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Book part
Publication date: 26 September 2006

Patricia Tuitt

The political landscape that has been unfolding since the attacks on the World Trade Centre in September 2001 has created an urgent imperative for a reappraisal of the…

Abstract

The political landscape that has been unfolding since the attacks on the World Trade Centre in September 2001 has created an urgent imperative for a reappraisal of the place of individual force within philosophies of violence, particularly those that are directed to law. An extensive critique of the relation between law and violence has emerged around the works of philosophers, such as Walter Benjamin, Franz Fanon, Jacques Derrida and Giorgio Agamben (1998, In: D.H. Roazen (Trans.), Homo sacer: Sovereign power and bare life. California: Stanford University Press), but it is questionable whether any of these provide us with the conceptual tools with which to address what is being presented (correctly or otherwise) as a particular problematic of the 21st century. Indeed, I would argue that a certain intellectual malaise surrounds discussion around individual force and that this state of affairs is in large measure due to the way in which critical theory and philosophy has addressed questions concerning the relation between individual violence and the juridical order. Without exception such accounts declare that individual violence undermines the authority of law itself. The following seeks to interrogate this contention and in doing so to begin to construct a more nuanced way of conceiving how the law preserves its authority.

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Studies in Law, Politics and Society
Type: Book
ISBN: 978-0-76231-323-5

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Book part
Publication date: 4 July 2019

Dmitry A. Lipinsky, Victoria V. Bolgova, Aleksandra A. Musatkina and Tatiana V. Khudoykina

The purpose of the research is to determine the essence and notion of economic violation of law and their varieties, and to determine the reasons that lie in the basis of…

Abstract

The purpose of the research is to determine the essence and notion of economic violation of law and their varieties, and to determine the reasons that lie in the basis of this negative social phenomenon. The authors use the philosophical law of integrity and struggle of contradictions and rather-legal, historical and legal, and formal and legal methods of scientific cognition. Such laws of dialectics and transition of quantitative changes into qualitative changes, negation of negation, and others are used. Signs and types of economic violations of law are analyzed and their predetermination by the conflict character of economic relations is noted. Comparison of economic violations of law that are peculiar for administrative and market models of economy is performed. The universal character of economic relations as objects of legal protection is shown. Classification of economic violations of law, based on the level of their public danger and spheres of distribution, is provided. Special attention is paid to civil and legal violations of law as a variety of economic violations of law, based on not anti-social settings of the subject but conflict with the borrowed system of values, which is alien to most members of society. The notion “economic violation of law” is of the collective character and includes illegal actions regarding economic relations, and the latter are of the conflict character due to different interests of subjects, the existing competition, and striving for obtaining profit. Economic violation of law is an illegal form of solving the existing conflict, which leads to application of measures of legal responsibility. The causes of economic violations of law could be overcome by implementation of the values and ideals of justice in the legal norms. They should be based on historical, cultural, spiritual, and legal traditions. All that is imposed artificially is destined for rejection and creation of new conflicts, including economic violations of law.

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Book part
Publication date: 1 January 2004

Jan-Erik Lane

The idea of spontaneous orders dating back to Mandeville and elaborated at length by the Austrian School of Economics (Menger, Hayek) is no doubt a major contribution to…

Abstract

The idea of spontaneous orders dating back to Mandeville and elaborated at length by the Austrian School of Economics (Menger, Hayek) is no doubt a major contribution to the understanding of society (Hamowy, 1987). It offers great insights into how human beings solve coordination problems by unintentionally creating mechanisms for social interaction such as the market, money, language, science and law (Hamowy, 1987; Petsoulas, 2000). Such a successful concept must have its limits somewhere, as a concept which explains everything covers nothing. I wish to explore this question by relating the evolution of European integration after the Second World War to the Hayek theory of a spontaneous order. Perhaps Hayek contributed most to the elaboration of Adam Smith's vision of a self-correcting social order that needs little direction and control (Boettke, 1998). Hayek underlined time and again the importance of spontaneous processes with the entailed claim that government must adopt an attitude of humility towards conventions that are not the result of intelligent design, the justification of which in the particular instant may not be recognizable, and that may appear unintelligible and irrational (Hayek, 1960, 1982).

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The Dynamics of Intervention: Regulation and Redistribution in the Mixed Economy
Type: Book
ISBN: 978-0-76231-053-1

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Book part
Publication date: 3 May 2007

Nicholas Mercuro

Charles K. Rowley's thin chapter is titled “An Intellectual History of Law and Economics: 1739–2003.” I say thin in the sense that, by my calculation, for the dates it…

Abstract

Charles K. Rowley's thin chapter is titled “An Intellectual History of Law and Economics: 1739–2003.” I say thin in the sense that, by my calculation, for the dates it purports to describe, it covers about one decade of history per page. Perhaps “accelerated” might better capture its essence. Overall it is an adequate outline of the history of Chicago law and economics (with some notable exceptions). To his credit (unlike most of the other chapters in this book), perhaps because, as its co-editor and probably responsible for the title of the book, he (like Posner) does actually include a nice discussion of those who were part of the “origins of law and economics.” The chapter does have two major flaws. First, for some odd reason, he chooses to challenge the well-accepted moniker—legal realist movement—and invokes the “legal realist mood” and then tries (awkwardly) to maintain the “mood-spin” within his descriptive analysis—it just sounds silly. One wonders, who (other than he) even thinks to raise the question as whether the legal realists were a “movement” or a “mood.” Surely not Edmund Kitch, one of the mainstays of Chicago law and economics and a contributor to his volume. Kitch does not buy into Rowley's spin; like all other scholars who write on legal realism (both in and out of the field of law and economics), in the forward to his chapter, Kitch follows the legal scholarship and uses the widely accepted—legal realist “movement” (p. 54).

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A Research Annual
Type: Book
ISBN: 978-0-7623-1422-5

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Book part
Publication date: 4 July 2019

Dmitry A. Lipinsky, Victoria V. Bolgova, Aleksandra A. Musatkina and Tatiana V. Khudoykina

The purpose of the research is to study – on the basis of public relations and law of various countries – the characteristics of violation of law as a variety of social…

Abstract

The purpose of the research is to study – on the basis of public relations and law of various countries – the characteristics of violation of law as a variety of social conflict, and to determine соrrelations of material notion “public danger” to notions “conflict” and “legal conflict.” The authors use the philosophical law of integrity and struggle of the oppositions, rather-legal, historical and legal, and formal and legal methods. The authors analyze characteristics of violation of law as a variety of social conflict with the existing values. Absence of similarity of the notions “social value,” “value that is set by the law,” and “value set by the state” is determined, and the possibility of state’s violating the law is considered. Characteristics of crimes, envisages in criminal codes of various countries, are compared, and the feature of public danger, which should ideally reflect the true system of values for a certain organized society, is analyzed. Commonness of the objects of crimes, envisaged by criminal codes of various countries, is shown. Similarity of a lot of objects of crimes, envisages in criminal codes of various countries, is predetermined by the existing values, which are equal for all countries with democracy. Public danger as a criterion of social conflict, due to its evaluation character, which is conducted by authorized subjects, does not influence the acknowledgment of crime – even if criminal law envisages relations that are not values and are alien to this society. From the social aspect, violation of law is a variety of social conflict – with real and formal value, which may not coincide with true public values.

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“Conflict-Free” Socio-Economic Systems
Type: Book
ISBN: 978-1-78769-994-6

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Article
Publication date: 4 August 2021

Sara Dalledonne

The purpose of this paper is to present and analyse part of the relevant legal instruments currently available for regulating environmentally harmful space activities.

Abstract

Purpose

The purpose of this paper is to present and analyse part of the relevant legal instruments currently available for regulating environmentally harmful space activities.

Design/methodology/approach

This paper opted for a functional research method combined with a comparative methodology. To make the argument, this paper relies on the contextual analysis of primary and secondary sources of law, instrument of soft law and the relevant background material (e.g. journal articles, textbooks, law reform and policy papers).

Findings

The central section will focus on the principles of international environmental law to outline their utility in the contemporary context. Finally, the conclusive part will point out the several ways in which the use of analogies can shape the outer space regime, especially concerning how those principles that are developed to safeguard the Earth, can also be extended for the protection of the space ecosystem.

Originality/value

Environmental hazards are rapidly increasing and the current international law and policy on planetary protection are inadequate to meet the challenges of the near future. There is no possibility of an environment-friendly and sustainable future if not strictly connecting it with a comprehensive and transparent acknowledgement of the human mistakes made on Earth. There are valuable lessons to be learned from our past, and it is under this perspective that the trend of polluting the outer space can be reverted. This paper fulfils an identified need to study the correlation between principles of international environmental law, space law and the current situation in the outer space.

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Journal of Property, Planning and Environmental Law, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2514-9407

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Article
Publication date: 3 August 2021

Rebecca Leshinsky

With current commercial space activities accelerating, the purpose of this paper is to contexualise enlivening the discipline of real estate law for outer space.

Abstract

Purpose

With current commercial space activities accelerating, the purpose of this paper is to contexualise enlivening the discipline of real estate law for outer space.

Design/methodology/approach

Drawing on essential topics in real estate law, contracts and insurance, this paper discusses these themes in their terrestrial and extra-terrestrial contexts.

Findings

Real estate law for the outer space environment carries many similarities to real estate law but also significant differences. At this early stage in human space exploration and travel, there is a need to deal more with goods/chattels (property assets); however, this will change as land – the Moon, asteroids, planets – are made available for mining and other activities. Given outer space activities carry high risk for spacecraft and humans, there are reciprocal lessons for real estate law and practice.

Practical implications

Real estate law for outer space is an area already in existence. However, as access to space develops further, particularly with inevitable human presence on the Moon and exploration to Mars, real estate law will also grow in importance and sophistication. Real estate law for outer space relies on contract and property law. These are levers for commercial activities, and a further array of complex law and governance – the Outer Space Treaties, international and national law, international custom, guidelines, codes and standards. Real estate law for space will require an interdisciplinary and global approach in an era where human needs are already reliant on goods and services derived from space, as well as in the quest for exploration beyond the earth and the moon itself.

Originality/value

The time is ripe for space law to be taken into nuanced areas, with real estate law being an important step. Entrenched into the combined real estate and outer space disciplinary context must be consideration of the environment (earth and beyond), sustainability, heritage protection issues, etc., as well as ensuring outer space has equitable opportunities for all nations and citizens.

Details

Journal of Property, Planning and Environmental Law, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2514-9407

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Article
Publication date: 26 November 2020

TieCheng Yang, Yang Chen, Scarlett Zhang, Virginia Qiao, Zhenyu Wang and Shuozhu Zheng

To introduce the Securities Law of the People's Republic of China (the “Securities Law 2019”) revised on 28 December 2019, and provide a detailed analysis on its key…

Abstract

Purpose

To introduce the Securities Law of the People's Republic of China (the “Securities Law 2019”) revised on 28 December 2019, and provide a detailed analysis on its key implications to the securities regulatory regime and market activities, especially securities issuance and trading activities in China.

Design/methodology/approach

This article starts from a historical overview of the Securities Law and its several revisions and amendments, highlights the notable core revisions in the Securities Law 2019, analyzes the key legal and regulatory impacts to the securities-related activities and market players, and finally, provides an outlook to the future developments of securities regulatory regime in conformity with the Securities Law 2019.

Findings

This article concludes that the revisions made to the Securities Law 2019 cover a broad range of issues including the issuance and trading of securities, acquisition of a listed company, information disclosure, securities registration and settlement, etc. Such revisions to the Securities Law will lead to far-reaching and profound implications on the securities regulatory system and industry practice in China.

Practical implications

The Securities Law 2019 attracts broad attention from securities market players as well as relevant professionals of the industry, including securities lawyers. As this is a novel and hot topic within the industry, it is important for securities lawyers to keep on track.

Originality/value

High-level guidance from experienced lawyers in the Capital Markets and Financial Regulation practices.

Details

Journal of Investment Compliance, vol. 22 no. 1
Type: Research Article
ISSN: 1528-5812

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Article
Publication date: 13 July 2021

Noura Taha Aloumi

This study aims to critically analyse corporate criminal liability for bribery in Kuwait, by focusing on laws and regulations as key problem-solving mechanisms. To that…

Abstract

Purpose

This study aims to critically analyse corporate criminal liability for bribery in Kuwait, by focusing on laws and regulations as key problem-solving mechanisms. To that end, it identifies and assesses the existing anti-bribery laws in Kuwait, including a legal evaluation based on international standards. This study raises several issues concerning the lack of regulations of private bribery, facilitating payments and kickbacks in government contracts, and gifts and hospitalities in private sector, using UK Bribery Act 2010 (UK BA 2010) as a reference. This study showcases how these legal shortcomings are inconsistent with international treaties, and undermine efforts to tackle corruption. Emphasis has been put on criminalising private bribery, regulating the acceptance of hospitalities and gifts and abolishing the commission payment regime in public contracts in Kuwait.

Design/methodology/approach

Adopting a doctrinal focus, this paper examines case studies on curbing corporate bribery using both primary and secondary sources. Given the increasingly transitional and organised nature of business corruption, extravagant gifts and facilitating payments in public procurements globally, a comparison is drawn with the UK BA 2010.

Findings

Kuwait’s legal system does not criminalise bribery in private sector. Its anti-bribery laws are not at par with international standards. Therefore, the laws on disclosing commissions in public contracts must be abolished, and facilitating payments and hospitality payments in private sector must be regulated.

Originality/value

This study explores corporate criminal liability for bribery in Kuwait by investigating the weaknesses and legal shortcomings of the existing anti-bribery laws, and proposing reforms to counter these using UK BA 2010 as a guide.

Details

Journal of Financial Crime, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1359-0790

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Article
Publication date: 12 July 2021

Uchechukwu Nwoke and Ibenaku Harford Onoh

The purpose of this paper is to critically analyse the correlation between the rule of law and the efficient functioning of capital markets. It attempts to examine the…

Abstract

Purpose

The purpose of this paper is to critically analyse the correlation between the rule of law and the efficient functioning of capital markets. It attempts to examine the Nigerian capital market and how the rule of law can be used to prevent fraud and promote the proper functioning of the market.

Design/methodology/approach

The paper adopts the doctrinal approach through a critical evaluation of concepts. Using existing literature in the subject area, it evaluates the inter-connectedness between law and the capital market and how the rule of law is an important instrument in capital market development.

Findings

The paper finds that there have been numerous infractions of the rule of law by capital market actors, leading to stultification in the growth and development of this sector of the Nigerian economy.

Originality/value

The paper offers a fresh insight into the correlation between the rule of law and capital markets. By critically assessing the inter-connectivity between the two concepts, it extends the body of knowledge in this area by showing how the operations of the Nigerian capital market could be improved through the proper application of the rule of law.

Details

Journal of Financial Crime, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1359-0790

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