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Insider Dealing and Criminal Law - Dangerous Liaisons (Hardcover, 2012)
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Insider Dealing and Criminal Law - Dangerous Liaisons (Hardcover, 2012)
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This work is a multidisciplinary analysis of the issue of insider
dealing from the perspective of the applicability of criminal law
to regulate it. First, it examines the nature of its prohibition in
the European Union and in the United States of America. The text
includes a more extensive overview of prohibition in four Member
States of the European Union (France, the United Kingdom,
Luxembourg and Poland). Then, it summarises the arguments presented
by ethicists and economists in favour of and against insider
dealing. Further, it analyses the foundations of criminal law and
justifications that are given for its application. On the basis of
this analysis, it presents a new two-step theory of
criminalisation. The first step is based on a liberal theory of
wrongfulness that makes reference to protection of the basic human
rights. The second step relies on classical but often forgotten
principles of criminal law. Finally, it examines possible
alternatives to criminal rules.
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