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Author: Mark Fenwick Publisher: Springer ISBN: 4431557873 Category : Law Languages : en Pages : 229
Book Description
This book brings together a number of contributions examining how changes associated with economic globalization have contributed to the creation of new pressures on, and expectations of, those fields of law connected to the regulation of cross-border commercial transactions. These new demands of law – in particular, that it be more agile or “flexible” in regulating the economy – have prompted lawmakers and regulators in multiple jurisdictions to adopt a range of new regulatory techniques and legal forms to respond to this challenge. In many cases, these adaptations in law have entailed compromising traditional legal principles, such as legal certainty, in favor of empowering regulators with greater discretion than has traditionally been permitted in modern law. This change raises important questions about the meaning of fairness (certainty or flexibility), as well as the relationship between the public and private good.
Author: Mark Fenwick Publisher: Springer ISBN: 4431557873 Category : Law Languages : en Pages : 229
Book Description
This book brings together a number of contributions examining how changes associated with economic globalization have contributed to the creation of new pressures on, and expectations of, those fields of law connected to the regulation of cross-border commercial transactions. These new demands of law – in particular, that it be more agile or “flexible” in regulating the economy – have prompted lawmakers and regulators in multiple jurisdictions to adopt a range of new regulatory techniques and legal forms to respond to this challenge. In many cases, these adaptations in law have entailed compromising traditional legal principles, such as legal certainty, in favor of empowering regulators with greater discretion than has traditionally been permitted in modern law. This change raises important questions about the meaning of fairness (certainty or flexibility), as well as the relationship between the public and private good.
Author: Matthew Marsh Publisher: ISBN: 9781978063068 Category : Languages : en Pages : 230
Book Description
This book brings together a number of contributions examining how changes associated with economic globalization have contributed to the creation of new pressures on, and expectations of, those fields of law connected to the regulation of cross-border commercial transactions. These new demands of law in particular, that it be more agile or "flexible" in regulating the economy have prompted lawmakers and regulators in multiple jurisdictions to adopt a range of new regulatory techniques and legal forms to respond to this challenge. In many cases, these adaptations in law have entailed compromising traditional legal principles, such as legal certainty, in favor of empowering regulators with greater discretion than has traditionally been permitted in modern law.
Author: Paul Thomas Publisher: Createspace Independent Publishing Platform ISBN: 9781979804929 Category : Languages : en Pages : 230
Book Description
This book brings together a number of contributions examining how changes associated with economic globalization have contributed to the creation of new pressures on, and expectations of, those fields of law connected to the regulation of cross-border commercial transactions. These new demands of law - in particular, that it be more agile or "flexible" in regulating the economy - have prompted lawmakers and regulators in multiple jurisdictions to adopt a range of new regulatory techniques and legal forms to respond to this challenge. In many cases, these adaptations in law have entailed compromising traditional legal principles, such as legal certainty, in favor of empowering regulators with greater discretion than has traditionally been permitted in modern law.
Author: Mark Fenwick Publisher: Bloomsbury Publishing ISBN: 150991126X Category : Law Languages : en Pages : 328
Book Description
The principle of legal certainty is of fundamental importance for law and society: it has been vital in stabilising normative expectations and in providing a framework for social interaction, as well as defining the scope of individual freedom and political power. Even though it has not always been fully realised, legal certainty has also functioned as a normative ideal that has structured legal debates, both at the national and transnational level. This book presents research from a range of substantive areas regarding the meaning, possibility and desirability of legal certainty in the context of a rapidly changing global society. It aims to address these issues by bringing together scholars from various jurisdictions in order to examine changes in the shifting meaning of legal certainty in a comparative and transnational context. In particular, the book explores some of the tensions that now exist between the conventional expectation of legal certainty and the various challenges associated with regulating highly complex, late modern economies and societies. The book will be of interest to lawyers concerned with understanding the transformation of core rule of law values in the context of contemporary social change, as well as to political scientists and social theorists.
Author: Mark Fenwick Publisher: Springer ISBN: 9811001146 Category : Law Languages : en Pages : 194
Book Description
This book addresses issues concerning the shifting contemporary meaning of legal certainty. The book focuses on exploring the emerging tensions that exist between the demand for legal certainty and the challenges of regulating complex, late modern societies. The book is divided into two parts: the first part focusing on debates around legal certainty at the national level, with a primary emphasis on criminal law; and the second part focusing on debates at the transnational level, with a primary emphasis on the regulation of transnational commercial transactions. In the context of legal modernity, the principle of legal certainty—the idea that the law must be sufficiently clear to provide those subject to legal norms with the means to regulate their own conduct and to protect against the arbitrary use of public power—has operated as a foundational rule of law value. Even though it has not always been fully realized, legal certainty has functioned as a core value and aspiration that has structured normative debates throughout political modernity, both at a national and international level. In recent decades, however, legal certainty has come under increasing pressure from a number of competing demands that are made of contemporary law, in particular the demand that the law be more flexible and responsive to a social environment characterized by rapid social and technological change. The expectation that the law operates in new transnational contexts and regulates every widening sphere of social life has created a new degree of uncertainty, and this change raises difficult questions regarding both the possibility and desirability of legal certainty. This book compiles, in one edited volume, research from a range of substantive areas of civil and criminal law that shares a common interest in understanding the multi-layered challenges of defining legal certainty in a late modern society. The book will be of interest both to lawyers interested in understanding the transformation of core rule of law values in the context of contemporary social change and to political scientists and social theorists.
Author: Lukas Staffler Publisher: Springer Nature ISBN: 3658344725 Category : Business & Economics Languages : en Pages : 483
Book Description
This textbook deals with business criminal law from the perspective of Germany, Austria, Liechtenstein and Switzerland. It primarily addresses students in business and economics (master's programme) as well as business practitioners, but is also meant for lawyers and law students. As criminal law legislators exert considerable influence on economic life, raising and growing awareness in the area of criminal law seems compulsory for future managers and executives. This textbook approaches the legal field less normatively and rather in a practical and entrepreneurial way. Its contents are based on the master level class "Business Criminal Law" at "MCI | The Entrepreneurial School" taught by the author. This textbook has been recommended and developed for university courses in Germany, Austria and Switzerland.
Author: C. Kerry Fields Publisher: Aspen Publishing ISBN: 154382319X Category : Business & Economics Languages : en Pages : 2141
Book Description
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase courseware to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions; an outline tool and other helpful resources. Contemporary Business Law offers a focused, direct, and practical treatment of business topics written with today’s student in mind. Experienced authors C. Kerry Fields and Kevin Fields offer a readable overview of business law grounded in the day-to-day application of the topics in the real world. With a blend of legal theory and practical managerial applications, the book expertly covers all the key topics in an engaging and readable format. An accessible writing style combined with thoughtful pedagogy make this text ideal for undergraduate students. Each chapter includes well-edited cases that highlight key legal concepts and integrate ethical considerations. Plentiful examples show students the practical applications of the law. Managerial Applications and thoughtful exercises encourage critical thinking. In addition, students will benefit from features such as chapter outlines, learning objectives, key terms in bold and defined in the text, concept summaries, and chapter summaries. Professors and student will benefit from: Coverage of all the substantive areas required for both a one- and two-semester business law curriculum. The book complies with AACSB accreditation standards. Ethics questions included throughout the text to develop critical thinking and decision-making skills. Practical approach of the book, written with the student in mind, keeping legal theory to a minimum and introducing concepts in the context of actual business practice. Excellent pedagogy and well-edited cases. Ample exercises that offer opportunities for students to apply what they have learned.
Author: Mark Fenwick
Author: Mark Fenwick
Author: Matthew Marsh
Author: Paul Thomas
Author: Daniel V. Davidson
Author: Thomas W. Dunfee
Author: Shawn Bayern
Author: Mark Fenwick
Author: Mark Fenwick
Author: Lukas Staffler
Author: C. Kerry Fields