Generating Trust Through Law? - Judicial Cooperation in the European Union and the 'Principle of Mutual Trust'


Book Description

For a long time, EU institutions have emphasized the connection between one of the most important concepts of the integration method, mutual recognition, and the presence of mutual trust between EU Member States. Only recently, the ECJ reaffirmed in its Opinion 2/13 that mutual trust is at the heart of the EU and a “fundamental premiss” of the European legal structure. But can law really restore, advance or even govern by trust? This question is crucial for the EU of today, which finds itself in the midst of a severe crisis of trust. For the EU as a community “based on the rule of law” generating trust through law might seem the natural, maybe the only politically viable response to a crisis of trust. Nevertheless, even if one agrees that the rule of law requires people to place trust in legal rules, and that courts and administrative agencies need to trust each other in order to work efficiently and consistently, how would legal rules be able to generate or promote trust? Moreover, isn't it deeply rooted in our ideas about constitutional government that democratic law must institutionalize mutual distrust rather than govern by trust? These conceptual and normative objections did not stop the European Union from pursuing the project of trust-building through law in one of the most sensitive areas of EU law, judicial cooperation in civil and criminal matters. This Article will ask whether the project to promote trust through law is a promising one, and, eventually, how to reinterpret statutory provisions and legal principles that purport to generate trust amongst their addressees.




Trust in the Law


Book Description

Public opinion polls suggest that American's trust in the police and courts is declining. The same polls also reveal a disturbing racial divide, with minorities expressing greater levels of distrust than whites. Practices such as racial profiling, zero-tolerance and three-strikes laws, the use of excessive force, and harsh punishments for minor drug crimes all contribute to perceptions of injustice. In Trust in the Law, psychologists Tom R. Tyler and Yuen J. Huo present a compelling argument that effective law enforcement requires the active engagement and participation of the communities it serves, and argue for a cooperative approach to law enforcement that appeals to people's sense of fair play, even if the outcomes are not always those with which they agree. Based on a wide-ranging survey of citizens who had recent contact with the police or courts in Oakland and Los Angeles, Trust in the Law examines the sources of people's favorable and unfavorable reactions to their encounters with legal authorities. Tyler and Huo address the issue from a variety of angles: the psychology of decision acceptance, the importance of individual personal experiences, and the role of ethnic group identification. They find that people react primarily to whether or not they are treated with dignity and respect, and the degree to which they feel they have been treated fairly helps to shape their acceptance of the legal process. Their findings show significantly less willingness on the part of minority group members who feel they have been treated unfairly to trust the motives to subsequent legal decisions of law enforcement authorities. Since most people in the study generalize from their personal experiences with individual police officers and judges, Tyler and Huo suggest that gaining maximum cooperation and consent of the public depends upon fair and transparent decision-making and treatment on the part of law enforcement officers. Tyler and Huo conclude that the best way to encourage compliance with the law is for legal authorities to implement programs that foster a sense of personal involvement and responsibility. For example, community policing programs, in which the local population is actively engaged in monitoring its own neighborhood, have been shown to be an effective tool in improving police-community relationships. Cooperation between legal authorities and community members is a much discussed but often elusive goal. Trust in the Law shows that legal authorities can behave in ways that encourage the voluntary acceptance of their directives, while also building trust and confidence in the overall legitimacy of the police and courts. A Volume in the Russell Sage Foundation Series on Trust




The 10 Laws of Trust


Book Description

Because of trust in leadership, in each other, and in the mission, a tiny company like John Deere grew into a worldwide leader. On the opposite spectrum, a lack of trust is what eventually sank the seemingly unsinkable corporation of Enron. A culture of trust for all companies large and small is invaluable. Trust turns deflection into transparency, suspicion into empowerment, and conflict into creativity. And what many have learned unfortunately is that no enterprise is too large or too successful to withstand a lack of trust within its walls.In The 10 Laws of Trust, JetBlue chairman and Stanford Graduate School of Business professor Joel Peterson explores how a culture of trust gives companies an edge. Consider this: What does it feel like to work for a firm where leaders and colleagues trust one another? Peterson has found that, when freed from micromanagement and rivalry, every employee contributes his or her best. Risk taking and innovation become the norm. In clear, engaging prose, highlighted by compelling examples, Peterson details how to establish and maintain a culture of trust, including:• Start with integrity• Invest in respect• Empower everyone• Require accountability• Keep everyone informed• And much more!As Peterson notes, “When a company has a reputation for fair dealing, its costs drop: Trust cuts the time spent second-guessing and lawyering.” With this indispensable resource for businesses large and small, you will learn how to plant the seeds of trust throughout your organization--and reap the rewards of reputation, profits, and success!




The Trust Revolution


Book Description

Traces the history of innovation and trust, demonstrating how the Internet offers new ways to rehabilitate and strengthen trust.




10 Laws of Trust, Expanded Edition


Book Description

JetBlue Chairman Joel Peterson provides the playbook for establishing and maintaining a culture of trust that breaks down the operational silos and CYA mentality that plague many organizations. Trust is the glue that holds an organization together. It turns deflection into transparency, suspicion into empowerment, and conflict into creativity. With it, a tiny company like John Deere grew into a worldwide leader. Without it, a giant corporation like Enron toppled. How does it feel to work for a firm where leaders and colleagues trust one another? Freed from micromanagement and rivalry, every employee contributes his or her best. Risk-taking and innovation become the norm. With compelling examples, JetBlue Chairman Joel Peterson details how to establish and maintain a culture of trust, including: Start with integrity Invest in respect Empower everyone Require accountability Create a winning vision Keep everyone informed Budget in line with expectations Embrace conflict Forget “you” to become an effective leader This fully expanded edition includes a powerful self-assessment tool for organizations to evaluate their culture of trust and discover areas for improvement. Peterson has also added rich new case studies and chapters on the theme of betrayal, including how to manage and guard against it. With The 10 Laws of Trust Expanded Edition in hand, you’ll be able to plant the seeds of trust—and reap the rewards of reputation, profits, and success.




Building Trust


Book Description

Losing someone’s trust is easy—building it back is much harder. In Building Trust: Exceptional Leadership in an Uncertain World, Darryl Stickel answers the key questions leaders face: what is trust, why is it essential to leadership, and how can I become more trusted? Trust is a basic, intuitive human reaction; it holds the fabric of our society together. Unfortunately, trust is at an all-time low in our institutions, governments, healthcare, and law enforcement. Fewer people attend a place of worship than at any time in the last eighty-plus years. Citizens fear their votes are not being counted and that politicians are lying to them—that the system itself has no legitimacy. People fail to take life-saving vaccines because they don’t trust what medical professionals and policymakers tell them. In law enforcement, a lack of trust motivates non-cooperation, fear, and a breakdown in law and order. We are facing an unprecedented trust-deficit crisis. In Building Trust: Exceptional Leadership in an Uncertain World, Darryl Stickel, one of the world’s foremost experts on trust, outlines his groundbreaking Trust Unlimited blueprint for building trust. Stickel moves away from the traditional approach of influencing people’s willingness to trust—the con artist’s tactic—to employing one or more of ten levers, which leaders can “pull” to close the gap between how much they are trusted and how much they should be. This approach also makes them more trustable and increases trust where it is deficient. Detailed case studies provide examples of his Trust Unlimited model in action.




The Code of Capital


Book Description

"Capital is the defining feature of modern economies, yet most people have no idea where it actually comes from. What is it, exactly, that transforms mere wealth into an asset that automatically creates more wealth? The Code of Capital explains how capital is created behind closed doors in the offices of private attorneys, and why this little-known fact is one of the biggest reasons for the widening wealth gap between the holders of capital and everybody else. In this revealing book, Katharina Pistor argues that the law selectively "codes" certain assets, endowing them with the capacity to protect and produce private wealth. With the right legal coding, any object, claim, or idea can be turned into capital - and lawyers are the keepers of the code. Pistor describes how they pick and choose among different legal systems and legal devices for the ones that best serve their clients' needs, and how techniques that were first perfected centuries ago to code landholdings as capital are being used today to code stocks, bonds, ideas, and even expectations--assets that exist only in law. A powerful new way of thinking about one of the most pernicious problems of our time, The Code of Capital explores the different ways that debt, complex financial products, and other assets are coded to give financial advantage to their holders. This provocative book paints a troubling portrait of the pervasive global nature of the code, the people who shape it, and the governments that enforce it."--Provided by publisher.




Building Trust in Taxation


Book Description

The contemporary tax landscape is experiencing a legitimacy crisis caused by macro-economic disturbances in the past decade, as well as numerous revelations in the media, such as Swissleaks, Luxleaks, and the Panama Papers. This crisis has resulted in people losing trust in their government and in corporations, thereby becoming more reluctant to give their share of money for redistribution. Written by experts in their field and with an interdisciplinary perspective, Building Trust in Taxation analyzes a topical issue which is integral to the development of society. Why are states or collective institutions not able to generate the sufficient level of trust that would enable them to collect enough revenue? Who or what is responsible for the decline in trust? What are the key factors contributing to the decline in trust? Why do the levels of trust differ between states? Is this strictly a fiscal issue, meaning that we should search for the root of the issue only in the properties of tax systems and the differences between tax systems? Or are there institutional structures and political ideologies which differ from state to state that might be able to explain this difference? Written by experts in their field and with an interdisciplinary perspective Building Trust in Taxation analyses a topical issue which is integral to the development of society. Subject: Tax Law, Legal Theory, Politics]







Social Enterprise Law


Book Description

Social enterprises represent a new kind of venture, dedicated to pursuing profits for owners and benefits for society. Social Enterprise Law provides tools that will allow them to raise the capital they need to flourish. Social Enterprise Law weaves innovation in contract and corporate governance into powerful protections against insiders sacrificing goals such as environmental sustainability in the pursuit of short-term profits. Creating a stable balance between financial returns and public benefits will allow social entrepreneurs to team up with impact investors that share their vision of a double bottom line. Brakman Reiser and Dean show how novel legal technologies can allow social enterprises to access capital markets, including unconventional sources such as crowdfunding. With its straightforward insights into complex areas of the law, the book shows how a social mission can even be shielded from the turbulence of an acquisition or bankruptcy. It also shows why, as the metrics available to measure the impact of social missions on individuals and communities become more sophisticated, such legal innovations will continue to become more robust. By providing a comprehensive survey of the U.S. laws and a bold vision for how legal institutions across the globe could be reformed, this book offers new insights and approaches to help social enterprises raise the capital they need to flourish. It offers a rich guide for students, entrepreneurs, investors, and practitioners.