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Author: David Rouch
Publisher:
ISBN:
Category :
Languages : en
Pages : 35
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Book Description
Recent years have seen a rediscovery of the fact that a healthy financial and economic system cannot be based on the lowest common behavioural denominator of what is technically permissible under the black letter of the law. Something more is needed - variously described as 'sound culture', 'professionalism', 'a sense of vocation', 'ethics', 'morality, and 'best practice'. However, it is less clear how these can be achieved if it is not by reference to law or other forms of written standards (such as codes of conduct) since market participants need to understand what standards of behaviour are expected and encouraged to adhere to those standards. Yet use of law and other written standards potentially takes us back to behaviour referenced to the black letter of the law. This paper seeks to help answer the question of how law, regulation and written codes can stimulate behaviour that reflects a standard that transcends them. Among other things, taking the example of the UK financial sector, it looks across the range of written standards (from 'hard' law to private codes) that exist in the sector, and the enforcement mechanisms associated with them, to consider how written standards can come to affect behavioural standards. By using a 'written standards map' of those financial sector standards, it considers the inter-relationship (a) between tightly prescriptive legal and regulatory rules and those that are more aspirational (such as a legal requirement to achieve 'fairness') and (b) between written standards backed by 'hard' legal sanctions and those which depend upon softer or private enforcement mechanisms.
Author: David Rouch
Publisher:
ISBN:
Category :
Languages : en
Pages : 35
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Book Description
Recent years have seen a rediscovery of the fact that a healthy financial and economic system cannot be based on the lowest common behavioural denominator of what is technically permissible under the black letter of the law. Something more is needed - variously described as 'sound culture', 'professionalism', 'a sense of vocation', 'ethics', 'morality, and 'best practice'. However, it is less clear how these can be achieved if it is not by reference to law or other forms of written standards (such as codes of conduct) since market participants need to understand what standards of behaviour are expected and encouraged to adhere to those standards. Yet use of law and other written standards potentially takes us back to behaviour referenced to the black letter of the law. This paper seeks to help answer the question of how law, regulation and written codes can stimulate behaviour that reflects a standard that transcends them. Among other things, taking the example of the UK financial sector, it looks across the range of written standards (from 'hard' law to private codes) that exist in the sector, and the enforcement mechanisms associated with them, to consider how written standards can come to affect behavioural standards. By using a 'written standards map' of those financial sector standards, it considers the inter-relationship (a) between tightly prescriptive legal and regulatory rules and those that are more aspirational (such as a legal requirement to achieve 'fairness') and (b) between written standards backed by 'hard' legal sanctions and those which depend upon softer or private enforcement mechanisms.
Author: David Rouch
Publisher: Springer Nature
ISBN: 3030402207
Category : Business & Economics
Languages : en
Pages : 373
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Book Description
This book is about what Mark Carney has called ‘the social licence for financial markets’ and how it can point us towards a more sustainable future. Author David Rouch argues that what it reveals contrasts sharply with the usual portrayals of markets as places of unrestrained financial self-interest. Drawing attention to a more complex reality and the presence of justice-focused aspirations in finance can positively impact individual, institutional, and systemic behaviour: change, not imposed by regulators, but emerging from the very substance of market relationships. The finance sector should have a key role in addressing humanity’s increasingly pressing sustainability challenges. Yet the relationship between finance and society has not recovered from the 2008 crisis and the scandals and austerity that followed. The Covid-19 pandemic and its economic fallout is sharpening some of the issues and creating new ones. Recognising that financial markets operate subject to a social licence has the potential to galvanise market participants in tackling these challenges, strengthening social solidarity on which markets also depend, and to provide coordinates for navigating a way through the post-pandemic social, political and economic landscape.
Author: Costanza A. Russo
Publisher: Edward Elgar Publishing
ISBN: 1784716545
Category : Law
Languages : en
Pages : 448
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Book Description
The global financial crisis evidenced the corrosive effects of unethical behaviour upon the banking industry. The recurrence of misbehaviour in the financial sector, including fraud and manipulations of market indices, suggests the need to establish a banking culture that conforms to the highest standards of ethical and professional behaviour. This Research Handbook on Law and Ethics in Banking and Finance focuses on the role that law should play and the effectiveness of newly introduced regulations and supervisory actions as a driver for ethical conduct so as to reconnect the interests of bankers and financiers with the interests of society.
Author: Paul Latimer
Publisher: Springer
ISBN: 3319094599
Category : Law
Languages : en
Pages : 251
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Book Description
This book provides a unique comparative and global analysis of the regulation of disclosure in financial (securities) markets. It is written by two authors who represent both the new world (Australia) and the old world (Germany). The authors present their research in the global business context, with legal and regulatory perspectives including some references from Africa, Asia, the Middle East and South America. After every “boom” and “bust”, legislators pass new disclosure legislation, often in a heated environment fuelled by politics and the media. Little regard is paid to existing regulation or the lessons learned from earlier regulation. The result is the continuing enactment of redundant and overlapping disclosure laws. Since financial markets are often described as markets for information, the failure to ensure disclosure is at the heart of financial services regulation. This book argues that the solution to the failure of disclosure is a brief, easily understood, principles-based, plain English safety-net amendment to statute law such as “you must keep the financial market fully informed”, a measure that would support effective mandatory continuous disclosure of information to financial markets. This book examines the reasons for disclosure regulation, and how the efficient operation of financial markets is dependent on disclosure. It examines the adequacy of common law and civil law concerning broker/client disclosure, and concludes that industry licensing in itself fails to keep the market informed. While recognizing the failures of securities commissions to achieve good disclosure in financial markets, it confirms the effectiveness of coregulation of disclosure by a commission with the support of the financial markets (such as the stock exchange). Coregulation builds on financial market self-regulation, and is best described in the words of one-time SEC Chairman William O. Douglas, who, in the 1930s, described it as a shotgun behind the door.
Author: Joe Zammit-Lucia
Publisher: Bloomsbury Publishing
ISBN: 147299020X
Category : Business & Economics
Languages : en
Pages : 289
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Book Description
A fascinating insight into the influence that politics has upon business practices and consumer behaviour - and the development opportunities that this can provide. The New Political Capitalism bridges the gap between the reality of the relationship between business and politics, and the lack of familiarity of the business community, even at the most senior levels, with political thinking. The book demonstrates how businesses that develop effective political antennae can enhance their performance in the emerging age of Political Capitalism. it challenges the notion that business is, or can ever be, 'apolitical', and argues that politics – the visible reflection of social values and cultural trends – shapes the environment in which business operates. More and more people are becoming politicised in the sense that they have strong views about how our societies should function – and the role that business must play. Socio-political issues increasingly affect purchasing decisions with the marketplace becoming one way in which citizens express their political identity – the rise of what some have called 'political consumerism'. Markets themselves are politically constructed, and investors increasingly focus on corporations' political positions. Drawing upon extensive research and case studies, this book weaves together socio-political trends with business purpose, strategy and operations. From why businesses exist at all, to the importance of diversity, and what a company stands for, both culturally and politically, The New Political Capitalism dissects the new opportunities available for those businesses that can develop effective political antennae.
Author: Lisa Herzog
Publisher: Oxford University Press
ISBN: 0191072281
Category : Political Science
Languages : en
Pages : 389
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Book Description
Well-functioning financial markets are crucial for the economic well-being and the justice of contemporary societies. The Great Financial Crisis has shown that a perspective that naively trusts in the self-regulating powers of free markets cannot capture what is at stake in understanding and regulating financial markets. The damage done by the Great Financial Crisis, including its distributive consequences, raises serious questions about the justice of financial markets as we know them. This volume brings together leading scholars from political theory, law, and economics in order to explore the relation between justice and financial markets. Broadening the perspective from a purely economic one to a liberal egalitarian one, the volume explores foundational normative questions about how to conceptualize justice in relation to financial markets, the biases in the legal frameworks of financial markets that produce unjust outcomes, and perspectives of justice on specific institutions and practices in contemporary financial markets. Written in a clear and accessible language, the volume presents analyses of how financial markets (should) function and how the Great Financial Crisis came about, proposals for how the structures of financial markets could be reformed, and analysis of why reform is not happening at the speed that would be desirable from a perspective of justice.
Author: Steven D Moffitt
Publisher: World Scientific Publishing Company
ISBN: 9813143770
Category : Business & Economics
Languages : en
Pages : 1119
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Book Description
Volume 1 of 'The Strategic Analysis of Financial Markets,' — Framework, is premised on the belief that markets can be understood only by dropping the assumptions of rationality and efficient markets in their extreme forms, and showing that markets still have an inherent order and inherent logic. But that order results primarily from the 'predictable irrationality' of investors, as well as from people's uncoordinated attempts to profit. The market patterns that result do not rely on rationality or efficiency.A framework is developed for understanding financial markets using a combination of psychology, statistics, game and gambling analysis, market history and the author's experience. It expresses analytically how professional investors and traders think about markets — as games in which other participants employ inferior, partially predictable strategies. Those strategies' interactions can be toxic and lead to booms, bubbles, busts and crashes, or can be less dramatic, leading to various patterns that are mistakenly called 'market inefficiencies' and 'stylized facts.'A logical case is constructed, starting from two foundations, the psychology of human decision making and the 'Fundamental Laws of Gambling.' Applying the Fundamental Laws to trading leads to the idea of 'gambling rationality' (grationality), replacing the efficient market's concept of 'rationality.' By classifying things that are likely to have semi-predictable price impacts (price 'distorters'), one can identify, explore through data analysis, and create winning trading ideas and systems. A structured way of doing all this is proposed: the six-step 'Strategic Analysis of Market Method.' Examples are given in this and Volume 2.Volume 2 of 'The Strategic Analysis of Financial Markets' — Trading System Analytics, continues the development of Volume 1 by introducing tools and techniques for developing trading systems and by illustrating them using real markets. The difference between these two Volumes and the rest of the literature is its rigor. It describes trading as a form of gambling that when properly executed, is quite logical, and is well known to professional gamblers and analytical traders.But even those elites might be surprised at the extent to which quantitative methods have been justified and applied, including a life cycle theory of trading systems. Apart from a few sections that develop background material, Volume 2 creates from scratch a trading system for Eurodollar futures using principles of the Strategic Analysis of Markets Method (SAMM), a principled, step-by-step approach to developing profitable trading systems. It has an entire Chapter on mechanical methods for testing and improvement of trading systems, which transcends the rather unstructured and unsatisfactory 'backtesting' literature. It presents a breakout trend following system developed using factor models. It also presents a specific pairs trading system, and discusses its life cycle from an early, highly profitable period to its eventual demise. Recent developments in momentum trading and suggestions on improvements are also discussed.
Author: Jean Jacques du Plessis
Publisher: Cambridge University Press
ISBN: 1009287389
Category : Business & Economics
Languages : en
Pages : 461
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Book Description
Now in its fifth edition, Principles of Contemporary Corporate Governance offers a comprehensive introduction to the rules and regulations of corporate governance systems. It takes an inclusive stakeholder approach to examine how companies apply corporate governance principles in the private sector.
Author: Dorothée Baumann-Pauly
Publisher: Routledge
ISBN: 131756393X
Category : Law
Languages : en
Pages : 350
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Book Description
In a global economy, multinational companies often operate in jurisdictions where governments are either unable or unwilling to uphold even the basic human rights of their citizens. The expectation that companies respect human rights in their own operations and in their business relationships is now a business reality that corporations need to respond to. Business and Human Rights: From Principles to Practice is the first comprehensive and interdisciplinary textbook that addresses these issues. It examines the regulatory framework that grounds the business and human rights debate and highlights the business and legal challenges faced by companies and stakeholders in improving respect for human rights, exploring such topics as: the regulatory framework that grounds the business and human rights debate, challenges faced by companies and stakeholders in improving human rights, industry-specific human rights standards, current mechanisms to hold corporations to account, future challenges for business and human rights. With supporting case studies throughout, this text provides an overview of current themes in the field and guidance on practical implementation, demonstrating that a thorough understanding of the human rights challenges faced by business is now vital in any business context.
Author: Annelise Riles
Publisher: University of Chicago Press
ISBN: 0226719332
Category : Business & Economics
Languages : en
Pages : 310
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Book Description
Who are the agents of financial regulation? Is good (or bad) financial governance merely the work of legislators and regulators? Here Annelise Riles argues that financial governance is made not just through top-down laws and policies but also through the daily use of mundane legal techniques such as collateral by a variety of secondary agents, from legal technicians and retail investors to financiers and academics and even computerized trading programs. Drawing upon her ten years of ethnographic fieldwork in the Japanese derivatives market, Riles explores the uses of collateral in the financial markets as a regulatory device for stabilizing market transactions. How collateral operates, Riles suggests, is paradigmatic of a class of low-profile, mundane, but indispensable activities and practices that are all too often ignored as we think about how markets should work and be governed. Riles seeks to democratize our understanding of legal techniques, and demonstrate how these day-to-day private actions can be reformed to produce more effective forms of market regulation.
