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Flexibility in Modern Business Law - A Comparative Assessment (Hardcover, 1st ed. 2016)
Loot Price: R3,891
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Flexibility in Modern Business Law - A Comparative Assessment (Hardcover, 1st ed. 2016)
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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.
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