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Journal articles on the topic 'Effectiveness of the law'

Author: Grafiati
Published: 4 June 2021
Last updated: 4 February 2022

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1

Turner, Russell. "DTTO Effectiveness Research." Probation Journal 49, no. 4 (December 2002): 312–14. http://dx.doi.org/10.1177/026455050204900409.

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2

DE BENEDETTO, Maria. "Effective Law from a Regulatory and Administrative Law Perspective." European Journal of Risk Regulation 9, no. 3 (September 2018): 391–415. http://dx.doi.org/10.1017/err.2018.52.

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The question of effective law has been studied in many fields of research, such as philosophy and sociology of law, law and economics, public policy and behavioural sciences. This article aims to treat it as a genuine administrative law issue which is currently having a significant impact on administrative procedures, especially affecting the way in which rules are adopted and implemented. Furthermore, the article attempts to reconcile conflicting views in existing literature on the meaning of effective law and on which factors lead to effectiveness by proposing an integrated approach: starting from a regulatory perspective it considers both traditional determinants of effectiveness, ie compliance and enforcement, as well as the emerging aspect of outcomes, focused on the idea that a rule can be defined as effective when its desired effects have been achieved and the public interest which justifies the rule has been safeguarded without producing unwanted or disfunctional consequences.Far from being simply a decisional problem for institutions (arising in legislative, regulatory and administrative procedures), effectiveness calls for a “steering administration” and represents a criterion for decision-making, since expected effectiveness can be used in the logic of “whether” and “how” institutions should arrive at decisions.
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3

Демидова, Людмила Миколаївна, and Ольга Станіславівна Попович. "The effectiveness of criminal law: doctrinal, legislative and law enforcement problems." Herald of the Association of Criminal Law of Ukraine 1, no. 12 (December 30, 2019): 171–83. http://dx.doi.org/10.21564/2311-9640.2019.12.190434.

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4

Oh, Jun-Seok, Ahmad Feizi, Ron Van Houten, Valerian Kwigizile, and Majid Mastali. "Bicycle Passing Distance Law: Effectiveness and Necessity." Journal of Transport & Health 14 (September 2019): 100758. http://dx.doi.org/10.1016/j.jth.2019.100758.

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5

Petrov, Nikolay V., Irina V. Petrova, and Aleksandr P. Fedorovskiy. "THE RUSSIAN LAW EFFECTIVENESS AND SOCIOCULTURAL CONTEXT." TURKISH ONLINE JOURNAL OF DESIGN ART AND COMMUNICATION 8, SEPT (September 1, 2018): 978–81. http://dx.doi.org/10.7456/1080sse/135.

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6

Hathaway, Oona, Larry Johnson, and Fionnuala Ní Aoláin. "An Introduction: The Effectiveness of International Law." Proceedings of the ASIL Annual Meeting 108 (2014): 1. http://dx.doi.org/10.5305/procannmeetasil.108.0001.

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7

Ewing, Keith D., John Hendy QC, and Carolyn Jones. "The universality and effectiveness of labour law." European Labour Law Journal 10, no. 3 (September 2019): 334–38. http://dx.doi.org/10.1177/2031952519871760.

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This short article considers the Workers (Definition and Rights) Bill drafted by the Institute of Employment Rights as a possible solution to the intractable problem of employment status in the United Kingdom, to which Countouris and De Stefano refer. It does so in the context of ILO principles of ‘universality’ and ‘effectiveness’ of labour law, and three important ILO Declarations.
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8

Kupina, L. F. "Conditions of effectiveness of labor law standards." Legal Novels 2, no. 12 (2020): 45–50. http://dx.doi.org/10.32847/ln.2020.12-2.07.

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9

KUPINA, L. F. "CRITERIA OF EFFECTIVENESS OF LABOR LAW STANDARDS." Law and Society 2, no. 3 (2020): 27–32. http://dx.doi.org/10.32842/2078-3736/2020.3-2.5.

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10

Middleton, Linda. "Effectiveness of Probation Training." Probation Journal 50, no. 2 (June 1, 2003): 161–62. http://dx.doi.org/10.1177/02645505030502009.

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11

Meyer, Timothy. "How Compliance Understates Effectiveness." AJIL Unbound 108 (2014): 93–98. http://dx.doi.org/10.1017/s239877230000194x.

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Customarily one begins a discussion about the effectiveness of international law by quoting Louis Henkin’s famous remark that “almost all nations obey almost all principles of international law and almost all of their obligations almost all of the time.” For some, this empirical claim supports the notion that international law is a vital tool for furthering international cooperation across a broad range of issue areas. For others, the implicit suggestion that international law’s mere existence might be driving states’ behavior is a calamity of causal inference. Even if Henkin’s claim is empirically correct, effectiveness does not follow from compliance. For a third group, Henkin’s claim may not even be empirically correct. In at least some areas of international law, noncompliance may be relatively high. Deploying the same suspect causal reasoning that the second group worries about, international law skeptics have sometimes suggested that we might infer ineffectiveness on the basis of such noncompliance.
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12

Makarova, Tamara. "SOCIAL IMPORTANCE OF ENVIRONMENTAL LAW: CRITERIA OF VALUES AND EFFECTIVENESS OF LAW." Kazan University Law Review 3, no. 2 (June 1, 2018): 7–17. http://dx.doi.org/10.30729/2541-8823-2018-3-2-7-17.

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13

Chacón, Mario Peña. "The road toward the effectiveness of environmental law." Seqüência: Estudos Jurídicos e Políticos 42, no. 83 (December 31, 2019): 87–95. http://dx.doi.org/10.5007/2177-7055.2019v41n83p87.

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O problema central das normas ambientais contemporâneas é a sua falta de efetividade. Existem desafios evidentes para o alcance das metas e objetivos do direito ambiental, sua implementação e cumprimento contínuo e recorrente.Como resultado, este artigo pretende esclarecer as causas da falta de efetividade do direito ambiental, analisando seus efeitos e consequências e explorando possíveis soluções para permitir que o direito ambiental alcance plena efetividade e eficiência e, assim, atenda ao objetivo principal de conservação e uso racional, sustentável e equitativo dos bens e serviços ambientais.
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14

Залоило, Максим, and Maksim Zaloilo. "The Effectiveness of Law-Making through Strategic Planning." Journal of Russian Law 6, no. 4 (April 6, 2018): 1. http://dx.doi.org/10.12737/art_2018_4_5.

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15

Graff, John, and Fred Kaiser. "Area Foresters and Virginia Seed Tree Law Effectiveness." Southern Journal of Applied Forestry 10, no. 1 (February 1, 1986): 42–44. http://dx.doi.org/10.1093/sjaf/10.1.42.

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Abstract An eight-county survey evaluated the effectiveness of the Seed Tree Law in Virginia. The survey revealed that reforestation activities occurred on 79% of the area harvested. The analysis also revealed that because they provided information on reforestation options to landowners, area foresters were key components to the success or failure of the Seed Tree Law.
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16

Desombre, Elizabeth R. "Implementation, Compliance, and Effectiveness in International Environmental Law." International Politics 37, no. 3 (September 2000): 379–86. http://dx.doi.org/10.1057/palgrave.ip.8890525.

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17

Drew, Christa A., and Fergus M. Clydesdale. "New Food Safety Law: Effectiveness on the Ground." Critical Reviews in Food Science and Nutrition 55, no. 5 (November 11, 2014): 689–700. http://dx.doi.org/10.1080/10408398.2011.654368.

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18

Rybakov, Vladimir A. "Criteria for determining the effectiveness of the law." Law Enforcement Review 3, no. 2 (September 13, 2019): 5–13. http://dx.doi.org/10.24147/2542-1514.2019.3(2).5-13.

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The subject of the article concerns the assessment of the effectiveness of law. The purpose of the article is to identify indicators that reflect the effectiveness of the law.The methodology of the research includes complex analysis of scientific legal literature, synthesis of ideas as well as formal-legal method of interpretation of legal acts.The main results and scope of their application. More than 2500 existing normative legal acts of the Russian Federation contain various requirements for improving the efficiency of legal regulation. The complexity of the study is caused by the lack of a common understanding of the phenomenon. The effectiveness of the law is often understood by many authors as the ability to influence public relations in a certain direction useful for society; or as the ability to influence positively on social relations at the lowest cost; or as fundamental feasibility, predetermined by common knowledge, clarity and consistency of legal norms; the correspondence between the objectives of the legislator and development of social relations. An indicator of the effectiveness of legislation is a criterion for determining the degree of achievement of the goals and objectives of legal regulation. The indicators that are offered by scientists for assessment the effectiveness of law, has logical defects. These indicators are^ frequency of application of laws that are estimated for the effectiveness (I. Samoshchenko, V. I. Nikitinsky, A. B. Vengerov); measure of conflict regulated by this norm of social relations (V. Lapaeva); proportional ratio of the number of facts of lawful behavior to the number of cases of illegal behavior (T. Geiger and E. Hirsch), etc.Conclusions. The following formula can be proposed to determine the effectiveness of the law: effectiveness = LR2–LR1, where: LR1 - initial legal relations, and LR2 – the state of legal relations on the current date. Effectiveness can be measured in this formula in a number of violations and satisfied claims and complaints. There is no direct connection with the goal of legal regulation in this formula but it is possible, to trace the dynamics of the effectiveness of law with this formula by using statistics data.
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19

Melander, Sakari, and Annika Suominen. "Issue on the Effectiveness of EU Criminal Law." New Journal of European Criminal Law 5, no. 3 (September 2014): 265–66. http://dx.doi.org/10.1177/203228441400500301.

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20

Herlin-Karnell, Ester. "Effectiveness and Constitutional Limits in European Criminal Law." New Journal of European Criminal Law 5, no. 3 (September 2014): 267–73. http://dx.doi.org/10.1177/203228441400500302.

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21

Suominen, Annika. "Effectiveness and Functionality of Substantive EU Criminal Law." New Journal of European Criminal Law 5, no. 3 (September 2014): 388–415. http://dx.doi.org/10.1177/203228441400500308.

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22

Lotonov, M. A. "Effectiveness of biased estimates of distribution law parameters." Measurement Techniques 39, no. 11 (November 1996): 1083–91. http://dx.doi.org/10.1007/bf02375382.

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23

Paulík, Štěpán. "The Rule of Law Framework and its Effectiveness." Časopis pro právní vědu a praxi 29, no. 1 (March 26, 2021): 7–25. http://dx.doi.org/10.5817/cpvp2021-1-1.

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24

Boldyrev, Sergey Nikolaevich. "Legal techniques in ensuring the effectiveness of law." Право и государство: теория и практика, no. 1 (2021): 178–80. http://dx.doi.org/10.47643/1815-1337_2021_1_178.

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25

Joireman, Sandra F. "Colonization and the Rule of Law: Comparing the Effectiveness of Common Law and Civil Law Countries." Constitutional Political Economy 15, no. 4 (December 2004): 315–38. http://dx.doi.org/10.1007/s10602-004-7766-7.

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26

Pendell, Judyth W. "Enhancing Juror Effectiveness: An Insurer's Perspective." Law and Contemporary Problems 52, no. 4 (1989): 311. http://dx.doi.org/10.2307/1191915.

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27

Cavender, Gray, Barbara Cable Nienstedt, and Ronald S. Everett. "EFFECTIVENESS OF COUNSEL: AN EMPIRICAL ANALYSIS." Journal of Crime and Justice 10, no. 1 (January 1, 1987): 195–225. http://dx.doi.org/10.1080/0735648x.1987.9721340.

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28

Weatherburn, Don. "Law and Order Blues." Australian & New Zealand Journal of Criminology 35, no. 2 (August 2002): 127–44. http://dx.doi.org/10.1375/acri.35.2.127.

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This paper discusses law and order politics and policy in Australia. It challenges the conventional criminological wisdom that Australia does not have a serious crime problem. It argues that, while political responses to crime are all too frequently irrational, this is not because Australian state and territory governments so often rely on punitive law and order policies. Australian law and order policy is irrational because it usually lacks any clear rationale, is rarely subjected to any effectiveness or cost-effectiveness evaluation, frequently ignores the possibility of unintended side-effects and is occasionally founded on a misdiagnosis of the crime problem that prompts it. The paper concludes by discussing various explanations for this state of affairs and what can be done about it.
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29

Nebbia, Paolisa. "The Double Life of Effectiveness." Cambridge Yearbook of European Legal Studies 10 (2008): 287–302. http://dx.doi.org/10.1017/s1528887000001348.

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As a general principle of Community law elaborated by the European Court of Justice (hereinafter, ECJ or ‘the Court’), effectiveness ‘requires the effective protection of Community rights and, more generally, the effective enforcement of Community law in national courts’: its origins—it has been argued—‘lie in the interpretative techniques of the Court which, even at an early stage, favoured a liberalised construction of the Treaty provisions so as to ensure their effet utile’. In fact, the roots of the principle of effectiveness can be found in the seminal case of Van Gend en Loos, which, without expressly naming that principle, provided the conceptual tools that have moulded its construction throughout the Community case law.
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30

Rabinovych, Serhiy. "CONSTITUTION’S VALIDITY AND EFFECTIVENESS: NORMATIVISM VERSUS SOCIOLOGY OF LAW." Social Legal Studio, no. 1 (August 2008): 4–10. http://dx.doi.org/10.32518/2617-4162-2018-1-4-10.

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31

Collins, Hugh. "Harmonisation of European Contract Law: Citizenship, Diversity and Effectiveness." Cambridge Yearbook of European Legal Studies 7 (2005): 81–99. http://dx.doi.org/10.5235/152888712802730846.

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Proposals from the European Commission to work towards greater harmonisation of contract law, and indeed private law more generally, have been described in terms that apparently distance these plans from the introduction of a code civil europa. Nevertheless, the programme for developing ‘non-sector-specific measures’ into a ‘common frame of reference’ constitutes in its fundamentals and aspirations the ambition to create a European law of contract. And the method for the construction of this code replicates the process devising the great European codes of the nineteenth century: a painstaking scholarly endeavour to find consistency and coherence in the divergent national private law systems, except that no legislative process is foreseen.
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32

Weiler, J. H. H. "Emerging Issues on Compliance and Effectiveness of Community Law." Proceedings of the ASIL Annual Meeting 91 (1997): 172–75. http://dx.doi.org/10.1017/s0272503700065605.

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33

Collins, Hugh. "Harmonisation of European Contract Law: Citizenship, Diversity and Effectiveness." Cambridge Yearbook of European Legal Studies 7 (2005): 81–99. http://dx.doi.org/10.1017/s1528887000004511.

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Proposals from the European Commission to work towards greater harmonisation of contract law, and indeed private law more generally, have been described in terms that apparently distance these plans from the introduction of a code civil europa. Nevertheless, the programme for developing ‘non-sector-specific measures’ into a ‘common frame of reference’ constitutes in its fundamentals and aspirations the ambition to create a European law of contract. And the method for the construction of this code replicates the process devising the great European codes of the nineteenth century: a painstaking scholarly endeavour to find consistency and coherence in the divergent national private law systems, except that no legislative process is foreseen.
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34

Førland, Tor Egil. "The History of Economic Warfare: International Law, Effectiveness, Strategies." Journal of Peace Research 30, no. 2 (May 1993): 151–62. http://dx.doi.org/10.1177/0022343393030002003.

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35

den Dekker, G. "The Effectiveness of International Supervision in Arms Control Law." Journal of Conflict and Security Law 9, no. 3 (December 1, 2004): 315–30. http://dx.doi.org/10.1093/jcsl/9.3.315.

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36

Sicurella, Rosaria. "Effectiveness of EU law and protection of fundamental rights." New Journal of European Criminal Law 9, no. 1 (March 2018): 24–30. http://dx.doi.org/10.1177/2032284418761066.

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The decision of the Court of Justice in the M.A.S. and M.B. case marks a very significant step forward in the Taricco saga. It clearly shows the intention of the European Court to tone down the confrontation with the Italian Constitutional Court, while at the same time maintaining the most relevant achievement of the decision in the Taricco case, that is to say the fact to consider Article 325 TFEU as having direct effect. The author expresses quite a critical view on the solution adopted by the ECJ which finally results in a sort of “flexibilization” of the principle of legality at EU level in order to meet some of the claims by the Italian Constitutional Court. In the author's opinion, such a solution risks to undermine the overall coherence and soundness of the protection of fundamental rights at EU level, although it can appear at a first glance to boost the legality principle. A better solution could have been to develop a different reasoning relying on rights in the Charter other that the nullum crimen principle, and avoid to touch at the well-established scope of this principle as established in Article 49 Charter and also in Article 7 of the European Convention on Human Rights.
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37

RANGONE, Nicoletta. "Making Law Effective: Behavioural Insights into Compliance." European Journal of Risk Regulation 9, no. 3 (September 2018): 483–501. http://dx.doi.org/10.1017/err.2018.51.

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This paper investigates traditional and new tools for increasing the effectiveness of rules and enforcement strategies. As a preliminary concern, it underlines that there are two sides to effectiveness that cannot be approached separately: effectiveness as perfect compliance with the terms of rules, and effectiveness as a result of rules which incentivise behaviours to meet the “spirit of the law”. In order to achieve this comprehensive approach to effectiveness, rules must be evidence-based, plain, understandable and accepted. Moreover, a clear understanding of compliance drivers is needed. Deterrence and all other possible motivations that go beyond the rational calculus should be assessed by decision-makers, such as internal motivation, procedural fairness, cooperation, social norms, heuristics and bias. Enriching the rationality assumption with other drivers of compliance does not mean dismissing traditional rules or enforcement tools, which conversely remain crucial for the purpose of supporting voluntary compliance and for preventing non-compliance. However, deterrence should be calibrated by a risk-based, responsive and proportional approach to (simplified) rules and enforcement strategies. Trust in public authorities, supportive and cooperative public administrations are also fundamental in order to increase voluntary compliance, and a cognitive-based approach should complement these views.
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38

Seong Wook Heo. "Public Law and Private Law in Environmental Law – Focused on the Issue of Private Effectiveness of Public Standards –." Environmental Law Review 39, no. 1 (April 2017): 291–324. http://dx.doi.org/10.35769/elr.2017.39.1.010.

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39

Padmanabhan, Vijay. "The Idea of Effective International Law: Continuing the Discussion." AJIL Unbound 108 (2014): 91–92. http://dx.doi.org/10.1017/s2398772300001938.

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The joint 108th American Society of International Law (ASIL) Annual Meeting and 76th International Law Association (ILA) Biennial Conference was organized under the theme “The Effectiveness of International Law.” In conjunction with this theme, the ASIL Legal Theory Interest Group hosted a panel discussion exploring the theoretical dimensions of the concept of “effectiveness” as understood in international law. Panelists discussed three related questions: (1)Is the effectiveness of international law an empirical question measured through evaluating compliance with international legal norms?(2)What conceptions of effectiveness might exist beyond compliance? Could such conceptions be captured in theoretical or moral terms?(3)Why is international law concerned with effectiveness at all?
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40

Smith, David J. "The effectiveness of the juvenile justice system." Criminal Justice 5, no. 2 (May 2005): 181–95. http://dx.doi.org/10.1177/1466802505053497.

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41

Sayidov, Rustambek. "Legal Monitoring – Is An Important Institution Affecting The Effectiveness Of Laws." American Journal of Political Science Law and Criminology 03, no. 06 (June 12, 2021): 55–60. http://dx.doi.org/10.37547/tajpslc/volume03issue06-08.

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The role of the institution of legal monitoring in law making, in particular its affect to the effectiveness of laws are analyzed in the article. In addition, the article puts forward several issues in law making and the necessity to apply legal monitoring on them as a solution.
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42

Kozhevnikov, Vladimir Valentinovich. "About Law Enforcement." Polit Journal: Scientific Journal of Politics 1, no. 2 (May 31, 2021): 69–73. http://dx.doi.org/10.33258/polit.v1i2.446.

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The article examines a number of features of law enforcement in the law enforcement sphere. In particular, the author touched upon the subject composition of law enforcement activities, as well as its participants (victims, witnesses, etc.), on whose legal activity the effectiveness of law enforcement activities largely depends. Attention is drawn to the professional and psychological culture of law enforcement entities, to the regulatory framework of law enforcement, and its peculiarities. stages, structure of law enforcement acts.
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43

Melander, Sakari. "Effectiveness in EU Criminal Law and its Effects on the General Part of Criminal Law." New Journal of European Criminal Law 5, no. 3 (September 2014): 274–300. http://dx.doi.org/10.1177/203228441400500303.

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44

Navarro, Pablo E., José Juan Moreso, and Jose Juan Moreso. "Applicability and Effectiveness of Legal Norms." Law and Philosophy 16, no. 2 (1997): 201. http://dx.doi.org/10.2307/3505025.

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45

Holloway, Susan D., and Sandra Machida. "Child-Rearing Effectiveness of Divorced Mothers:." Journal of Divorce & Remarriage 14, no. 3-4 (January 31, 1991): 179–202. http://dx.doi.org/10.1300/j087v14n03_11.

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46

Owens, Stephen J., Kelli J. Klebe, Sheila A. Arens, Robert L. Durham, Joel Hughes, Candace J. Moor, Maureen O'Keefe, Janis Phillips, Julie A. Sarno, and Joe Stommel. "The Effectiveness of Colorado's TASC Programs." Journal of Offender Rehabilitation 26, no. 1-2 (December 1997): 161–76. http://dx.doi.org/10.1300/j076v26n01_10.

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47

Exter, Andre. "Where Law and Economics Meet Each Other: Cost-Effectiveness Analysis in Health Care." Medicne pravo 2015, no. 1 (April 25, 2015): 11–25. http://dx.doi.org/10.25040/medicallaw2015.01.011.

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48

III, John J. Donohue. "Did Miranda Diminish Police Effectiveness?" Stanford Law Review 50, no. 4 (April 1998): 1147. http://dx.doi.org/10.2307/1229284.

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49

Trager, Jennifer, and JoAnne Brewster. "The effectiveness of psychological profiles." Journal of Police and Criminal Psychology 16, no. 1 (March 2001): 20–28. http://dx.doi.org/10.1007/bf02802730.

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50

Robbins, M. L., R. Varadaraj, J. Bock, and S. J. Pace. "EFFECT OF STOKES’ LAW SETTLING ON MEASURING OIL DISPERSION EFFECTIVENESS." International Oil Spill Conference Proceedings 1995, no. 1 (February 1, 1995): 191–96. http://dx.doi.org/10.7901/2169-3358-1995-1-191.

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ABSTRACT Industry laboratory tests to measure dispersion effectiveness for oil spills on water measure only the volume percentage of oil dispersed and not the dispersed particle size. The effect of particle size on settling behavior is particularly pronounced in tests that use long settling times to superimpose a dispersion stability criterion on the effectiveness rating. The authors have studied the effect of settling time on the volume cumulative particle size distribution measured by the Coulter Multisizer II. Using Stokes’ law settling to analyze the results, we have demonstrated the effects of settling flask geometry and sample volume on measured effectiveness. These arbitrary test variables control the settling path height and vary markedly from test to test. The intrinsic variables that control settling vs time—initial particle size distribution, aqueous viscosity, and aqueous and oil densities—are functions of aqueous, oil, and dispersant compositions; temperature; and dispersion energy. The author's analysis shows that the effect of settling variables is to cut off the initial cumulative particle size distribution above a certain particle size, thereby fixing measured effectiveness. Stokes’ law provides a measure of this cutoff size. Experimental data have been developed to support this theoretical analysis. This analysis points to the variables that must be considered with different laboratory tests to rank dispersants when settling is part of the test procedure. Even with a single test, ranking may change with settling time given an initially large fraction of large particles and a sufficiently large difference between the densities of water and oil.
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