shaping Whistleblower Protection Policies
Regulation &Governance, EarlyView.ABSTRACT This study investigates the impact of selective good corporate governance practices on the development of mandatory whistleblower protection policies in corporations. Using a coding instrument aligned with legislative requirements, we analyzed 66 whistleblower policies to assess their comprehensiveness and alignment with best practices.
Nandana Wasantha Pathiranage +3 more
wiley +1 more source
Hart’s Formalist Critic and the Judicial Interpretation of Law
EudaimoniaIn the 19th century developed formalism, a theory of legal reasoning and interpretation devoted to the claim that judges discover and apply law without ever creating it.
Marija Vojisavljević
doaj +1 more source
Re‐Imagining Regulatory Governance
Regulation &Governance, EarlyView.ABSTRACT This paper invites the readers to rethink regulatory governance by examining how trust‐based and rule‐based governance interact. To do this, it uses analytical narratives of three fictional polities: “Trustland”, “Regland”, and “Concordia”. Each polity represents a stylized model of governance: Trustland is anchored in trust‐based governance ...
David Levi‐Faur
wiley +1 more source
Law after the welfare state: formalism, functionalism and the ironic turn of reflexive law [PDF]
This paper analyzes the contemporary emergence of neo-formalist and neo-functionalist approaches to law-making at a time when the state is seeking to reassert, reformulate and reconceptualize its regulatory competence, both domestically and ...
Zumbansen, Peer
core
From Tweets to Tyranny: Exploring the Symmetry Between State and Social Media Censorship of Speech
Journal of Social Philosophy, EarlyView.
Bhanuraj Kashyap, Paul Formosa
wiley +1 more source
Regulation &Governance, EarlyView.ABSTRACT This article develops an analytical framework for understanding regulators' struggles for legitimacy, highlighting tensions between two key sources: credibility and responsiveness. A regulator must earn credibility with actors around the regulatory arena, but organizational tools for credibility‐building, including codified rules and mobilized
Takuya Onoda
wiley +1 more source
What is comparative legal history? Legal historiography and the revolt against formalism, 1930–60
Comparative Legal History, 2019 What is comparative legal history? This essay aims to show that to understand the rise of this field of inquiry we need first to clarify how historiography changes in time.
Adolfo G Giuliani
semanticscholar +1 more source
A creature of statute: Copyright law and legal formalism
, 2002 This article argues that copyright law is not just a creature of statute, but it is also a social and imaginative contruct. It evaluates a number of critiques of legal formalism.
Rimmer, Matthew
core
Regulation &Governance, EarlyView.ABSTRACT The extent to which Regulatory Impact Assessments (RIAs) conform to the “ideal” rational decision‐making model depends on factors such as political appropriation and the capacity of regulatory bodies. However, despite RIAs being embedded in bureaucratic settings, little research examines how the degree of formalization of RIA implementation ...
Alketa Peci +4 more
wiley +1 more source