Importance Of Comparative Research Research Articles

영미법상 주관적 범죄성립요건으로서 ‘Recklessness’에 대한 고찰

The importance of comparative research in law has been increasing. In order for such comparative research to be performed successfully, an accurate understanding of legal concepts in countries subject to such comparative research is required. There are many legal concepts in Anglo-American law that have not yet been accurately understood in South Korea, and one of them is the mental state of recklessness as one of the subjective elements required for the establishment of a crime. The purpose of this article is to examine the criminal recklessness in Anglo-American law for an accurate understanding of it, thereby enabling a more complete comparative research on Anglo-American law. According to Model Penal Code § 2.02(2)(c), “a person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct”. In light of such definition of recklessness under the Model Penal Code, in order for an actor to be recognized as acting with the mental state of recklessness, the actor should be aware of the substantial and unjustifiable risk that the material element of an offense exists or will result from his/her conduct. Therefore, it can be said that recklessness under the Model Penal Code puts importance on the actor's ‘awareness’ of risk, but not on his/her ‘desire.’ Recklessness in Anglo-American law, which focuses only on the actor's awareness of risk and not on his/her desire, includes dolus eventualis as well as advertent Fahrlässigkeit under Korean criminal law. In particular, the fact that Recklessness includes such advertent Fahrl„ssigkeit under Korean criminal law has significant implications for the criminal responsibility.

The Importance of a Truly Comparative Methodology for Comparative Psychology

Comparative research has taught us much about the evolution and development of human and animal behavior. Humans share not just physical and biological similarities with other species, but also many behavioral traits and, in some of these cases, the psychological mechanisms behind them. Comparing behavior and cognition across multiple species can help scientists to pinpoint why and when in phylogenetic history a behavior may have evolved, how it evolved, and what the mechanisms behind it are (Tinbergen, 1963). While the comparative approach has proven quite effective in addressing these questions, comparing behavior across multiple species is not as easy and straightforward as it may initially seem. Rigorous methodology and careful interpretation of results is crucial to answering any of these questions definitively. The focus of the current article is on the comparative methodology and the important factors that need to be addressed in order for comparative research to be effective. We first discuss the benefits and importance of comparative research, followed by the challenges that need to be overcome in good comparative work. We then discuss experimental economics as one “model system” for comparative work that has proven particularly good at addressing such issues, and comment on other approaches. We conclude with future directions for comparative research with an eye on important methodological and theoretical considerations.

Why Are Some Officers More Supportive of Community Policing with Minorities than Others?

Officers are not equally supportive of community policing despite its potential for improving police–citizen relationships. Research has yet to identify and explain variations in officer support for community policing with racial minorities. Using roll-call surveys with 741 officers in three departments, this project addressed two questions: Do officers differ in their support for community policing across racial groups? And, if so, why? Officers are less supportive of community policing with racial minorities and perceive greater social distance from minority groups. General support for community policing and lower perceived social distance from a minority community are linked with greater support for community policing with that group. Community policing experience is not related to support for the practice across racial groups. By understanding differences at the officer-level, departments can build support for community policing—particularly with minority communities—through reducing perceived social distance. Additionally, department-level differences highlight the importance of comparative research.

ANALOGY AND PRECEDENT IN THE COMMON LAW AND THE CIVIL LAW: OUTSTANDING FEATURES AND TERMINOLOGICAL DIFFERENCES

Статья посвящена сравнительному исследованию институтов прецедента и аналогии в англо-американском и континентальном праве. Объектом изучения являются терминологические, лексические и семантические особенности институтов прецедента и аналогии в общем и романо-германском праве. Как отмечается авторами, главной особенностью языка юриспруденции является высокая степень абстракции юридических терминов, широкая возможность интерпретации и толкования. Несмотря на взаимопроникновение систем общего и континентального права, сглаживание границ между правовыми отраслями, терминологические различия между институтами остаются существенными. Поскольку право выполняет важную социальную функцию, терминологические ошибки в юридическом тексте должны быть сведены к минимуму. Правильное определение значения термина с учетом особенностей правовой системы необходимо в любой сфере юриспруденции, что обусловливает актуальность и прикладной характер темы исследования. Научная новизна работы состоит в разработке авторами классификации терминологических особенностей институтов прецедента и аналогии в общем и континентальном праве. Полученные результаты могут быть использованы в сравнительных юридических и лингвистических исследованиях. При применении институтов аналогии и прецедента, в особенности в сфере сравнительного права.

“違う”視えから見える世界―比較錯視研究の意義―

“違う”視えから見える世界―比較錯視研究の意義―

Islamic Law and Islamic Legal Professionals in Southeast Asia

This cutting-edge edited volume (posted here on SSRN in its entirety) analyzes the Islamic legal systems of three Southeast Asian countries: Indonesia, Malaysia and Singapore. It also includes new information about the training, organization and professional culture of judges and lawyers who work in these Islamic legal systems. The volume begins with an essay discussing the state of academic knowledge about contemporary Islamic legal systems and about the judges and lawyers who work in the Islamic courts. It explores why, at a time of great interest in Islamic law, we still have a limited understanding of the institutional structure of Islamic legal systems, and almost no knowledge about the training and professional culture of the figures who administer Islamic justice around the world. It argues for the importance of comparative research in this area. The rest of the volume is divided into three sections — each focusing on a different country. Each section begins with history of Islamic law in the country at issue and of the systems that it has developed to interpret, adjudicate and enforce Islamic law. In each country-section, the historical introduction is followed by a chapter exploring in detail how Islamic judges in that country are trained, selected, supervised and promoted. This is followed by another article discussing the lawyers who represent clients before these courts. It describes the training and credentialing of these lawyers, the bar associations to which they belong and the relationship of “Islamic lawyers” to other types of lawyer in the country. Providing a wealth of empirical data about three important Islamic legal systems and a new comparative perspective, this volume allows us to understand better the structure and culture of Islamic adjudication in crucially important countries. It allows us also to identify hitherto hidden patterns and discrepancies in the administration of Islamic law around the world.

Centralized decentralization or decentralized centralization? A review of newer Norwegian research on schools and their communities

In this paper, Norwegian research on the relationship between the school and the local community during the past 30 years is reviewed. The Norwegian context of schooling is briefly described, pointing out the rural–urban conflict. The review is organized into two phases: research in the expansive and contractive phases of the Norwegian welfare state. Substantial research results are summarised. The challenge is how to raise the quality of research on the relationship between the school and the community. Themes discussed are the role of research – legitimizing or critical – based on an independent database of research knowledge, research designs and the dimension of time, research questions and choice of conceptual perspectives, local agency and children's voice in research and the importance of comparative research.

Researching Refugee Youth in the Middle East: Reflections on the Importance of Comparative Research

This paper reflects on the value of comparative anthropological research with refugee youth. It examines a participatory research programme in eight field sites in the Middle East and North Africa. While recognizing the importance of the specific socio-political and cultural context of the different field sites it has been possible to uncover similarities among refugee youth that would have been missed were it not for the exercise in comparison. What emerges from these findings within research contexts which were viewed by some as unique and thus not comparable are thematic similarities. Characteristic of many young people living in situations of prolonged forced migration are issues of multiple and conflicting identities and ambivalence to transgressed places; activism; and engagement in activities independent of existing humanitarian aid structures. Thus it can be seen that comparative studies can draw out the features and qualities which transcend borders local cultures and the humanitarian aid regime to display the traits in common among refugee youth. (authors)

Organizational Commitment of Managers in Jordan: A Field Study

This research is a field study, which was conducted in the summer of 2002 to examine the levels of organizational commitment felt by Jordanian managers in the various types organizations. The survey consisted of 332 supervisors from the middle management level at ministries, public institutions, nongovernment organizations (NGOs), and private companies. The study showed no relationship between the type of organization and the organizational commitment. However, it did show negative relationships between commitment and age, educational levels and length of service. Those findings differ from most research findings. That reveals national cultures and contexts are moderators of such relationships which underlines the importance of comparative research in order to reach scientific generalizations in this area.

On the importance of comparative research: the case of folkbiology.

If our goal as researchers is to understand the range and complexity of human conceptual development, increased attention to comparative research is essential. I draw on research in the domain of folkbiology-commonsense understandings of plants and animals--to argue that several lines of comparative research are needed to understand the acquisition of folkbiology in particular and conceptual development in general. First, comparisons are needed between children and adults within a given society. It is impossible to understand the process of conceptual development without a detailed look at adult endstates in a domain. Second, comparisons are needed between adult endstates in different contexts. For a complete understanding of conceptual development we must understand the range of variability of adult conceptual systems. Finally, comparisons are needed among children developing in different contexts. Such research complements comparative work on adults and would serve to distinguish between universal and particular patterns of development and thus to inform and constrain accounts of conceptual development.

Social determinants of alcohol and marijuana effects: a systematic theory.

Based on the sociological perspective on recreational drug effects, three social determinants are propositionally related to the normal effects of alcohol and marijuana. Effects vary across drugs, users, and situations along an experimental-behavioral dimension termed "effect-orientation." The content of normative expectations toward effects and the interactional characteristics of drug-using situations are conceptualized as direct determinants of effect-orientations. The relative clarity of normative expectations indirectly influences effect-orientations through its relationship to the other two social determinants. The theory stresses the importance of comparative research on the normal uses of alcohol and marijuana.