Circumventing The Law
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Circumventing The Law
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Author : Elana Stein Hain
language : en
Publisher: University of Pennsylvania Press
Release Date : 2024-01-20
Circumventing The Law written by Elana Stein Hain and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-20 with History categories.
Circumventing the Law probes the rabbinic logic behind the use of loopholes, the legal phenomenon of finding and using gaps within law to achieve otherwise illegal outcomes. The logic of ha’aramah, a subset of rabbinic legal circumventions mostly defined as a tool for private life, underpins both well-known circumventions, such as selling leaven before Passover, and lesser-known mechanisms, such as designating an animal intended for sacrifice “blemished” before birth to allow it to be slaughtered for food instead. Elana Stein Hain traces the development of these loopholes over time, revealing that rabbinic literature does not consistently accept or reject loopholes. Instead, rabbinic Judaism applies categories of evasion (prohibited), avoidance (permitted), and avoision (contested) to loopholes on a case-by-case basis. The intended outcome of a given loophole determines its classification, as does the legal integrity of the circumventive process in question. Yet these understandings of loopholes are not static—instead, rabbinic attitudes toward loopholing change over time. Early works display an objective, performative understanding of the self and of intention, but evolve over time to reflect more subjective and intimate understanding of the self and intention. This evolution redefines what legal integrity means in Jewish legal philosophy. Circumventing the Law brings readers through the Second Temple period to the modern era to see how loopholing has evolved over millennia. With a focus on late antiquity, Stein Hain explores tannaitic literature, the Palestinian Talmud, and contemporaneous Greco-Roman and Persian thought to show that when warranted, Jewish rhetoric and philosophy around understandings of loopholes was a unique phenomenon that relied on changes in understanding the definition of integrity itself, a key finding for scholars of Jewish Studies and of religious and of secular law writ large.
Methods Of Money Laundering
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Author : Fabian Teichmann
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-10-08
Methods Of Money Laundering written by Fabian Teichmann and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-08 with Law categories.
How exactly is money laundered? The answer to this question is not well understood – and for this very reason, costly prevention measures remain ineffective. This much-needed book provides the first in-depth explanation of the methods used by intelligent criminals to amass wealth from large-scale trafficking in drugs, arms, and human beings, as well as from less odious crimes. The author shows clearly not only why existing approaches to combat money laundering are bound to fail but also how money launderers easily circumvent such measures. Based on qualitative interviews with both alleged criminals and prevention experts, detailed illustrations of concrete steps taken by intelligent and specialized perpetrators of money laundering allow practitioners to anticipate and effectively combat this type of crime. The author fully documents such aspects of money launderers’ behaviour as the following: resources required; dealing with detection risks; and international mobility. A central chapter covers in depth the various markets, institutions, and facilities that are particularly favourable to money laundering, and original insights accompany the presented findings with relevant quotations from the interviewees. The author offers tailored recommendations for different professional groups, including bankers, prosecutors, defence lawyers, and judges. In its critical questioning of the logic behind anti-money laundering regulations and their costly implementation, the book demonstrates that either the existing measures of prevention are drastically tightened and extended to almost all branches of the economy or the financial sector is relieved of the burden it bears and alternative ways of fighting this type of crime are sought instead. It will prove enormously valuable to understanding and investigating white-collar and financial crime, and be welcomed by practitioners and professionals in financial markets, banking, criminal lawyers, and compliance experts, as well as academia.
Circumventing The Law That Humans Cannot See In The Dark
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Author : Paul George Freer
language : en
Publisher:
Release Date : 2017
Circumventing The Law That Humans Cannot See In The Dark written by Paul George Freer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
Breaking The Law Surviving The Law
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Author : C. W. L.
language : en
Publisher:
Release Date : 1986
Breaking The Law Surviving The Law written by C. W. L. and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with Crime categories.
Breaking The Law
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Author : C. W. L. Staff
language : en
Publisher:
Release Date : 1985-01
Breaking The Law written by C. W. L. Staff and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985-01 with categories.
Justice Law And Culture
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Author : J.K. Feibleman
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
Justice Law And Culture written by J.K. Feibleman and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Philosophy categories.
The following pages contain a theory of justice and a theory of law. Justice will be defined as the demand for a system of laws, and law as an established regulation which applies equally throughout a society and is backed by force. The demand for a system of laws is met by means of a legal system. The theory will have to include what the system and the laws are in tended to regulate. The reference is to all men and their possessions in a going concern. In the past all such theories have been discussed only in terms of society, justice as applicable to society and the laws promul gated within it. However, men and their societies are not the whole story: in recent centuries artifacts have played an increasingly important role. To leave them out of all consideration in the theory would be to leave the theory itself incomplete and even distorted. For the key conception ought to be one not of society but of culture. Society is an organization of men but culture is something more. I define culture (civilization has often been employed as a synonym) as an organization of men together with their material possessions. Such possessions consist in artifacts: material objects which have been altered through human agency in order to reduce human needs. The makers of the artifacts are altered by them. Men have their possessions together, and this objectifies and consolidates the culture.
How Gives The Green Light For Breaking The Law
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Author : Rodoljub Šabić
language : en
Publisher:
Release Date : 2020
How Gives The Green Light For Breaking The Law written by Rodoljub Šabić and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with categories.
Making And Breaking The Law
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Author : Jules Aldous
language : en
Publisher:
Release Date : 1993
Making And Breaking The Law written by Jules Aldous and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Law categories.
Breaking The Law
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Author : Silvio Di Lucia
language : en
Publisher:
Release Date : 2011-03-11
Breaking The Law written by Silvio Di Lucia and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-11 with categories.
Circumventing Circumvention
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Author : Debabrata Dey
language : en
Publisher:
Release Date : 2020
Circumventing Circumvention written by Debabrata Dey and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with categories.
The role of education and enforcement in ensuring compliance with a law or policy has been debated for more than a century now. We reopen this debate in the context of security circumvention by employees, currently a leading cause of information security and privacy breaches. Drawing upon prior literature, we develop a microeconomic framework that captures employees' circumventing behavior in the face of security controls. This allows us to obtain interesting insights that have implications for how an organization should employ anti-circumvention measures. First, unless circumvention is rampant, education and enforcement often work better in combination, and not in isolation. Second, there are incentives for an organization to tolerate circumvention to an extent, even when education and enforcement are cheap. Finally, education and enforcement may be strategic complements or substitutes in different parts of the parameter space. When they are complements, if a change in cost parameters compels the organization to increase one, it would also require an increase in the other in lockstep. In contrast, when they are substitutes, an increase in one is associated with a decrease in the other.