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Economic Constitutionalism in a Turbulent World
This insightful and timely book explores the complexity and resilience of the discourse on economic constitutionalism over a period of heightened economic and political turbulence since the economic crisis of 2008 and Brexit, and its continuous relevance despite the Covid-19 public health crisis and the Russian invasion of Ukraine. Providing a sustained and comprehensive analysis of the concept of economic constitutionalism in European and global governance, this book evaluates the origins, functions, and normative elements of economic constitutionalism, placing the discussion within contemporary theoretical frameworks. Chapters explore the protection of fundamental rights under the new economic governance of the Eurozone, the constitutionalization of the internal market, and the relationship between international judicial authority, social systems, and geoeconomics. Bringing together scholars with expertise in international and European law, the book examines recent case studies including the EU internal market, WTO law, the CETA, and the ICJ. Offering a variety of legal and theoretical perspectives, this book will be essential reading for students and scholars in constitutional and administrative law, European and international economic law, global governance studies, and trade law. It will also be beneficial for political scientists and sociology theorists looking to gain an understanding of the legal foundations of economic constitutionalism.
Economic Crime: From Conception to Response (Global Issues in Crime and Justice)
by Mark Button Branislav Hock David ShepherdThis book is the first attempt to establish 'economic crime' as a new sub-discipline within criminology. Fraud, corruption, bribery, money laundering, price-fixing cartels and intellectual property crimes pursued typically for financial and professional gain, have devastating consequences for the prosperity of economic life. While most police forces in the UK and the USA have an ‘economic crime’ department, and many European bodies such as Europol use the term and develop strategies and structures to deal with it, it is yet to grain traction as a widely used term in the academic community. Economic Crime: From Conception to Response aims to change that and covers: definitions of the key premises of economic crime as the academic sub-discipline within criminology; an overview of the key research on each of the crimes associated with economic crime; public, private and global responses to economic crime across its different forms and sectors of the economy, both within the UK and globally. This book is an essential resource for students, academics and practitioners engaged with aspects of economic crime, as well as the related areas of financial crime, white-collar crime and crimes of the powerful.
Economic Crime: From Conception to Response (Global Issues in Crime and Justice)
by Mark Button Branislav Hock David ShepherdThis book is the first attempt to establish 'economic crime' as a new sub-discipline within criminology. Fraud, corruption, bribery, money laundering, price-fixing cartels and intellectual property crimes pursued typically for financial and professional gain, have devastating consequences for the prosperity of economic life. While most police forces in the UK and the USA have an ‘economic crime’ department, and many European bodies such as Europol use the term and develop strategies and structures to deal with it, it is yet to grain traction as a widely used term in the academic community. Economic Crime: From Conception to Response aims to change that and covers: definitions of the key premises of economic crime as the academic sub-discipline within criminology; an overview of the key research on each of the crimes associated with economic crime; public, private and global responses to economic crime across its different forms and sectors of the economy, both within the UK and globally. This book is an essential resource for students, academics and practitioners engaged with aspects of economic crime, as well as the related areas of financial crime, white-collar crime and crimes of the powerful.
Economic Development and Mental Illness: Anticipating and Mitigating Disruptive Change
by Alf H. WalleSocial, economic, and technological changes disrupt many Indigenous, ethnic, and rural communities even when offering progress. Under these conditions, social and psychological dysfunctions are likely to emerge. This book provides insights regarding how to anticipate, prevent, and, when necessary, provide mitigation strategies to communities and individuals who suffer as a result. This book, the first of its kind, provides an overview of strategic and policy issues involving the relationship between change and dysfunction, enabling the reader to more effectively deal with potentially hurtful influences in proactive, equitable, and culturally sensitive ways. After providing a theoretical overview, methods for anticipating the hurtful impacts of change are discussed, along with techniques for mitigating its negative effects upon communities and individuals. Learning objectives and discussion questions are included with each chapter, and the book can serve as a text for courses on indigenous economic development, Native studies, culturally appropriate business, and culturally competent therapy. It can also be used as a professional handbook for practitioners working with communities affected by these issues.
Economic Development and Mental Illness: Anticipating and Mitigating Disruptive Change
by Alf H. WalleSocial, economic, and technological changes disrupt many Indigenous, ethnic, and rural communities even when offering progress. Under these conditions, social and psychological dysfunctions are likely to emerge. This book provides insights regarding how to anticipate, prevent, and, when necessary, provide mitigation strategies to communities and individuals who suffer as a result. This book, the first of its kind, provides an overview of strategic and policy issues involving the relationship between change and dysfunction, enabling the reader to more effectively deal with potentially hurtful influences in proactive, equitable, and culturally sensitive ways. After providing a theoretical overview, methods for anticipating the hurtful impacts of change are discussed, along with techniques for mitigating its negative effects upon communities and individuals. Learning objectives and discussion questions are included with each chapter, and the book can serve as a text for courses on indigenous economic development, Native studies, culturally appropriate business, and culturally competent therapy. It can also be used as a professional handbook for practitioners working with communities affected by these issues.
Economic Development, Crime, and Policing: Global Perspectives
by Garth Den Heyer Dilip K. Das Frédéric LemieuxThe 22nd Annual Meeting of the International Police Executive Symposium was held in August 2012 at the United Nations Plaza in New York. Chaired by Dr. Garth den Heyer, the symposium focused on the links between economic development, armed violence, and public safety. Drawn from these proceedings, Economic Development, Crime, and Policing: Global P
Economic Diplomacy and Foreign Policy-making
by Charles ChatterjeeThis book aims to identify what components are needed for economic diplomacy in today’s rapidly changing world, looking at the nature, focus and tenets of economic diplomacy, and the differences between economic diplomacy and commercial diplomacy. Further, it considers the new kind of diplomacy that will be required for emerging markets, in contrast to maintaining the traditional techniques used for economic diplomacy between states. The author emphasises the negotiating techniques necessary for successfully engaging in economic diplomacy in the current diplomatic atmosphere. Importantly, it also discusses how to pursue economic diplomacy at international fora and with regard to private foreign investments. Lastly, it addresses the role of non-governmental organisations in economic diplomacy. Given its scope, the book will benefit not only practicing diplomats, but also graduate students.
Economic Efficiency: Non-efficiency Considerations under Article 101 TFEU (International Competition Law Series #51)
by Ben Van RompuyOver the past decade, we have witnessed an apparent convergence of views among competition agency officials in the European Union and the United States on the appropriate goals of competition law enforcement. Antitrust policy, it is now suggested, should focus on enhancing economic efficiency, which we are to believe will promote consumer welfare. Recent EU Commission Guidelines on the application of Article 101 TFEU appear to banish considerations that cannot be construed as having an economic efficiency value – such as the environment, cultural policy, employment, public health, and consumer protection – from the application of Article 101 TFEU. Arguing that the professed adoption of an exclusive efficiency approach to Article 101 TFEU does not preclude, but rather obfuscates the role of non-efficiency considerations, the author of this timely contribution accomplishes the following objectives: traces the genesis of the shift to an efficiency orientation in EU and US antitrust policy and dispels several ingrained misconceptions that underpin it; demonstrates the close interrelationship between evolving images of the purpose of antitrust, the development of related enforcement norms, and enforcement output; provides in-depth analyses of a number of analytically rich cases in the audiovisual sector (and particularly those related to sports rights); and explores what the role of non-efficiency considerations in the application of Article 101 TFEU could and should be under the modernized enforcement regime.
Economic Ethics in Late Medieval England, 1300–1500 (Archival Insights into the Evolution of Economics)
by Jennifer HoleDrawing on an array of archival evidence from court records to the poems of Chaucer, this work explores how medieval thinkers understood economic activity, how their ideas were transmitted and the extent to which they were accepted. Moving beyond the impersonal operations of an economy to its ethical dimension, Hole’s socio-cultural study considers not only the ideas and beliefs of theologians and philosophers, but how these influenced assumptions and preoccupations about material concerns in late medieval English society. Beginning with late medieval English writings on economic ethics and its origins, the author illuminates a society which, although strictly hierarchical and unequal, nevertheless fostered expectations that all its members should avoid greed and excess consumption. Throughout, Hole aims to show that economic ethics had a broader application than trade and usury in late medieval England.
Economic Ethics & the Black Church
by Wylin D. WilsonThis book examines the relationship between race, religion, and economics within the black church. The book features unheard voices of individuals experiencing economic deprivation and the faith communities who serve as their refuge. Thus, this project examines the economic ethics of black churches in the rural South whose congregants and broader communities have long struggled amidst persistent poverty.Through a case study of communities in Alabama's Black Belt, this book argues that if the economic ethic of the Black Church remains accommodationist, it will continue to become increasingly irrelevant to communities that experience persistent poverty. Despite its historic role in combatting racial oppression and social injustice, the Church has also perpetuated ideologies that uncritically justify unjust social structures. Wilson shows how the Church can shift the conversation and reality of poverty by moving from a legacy of accommodationism and toward a legacy of empowering liberating economic ethics.
Economic Evaluation, Cost-Benefit Analysis, Economic Ethics: A Review with Regard to Climate Change – Figures in the Sustainability Discourse (Environmental Humanities: Transformation, Governance, Ethics, Law)
by Felix EkardtWith cost-benefit analysis, economic sciences cultivate a specific decision-making procedure, which has also been partially adopted in politics. Although economists do not experience the approach as normative, on closer examination the approach can be identified as an economic ethics. The present philosophical and at the same time transdisciplinary (with special legal and economic components) treatment examines the persuasive power of this approach using climate change as an example, as the most important sustainability issue. The objections raised against the economisation of decision-making with regard to the utilitarian tradition, such as the criticism of the orientation towards weighing up options, the alleged lack of distributive justice or the tendency to describe people in behavioural science as selfish, are hardly or not at all convincing on closer examination. In several respects, however, it turns out that cost-benefit analysis faces insoluble problems. Firstly, the theoretical basis of (hidden normative) cost-benefit analysis in philosophical empiricism does not seem tenable. This means the idea of empiricism that normative questions must be transformed into questions of factual (countable and reproduceable) preferences of people. Secondly, there are massive collisions of cost-benefit analysis with a liberal-democratic constitutional law, whose principles are universal ethical principles. This concerns both freedom rights (which must not depend on the ability of humans to pay) and the model of democracy and respect for the rule of law. Thirdly, insoluble problems of application arise for cost-benefit analyses, which are particularly (but not only) apparent in the context of climate protection, in general considerations as in the case of legislation as well as in individual analyses, as done when constructing a coal-fired power plant. A strongly deflated cost-benefit analysis could nevertheless contribute factual material – such as partial aspects of decision consequences that can actually be depicted in monetary terms – to ethical or legal decision-making processes. In this respect the approach appears helpful and complementary, but not beyond that.
Economic Foundations of International Law
by Eric A. Posner A. O SykesExchange of goods and ideas among nations, cross-border pollution, global warming, and international crime pose formidable questions for international law. Two respected scholars provide an intellectual framework for assessing these problems from a rational choice perspective and describe conditions under which international law succeeds or fails.
Economic Foundations of International Law
by Eric A. Posner A. O SykesExchange of goods and ideas among nations, cross-border pollution, global warming, and international crime pose formidable questions for international law. Two respected scholars provide an intellectual framework for assessing these problems from a rational choice perspective and describe conditions under which international law succeeds or fails.
Economic Foundations of Law
by Stephen J. SpurrThe third edition of Economic Foundations of Law introduces readers to the economic analysis of the major areas of the law: property law, torts, contracts, criminal law, civil procedure, corporation law and financial markets, taxation, and labor law. No prior knowledge of law is required, but a prior course in the principles of microeconomics would be quite helpful. The text opens with a review of the basic principles of price theory and an overview of the legal system, to ensure readers are equipped with the tools necessary for economic analysis of the law. The third edition provides expanded or new coverage of key topics including intellectual property law, how the creation of new forms of property rights affects the conservation of species such as elephants and fish, controversies involving liability for medical malpractice and class actions, the transformation of personal injury litigation by the intervention of insurance companies as plaintiffs, how to predict the outcome of litigation with game theory, an economic analysis of the ownership and use of guns, bankruptcy law and the economics of bank regulation. Comprehensive and well-written, this text is a compelling introduction to law and economics that is accessible to both economics and law students.
Economic Foundations of Law
by Stephen J. SpurrThe third edition of Economic Foundations of Law introduces readers to the economic analysis of the major areas of the law: property law, torts, contracts, criminal law, civil procedure, corporation law and financial markets, taxation, and labor law. No prior knowledge of law is required, but a prior course in the principles of microeconomics would be quite helpful. The text opens with a review of the basic principles of price theory and an overview of the legal system, to ensure readers are equipped with the tools necessary for economic analysis of the law. The third edition provides expanded or new coverage of key topics including intellectual property law, how the creation of new forms of property rights affects the conservation of species such as elephants and fish, controversies involving liability for medical malpractice and class actions, the transformation of personal injury litigation by the intervention of insurance companies as plaintiffs, how to predict the outcome of litigation with game theory, an economic analysis of the ownership and use of guns, bankruptcy law, and the economics of bank regulation. Comprehensive and well-written, this text is a compelling introduction to law and economics that is accessible to both economics and law students.
Economic Foundations of Law second edition
by Stephen SpurrEconomic Foundations of Law (2nd ed.) provides an economic analysis of the major areas of the law: property law, torts, contracts, criminal law, civil procedure, corporation law and financial markets, taxation and labor law. In line with current trends in legal scholarship, discussion is focused on economic principles such as risk aversion, efficiency, opportunity cost, moral hazard, rent-seeking behaviour and economies of scale. Accessible, comprehensive and well written, this book uses extensive practical examples and explanations to illustrate key points. There are numerous applications to lawyers and the legal profession, with detailed discussions of subjects as diverse as the proposed market for transplantable human organs, the market for adoptions, the market for bail bonds, the unanticipated effects of Megan’s law, and issues of racial profiling. Fully updated and revised, a new chapter on labor law has also been included.
Economic Foundations of Law second edition
by Stephen SpurrEconomic Foundations of Law (2nd ed.) provides an economic analysis of the major areas of the law: property law, torts, contracts, criminal law, civil procedure, corporation law and financial markets, taxation and labor law. In line with current trends in legal scholarship, discussion is focused on economic principles such as risk aversion, efficiency, opportunity cost, moral hazard, rent-seeking behaviour and economies of scale. Accessible, comprehensive and well written, this book uses extensive practical examples and explanations to illustrate key points. There are numerous applications to lawyers and the legal profession, with detailed discussions of subjects as diverse as the proposed market for transplantable human organs, the market for adoptions, the market for bail bonds, the unanticipated effects of Megan’s law, and issues of racial profiling. Fully updated and revised, a new chapter on labor law has also been included.
Economic Freedom and Social Justice: The Classical Ideal of Equality in Contexts of Racial Diversity (Palgrave Studies in Classical Liberalism)
by Wanjiru NjoyaThis book analyses the egalitarian foundations of equality law from a classical liberal perspective by asking two central questions: does justice ideally demand equality? Are differences in abilities among people in some sense unfair? The book examines these questions in the context of racial diversity. Racial justice as a component of social justice is often considered to be so emotionally and morally compelling that its implications for economic freedom are rarely subjected to critical scrutiny. In defending the classical ideal of formal equality in contexts of racial diversity this book questions the ethical status of egalitarian social and moral ideals. Economic Freedom and Social Justice argues that egalitarian ideals, like all subjective value judgements, must be subjected to critical intellectual inquiry rather than treated axiomatically. Drawing upon the legal framework in the UK and other common law jurisdictions, this book shows some of the ways in which egalitarian ideals, in addition to resting on false premises, are costly, harmful, and ultimately inimical to justice and liberty. The book argues that legal entitlements and policy guidelines constructed upon notions of racial equity are wrongly constituted as the main prism through which liberal market democracies govern private relationships, including the employment relationship. Written in a clear and forthright style, this book will be of interest to students and scholars in law, economics, philosophy and political economy.
Economic Gangsters: Corruption, Violence, and the Poverty of Nations
by Ray Fisman Edward MiguelMeet the economic gangster. He's the United Nations diplomat who double-parks his Mercedes on New York City streets at rush hour because the cops can't touch him--he has diplomatic immunity. He's the Chinese smuggler who dodges tariffs by magically transforming frozen chickens into frozen turkeys. The dictator, the warlord, the unscrupulous bureaucrat who bilks the developing world of billions in aid. The calculating crook who views stealing and murder as just another part of his business strategy. And, in the wrong set of circumstances, he might just be you. In Economic Gangsters, Raymond Fisman and Edward Miguel take readers into the secretive, chaotic, and brutal worlds inhabited by these lawless and violent thugs. Join these two sleuthing economists as they follow the foreign aid money trail into the grasping hands of corrupt governments and shady underworld characters. Spend time with ingenious black marketeers as they game the international system. Follow the steep rise and fall of stock prices of companies with unseemly connections to Indonesia's former dictator. See for yourself what rainfall has to do with witch killings in Tanzania--and more. Fisman and Miguel use economics to get inside the heads of these "gangsters," and propose solutions that can make a difference to the world's poor--including cash infusions to defuse violence in times of drought, and steering the World Bank away from aid programs most susceptible to corruption. In a new postscript, the authors look at how economists might use new tools to better understand, and fight back against, corruption and violence in the aftermath of the 2008 financial crisis. Take an entertaining walk on the dark side of global economic development with Economic Gangsters.
Economic Gangsters: Corruption, Violence, and the Poverty of Nations
by Ray Fisman Edward MiguelMeet the economic gangster. He's the United Nations diplomat who double-parks his Mercedes on New York City streets at rush hour because the cops can't touch him--he has diplomatic immunity. He's the Chinese smuggler who dodges tariffs by magically transforming frozen chickens into frozen turkeys. The dictator, the warlord, the unscrupulous bureaucrat who bilks the developing world of billions in aid. The calculating crook who views stealing and murder as just another part of his business strategy. And, in the wrong set of circumstances, he might just be you. In Economic Gangsters, Raymond Fisman and Edward Miguel take readers into the secretive, chaotic, and brutal worlds inhabited by these lawless and violent thugs. Join these two sleuthing economists as they follow the foreign aid money trail into the grasping hands of corrupt governments and shady underworld characters. Spend time with ingenious black marketeers as they game the international system. Follow the steep rise and fall of stock prices of companies with unseemly connections to Indonesia's former dictator. See for yourself what rainfall has to do with witch killings in Tanzania--and more. Fisman and Miguel use economics to get inside the heads of these "gangsters," and propose solutions that can make a difference to the world's poor--including cash infusions to defuse violence in times of drought, and steering the World Bank away from aid programs most susceptible to corruption. In a new postscript, the authors look at how economists might use new tools to better understand, and fight back against, corruption and violence in the aftermath of the 2008 financial crisis. Take an entertaining walk on the dark side of global economic development with Economic Gangsters.
Economic Governance in Europe: Comparative Paradoxes and Constitutional Challenges (Oxford Studies in European Law)
by Federico FabbriniThe Euro-Crisis and the legal and institutional responses to it have had important constitutional implications on the architecture of the European Union (EU). Going beyond the existing literature, Federico Fabbrini's book takes a broad look and examines how the crisis and its aftermath have changed relations of power in the EU, disaggregating three different dimensions: (1) the vertical relations of power between the member states and the EU institutions, (2) the relations of power between the political branches and the courts, and (3) the horizontal relations of power between the EU member states themselves. The first part of the book argues that, in the aftermath of the Euro-crisis, power has been shifting along each of these axes in paradoxical ways. In particular, through a comparison of the United States, Fabbrini reveals that the EU is nowadays characterized by a high degree of centralization in budgetary affairs, an unprecedented level of judicialization of economic questions, and a growing imbalance between the member states in the governance of fiscal matters. As the book makes clear, however, each of these dynamics is a cause for concern - as it calls into question important constitutional values for the EU, such as the autonomy of the member states in taking decision about taxing and spending, the preeminence of the political process in settling economic matters, and the balance between state power and state equality. The second part of the book, therefore, devises possible options for future legal and institutional developments in the EU which may revert these paradoxical trends. In particular, Fabbrini considers the ideas of raising a fiscal capacitiy, restoring the centrality of the EU legislative process, and reforming the EU executive power, and discusses the challenges that accompany any further step towards a deeper Economic and Monetary Union.
Economic Governance in Europe: Comparative Paradoxes and Constitutional Challenges (Oxford Studies in European Law)
by Federico FabbriniThe Euro-Crisis and the legal and institutional responses to it have had important constitutional implications on the architecture of the European Union (EU). Going beyond the existing literature, Federico Fabbrini's book takes a broad look and examines how the crisis and its aftermath have changed relations of power in the EU, disaggregating three different dimensions: (1) the vertical relations of power between the member states and the EU institutions, (2) the relations of power between the political branches and the courts, and (3) the horizontal relations of power between the EU member states themselves. The first part of the book argues that, in the aftermath of the Euro-crisis, power has been shifting along each of these axes in paradoxical ways. In particular, through a comparison of the United States, Fabbrini reveals that the EU is nowadays characterized by a high degree of centralization in budgetary affairs, an unprecedented level of judicialization of economic questions, and a growing imbalance between the member states in the governance of fiscal matters. As the book makes clear, however, each of these dynamics is a cause for concern - as it calls into question important constitutional values for the EU, such as the autonomy of the member states in taking decision about taxing and spending, the preeminence of the political process in settling economic matters, and the balance between state power and state equality. The second part of the book, therefore, devises possible options for future legal and institutional developments in the EU which may revert these paradoxical trends. In particular, Fabbrini considers the ideas of raising a fiscal capacitiy, restoring the centrality of the EU legislative process, and reforming the EU executive power, and discusses the challenges that accompany any further step towards a deeper Economic and Monetary Union.
Economic Impacts of Intellectual Property-Conditioned Government Incentives
by Dan Prud’homme Hefa SongThis book provides new insights into the economic impacts, strategic objectives and legal structures of an emerging branch of government incentives conditioned on meeting intellectual property-related requirements. Despite becoming more common in recent years, such incentives – ranging from patent fee subsidies and patent box tax deductions to inventor remuneration schemes – are still under-researched. A diverse range of analytical methods, including econometric analyses, case studies and comparative legal analysis, are used to study these incentives in countries in Europe and China. Scholars, policymakers and practitioners can benefit from the conceptual and practical insights as well as policy recommendations provided.
Economic Imperatives and Ethical Values in Global Business: The South African Experience and International Codes Today (John W. Houck Notre Dame Series In Business Ethics)
by S. Prakash Sethi Oliver F. Williamsreligious values at the office door. Apartheid was an evil, and business had great power in South Africa. Where there is power, there is also responsibil ity. I prayed about this long and hard. I pushed the companies as much as I thought I could. There were advances and there were setbacks, but finally we prevailed and the Blacks of South Africa secured their freedom. My effort in behalf of the Sullivan Principles was only one of a number of significant efforts of the anti-apartheid movement. All of those other efforts must be recognized, as well. The Sullivan Principles and the manner in which they were implemented in South Africa were in the nature of a grand experiment in the sociopolitical change and economic uplifting of the Black people of South Africa. What is even more important is that the Principles were driven by an ethical and moral imperative, and were voluntarily implemented by a group of enlight ened United States multinational corporations. No grand design or vision is ever perfect. We fall prey to human follies, limited understanding of the future, and necessary compromises to seek not what is perfect but what is possible. Thus, any such effort is subject to criticism from those who seek ideological purity and those who seek to minimize the impact of change from the status quo . .
Economic Inequality and Poverty: International Perspectives
by Lars OsbergThis title was first published in 1991: This collection focuses on the concepts and measurements of inequality, poverty, the concentration of wealth, and the implications of these issues for social policies. A special feature of this work is the international comparisons of the evidence on economic inequality.