|
Showing 1 - 15 of
15 matches in All Departments
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.
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.
This book brings together a unique range of case studies focusing
on networks in the context of business regulation. The case studies
form the basis for an interdisciplinary dialogue on the meaning,
value and the limits of the 'network concept' as a tool for
understanding and critically evaluating the emergent transnational
legal order.
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.
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.
This book brings together a unique range of case studies
focusing on networks in the context of business regulation. The
case studies form the basis for an interdisciplinary dialogue on
the meaning, value and the limits of the 'network concept' as a
tool for understanding and critically evaluating the emergent
transnational legal order.
This book provides an accessible introduction to selected new
issues in transnational law, and connects them to existing
theoretical debates on transnational business regulation. More
specifically, (i) it introduces the argument about the evolving
character of contemporary international business regulation; (ii)
it provides an overview of some of the main fields of law that are
currently important for firms that operate across borders; and
(iii) it sets out an interpretive framework for making sense of
disparate developments occurring across a number of jurisdictions,
among which are the form of regulation and style of enforcement,
issues of legal certainty, and behavioural aspects of regulation.
The selected topics are indicative of some key issues confronting
businesses looking to operate across national borders, as well as
policy makers seeking to introduce and enforce meaningful
regulatory standards in an increasingly global society. Topics
include: consumer law; product liability; warranty law and
obsolescence; collective redress; alternative dispute resolution;
corporate wrongdoing; corporate governance; and e-commerce. This
timely work offers a novel perspective on transnational business
law and examines a range of legal issues that preoccupy companies
operating transnationally. This book is intended not only for law
students looking for an introduction, overview or commentary on the
contemporary state of international business law, but also for
anyone looking for an introduction to the regulation of business in
a global, inter-connected economy.
This book brings together a series of contributions by leading
scholars and practitioners to examine the main features of smart
contracts, as well as the response of key stakeholders in
technology, business, government and the law. It explores how this
new technology interfaces with the goals and content of contract
law, introducing and evaluating several mechanisms to improve the
'observability' and reduce the costs of verifying contractual
obligations and performance. It also outlines various 'design
patterns' that ensure that end users are protected from themselves,
prevent cognitive accidents, and translate expectations and values
into more user-oriented agreements. Furthermore, the chapters map
the new risks associated with smart contracts, particularly for
consumers, and consider how they might be alleviated. The book also
discusses the challenge of integrating data protection and privacy
concerns into the design of these agreements and the broad range of
legal knowledge and skills required. The case for using smart
contracts goes beyond 'contracts' narrowly defined, and they are
increasingly used to disrupt traditional models of business
organisation. The book discusses so-called decentralised autonomous
organisations and decentralised finance as illustrations of this
trend. This book is designed for those interested in looking to
deepen their understanding of this game-changing new legal
technology.
This book brings together a series of contributions by leading
scholars and practitioners to examine the main features of smart
contracts, as well as the response of key stakeholders in
technology, business, government and the law. It explores how this
new technology interfaces with the goals and content of contract
law, introducing and evaluating several mechanisms to improve the
'observability' and reduce the costs of verifying contractual
obligations and performance. It also outlines various 'design
patterns' that ensure that end users are protected from themselves,
prevent cognitive accidents, and translate expectations and values
into more user-oriented agreements. Furthermore, the chapters map
the new risks associated with smart contracts, particularly for
consumers, and consider how they might be alleviated. The book also
discusses the challenge of integrating data protection and privacy
concerns into the design of these agreements and the broad range of
legal knowledge and skills required. The case for using smart
contracts goes beyond 'contracts' narrowly defined, and they are
increasingly used to disrupt traditional models of business
organisation. The book discusses so-called decentralised autonomous
organisations and decentralised finance as illustrations of this
trend. This book is designed for those interested in looking to
deepen their understanding of this game-changing new legal
technology.
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.
European Consumer Access to Justice Revisited takes into account
both procedural and substantive law questions in order to give the
term 'access to justice' an enhanced meaning. Specifically, it
analyses developments and recent trends in EU consumer law and aims
to evaluate their potential for increasing consumer confidence in
the cross-border market. Via a critical assessment of the
advantages and disadvantages of the means initiated at the EU
level, the author highlights possible detriments to the
cross-border business-to-consumer (B2C) market. To remedy this, he
introduces an alternative method of creating a legal framework that
facilitates B2C transactions in the EU - 'access to justice 2.0'.
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.
This volume of essays draws together research on different types of
collective actions: group actions, representative actions, test
case procedures, derivative actions and class actions. The main
focus is on how these actions can enhance access to justice and on
how to balance the interests of private actors in protecting their
rights with the interests of society as a whole. Rather than
focusing on collective actions only as a procedural device per se,
the contributors to this book also examine how these mechanisms
relate to their broader social context. Bringing together a broad
range of scholarship from the areas of competition, consumer,
environmental, company and securities law, the book includes
contributions from Asian, European and North American scholars and
therefore expands the scope of the traditional European and/or
American debate.
European Consumer Access to Justice Revisited takes into account
both procedural and substantive law questions in order to give the
term 'access to justice' an enhanced meaning. Specifically, it
analyses developments and recent trends in EU consumer law and aims
to evaluate their potential for increasing consumer confidence in
the cross-border market. Via a critical assessment of the
advantages and disadvantages of the means initiated at the EU
level, the author highlights possible detriments to the
cross-border business-to-consumer (B2C) market. To remedy this, he
introduces an alternative method of creating a legal framework that
facilitates B2C transactions in the EU - 'access to justice 2.0'.
This volume of essays draws together research on different types of
collective actions: group actions, representative actions, test
case procedures, derivative actions and class actions. The main
focus is on how these actions can enhance access to justice and on
how to balance the interests of private actors in protecting their
rights with the interests of society as a whole. Rather than
focusing on collective actions only as a procedural device per se,
the contributors to this book also examine how these mechanisms
relate to their broader social context. Bringing together a broad
range of scholarship from the areas of competition, consumer,
environmental, company and securities law, the book includes
contributions from Asian, European and North American scholars and
therefore expands the scope of the traditional European and/or
American debate.
|
You may like...
Catan
(16)
R1,150
R887
Discovery Miles 8 870
|