Download or read book Emerging Legal Certainty written by Volkmar Gessner and published by Dartmouth Publishing Company. This book was released on 1998 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work deals with empirical aspects of what political scientists call patterns of globalization. It builds on social scientific reflections and discussions on globlization processes which converge on the observation that the world is shrinking in terms of economic exchanges and communications.
Download or read book Legal Certainty in a Contemporary Context written by Mark Fenwick and published by Springer. This book was released on 2016-04-02 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Transformations of Commercial Law written by Gralf-Peter Calliess and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the golden age of the nation state, the extent to which commerce is conducted across borders has risen substantially. Economic globalization thus has led to a shift in the demand structure for institutions that support commerce. Over the past forty years the need for institutions adapted to international commerce has increased. In other words, a trend emerged towards the internationalization of the state function to provide for the normative good of legal certainty for commerce. Since the nation states' attempts to shift the regulatory responsibility for the institutional organization of cross-border commerce to public international organizations and to exercise the operational responsibility by means of judicial cooperation in commercial matters according to the thus created international treaties have had little success, the normative vacuum left by nation states was filled by all kinds of private governance mechanisms and private legal services for international commerce. As a result, private or hybrid actors took over not only operational, but also regulatory responsibility. These trends towards the internationalization and privatization of responsibility for the provision of legal certainty combine to what we call the transnationalization of commercial law. While the state continues to take responsibility for domestic commerce, economic globalization leads to a decrease in the relative weight of public institutions and to a corresponding increase in the overall importance of private ordering with regard to the provision of the normative good of legal certainty for commerce. In order to learn more about how cross-border commerce in fact is institutionally organized, we conducted field studies based on interviews with involved merchants and lawyers as well as a participant observation and file analysis in a law firm. We present results of three studies, one on relational contracting in the field of international outsourcing of software development, another on the lex mercatoria in the field of international timber trade, and a third on the role of law firms in the organization of cross-border commerce.
Download or read book Keeping Pace with Change Fintech and the Evolution of Commercial Law written by International Monetary Fund and published by International Monetary Fund. This book was released on 2022-01-27 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Flexibility in Modern Business Law written by Mark Fenwick and published by Springer. This book was released on 2018-03-31 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Shifting Meaning of Legal Certainty in Comparative and Transnational Law written by Mark Fenwick and published by Bloomsbury Publishing. This book was released on 2017-09-21 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Legal Certainty and Central Bank Autonomy in Latin American Emerging Markets written by Andrea Lucia Tapia-Hoffmann and published by Springer Nature. This book was released on 2021-04-29 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comparative analysis of the legal frameworks of six Latin American central banks to determine whether there is legal certainty regarding central bank autonomy. Based on this, it ascertains whether the way in which legal institutions are designed – specifically those that rule the autonomy of the central bank – provides reasons to believe that central banks can keep inflation at bay even if governments face fiscal problems or pursue contradictory objectives. The analysis covers three key areas: a constitutional analysis, a detailed study of the central bank statutes and a study of a number of underexplored threats to central bank autonomy. After defining and identifying different types of legal certainty and linking them to the credibility of government promises, the author goes on to examine the grounds that the law provides for confidence that central banks operate independently of political influence. The second part of the book focuses on a granular analysis of the legal design of the central banks’ objectives and autonomy. Lastly, the third part features two case studies that represent little-known and unusual institutional threats to legal certainty relating to central bank autonomy, such as the interventions by the Constitutional Court of Colombia in the autonomy of the Colombian central bank, and the interventions of the Argentinean executive and legislative branches in the autonomy of Argentina’s central bank through stabilization plans introduced via emergency laws and decrees.In sum, the book suggests that there are serious doubts about the ability of Latin American central banks to maintain price stability over time. Although central banks were granted a degree of autonomy, authorities in Latin American countries are able to affect central bank decisions. Most importantly, a lack of clarity, inconsistencies, or generous exceptions in the law provide ways for authorities to influence central banks even without bending or disregarding the rules.
Download or read book Legal Certainty and Central Bank Autonomy in Latin American Emerging Markets written by Andrea Lucia Tapia-Hoffmann and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comparative analysis of the legal frameworks of six Latin American central banks to determine whether there is legal certainty regarding central bank autonomy. Based on this, it ascertains whether the way in which legal institutions are designed - specifically those that rule the autonomy of the central bank - provides reasons to believe that central banks can keep inflation at bay even if governments face fiscal problems or pursue contradictory objectives. The analysis covers three key areas: a constitutional analysis, a detailed study of the central bank statutes and a study of a number of underexplored threats to central bank autonomy. After defining and identifying different types of legal certainty and linking them to the credibility of government promises, the author goes on to examine the grounds that the law provides for confidence that central banks operate independently of political influence. The second part of the book focuses on a granular analysis of the legal design of the central banks' objectives and autonomy. Lastly, the third part features two case studies that represent little-known and unusual institutional threats to legal certainty relating to central bank autonomy, such as the interventions by the Constitutional Court of Colombia in the autonomy of the Colombian central bank, and the interventions of the Argentinean executive and legislative branches in the autonomy of Argentina's central bank through stabilization plans introduced via emergency laws and decrees. In sum, the book suggests that there are serious doubts about the ability of Latin American central banks to maintain price stability over time. Although central banks were granted a degree of autonomy, authorities in Latin American countries are able to affect central bank decisions. Most importantly, a lack of clarity, inconsistencies, or generous exceptions in the law provide ways for authorities to influence central banks even without bending or disregarding the rules.
Download or read book Smart Technologies and the End s of Law written by Mireille Hildebrandt and published by Edward Elgar Publishing. This book was released on 2015-02-27 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book tells the story of the smart technologies that reconstruct our world, by provoking their most salient functionality: the prediction and preemption of our day-to-day activities, preferences, health and credit risks, criminal intent and
Download or read book Rules and Networks written by Richard Appelbaum and published by Hart Publishing. This book was released on 2001-12-31 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how business people and their legal advisers try to minimise the effect of the difficulties imposed by different cultures.
Download or read book Transnational Legal Orders written by Terence C. Halliday and published by Cambridge University Press. This book was released on 2015-01-19 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.
Download or read book Law for Computer Scientists and Other Folk written by Mireille Hildebrandt and published by Oxford University Press. This book was released on 2020 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book introduces law to computer scientists and other folk. Computer scientists develop, protect, and maintain computing systems in the broad sense of that term, whether hardware (a smartphone, a driverless car, a smart energy meter, a laptop, or a server), software (a program, an application programming interface or API, a module, code), or data (captured via cookies, sensors, APIs, or manual input). Computer scientists may be focused on security (e.g. cryptography), or on embedded systems (e.g. the Internet of Things), or on data science (e.g. machine learning). They may be closer to mathematicians or to electrical or electronic engineers, or they may work on the cusp of hardware and software, mathematical proofs and empirical testing. This book conveys the internal logic of legal practice, offering a hands-on introduction to the relevant domains of law, while firmly grounded in legal theory. It bridges the gap between two scientific practices, by presenting a coherent picture of the grammar and vocabulary of law and the rule of law, geared to those with no wish to become lawyers but nevertheless required to consider the salience of legal rights and obligations. Simultaneously, this book will help lawyers to review their own trade. It is a volume on law in an onlife world, presenting a grounded argument of what law does (speech act theory), how it emerged in the context of printed text (philosophy of technology), and how it confronts its new, data-driven environment. Book jacket.
Download or read book Complexity Theory and Law written by Jamie Murray and published by Routledge. This book was released on 2018-07-17 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays explores the different ways the insights from complexity theory can be applied to law. Complexity theory – a variant of systems theory – views law as an emergent, complex, self-organising system comprised of an interactive network of actors and systems that operate with no overall guiding hand, giving rise to complex, collective behaviour in law communications and actions. Addressing such issues as the unpredictability of legal systems, the ability of legal systems to adapt to changes in society, the importance of context, and the nature of law, the essays look to the implications of a complexity theory analysis for the study of public policy and administrative law, international law and human rights, regulatory practices in business and finance, and the practice of law and legal ethics. These are areas where law, which craves certainty, encounters unending, irresolvable complexity. This collection shows the many ways complexity theory thinking can reshape and clarify our understanding of the various problems relating to the theory and practice of law.
Download or read book Legal Certainty in Multilingual EU Law written by Elina Paunio and published by Routledge. This book was released on 2016-04-22 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can multilingualism and legal certainty be reconciled in EU law? Despite the importance of multilingualism for the European project, it has attracted only limited attention from legal scholars. This book provides a valuable contribution to this otherwise neglected area. Whilst firmly situated within the field of EU law, the book also employs theories developed in linguistics and translation studies. More particularly, it explores the uncertainty surrounding the meaning of multilingual EU law and the impact of multilingualism on judicial reasoning at the European Court of Justice. To reconceptualize legal certainty in EU law, the book highlights the importance of transparent judicial reasoning and dialogue between courts and suggests a discursive model for adjudication at the European Court of Justice. Based on both theory and case law analysis, this interdisciplinary study is an important contribution to the field of European legal reasoning and to the study of multilingualism within EU legal scholarship.
Download or read book European Regulation of Medical Devices and Pharmaceuticals written by Nupur Chowdhury and published by Springer Science & Business. This book was released on 2014-04-29 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the primary functions of law is to ensure that the legal structure governing all social relations is predictable, coherent, consistent and applicable. Taken together, these characteristics of law are referred to as legal certainty. In traditional approaches to legal certainty, law is regarded as a hierarchical system of rules characterized by stability, clarity, uniformity, calculable enforcement, publicity and predictability. However, the current reality is that national legal systems no longer operate in isolation, but within a multilevel legal order, wherein norms created at both the international and regional level are directly applicable to national legal systems. Also, norm creation is no longer the exclusive prerogative of public officials of the state: private actors have an increasing influence on norm creation as well. Social scientists have referred to this phenomenon of interacting and overlapping competences as multilevel governance. Only recently have legal scholars focused attention on the increasing interconnectedness (and therefore the concomitant loss of primacy of national legal orders) between the global, European and national regulatory spheres through the concept of multilevel regulation. In this project the author uses multilevel regulation as a term to characterize a regulatory space in which the process of rule making, rule enforcement and rule adjudication (the regulatory lifecycle) is dispersed across more than one administrative or territorial level and amongst several different actors, both public and private. The author draws on the concept of a regulatory space, using it as a framing device to differentiate between specific aspects of policy fields. The relationship between actors in such a space is non-hierarchical and they may be independent of each other. The lack of central ordering of the regulatory lifecycle within this regulatory space is the most important feature of such a space. The implications of multilevel regulation for the notion of legal certainty have attracted limited attention from scholars and the demand for legal certainty in regulatory practice is still a puzzle. The book explores the idea of legal certainty in terms of the perceptions and expectations of regulatees in the context of medical products – specifically, pharmaceuticals and medical devices, which can be differentiated as two regulatory spaces and therefore form two case studies. As an exploratory project, the book necessarily explores new territory in terms of investigating legal certainty first in terms of regulatee perceptions and expectations and second, because it studies it in the context of multilevel regulation.
Download or read book Legal Certainty in the Preliminary Reference Procedure written by Cotter, John and published by Edward Elgar Publishing. This book was released on 2022-05-06 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook provides a compelling and structured introduction to international environmental law in the Text, Cases and Materials genre.
Download or read book The Principle of Legal Certainty in EC Law written by J. Raitio and published by Springer Science & Business Media. This book was released on 2013-03-14 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: The intertwinement of EC law and national law may create unforeseeability in situations where EC law invades the national cases. This study contributes to the contemporary discussion, which wrestles with questions such as: What have been the visions and objectives for European integration in the last decades? How to describe European Union as a political entity and a legal system? What is the relationship between legal certainty, rule of law, various general principles and human rights?
