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Frank Fagan

A legal cycle is legislation that takes effect contingently, where contingent factors are ex ante known to fluctuate with some level of predictable regularity. Apart from broad constitutional mandate, lawmakers have historically and suboptimally responded to legal cycles with general and patchwork patterns of legislation involving repeal, amendment, and new enactment. This is true across nearly all domains of codified law. This chapter develops a normative theory of how lawmakers should respond to legal cycles by setting forth the optimal architecture of stabilization rules. Under a general set of conditions, stabilization rules work toward smoothing fluctuations in rulemaking and exert downward pressure on short-term legislative pathologies that result from cognitive bias and interest group politics. The potential of welfare-enhancing stabilization rules is discussed across banking law, budget law, environmental law, health law, national security law, and criminal sentencing. Keywords: timing rules, contingent law, legal cycles, stabilization rules, climate change, budget law, availability bias

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Eric A. Posner

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Edited by Ann Numhauser-Henning

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Edited by Ann Numhauser-Henning

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Edited by Ann Numhauser-Henning

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Ann Numhauser-Henning

This introductory chapter provides a brief background on ageing society in an EU policy development perspective and introduces the studies on law and ageing within the Norma Research Programme. It then thematizes the interrelations between the different contributions to this book and relates them more generally to a variety of relevant concepts and perspectives, among them ageing and ageism. Legal developments are also elaborated upon in the terms of normative patterns, and particularly in terms of the progress of the market functional pattern identified in a number of the reported studies. Ageing, ageism, the Norma Research Programme, normative patterns, market functional

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Jue Jiang

Criminal reconciliation, xingshi hejie, is a ‘special procedure’ laid down in the 2012 PRC Criminal Procedure Law. This mechanism allows the alleged victims and suspects/defendants of certain crimes to ‘reconcile’ and thereby close criminal cases. Actually, since the early 2000s, this mechanism has been practised as an ‘experimental programme’ in many places in China. This chapter first provides a background of the introduction of criminal reconciliation, which is mainly a result of the authorities’ changing perspectives on legal reforms as well as on the criminal justice system. Following it, this chapter conducts a historical review of the Chinese mediation systems that have been in place since the Mao era, showing the connections between China’s mediation systems and various political ends, as well as the impacts of these connections on the parties’ rights and voluntariness. The last section of this chapter critically overviews the existing debates over criminal reconciliation practices, and the deficiencies with the existing literature on this mechanism.
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Geoffrey Samuel

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Edited by Thierry Delpeuch and Jacqueline E. Ross

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Geoffrey Samuel