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.
Flexibility in Modern Business Law
Keeping Pace with Change: Fintech and the Evolution of Commercial Law
Author: International Monetary Fund
Publisher: International Monetary Fund
ISBN: 1616358750
Category :
Languages : en
Pages : 31
Book Description
This note explores the interactions between new technologies with key areas of commercial law and potential legal changes to respond to new developments in technology and businesses. Inspired by the Bali Fintech Agenda, this note argues that country authorities need to closely examine the adequacy of their legal frameworks to accommodate the use of new technologies and implement necessary legal reform so as to reap the benefits of fintech while mitigating risks. Given the cross-border nature of new technologies, international cooperation among all relevant stakeholders is critical. The note is structured as follows: Section II describes the relations between technology, business, and law, Section III discusses the nature and functions of commercial law; Section IV provides a brief overview of developments in fintech; Section V examines the interaction between technology and commercial law; and Section VI concludes with a preliminary agenda for legal reform to accommodate the use of new technologies.
Publisher: International Monetary Fund
ISBN: 1616358750
Category :
Languages : en
Pages : 31
Book Description
This note explores the interactions between new technologies with key areas of commercial law and potential legal changes to respond to new developments in technology and businesses. Inspired by the Bali Fintech Agenda, this note argues that country authorities need to closely examine the adequacy of their legal frameworks to accommodate the use of new technologies and implement necessary legal reform so as to reap the benefits of fintech while mitigating risks. Given the cross-border nature of new technologies, international cooperation among all relevant stakeholders is critical. The note is structured as follows: Section II describes the relations between technology, business, and law, Section III discusses the nature and functions of commercial law; Section IV provides a brief overview of developments in fintech; Section V examines the interaction between technology and commercial law; and Section VI concludes with a preliminary agenda for legal reform to accommodate the use of new technologies.
Contract Law and Contract Practice
Author: Catherine E Mitchell
Publisher: A&C Black
ISBN: 1782253130
Category : Law
Languages : en
Pages : 442
Book Description
An oft-repeated assertion within contract law scholarship and cases is that a good contract law (or a good commercial contract law) will meet the needs and expectations of commercial contractors. Despite the prevalence of this statement, relatively little attention has been paid to why this should be the aim of contract law, how these 'commercial expectations' are identified and given substance, and what precise legal techniques might be adopted by courts to support the practices and expectations of business people. This book explores these neglected issues within contract law. It examines the idea of commercial expectation, identifying what expectations commercial contractors may have about the law and their business relationships (using empirical studies of contracting behaviour), and assesses the extent to which current contract law reflects these expectations. It considers whether supporting commercial expectations is a justifiable aim of the law according to three well-established theoretical approaches to contractual obligations: rights-based explanations, efficiency-based (or economic) explanations and the relational contract critique of the classical law. It explores the specific challenges presented to contract law by modern commercial relationships and the ways in which the general rules of contract law could be designed and applied in order to meet these challenges. Ultimately the book seeks to move contract law beyond a simple dichotomy between contextualist and formalist legal reasoning, to a more nuanced and responsive legal approach to the regulation of commercial agreements.
Publisher: A&C Black
ISBN: 1782253130
Category : Law
Languages : en
Pages : 442
Book Description
An oft-repeated assertion within contract law scholarship and cases is that a good contract law (or a good commercial contract law) will meet the needs and expectations of commercial contractors. Despite the prevalence of this statement, relatively little attention has been paid to why this should be the aim of contract law, how these 'commercial expectations' are identified and given substance, and what precise legal techniques might be adopted by courts to support the practices and expectations of business people. This book explores these neglected issues within contract law. It examines the idea of commercial expectation, identifying what expectations commercial contractors may have about the law and their business relationships (using empirical studies of contracting behaviour), and assesses the extent to which current contract law reflects these expectations. It considers whether supporting commercial expectations is a justifiable aim of the law according to three well-established theoretical approaches to contractual obligations: rights-based explanations, efficiency-based (or economic) explanations and the relational contract critique of the classical law. It explores the specific challenges presented to contract law by modern commercial relationships and the ways in which the general rules of contract law could be designed and applied in order to meet these challenges. Ultimately the book seeks to move contract law beyond a simple dichotomy between contextualist and formalist legal reasoning, to a more nuanced and responsive legal approach to the regulation of commercial agreements.
The Shifting Meaning of Legal Certainty in Comparative and Transnational Law
Author: Mark Fenwick
Publisher: Bloomsbury Publishing
ISBN: 150991126X
Category : Law
Languages : en
Pages : 325
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.
Publisher: Bloomsbury Publishing
ISBN: 150991126X
Category : Law
Languages : en
Pages : 325
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.
Flexibility in Modern Business Law
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.
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.
Business Law I Essentials
Author: MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)
Publisher:
ISBN: 9781680923025
Category :
Languages : en
Pages : 180
Book Description
A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
Publisher:
ISBN: 9781680923025
Category :
Languages : en
Pages : 180
Book Description
A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
Flexibility in Modern Business 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.
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.
The Future of Work: The Insights You Need from Harvard Business Review
Author: Harvard Business Review
Publisher: Harvard Business Press
ISBN: 1647822297
Category : Business & Economics
Languages : en
Pages : 88
Book Description
The future is here. How is your organization responding? Amid the turbulence of a global pandemic, worldwide social justice movements, and accelerated digital transformation, one thing is clear—work will no longer be the same. Employees now expect a flexible, inclusive workplace and a deeper connection to their employer. Organizations must commit to doing good for their people and communities. What should you and your company be doing to adapt? The Future of Work: The Insights You Need from Harvard Business Review will provide you with today's most essential thinking about creating a work-from-anywhere organization, harnessing AI as part of your team, creating an inclusive culture, and building a purpose-driven organization. Business is changing. Will you adapt or be left behind? Get up to speed and deepen your understanding of the topics that are shaping your company's future with the Insights You Need from Harvard Business Review series. Featuring HBR's smartest thinking on fast-moving issues—blockchain, cybersecurity, AI, and more—each book provides the foundational introduction and practical case studies your organization needs to compete today and collects the best research, interviews, and analysis to get it ready for tomorrow. You can't afford to ignore how these issues will transform the landscape of business and society. The Insights You Need series will help you grasp these critical ideas—and prepare you and your company for the future.
Publisher: Harvard Business Press
ISBN: 1647822297
Category : Business & Economics
Languages : en
Pages : 88
Book Description
The future is here. How is your organization responding? Amid the turbulence of a global pandemic, worldwide social justice movements, and accelerated digital transformation, one thing is clear—work will no longer be the same. Employees now expect a flexible, inclusive workplace and a deeper connection to their employer. Organizations must commit to doing good for their people and communities. What should you and your company be doing to adapt? The Future of Work: The Insights You Need from Harvard Business Review will provide you with today's most essential thinking about creating a work-from-anywhere organization, harnessing AI as part of your team, creating an inclusive culture, and building a purpose-driven organization. Business is changing. Will you adapt or be left behind? Get up to speed and deepen your understanding of the topics that are shaping your company's future with the Insights You Need from Harvard Business Review series. Featuring HBR's smartest thinking on fast-moving issues—blockchain, cybersecurity, AI, and more—each book provides the foundational introduction and practical case studies your organization needs to compete today and collects the best research, interviews, and analysis to get it ready for tomorrow. You can't afford to ignore how these issues will transform the landscape of business and society. The Insights You Need series will help you grasp these critical ideas—and prepare you and your company for the future.
The Routledge Handbook of FinTech
Author: K. Thomas Liaw
Publisher: Routledge
ISBN: 1000375730
Category : Business & Economics
Languages : en
Pages : 513
Book Description
The Routledge Handbook of FinTech offers comprehensive coverage of the opportunities, challenges and future trends of financial technology. This handbook is a unique and in-depth reference work. It is organised in six thematic parts. The first part outlines the development, funding, and the future trends. The second focuses on blockchain technology applications and various aspects of cryptocurrencies. The next covers FinTech in banking. A significant element of FinTech, mobile payments and online lending, is included in the fourth part. The fifth continues with several chapters covering other financial services, while the last discusses ethics and regulatory issues. These six parts represent the most significant and overarching themes of FinTech innovations. This handbook will appeal to students, established researchers seeking a single repository on the subject, as well as policy makers and market professionals seeking convenient access to a one-stop guide.
Publisher: Routledge
ISBN: 1000375730
Category : Business & Economics
Languages : en
Pages : 513
Book Description
The Routledge Handbook of FinTech offers comprehensive coverage of the opportunities, challenges and future trends of financial technology. This handbook is a unique and in-depth reference work. It is organised in six thematic parts. The first part outlines the development, funding, and the future trends. The second focuses on blockchain technology applications and various aspects of cryptocurrencies. The next covers FinTech in banking. A significant element of FinTech, mobile payments and online lending, is included in the fourth part. The fifth continues with several chapters covering other financial services, while the last discusses ethics and regulatory issues. These six parts represent the most significant and overarching themes of FinTech innovations. This handbook will appeal to students, established researchers seeking a single repository on the subject, as well as policy makers and market professionals seeking convenient access to a one-stop guide.
Flexible Working Practices and Approaches
Author: Christian Korunka
Publisher: Springer Nature
ISBN: 3030741281
Category : Psychology
Languages : en
Pages : 292
Book Description
Modern workplaces are following a strong trend of increasing flexible working practices and approaches, offering more flexibility in working times, working places, work organization, and work relations as the result of new information and communication technologies. This book brings together a group of internationally recognized experts in the field of flexible work to examine the psychological and social implications of these practices, describing the current state of research and empirically-based practices in this field. It focuses on organizational, job, and individual factors related to the quality of working life, and identifies potential risk groups where the benefits of flexible work are suppressed or not realized. Ideal for organizations implementing or considering implementing flexible work, for professionals and researchers in work and organizational psychology, and for HR professionals, this volume is an invaluable overview of rapidly changing work norms and their impact on working life.
Publisher: Springer Nature
ISBN: 3030741281
Category : Psychology
Languages : en
Pages : 292
Book Description
Modern workplaces are following a strong trend of increasing flexible working practices and approaches, offering more flexibility in working times, working places, work organization, and work relations as the result of new information and communication technologies. This book brings together a group of internationally recognized experts in the field of flexible work to examine the psychological and social implications of these practices, describing the current state of research and empirically-based practices in this field. It focuses on organizational, job, and individual factors related to the quality of working life, and identifies potential risk groups where the benefits of flexible work are suppressed or not realized. Ideal for organizations implementing or considering implementing flexible work, for professionals and researchers in work and organizational psychology, and for HR professionals, this volume is an invaluable overview of rapidly changing work norms and their impact on working life.