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Author: Mark Fenwick
Publisher: Springer
ISBN: 4431557873
Category : Law
Languages : en
Pages : 229
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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
Get Book Here
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
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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
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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: Edwin Collins
Publisher: Createspace Independent Publishing Platform
ISBN: 9781724885821
Category :
Languages : en
Pages : 230
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Book Description
This book brings together a number of efforts analyzing how changes associated with economic globalization have brought about enhancing new requirements on, and objectives of, those areas of law connected to the control of cross-border commercial dealings. These new requirements of law - in particular, that it be more nimble or "flexible" in money economic system - have persuaded congress and authorities in several areas to look at a range of new controlling techniques and lawful forms to reply to this task. In many cases, these modifications in law have required limiting traditional lawful concepts, such as lawful confidence, for of strengthening authorities with greater attention than has typically been allowed in modern law. This change increases important questions about this is of equity, as well as the relationship between the public and private good.
Author: Daniel V. Davidson
Publisher: Aspen Publishing
ISBN: 154385849X
Category : Commercial law
Languages : en
Pages : 1094
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Book Description
"Text for college level business law courses"--
Author: Mark Fenwick
Publisher: Bloomsbury Publishing
ISBN: 150991126X
Category : Law
Languages : en
Pages : 325
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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
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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
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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
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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
Publisher: Bloomsbury Publishing
ISBN: 150991806X
Category : Law
Languages : en
Pages : 240
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Book Description
This book provides an accessible introduction to selected new issues in transnational law, and connects them to existing theoretical debates on transnational business regulation. More specifically, (i) it introduces the argument about the evolving character of contemporary international business regulation; (ii) it provides an overview of some of the main fields of law that are currently important for firms that operate across borders; and (iii) it sets out an interpretive framework for making sense of disparate developments occurring across a number of jurisdictions, among which are the form of regulation and style of enforcement, issues of legal certainty, and behavioural aspects of regulation. The selected topics are indicative of some key issues confronting businesses looking to operate across national borders, as well as policy makers seeking to introduce and enforce meaningful regulatory standards in an increasingly global society. Topics include: consumer law; product liability; warranty law and obsolescence; collective redress; alternative dispute resolution; corporate wrongdoing; corporate governance; and e-commerce. This timely work offers a novel perspective on transnational business law and examines a range of legal issues that preoccupy companies operating transnationally. This book is intended not only for law students looking for an introduction, overview or commentary on the contemporary state of international business law, but also for anyone looking for an introduction to the regulation of business in a global, inter-connected economy.
