Democracy and Financial Order: Legal Perspectives PDF Download

Author: Matthias Goldmann
Publisher: Springer
ISBN: 3662555689
Category : Law
Languages : en
Pages : 230

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Book Description
This book discusses the relationship between democracy and the financial order from various legal perspectives. Each of the nine contributions adopts a unique perspective on the legal and political challenges brought to the fore by the Global Financial Crisis. This crisis and the ensuing sovereign debt crisis in Europe are only the latest in a long series of financial crises around the globe in recent decades. By their very existence, but also as a result of the political turmoil they have created, these financial crises testify to the well-known tensions between democracy and a market-based economic and financial order. However, what is missing in this debate is an analysis of the role of law for reconciling democracy with a market-based financial order. To fill this lacuna, the book focuses on the controversy surrounding the concept of law, thereby adding another variable to the debate on the relation between democracy and capitalism. Each chapter addresses the concept of law from a particular theoretical angle, be it a full-grown legal theory or an approach in political economy that has a particular view of the law.

Author: Matthias Goldmann
Publisher:
ISBN:
Category :
Languages : en
Pages : 204

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Book Description
This special issue assembles eight articles on the relationship between democracy and the financial order from various legal perspectives. Each article engages with the concept of law from a particular theoretical angle, be it a full-grown legal theory or an approach in political economy that has a particular view of the law. We have arranged the special issue in order to reflect certain debates. Thus, the special issue begins with a debate between two contemporary German theories of law by Jürgen Habermas (Goldmann and Steininger) and Niklas Luhmann (Viellechner). Next is a transatlantic debate between rational choice conceptions of law (Towfigh) and ideas of constitutional pluralism (Avbelj). Different traditions of mostly Anglo-Saxon liberalism are reflected in the contribution by Suttle. Eventually, three contributions engage with conceptions of law in neoliberalism and ordoliberalism and the way they have shaped our perceptions of public finance, including budgetary rules, taxes, and money (Biebricher, Saffie, Feichtner).To connect theory with life, each contribution elaborates its salient theoretical points by using an example of a particular case study or issue area that faces challenges in the aftermath of the financial crisis. Thus, while all articles address the law's capacity to accommodate both democracy and capitalism, each individually contributes to the development of law and policy in a particular issue area. Topics range from sovereign debt issues (Goldmann and Steininger, Viellechner, Suttle) to budgetary restrictions (Biebricher), banking regulation (Avbelj), money and the ECB (Towfigh and Feichtner), and taxes (Saffie).

Author: Aldo Musacchio
Publisher: Cambridge University Press
ISBN: 052151889X
Category : Business & Economics
Languages : en
Pages : 329

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Book Description
A detailed historical description of the evolution of corporate governance and stock markets in Brazil in the late nineteenth and twentieth centuries.

Author: Martin Belov
Publisher: Routledge
ISBN: 1000385337
Category : Law
Languages : en
Pages : 281

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Book Description
This book offers a multi-discursive analysis of the constitutional foundations for peaceful coexistence, the constitutional background for discontent and the impact of discontent, and the consequences of conflict and revolution on the constitutional order of a democratic society which may lead to its implosion. It explores the capacity of the constitutional order to serve as a reliable framework for peaceful co-existence while allowing for reasonable and legitimate discontent. It outlines the main factors contributing to rising pressure on constitutional order which may produce an implosion of constitutionalism and constitutional democracy as we have come to know it. The collection presents a wide range of views on the ongoing implosion of the liberal-democratic constitutional consensus which predetermined the constitutional axiology, the institutional design, the constitutional mythology and the functioning of the constitutional orders since the last decades of the 20th century. The constitutional perspective is supplemented with perspectives from financial, EU, labour and social security law, administrative law, migration and religious law. Liberal viewpoints encounter radical democratic and critical legal viewpoints. The work thus allows for a plurality of viewpoints, theoretical preferences and thematic discourses offering a pluralist scientific account of the key challenges to peaceful coexistence within the current constitutional framework. The book provides a valuable resource for academics, researchers and policymakers working in the areas of constitutional law and politics.

Author: Joana Mendes
Publisher: Bloomsbury Publishing
ISBN: 1509911928
Category : Law
Languages : en
Pages : 453

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Book Description
The question of which European or international institution should exercise public authority is a highly contested one. This new collection offers an innovative approach to answering this vexed question. It argues that by viewing public authority as relative, it allows for greater understanding of both its allocation and its legitimacy. Furthermore, it argues that relations between actors should reflect the comparative analysis of the legitimacy assets that each actor can bring into governance processes. Put succinctly, the volume illustrates that public authority is relative between actors and relative to specific legitimacy assets. Drawing on the expertise of leading scholars in the field, it offers a thought-provoking and rigorous analysis of the long debated question of who should do what in European and international law.

Author: Jürgen Habermas
Publisher: John Wiley & Sons
ISBN: 0745694268
Category : Philosophy
Languages : en
Pages : 636

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Book Description
This is Habermas's long awaited work on law, democracy and the modern constitutional state in which he develops his own account of the nature of law and democracy.

Author: Marc Bungenberg
Publisher: Springer Nature
ISBN: 3030590712
Category : Law
Languages : en
Pages : 449

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Book Description
Volume 11 of the EYIEL focuses on rights and obligations of business entities under international economic law. It deals with the responsibilities of business entities as well as their special status in various subfields of international law, including human rights, corruption, competition law, international investment law, civil liability and international security law. The contributions to this volume thus highlight the significance of international law for the regulation of business entities. In addition, EYIEL 11 addresses recent challenges, developments as well as events in European and international economic law such as the 2019 elections to the European Parliament, Brexit and the EU-Mercosur Free Trade Agreement. A series of essays reviewing new books on international trade and investment law completes the volume.

Author: William Callison
Publisher: Fordham University Press
ISBN: 0823285731
Category : Political Science
Languages : en
Pages : 320

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Book Description
Tales of neoliberalism’s death are serially overstated. Following the financial crisis of 2008, neoliberalism was proclaimed a “zombie,” a disgraced ideology that staggered on like an undead monster. After the political ruptures of 2016, commentators were quick to announce “the end” of neoliberalism yet again, pointing to both the global rise of far-right forces and the reinvigoration of democratic socialist politics. But do new political forces sound neoliberalism’s death knell or will they instead catalyze new mutations in its dynamic development? Mutant Neoliberalism brings together leading scholars of neoliberalism—political theorists, historians, philosophers, anthropologists and sociologists—to rethink transformations in market rule and their relation to ongoing political ruptures. The chapters show how years of neoliberal governance, policy, and depoliticization created the conditions for thriving reactionary forces, while also reflecting on whether recent trends will challenge, reconfigure, or extend neoliberalism’s reach. The contributors reconsider neoliberalism’s relationship with its assumed adversaries and map mutations in financialized capitalism and governance across time and space—from Europe and the United States to China and India. Taken together, the volume recasts the stakes of contemporary debate and reorients critique and resistance within a rapidly changing landscape. Contributors: Étienne Balibar, Sören Brandes, Wendy Brown, Melinda Cooper, Julia Elyachar, Michel Feher, Megan Moodie, Christopher Newfield, Dieter Plehwe, Lisa Rofel, Leslie Salzinger, Quinn Slobodian

Author: Björnstjern Baade
Publisher: Springer Nature
ISBN: 3662621282
Category : Law
Languages : en
Pages : 369

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Book Description
Analysing international law through the prism of “cynicism” makes it possible to look beyond overt disregard for international law, currently discussed in terms of a backlash or crisis. The concept allows to analyse and criticise structural features and specific uses of international law that seem detrimental to international law in a more subtle way. Unlike its ancient predecessor, cynicism nowadays refers not to a bold critique of power but to uses and abuses of international law that pursue one-sided interests tacitly disregarding the legal structure applied. From this point of view, the contributions critically reflect on the theoretical foundations of international law, in particular its relationship to power, actors such as the International Law Commission and international judges, and specific fields, including international human rights, humanitarian, criminal, tax and investment law.

Author: Elisabeth Veronika Henn
Publisher: Springer
ISBN: 3662586770
Category : Law
Languages : en
Pages : 240

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Book Description
International courts and other actors are increasingly taking into account pre-existing social structures and inequalities when addressing and redressing human rights violations, in particular discrimination against specific groups. To date, however, academic legal research has paid little attention to this gentle turn in international human rights law and practice to address structural discrimination. In order to address this gap, this study analyses whether and to what extent international and regional human rights frameworks foresee positive obligations for State parties to address structural discrimination, and, more precisely, gender hierarchies and stereotypes as root causes of gender-based violence. In order to answer this question, the book analyses whether or not international human rights law requires pursuing a root-cause-sensitive and transformative approach to structural discrimination against women in general and to the prevention, protection and reparation of violence against women in particular; to what extent international courts and (quasi)judicial bodies address State responsibility for the systemic occurrence of violence against women and its underlying root causes; whether or not international courts and monitoring bodies have suitable tools for addressing structural discrimination within the society of a contracting party; and the limits to a transformative approach.