Comparative Law and Legal Culture: Placing Vicarious Liability in Comparative Perspective

Giliker, Paula

doi:10.1093/cjcl/cxy007

Cited by 5 publications

(3 citation statements)

References 11 publications

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“…Professional experience and intellectual analysis of legal norms play an essential role in the functioning of the legal culture of a particular person (Hunt, 1999). Generally, it determines the legal orientation of a person's activities (Giliker, 2018). The media is essential in forming the phenomenon under study in the modern world (Haiba & Marat, 2017).…”

Section: Literature Reviewmentioning

confidence: 99%

The Role of Legal Psychology in the Formation of Legal Culture in the Conditions of Military Operations

2024

PJC

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The article aims to determine the possibilities of improving students' legal culture formation by integrating legal psychology knowledge in times of war. Through testing and a formative experiment, the study confirms the hypothesis that integrating legal psychology positively impacts the formation of students' legal culture in war conditions. Students showed average indicators of legal culture criteria, which proves that young people as subjects of the law may deliberately violate the law and be prone to illegal behaviour, discrimination, etc. Such data indicate that the students under the study may be prone to criminal behaviour under unfavourable conditions, as they have a basic level of knowledge about the legal system, unstable motivation for legal behaviour, fragmented legal competencies, a predominant orientation towards stereotyped, patriarchal values of gender culture, and different types of personal self-determination in the system of patriarchal and egalitarian coordinates. It can be argued that the legal culture formation programme significantly impacts the formation of respect for human rights in the educational environment and reduces the propensity for illegal and non-violent behaviour.

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Section: Literature Reviewmentioning

confidence: 99%

The Role of Legal Psychology in the Formation of Legal Culture in the Conditions of Military Operations

2024

PJC

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“…Vicarious liability (often called respondeat superior in a United States context) is a mechanism in tort law whereby a legal person can be held liable for a tort committed by another person. Such mechanisms are common across many legal systems, having a long historical tradition (Giliker, 2018). It is a form of secondary liability.…”

Section: 3mentioning

confidence: 99%

Distinguishing two features of accountability for AI technologies

et al. 2022

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Policymakers and researchers consistently call for greater human accountability for AI technologies. We should be clear about two distinct features of accountability.Across the AI ethics and global policy landscape, there is consensus that there should be human accountability for AI technologies 1 . These machines are used for high-stakes decision-making in complex domains -for example, in healthcare, criminal justice and transport -where they can cause or occasion serious harm. Some use deep machine learning models, which can make their outputs difficult to understand or contest. At the same time, when the datasets on which these models are trained reflect bias against specific demographic groups, the bias becomes encoded and causes disparate impacts 2-4 . Meanwhile, an increasing number of machines that embody AI, and specifically machine learning, such as highly automated vehicles, can execute decision-making functions and take actions independently of direct, real-time human control, in unpredictable conditions that call for adaptive performance. This development can make human agency seem obscure. Considering these problems, a heterogeneous group of researchers and organizations have called for stronger, more explicit regulation and guidelines to ensure accountability for AI and autonomous systems 1,[5][6][7] .But what do we mean by 'accountability', and do we all mean the same thing? Accountability comes in different forms and varieties across rich and overlapping strands of academic literature in the humanities, law and social sciences. Scholars in the AI ethics field have recently proposed systematic conceptualizations of accountability to address this complexity [8][9][10][11] . Several researchers in the field 8,10 take explicit inspiration from Bovens's influential analysis of accountability as a social relation, in which he describes accountability as: "a relationship between an actor and a forum, in which the actor has an obligation to explain and to justify his or her conduct, the forum can pose questions and pass judgement, and the actor may face consequences" 12 .A welcome development within the AI ethics landscape would be greater conceptual clarity on the distinction between the 'explaining' and 'facing the consequences' features of accountability, as well as the relation between them.This matters ethically, legally and politically, as these two core features of accountability -that is, giving an explanation, and facing the consequences -can come apart and pull in different directions. We highlight them because, as the quotation illustrates, they represent a central bifurcation of the concept of accountability 12,13 . In addition, their relation is particularly complex when it comes to AI technologies.

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“…Only in a few articles do authors refer to the theoretical framework of the concept mentioned in the title (legal culture). In these cases, definitions derive from Friedman's and Nelken's conception of legal culture as opinions, customs, patterns of legally oriented behaviour (Giliker, 2018), "attitudes of the lawyers, claimants and respondents when dealing with disputes" (Mohd Danuri et al, 2015: 514), with reference to the distinction between the internal and the external (Picinali, 2009). As for the empirical approach, there are various modes of studying legal aspects.…”

Section: Laws and Legal Proceedings In Legal Culturementioning

confidence: 99%

Perspectives of Legal Culture

Čehulić

2021

Rev. sociol. (Online)

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Despite many doubts and criticisms, the use and popularity of the term legal culture have been growing steadily since 1969, when Lawrence Friedman first coined it. Regardless of the difficulties in conceptualising and operationalising legal culture, it is widely used in research and theoretical work. This paper investigates how researchers are overcoming conceptual issues, as well as the similarities and differences in approaches to legal culture and their effects on the comprehensibility and coherence of the concept. Through a systematic literature review of scholarly papers published in two citation bibliographic databases – Web of Science and Scopus – that contain the term legal culture in the title, this paper identifies definitions of legal culture, theoretical assumptions, research methods and specific topics depicted within the field of legal culture. The analysis indicates heterogeneous approaches to legal culture, accompanied by inconsistency in understanding and applying the concept. The notion of legal culture is related to various topics but mainly used as an intervening variable; without empirical research, authors use the term as hypothetical and self-evident, assuming its impact on law and society. Besides, the analysis identified various forms of defining and explaining the legal culture and different methodologies, amongst which a descriptive approach prevails. Based on the insight into scholarly articles on legal culture, the review concludes with suggestions for improving future research and the explanatory power of legal culture.

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Comparative Law and Legal Culture: Placing Vicarious Liability in Comparative Perspective

Cited by 5 publications

References 11 publications

The Role of Legal Psychology in the Formation of Legal Culture in the Conditions of Military Operations

The Role of Legal Psychology in the Formation of Legal Culture in the Conditions of Military Operations

Distinguishing two features of accountability for AI technologies

Perspectives of Legal Culture

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