Описание: This edited collection brings together research from a range of substantive areas of law that share a common interest in understanding the multi-layered challenges of defining legal certainty in the context of legal and political modernity. The principle of legal certainty-the view that the law must be sufficiently certain to provide those subject to legal norms with the resources to regulate their own conduct and to provide a layer of protection against the arbitrary use of public power-has functioned as a fundamental rule of law value and as a normative ideal that has structured legal debates, both at the national and international level. In recent years, however, legal certainty has come under renewed pressure from a number of historically new and competing demands that are made of law: for example, the expectation that the law be more responsive to a social environment characterized by rapid economic and technological change; or the marked trend, across most major jurisdictions, towards increasing the degree and scope of discretion afforded to regulators in the fields of business and market regulation-the so-called 'responsive regulation'; or the challenges posed by indices, such as the World Bank's Doing Business Report and the Index of Legal Certainty, which apply metric tools to rank a country's performance with the ultimate aim to reduce the 'regulatory burden' of doing business, and to prove the virtues of their respective models. These, and other, developments raise difficult, but interesting, questions regarding the meaning, possibility and desirability of legal certainty in the context of a rapidly changing global society. This book aims to address these issues by bringing together scholars from various jurisdictions to examine changes in the shifting meaning of legal certainty.The book will be of interest both to lawyers and academics interested in understanding the transformation of core rule of law values in the context of contemporary social change, as well as political scientists and social theorists. Subject: Comparative Law, Company Law, Commercial Law, Legal Philosophy]
Описание: 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.
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.
Описание: The Shifting Meaning of Legal Certainty (Mark Fenwick and Stefan Wrbka).- Part I - Perspectives from Private Law.- Comments on Legal Certainty from the Perspective of European, Austrian and Japanese Private Law (Stefan Wrbka).- Intellectual Property, Private Ordering and Legal Certainty(Branislav Hazucha).- Considerations on the Transnationality of International Commercial Arbitration Awards in the Context of the Demand for Legal Certainty (Jason D. Hitch).- The Notion of Consumer under EU Legislation and EU Case Law: Between the Poles of Legal Certainty and Flexibility (Jakob S ren Hedegaard and Stefan Wrbka).- Legal Certainty and Trusts in China (Zhen Meng).- Part II - Perspectives from Criminal Law.- Multilingual Norms in European Criminal Law (Georg C. Langheld).- Empirical Judgement in Criminal Proceedings (Sebastian Stehle).- The Multiple Uncertainties of the Corporate Criminal Law (Mark Fenwick).- Types of offenders - A Criminological Perspective in Historical Contexts (Kathrin Hцffler).- International Criminal Law as a Means to Fight the 'Hostes Humani Generis'? - On the Dangers of the Concept of Enemy Criminal Law (Andreas Werkmeister).
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