Many critics seem to consider it inappropriate or unnecessary to ask what Montaigne means by the faculty of judgment. Laumonier speaks of "Ie bon sens, qu'il oppose si souvent a la memoire et qu'il appelle encore 'jugement' et 'entendement', c'est-a-dire la faculte de penser et de reflechir juste. " 1 Our appreciation of what is implied by judgment, that is by Montaigne's notion of judgment, has been delayed perhaps by a too facile acceptance of a so-called synonymity of meaning among the psychological terms used by Montaigne. In a discussion of key concepts in Montaigne, Donald M. Frame has accurately summarized the present situation with regard to our knowledge of Montaigne's notion of judgment and other key concepts: "We all have our hunches, but we need more than that. " 2 For the expression of his interest and concern for the intellectual and moral activities and capabilities of the mind, Montaigne draws upon a broad and elementary semantic field. These primary psychological terms are jugement, entendement, sens, raison, discours, and conscience. Al- though these words may be used synonymously, Montaigne does seem to maintain certain basic distinctions among them; frequent substi- tutions of terms must be the result of semantic and ideational differ- ences. Moreover, the association of several psychological words within a single sentence implies gradations, however slight they may be.

A clear and up-to-date textbook for students of Scots commercial law and business law. It will also be of use to practitioners. Scots Commercial Law is a collaborative work bringing together expertise from academia and practice.

Zwei aktuellen Themen von hoher kreditwirtschaftlicher Tragweite hat die Bankrechtliche Vereinigung - Wissenschaftliche Gesellschaft fA1/4r Bankrecht e.V. ihrem Bankrechtstag 2002 in Leipzig gewidmet. Neben den Auswirkungen der Schuldrechtsreform auf das Recht der BankgeschAfte wurde die unternehmensinterne Wissenszurechnung behandelt. 1. Abteilung: Neues Schuldrecht und BankgeschAfte Mathias Habersack, Mainz: Auswirkungen der Schuldrechtsreform auf das Recht der BankgeschAfte; Herbert Schimansky, Marxzell: Das Recht der Aoeberweisung ab 1. Januar 2002; Ahrend Weber, Berlin: Das neue Schuldrecht in der kreditwirtschaftlichen Praxis 2. Abteilung: Wissenszurechnung bei Kreditinstituten Josef Drexl, MA1/4nchen: Wissenszurechnung im unabhAngigen und Konzernunternehmen- Zivil-, gesellschafts- und bankrechtliche Aoeberlegungen; Gerd Nobbe, Karlsruhe: Wissenszurechnung in der Rechtsprechung des Bundesgerichtshofs; JA1/4rgen SchrAter, Frankfurt am Main: Wissenszurechnung aus der Sicht der kreditwirtschaftlichen Praxis

This collection offers a comparative overview of how financial regulations have evolved in various European countries since the introduction of the single European market in 1986. It includes a number of country studies which provides a narrative of the domestic financial regulatory structure at the beginning of the period, as well the means by which the EU Directives have been introduced into domestic legislation and the impact on the financial structure of the economy. In particular, studies highlight how the discretion allowed by the Directives has been used to meet the then existing domestic conditions and financial structure as well as how they have modified that structure. Countries covered are France, Germany, Italy, Spain, Estonia, Hungary and Slovenia. The book also contains an overview of regulatory changes in the UK and Nordic countries, and in post-crisis USA. This comparative approach raises questions about whether past and more recent regulatory changes have in fact contributed to increase financial stability in the EU. The comparative analysis provided in this book raises questions on whether the past and more recent changes are contributing to increase the financial stability and efficiency of individual banks and national financial systems. The crisis has demonstrated the drawbacks of formulating the regulatory framework on standards borrowed from the best industry practices from the large developed countries, originally designed exclusively for large global banks, but now applied to all financial institutions.

A team of scholars with backgrounds in criminology, sociology, economics, business, government regulation, and law examine the historical, social, and cultural causes of the 2008 economic crisis. Essays probe the workings of the toxic subprime loan industry, the role of external auditors, the consequences of Wall Street deregulation, the manipulations of alpha hedge fund managers, and the "Ponzi-like" culture of contemporary capitalism. They unravel modern finance's complex schematics and highlight their susceptibility to corruption, fraud, and outright racketeering. They examine the involvement of enablers, including accountants, lawyers, credit rating agencies, and regulatory workers, who failed to protect the public interest and enforce existing checks and balances. While the United States was "ground zero" of the meltdown, the financial crimes of other countries intensified the disaster. Internationally-focused essays consider bad practices in China and the European property markets and draw attention to the far-reaching consequences of transnational money laundering and tax evasion schemes. By approaching the 2008 crisis from the perspective of white collar criminology, contributors build a more general understanding of the collapse and crystallize the multiple human and institutional factors preventing capture of even the worst offenders.

This book considers the efficacy of transitional justice mechanisms in response to corporate human rights abuses. Corporations and other business enterprises often operate in countries affected by conflict or repressive regimes. As such, they may become involved in human rights violations and crimes under international law - either as the main perpetrators or as accomplices by aiding and abetting government actors. Transitional justice mechanisms, such as trials, truth commissions, and reparations, have usually focused on abuses by state authorities or by non-state actors directly connected to the state, such as paramilitary groups. Innovative transitional justice mechanisms have, however, now started to address corporate accountability for human rights abuses and crimes under international law and have attempted to provide redress for victims. This book analyzes this development, assessing how transitional justice can provide remedies for corporate human rights abuses and crimes under international law. Canvassing a broad range of literature relating to international criminal law mechanisms, regional human rights systems, domestic courts, truth and reconciliation commissions, and land restitution programmes, this book evaluates the limitations and potential of each mechanism. Acknowledging the limited extent to which transitional justice has been able to effectively tackle the role of corporations in human rights violations and international crimes, this book nevertheless points the way towards greater engagement with corporate accountability as part of transitional justice. A valuable contribution to the literature on transitional justice and on business and human rights, this book will appeal to scholars, researchers and PhD students in these areas, as well as lawyers and other practitioners working on corporate accountability and transitional justice.