Law And Uncertainty Risks And Legal Processes
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Law And Uncertainty Risks And Legal Processes
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Author : Robert Baldwin
language : en
Publisher: Springer
Release Date : 1997-01-17
Law And Uncertainty Risks And Legal Processes written by Robert Baldwin and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-01-17 with Law categories.
Law and Uncertainty: Risks and Legal Processes examines the role of the law and legal institutions in coping with the risks and uncertainties that pervade our lives. it examines key concerns, such as how issues relating to risks can be dealt with by means of legal processes, and how risks can be controlled through different legal formulations and techniques. The contents cover a wide range of risk issues as they arise in legal contexts, ranging from the problems of assessing risks within the criminal justice system To The difficulties that judges encounter in processing risk-laden issues through the courts. This study brings together papers delivered at the WG Hart Legal Workshop of 1995, held at the Institute for Advanced Legal Studies in London.
Legal Risks In Eu Law
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Author : Emilia Mišćenić
language : en
Publisher: Springer
Release Date : 2016-04-13
Legal Risks In Eu Law written by Emilia Mišćenić and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-13 with Law categories.
This book takes a completely new and innovative approach to analysing the development of EU law. Within the framework of different important areas of EU law, such as the internal market, consumer protection law, social law, investment law, environment law, migration law, legal translation and terminology, it examines the Union’s approach to the regulation and management of legal risks. Over the years, the Union has come to a point where it is becoming increasingly difficult to justify its authority to regulate in various areas of law. In managing legal risks deriving from the diversity of Member States’ laws, which create barriers to trade and hinder the Union’s economy, the Union itself has actually produced new legal risks that now have to be addressed. This failure on the part of EU institutions to manage legal risks has contributed to legal uncertainty for actors operating on the internal market. This book intends to contribute to the Union’s smoother functioning and continuing development by proposing effective concrete solutions for managing the legal risks distorting the development of various areas of EU law. It pursues an innovative and effective approach to identify legal risks, their causes at the EU level and their impacts on the functioning of the Union and its Member States. By presenting new approaches in this context, the first book on legal risk management in the EU will actively promote the improvement of the EU lawmaking process and the application of EU law in practice.
Risks And Legal Theory
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Author : Jenny Steele
language : en
Publisher: Hart Publishing
Release Date : 2004-04
Risks And Legal Theory written by Jenny Steele and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-04 with Business & Economics categories.
This book explores the conceptual place of risk across a number of fields of law.
Uncertainty Of Law And The Legal Process
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Author : Giuseppe Dari Mattiacci
language : en
Publisher:
Release Date : 2005
Uncertainty Of Law And The Legal Process written by Giuseppe Dari Mattiacci and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Actions and defenses categories.
Regulating Undercover Law Enforcement The Australian Experience
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Author : Brendon Murphy
language : en
Publisher: Springer Nature
Release Date : 2021-03-05
Regulating Undercover Law Enforcement The Australian Experience written by Brendon Murphy and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-05 with Law categories.
This book examines the way in which undercover police investigation has come to be regulated in Australia. Drawing on documentary and doctrinal legal analysis, this book investigates how, in the space of a single decade, Australian law makers set out to regulate one of the most difficult aspects of police: undercover investigation. In so doing, the Australian experience represents a paradigm model. And yet despite its success, it is a system of law and practice that has a dark side – a model of investigation to relies heavily on activities that are unlawful in the absence of authorisation. It is a model that is as much concerned with the surveillance and control of police as it is with suspected criminal conduct. The book aims to locate the Australian experience in comparative perspective with other major common law jurisdictions (the United Kingdom, Canada and New Zealand), with a view to contrast strengths, similarities and weaknesses of these models. It is argued that the Australian model, at the pragmatic level, offers a highly successful model for regulatory structure and practice, providing a significant model for successful regulation. At the same time, the model that has been introduced raises important questions about how and why the Australian experience evolved in the way that it did, and the implications this has for the relationship between citizen and state, the judiciary and the executive, and broader questions about the protections offered by rights discourse and jurisprudence. This book aims to document the law, policy and practices that shape undercover investigations. In so doing, it aims to not only articulate the way in which the law regulates these activities, but also to move on to consider some of the fundamental questions linked to undercover investigations: how did regulation happen? By what means of regulation? What are the driving policy issues that give this field of law its particular complexion? What are the implications? Who gains, and who loses, by which means of power? The book offers unique insights into a largely unknown aspect of modern covert policing, identifying a range of practices, the legal framework, controversies and powers. By locating these practices in a rich theoretical context, informed by risk and governmentality scholarship, this book offers a legal and theoretical explanation of one of the most controversial forms of policing.
Risk Uncertainty And Profit
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Author : Frank H. Knight
language : en
Publisher: Cosimo, Inc.
Release Date : 2006-11-01
Risk Uncertainty And Profit written by Frank H. Knight and has been published by Cosimo, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-11-01 with Business & Economics categories.
A timeless classic of economic theory that remains fascinating and pertinent today, this is Frank Knight's famous explanation of why perfect competition cannot eliminate profits, the important differences between "risk" and "uncertainty," and the vital role of the entrepreneur in profitmaking. Based on Knight's PhD dissertation, this 1921 work, balancing theory with fact to come to stunning insights, is a distinct pleasure to read. FRANK H. KNIGHT (1885-1972) is considered by some the greatest American scholar of economics of the 20th century. An economics professor at the University of Chicago from 1927 until 1955, he was one of the founders of the Chicago school of economics, which influenced Milton Friedman and George Stigler.
Small And Medium Enterprises Law And Business
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Author : Jan Winczorek
language : en
Publisher: Taylor & Francis
Release Date : 2023-06-23
Small And Medium Enterprises Law And Business written by Jan Winczorek and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-23 with Law categories.
The law plays an ambiguous role in running business. While legal tools can be used to tame uncertainties, for example, by concluding contracts to safeguard enforcement of future claims, they can also generate uncertainty. These secondary uncertainties like ones stemming from vague rights and obligations may be counterbalanced by using different resources and strategies, including acting informally, modifying business plans or accepting the losses from unpaid dues. This book discusses how small and medium enterprises use the law, abstain from using the law, and use alternative pathways to manage business uncertainties. Examining these topics through the lenses of an extensive qualitative and quantitative empirical study on justiciable issues, access to justice and legal uncertainty among SMEs in Poland, it implements and expands upon the paradigmatic paths to justice methodology which has been successfully used to study conflict resolution, access to justice and utilisation of the law by individuals in more than 30 jurisdictions. It argues that the grand promise of modern law - that it is a certainty-providing, neutral and democratic device to resolve problems and conflicts - is not fully delivered. It reveals how the conditions of a freshly developed capitalism combined with the rule of law backsliding contribute to universal, structural problems with access to justice meaning that accessing justice is a resource-hungry process, which incentivises small businesses to settle for their legal problems and engage in informal and alternative strategies.
Risk And The Regulation Of Uncertainty In International Law
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Author : Mónika Ambrus
language : en
Publisher: Oxford University Press
Release Date : 2017
Risk And The Regulation Of Uncertainty In International Law written by Mónika Ambrus and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
International law is a system of rules and principles that regulates behaviour between international actors in the present, but is based on what is expected to happen in the future. This book explores how risk and uncertainty are imagined, articulated, and managed across the various fields of international law.
Risk Uncertainty And Government
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Author : Pat O'Malley
language : en
Publisher: Routledge
Release Date : 2012-09-10
Risk Uncertainty And Government written by Pat O'Malley and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-10 with Law categories.
Both risk and uncertainty are neo-liberal concepts, which can be viewed as complementary techniques for governing diverse aspects of life, rather than natural states of things. This new book examines the way these constructs govern the production of wealth through 'uncertain' speculation and 'calculable' investment formulae. The way in which risk and uncertainty govern the minimisation of harms through insurance and through the uncertain practices of 'reasonable foresight' is discussed, and O Malley looks at the way these same techniques were historically forged out of moral and social beliefs about how to govern properly. In addition, the book analyzes is how, during this process, ideas such as 'contract' and distinctions between insurance and gambling were invented to order to 'properly' govern the risky and uncertain future.
Organized Uncertainty
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Author : Michael Power
language : en
Publisher: OUP Oxford
Release Date : 2007-05-24
Organized Uncertainty written by Michael Power and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-05-24 with Business & Economics categories.
Since the mid-1990s risk management has undergone a dramatic expansion in its reach and significance, being transformed from an aspect of management control to become a benchmark of good governance for banks, hospitals, schools, charities and many other organizations. Numerous standards for risk management practice have been produced by a variety of transnational organizations. While these many designs and blueprints are accompanied by ideals of enterprise, value production, and good governance, it is argued that the rise of risk management has also coincided with an intensification of auditing and control processes. The legalization and bureacratization of organizational life has increased because risk management has created new demands for proof and evidence of action. In turn, these demands have generated new risks to reputation. In short, this important book traces the rise of the managerial concept of risk and the different logics and values which underpin it, showing that it has much less to do with real dangers and opportunities than might be thought, and more to do with organizational accountability and legitimacy.