- Table View
- List View
Regulating Confusion: Samuel Johnson and the Crowd
by Thomas ReinertWith the urbanization of eighteenth-century English society, moral philosophers became preoccupied with the difference between individual and crowd behavior. In so doing, they set the stage for a form of political thought divorced from traditional moral reflection. In Regulating Confusion Thomas Reinert places Samuel Johnson in the context of this development and investigates Johnson's relation to an emerging modernity. Ambivalent about the disruption, confusion, perplexity, and boundless variety apparent in the London of his day, Johnson was committed to the conventions of moral reflection but also troubled by the pressure to adopt the perspective of the crowd and the language of social theory. Regulating Confusion explores the consequences of his ambivalence and his attempt to order the chaos. It discusses his critique of moral generalizations, concept of moral reflection as a symbolic gesture, and account of what happens to the notion of character when individuals, having lost the support of moral convention, become faces in a crowd. Reflecting generally on the relationship between skepticism and political ideology, Reinert also discusses Johnson's political skepticism and the forms of speculation and action it authorized. Challenging prevalent psychologizing and humanistic interpretations, Regulating Confusion leaves behind the re-emergent view of Johnson as a reactionary ideologue and presents him in a theoretically sophisticated context. It offers his style of skepticism as a model of poise in the face of confusion about the nature of political truth and personal responsibility and demonstrates his value as a resource for students of culture struggling with contemporary debates about the relationship between literature and politics.
Regulating Corporate Bribery in International Business: Anti-corruption in the UK and Germany
by Nicholas LordThis book is about the regulation of corporations that use bribery in international commerce to win or maintain overseas business contracts and interests. Recent large-scale cases involving multinational corporations demonstrate how large commercial ’non-criminal’ enterprises are being implicated in substantive overseas bribery scandals and illustrate the difficulties faced by responsible enforcement authorities in the UK and Germany. The book imports concepts from regulation theory to aid our understanding of the emerging enforcement, self-regulatory and hybrid responses to transnational corporate bribery. Lord implements a qualitative, comparative research strategy involving semi-structured interviews, participant observation and document analysis to provide empirical insights into this relatively invisible area of criminological interest. Despite significant cultural differences between the jurisdictions, this book argues that UK and German anti-corruption authorities face procedural, evidential, legal, financial and structural difficulties that are leading to convergence in prosecution policies. Although self-regulatory and hybrid mechanisms are aiding the response and gaining some level of regulation, the default position is one of accommodation by state agencies, even where the will to enforce the law is high. This book is essential reading for academics and students researching corporate and white-collar crimes and the concept of regulation more generally, as well as law enforcement agencies and international and intergovernmental organisations concerned with anti-corruption.
Regulating Corporate Criminal Liability
by Dominik Brodowski Manuel Espinoza de los Monteros de la Parra Klaus Tiedemann Joachim VogelCorporate Criminal Liability is on the rise worldwide: More and more legal systems now include genuinely criminal sanctioning for legal entities. The various regulatory options available to national criminal justice systems, their implications and their constitutional, economic and psychological parameters are key questions addressed in this volume. Specific emphasis is put on procedural questions relating to corporate criminal liability, on alternative sanctions such as blacklisting of corporations, on common corporate crimes and on questions of transnational criminal justice.
Regulating Corporate Human Rights Violations: Humanizing Business (Routledge Research in Human Rights Law)
by Surya DevaDespite the continuous addition of regulatory initiatives concerning corporate human rights responsibilities, what we witness more often than not is a situation of corporate impunity for human rights abuses. The Bhopal gas leak – examined as a site of human rights violations rather than as a mass tort or an environmental tragedy – illustrates that the regulatory challenges that the victims experienced in 1984 have not yet been overcome. This book grapples with and offers solutions to three major regulatory challenges to obligating companies to comply with human rights norms whilst doing business, and asks; why companies should adhere to human rights, what these responsibilities are, and how to ensure that companies comply with their responsibilities. Building on literature in the fields of law, human rights, business ethics, management, regulation and philosophy, this book proposes a new ‘integrated theory of regulation’ to overcome inadequacies of the existing regulatory framework in order to humanize business. This book will be of interest to scholars, students, researchers, policy makers and human rights activists working in the fields of Law, Business and Human Rights.
Regulating Creation: The Law, Ethics, and Policy of Assisted Human Reproduction
by Andrew Flavell Martin Cheryl Milne Ian B. Lee Trudo LemmensIn 2004, the Assisted Human Reproduction Act was passed by the Parliament of Canada. Fully in force by 2007, the act was intended to safeguard and promote the health, safety, dignity, and rights of Canadians. However, a 2010 Supreme Court of Canada decision ruled that key parts of the act were invalid. Regulating Creation is a collection of essays built around the 2010 ruling. Featuring contributions by Canadian and international scholars, it offers a variety of perspectives on the role of law in dealing with the legal, ethical, and policy issues surrounding changing reproductive technologies. In addition to the in-depth analysis of the Canadian case the volume reflects on how other countries, particularly the U.S., U.K. and New Zealand regulate these same issues. Combining a detailed discussion of legal approaches with an in-depth exploration of societal implications, Regulating Creation deftly navigates the obstacles of legal policy amidst the rapid current of reproductive technological innovation.
Regulating Data Monopolies: A Law and Economics Perspective
by Jingyuan MaThis book analyzes the business model of enterprises in the digital economy by taking an economic and comparative perspective. The aim of this book is to conduct an in-depth analysis of the anti-competitive behavior of companies who monopolize data, and put forward the necessity of regulating data monopoly by exploring the causes and characteristics of their anti-competitive behavior. It studies four aspects of the differences between data monopoly and traditional monopolistic behavior, namely defining the relevant market for data monopolies, the entry barrier, the problem of determining the dominant position of data monopoly, and the influence on consumer welfare. It points out the limitations of traditional regulatory tools and discusses how new regulatory methods could be developed within the competition legal framework to restrict data monopolies. It proposes how economic analytical tools used in traditional anti-monopoly law are facing challenges and how competition enforcement agencies could adjust regulatory methods to deal with new anti-competitive behavior by data monopolies.
Regulating Deep Sea Mining: A Myriad of Legal Frameworks (SpringerBriefs in Law)
by Klaas WillaertThis book provides a comprehensive analysis and explanation of the legal regime with regard to deep sea mining. The wide array of activities which we refer to as deep sea mining are not governed by one universal framework. On the contrary, numerous legal instruments play a role, and it is important to maintain a clear overview. The United Nations Convention on the Law of the Sea (UNCLOS) sets out the overarching regime, but important distinctions must be made. For example, deep sea mining in the Area is subject to international regulations adopted by the International Seabed Authority (ISA), while similar activities on the continental shelf fall under national jurisdiction and are governed by domestic legislation of the coastal state. This dichotomy must be nuanced, however, taking into account that non-state actors conducting deep sea mining operations in the Area must also adhere to national laws of the sponsoring state, while mineral exploration and exploitation on the continental shelf are likewise subject to a number of international rules and principles. Moreover, separate exploration regulations were adopted by the ISA for distinct categories of mineral resources, and national legislation on deep sea mining is quite diverse. This book clearly identifies all relevant legal instruments, assesses their role, explains their interactions, and engages with some of the topical issues that surround them.
Regulating Digital Markets: The European Approach (Palgrave Studies in Institutions, Economics and Law)
by Antonio Manganelli Antonio NicitaThis book illustrates the challenges that regulators and policy makers have faced in the transition from the ‘old’ network industries to the new digital ecosystem. It succinctly describes the evolution of digital economy, its main actors, notably global digital platforms, as well as its interactions, interdependences, and trade-offs. Eventually, it proposes insights about why public rules are needed, what kind of rules could be more effective, fair, and efficient, and who should pose and enforce them. The book is opened by an introduction, dealing with Digital Transformation, Big Techs, and Public Policies, which provides a general conceptual and thematic framework to the following analysis but could be also read as a stand-alone paper. The following chapters are grouped in two parts: I. The Evolution of Digital Markets and Digital Rights, and II. Regulating Big Tech’s Impact on Market and Society. The secondary title - the European approach – has a twofold meaning. It highlights the fact that this work has a clear focus on EU law and policy - although the economic and institutional issues addressed are global phenomena, common to all world’s economies. In addition, it also underlines that European digital policy is not yet complete and effective. This book intends to provide a small contribution to the ongoing policy making process, as well as to the wider academic and policy debate.
Regulating eTechnologies in the European Union
by Tanel KerikmäeThe EU strategy 2020 includes ambitious plans for e-regulation that could improve Europe's competitiveness. However, the European states have very different legal frameworks in this field. This book introduces flagship initiatives and provides a detailed overview and analysis of the current standards and latest developments, offering practical insights and guidelines for practitioners and policy-makers alike. Further, as it discusses the main areas of e-regulation, it can serve as a useful platform for university education in light of the growing need for new kinds of specialists, i. e. IT lawyers. The book concentrates on fields that are directly affected by e-regulation such as cyber-security, databases, computer programs, e-governance, IP and competition law and informatics.
Regulating Family Responsibilities
by Jo BridgemanThis collection brings together some of the most eminent and exciting authors researching family responsibilities to examine understandings of the day to day responsibilities which people undertake within families and the role of the law in the construction of those understandings. The authors explore a range of questions fundamental to our understanding of 'responsibility' in family life: To whom, and to what ends, are family members responsible? Is responsibility primarily a matter of care? Can we fulfil our family responsibilities by paying those to whom we owe responsibility? Or by paying others to fulfil our caring obligations for us? In each of these circumstances the chapters in this collection explore what it means to have family responsibilities, what constitutes an adequate performance of such responsibilities and the point at which the state intervenes. At the heart of this collection is an interest in the way in which the changing family affects people's perception and exercise their family responsibilities, and how the law attempts to regulate (and understand) those responsibilities. The essays range across intact and separated or fragmented families, from lone and shared parenting in single homes to caring across households (and even across international boundaries) to reflect on the actual caring responsibilities of family members and on the fulfilment of financial responsibilities in families. This collection seeks to advance our understanding of the attempts of the law, and its limits, in regulating the responsibilities which family members take for each other.
Regulating Financial Innovation: Fintech and the Information Deficit (EBI Studies in Banking and Capital Markets Law)
by Christopher RuofThis book explores the impact of 'Fintech' on the information asymmetry between the financial regulator and the markets. It details the growing regulatory mismatch and how Fintech exacerbates the “pacing problem”, where the regulator struggles to keep up with innovation. With information as a point of reference, the book adds a new perspective on the latest phenomenon in financial innovation and presents a novel framework for navigating structural changes in the financial sector. Based on this analysis, a number of proposals to reduce the information gap and avoid regulatory mismatch are discussed. Thereby, new and promising regulatory concepts, such as regulatory sandboxes and SupTech applications are also covered. This book provides a practical framework for regulatory responses to financial innovation. It will be relevant to researchers and practitioners interested in financial technology and regulation.
Regulating FinTech in Asia: Global Context, Local Perspectives (Perspectives in Law, Business and Innovation)
by Mark Fenwick Steven Van Uytsel Bi YingThis book focuses on Fintech regulation in Asian, situating local developments in broader economic, regulatory and technological contexts. Over the last decade, Fintech – broadly defined as the use of new information technologies to help financial institutions and intermediaries compete in the marketplace – has disrupted the financial services sector. Like other 21st century technological developments, Fintech is a global phenomenon that plays out in local economic, political and regulatory contexts, and this dynamic interplay between global trends and local circumstances has created a complex and fast-changing landscape. Diverse stakeholders (most obviously incumbent financial service providers, tech start-ups and regulators) all pursue a competitive edge against a background of profound uncertainty about the future direction and possible effects of multiple emerging technologies. Compounding these difficulties are uncertainties surrounding regulatory responses. Policymakers often struggle to identify appropriate regulatory responses and increasingly turn to policy experimentation. Such issues add to the challenges for the various actors operating in the Fintech space. This situation is particularly fluid in Asia, since many jurisdictions are seeking to establish themselves as a regional hub for new financial services.
Regulating for Decent Work
by Sangheon Lee Deirdre MccannRegulating for Decent Work is an international and interdisciplinary response to the neoliberal ideologies that have shaped labor market regulation in recent decades. It draws on contributions by leading experts across a range of disciplines including economics, law, political science, and industrial relations. International in scope, it includes chapters on advanced economies (Canada, Europe, the United States) and the developing world (Brazil, China, Indonesia, Tanzania). The volume identifies central themes in the contemporary regulation of labor, including the role of empirical research in assessing and supporting labor market interventions, the regulation of precarious work, and the emergence of new types of labor markets. Chapters cover issues such as labor market uncertainty, the effectiveness of legal norms, and methodologies for evaluating the intersection of various levels of regulation. "Regulating the labor market is a distortion for some, a panacea for others. This book provides the ingredients for those who wish to transcend simple positions. . . . It is a significant resource for scholars and policymakers who are engaged in thinking about regulation as part of a just market regime. "--Guy Mundlak
Regulating Foreign Direct Investment for Development: Perspectives from Bangladesh (Routledge Focus on Environment and Sustainability)
by Nakib Mohammad Nasrullah Mia Mahmudur RahimThis book offers a comprehensive overview of the relationship between Foreign Direct Investment (FDI) regulation and sustainable development in Bangladesh.It is widely accepted that FDI-induced development is essential for the growth of undeveloped economies, but it can create a conflict between the investors' goal of profit maximisation and the host state's pursuit of economic gains. FDI-induced development is especially important for the economy of Bangladesh, the focus of this book, which argues that a balanced regulatory approach is necessary to ensure that FDI benefits all stakeholders. In examining Bangladesh's FDI regulatory regime, the authors reveal that it is investor-centric and lacks a development-oriented approach. They discuss the relevant laws, practices, mechanisms, and institutions that govern the entrance regulations and incentives for foreign investment, as well as the protection of the environment and human rights, with special attention to labour rights, involuntary displacement, and the protection of both the investors and the state in which they invest. From this analysis, the book recommends reforms to introduce development as a primary goal while maintaining Bangladesh's appeal as an FDI destination.The book will be of interest to researchers, students, and academics in the fields of economics, politics, sustainable development, and economic growth. It will also be of great interest to FDI strategists, policymakers, negotiators, administrators, and legislators in creating a balanced regulatory regime to attract FDIs for development.
Regulating Genetically Modified Crops in View of Environmental Risks: China’s Implementation of International Obligations
by Ancui LiuThis book analyzes international and Chinese regulatory approaches addressing environmental risks that may be caused by GM crops and examines how China implements its international obligations in its policies and laws. Using the legal doctrinal method, the book discusses the precautionary principle and the public involvement principle, as well as several legal measures at the international law level and in Chinese law. It observes that legal principles and measures as provided for in China’s GMO legal framework have generally implemented the international obligations regarding the prevention of environmental risks that may be caused by the cultivation of GM crops and related activities. However, the book argues that Chinese law lacks an explicit codification of the precautionary principle, and the same is true with regard to public participation; the regulatory framework lacks specific obligations. It concludes that future research should focus on the application and enforcement of the relevant Chinese legislation, and that it is also important to investigate how the environmental risks that may be caused by new techniques, such as genome-editing techniques, could be prevented, given the experience gained by regulating the cultivation of GM crops and related activities.
Regulating Gig Work: Decent Labour Standards in a World of On-demand Work (Law and Change)
by Joellen Riley Munton Michael RawlingDigital revolution demands new approaches to regulating work. The “Uberisation of work” is not in reality a new phenomenon. It reintroduces the practices of ‘on demand’ engagement of labour common prior to the development of continuing employment. What is new, however, is the capacity of digital technology to engage labour in ways that avoid characterization as employment according to the legal tests developed in the 20th Century. This book tackles the challenge of ensuring that the emerging tribes of ‘gig’ workers in labour markets across the globe are afforded decent standards of work. This book discusses how to provide decent conditions and safe working standards for on demand workers engaged through digital platforms. It interrogates the rise of gig work, and the legal strategies that might be engaged to deal with the risk that on demand work will fall and remain outside of employment protections. It draws on observations of practices across the globe, but focuses particularly on regulatory solutions developed in Australia. The book will be a useful reference to policy making and legal reforms to address vulnerabilities of gig workers.
Regulating Global Corporate Capitalism
by Sol PicciottoThis analysis of how multi-level networked governance has superseded the liberal system of interdependent states focuses on the role of law in mediating power and shows how lawyers have shaped the main features of capitalism, especially the transnational corporation. It covers the main institutions regulating the world economy, including the World Bank, the IMF, the WTO and a myriad of other bodies, and introduces the reader to key regulatory arenas: corporate governance, competition policy, investment protection, anti-corruption rules, corporate codes and corporate liability, international taxation, avoidance and evasion and the campaign to combat them, the offshore finance system, international financial regulation and its contribution to the financial crisis, trade rules and their interaction with standards especially for food safety and environmental protection, the regulation of key services (telecommunications and finance), intellectual property and the tensions between exclusive private rights and emergent forms of common and collective property in knowledge.
Regulating Government Ethics
by Chonghao WuThis book examines government ethics rules and their enforcement in China (as well as in three other jurisdictions for comparative insights). Empirical research methods (involving primarily semi-structured interviews) were employed to explore the dynamics of actual enforcement policies and practices in China. This book formed an analytical framework through reviewing existing theories on government ethics regulation and general regulation literature and analyzing government ethics rules in the US, the UK, and Hong Kong. Using this framework, it seeks to explore the patterns and features of government ethics rules and their enforcement in China. It shows that the inadequacy of government ethics rules per se and the deterrence-oriented criminal enforcement style of government ethics regulation are important but ignored elements of the problem of rampant corruption in China. Such analysis has generated important and practical policy implications for China's government ethics rules and their enforcement.
Regulating Gun Sales: An Excerpt from Reducing Gun Violence in America, Informing Policy with Evidence and Analysis
by Daniel W Webster Jon S Vernick Emma E McGinty Ted AlcornThis excerpt from the “masterful, timely, data-driven” study of the gun control debate examines the potential of stronger purchasing laws (Choice).As the debate on gun control continues, evidence-based research is needed to answer a crucial question: How do we reduce gun violence? One of the biggest gun policy reforms under consideration is the regulation of firearm sales and stopping the diversion of guns to criminals. This selection from the major anthology of studies Reducing Gun Violence in America presents compelling evidence that stronger purchasing laws and better enforcement of these laws result in lower gun violence.Additional material for this edition includes an introduction by Michael R. Bloomberg and Consensus Recommendations for Reforms to Federal Gun Policies from the Johns Hopkins University.
Regulating Hosting ISPs’ Responsibilities for Copyright Infringement: The Freedom to Operate in the US, EU and China
by Jie WangThis book employs a comparative approach to comprehensively discuss hosting ISPs’ (Internet Service Providers') responsibilities for copyright infringement in the US, EU and China. In particular, it details how the current responsibility rules should be interpreted or revised so as to provide hosting ISPs maximum freedom to operate in these jurisdictions. In addition to examining relevant state regulations, the book assesses self-regulation norms agreed upon between copyright owners and hosting ISPs, and concludes that self-regulation is better suited to preserving hosting ISPs’ freedom to operate. The results of this study will be interesting for a broad readership, including academics and practitioners whose work involves hosting ISPs’ copyright responsibilities.
Regulating Human Embryonic Stem Cell in China
by Li JiangThe general scope of the book is the patentability and morality of human embryonic stem cell research in US, EU and China. The book observes fraudsters operate unsafe human embryonic stem cell therapies and officialdom turns a blind eye to the immoral human embryonic stem cell research in China. The book highlights that both patent control and federal funding control are inefficient and ineffective way to monitoring human embryonic stem cell research. The book finally proposed an approach for china to regulating human embryonic stem cell research-regulating research itself at the reconciled international regime. The potential reader includes academics and practitioners dealing with intellectual property, patent law and stem cell inventions. The topic discussed will also be interesting to a broad readership, including experts, regulators, policy makers and medical researchers in both ethical and legal disciplines in the field of embryonic stem cell research.
Regulating Human Embryonic Stem Cell in China: A Comparative Study on Human Embryonic Stem Cell’s Patentability and Morality in US and EU
by Li JiangThe general scope of the book is the patentability and morality of human embryonic stem cell research in US, EU and China. The book observes fraudsters operate unsafe human embryonic stem cell therapies and officialdom turns a blind eye to the immoral human embryonic stem cell research in China. The book highlights that both patent control and federal funding control are inefficient and ineffective way to monitoring human embryonic stem cell research. The book finally proposed an approach for china to regulating human embryonic stem cell research-regulating research itself at the reconciled international regime. The potential reader includes academics and practitioners dealing with intellectual property, patent law and stem cell inventions. The topic discussed will also be interesting to a broad readership, including experts, regulators, policy makers and medical researchers in both ethical and legal disciplines in the field of embryonic stem cell research.
Regulating Information Asymmetry in the Residential Real Estate Market: The Hong Kong Experience (Routledge Studies in International Real Estate)
by Devin LinThis book conducts a detailed examination of the current form of the Hong Kong residential property regulatory system: the 2013 Residential Properties (Firsthand Sales) Ordinance (Cap 621). The author sheds light on how the new legislation promotes a number of values including information symmetry, consumer protection, the free market and business efficacy. It provides a detailed account of how the regulatory mechanism has evolved over the past three decades to catch unconsscionable sales tactics (such as selective information and/or misrepresentation of location, size, completion date and past transactions) and monitor sales practices in order to protect the interests of stakeholders in this ever-changing first-hand residential property market. This book breaks down this complicated subject matter by focusing a number of chapters each on a specific attribute of the residential property on sale. It then examines the various channels through which the information is communicated to the prospective buyer and discusses misrepresentation of the key information in sales of residential properties as criminal liability.The tension between consumer’s rights on one hand and the pursuit of free market principles on the other is but one example of the conflicting values thoroughly discussed in the book, others include superstition vs. modernization and clarity vs. flexibility. Aimed at those with an interest in consumer protection and transparency-orientated legislation in commercialized real estate transactions, this book seeks to provide an in-depth discussion of the latest trends and directions of travel.
Regulating Investor Protection under EU Law: The Unbridgeable Gaps with the U.S. and the Way Forward
by Antonio MarcacciThis book analyzes the legal system for the protection of retail investors under the European Union law of investment services. It identifies the regulatory leitmotiv driving the EU lawmaker and ascertains whether and to what extent such a system is self-sufficient, using a set of EU-made and EU-enforced rules that is essentially different and autonomous from the domestic legal orders. In this regard, the book takes a double perspective: comparative and intra-firm. Given the federal dimension of the US legal system and, thus, the “role-model” it plays vis-à-vis the EU, the book compares the two systems. To fully highlight the existing gaps and measure how self-sufficient the EU system is against its American counterpart, the Union/Federal level as such is analyzed – i.e., detached from the national (in EU terms) and State (in US terms) level. Regulating Investor Protection under EU Law also showcases the unique intra-firm perspective from a European investment firm and analyzes how EU-produced public-law rules become a set of compliance requirements for investment services providers. This “within-the-firm” angle gauges the self-sufficiency of the EU system of retail investor protection from the standpoint of an EU-regulated entity. The book is intended for both compliance professionals and academic scholars interested in this topic while also including illustrative sections intended to provide a broader regulatory view for less-experienced readers.
Regulating Judicial Elections: Assessing State Codes of Judicial Conduct (Law, Courts and Politics)
by C. Scott PetersState judicial elections are governed by a unique set of rules that enforce longstanding norms of judicial independence by limiting how judicial candidates campaign. These rules have been a key part of recent debates over judicial elections and have been the subject of several U.S. Supreme Court cases. Regulating Judicial Elections provides the first accounting of the efficacy and consequences of such rules. C. Scott Peters re-frames debates over judicial elections by shifting away from all-or-nothing claims about threats to judicial independence and focusing instead on the trade-offs inherent in our checks and balances system. In doing so, he is able to examine the costs and benefits of state ethical restrictions. Peters finds that while some parts of state codes of conduct achieve their desired goals, others may backfire and increase the politicization of judicial elections. Moreover, modest gains in the protection of independence come at the expense of the effectiveness of elections as accountability mechanisms. These empirical findings will inform ongoing normative debates about judicial elections.