Documents legal system 55 results

"Most of the literature on corporate governance emphasizes that firms should be run in the interests of shareholders. This is an appropriate objective function when markets are perfect and complete. In many emerging economies this is not the case: markets are imperfect and incomplete. The first theme of the paper is that alternative firm objective functions, such as pursuing the interests of all stakeholders, may help overcome market failures. The second theme is that it is not necessarily optimal to use the law to ensure good corporate governance. Other mechanisms such as competition, trust, and reputation may be preferable."

"One of the principal tasks for legal research at the beginning of the 21st century is to reconstruct the understanding of the relationship between the legal system and the market order. After almost three decades of deregulation driven by a belief in the self-equilibrating properties of the market, the financial crisis of 2008 has reminded everyone of the fundamental truth that markets have legal and institutional foundations, without which they cannot effectively function. The chapters in the present volume are the result of work by a group of legal scholars which began in the mid-2000s, at a time when the shortcomings of deregulatory policies were becoming clear in a number of contexts. The chapters address the question of how the language of contract law describes or conceptualises the market order and the relationship of the law to it. The perspectives taken are, in turn, historical, comparative, and context-specific. The focus of the book is on a foundational idea, the concept of capacitas, which signifies a status conferred upon citizens for the purpose of enabling them to participate in the economic life of the polity. In modern legal systems, 'capacity' is the principal juridical mechanism by which individuals and entities are empowered to enter into legally binding agreements and, more generally, to arrange their affairs using the instruments of private law. Legal capacity is thereby the gateway to involvement in the operations of a market economy."

"On 30 January 2020, in response to the globalisation of COVID-19, the World Health Organization declared a Public Health Emergency of International Concern. The deadly outbreak has caused unprecedented disruption to travel and trade and is raising pressing legal questions across all disciplines, which this book attempts to address.

The aims of this book are twofold. First, it is intended to serve as a “toolbox” for domestic and European judges, who are now dealing with the interpretation of COVID-19-related legislation and administrative measures, as well as the disruption the pandemic has caused to society and fundamental rights. Second, it aims to assist businesses and citizens who wish to be informed about the implications of the virus in the existence, performance and enforcement of their contracts.

Coronavirus and the Law in Europe is probably the largest academic publication on the impact of pandemics on the law. This academic endeavour is a joint, collaborative effort to structure the recent and ongoing legal developments into a coherent and pan-European overview on coronavirus and the law. It covers practically all European countries and legal disciplines and comprises contributions from more than 80 highly reputed European academics and practitioners."

"Patricia Ewick and Susan Silbey's recent auto-critique invited legal consciousness scholars to develop their analyses of legal hegemony in the context of collective sites of legality construction and the contestation of the hegemony of state law. Trade unions provide a particularly apposite group and institutional site to study such processes. From a Marxist perspective, recent labour law scholarship has argued that union engagement with law reproduces liberal legal hegemony by depoliticizing domination and disciplining the individual and collective consciousness of workers and unions. First, we argue that critical legal consciousness research (cLCR) can nuance this Marxist perspective via its insights about polyvocality and legal pluralism. Second, we argue that cLCR relating to the relationship between counter-hegemonic projects and hegemony could be enriched by elements of the Marxist critique of labour law, albeit one that is committed to viewing theory as productive of hypotheses, rather than certainties, that should always be empirically investigated."

This work is licensed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/).

"The newly adopted post-2015 development agenda is centered on 17 sustainable development goals to be reached by 2030. This volume of the World Bank Legal Review looks at how law and justice systems can support the financing and implementation of these goals, including the role of the rule of law and economic and social rights. The contributors, including legal scholars, development practitioners, and financial experts, analyze the goals, explore ways in which they can be achieved, and examine ways that recent relevant law and justice programs have worked. A wide array of topics are covered, from the legal aspects of collecting and monitoring vital data, to improving legal identity programs, to creating innovative health care regulation, to legal and judicial reform, to providing private sector–financing of public education projects to the provision of global public goods. Additionally, a special section on Europe looks at financial crisis management, enforcement of court decisions and the workings of the European Court of Justice. The opportunities and challenges of the 2030 agenda are many. This volume looks at both from multiple perspectives, demonstrating how sustainable development can go forward in a way in which everyone benefits."