The Law and Its Illicit Desires: Transversing Free Market Claustrophobia and the Zombie Imaginary inDredd 3-D

2014 ◽  
Vol 36 (4) ◽  
pp. 298-319 ◽  
Author(s):  
Simon Orpana
Keyword(s):  
Free Market ◽  
The Law

Datenmacht

2021 ◽  
Author(s):  
Simon Deuring
Keyword(s):  
Case Studies ◽  
Legal System ◽  
Industry 4.0 ◽  
Technological Development ◽  
Free Market ◽  
Balance Of Power ◽  
Cost Reductions ◽  
New Business ◽  
The Law

Data shifts the balance of power in the economy dramatically. However, digitisation also offers a multitude of opportunities: the development of new business areas, cost reductions and personalised offers. The increasing speed of technological development forces the legal system to tread on thin ice. Is the key in a regulated or free market? The book shows risks and opportunities of both options, as well as the strengths and weaknesses in European and national law. By using the latest case studies and entering new areas of the law, the book explores the question of how the Industry 4.0 should be designed.

scholarly journals Prinsip Ekstrateritorial Dalam Penegakan Hukum Persaingan Usaha

2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Asti Rachma Amalya
Keyword(s):  
Trade Liberalization ◽  
Free Market ◽  
Economic Globalization ◽  
Business Group ◽  
The Law ◽  
Trade And Investment ◽  
National Borders

Economic globalization has led to trade liberalization, many countries embracing a free market where trade and investment are carried out across national borders. As a consequence the boundaries between countries have disappeared, trade and investment restrictions have also declined and the potential for unfair business competition has increased. For this reason, each country seeks to provide protection for its citizens in its territorial territory and bring about conflicts between jurisdictions. The regulations governing the prohibition of monopolistic practices and unfair business competition do not explicitly regulate the application of extraterritorial principles in Indonesia, but KPPU has handled several cases involving foreign business actors and imposed sanctions on business actors who are not domiciled in Indonesia and against acts committed outside of Indonesia. One of the KPPU's decisions stated the Temasek Holdings business group and its subsidiaries had been proven guilty of violating the provisions of Article 27 of the Law on the Prohibition of Monopolistic Practices and Unfair Business Competition and that the KPPU had imposed sanctions. This paper will discuss the application of extraterritorial principles in the context of business competition in Indonesia and see considerations in the relevant KPPU decisions. It will also examine legal obstacles and challenges in the execution of executions because of regulations that have not explicitly governed the application of extraterritorial principles.

Should Blackmail be Banned?

Philosophy ◽  
1988 ◽  
Vol 63 (246) ◽  
pp. 501-514 ◽  
Author(s):  
David Owens
Keyword(s):  
Free Market ◽  
The Law

There is no right to blackmail. So says the law and so say most moral observers. A few libertarian voices have been raised in defence of blackmail (e.g. Mack) but such a defence is liable to be treated as a reductio of the defender's own free market philosophy. However, it is surprisingly difficult to say just what is wrong with blackmail.

scholarly journals Challenges and Prospects of Legal Regulation on the Way to the Innovative Type (On the Example of the Republic Of Belarus)

Teisė ◽  
2018 ◽  
Vol 108 ◽  
pp. 127-134
Author(s):  
Нanna Shafalovich
Keyword(s):  
Mutual Influence ◽  
Free Market ◽  
Legal Regulation ◽  
The State ◽  
Actual State ◽  
Regulation System ◽  
Regulation Mechanism ◽  
Entire System ◽  
The Law ◽  
The Republic

[only abstract in English; full article, abstract in Russian] The movement towards the formation of the state and the law of the innovative type poses new challenges, for an adequate response to which the entire system of legal regulation needs to be updated. The change of priorities in the legal regulation gives rise to perspectives, which generally point to a greater balance of the law of the innovative type.  Unlike other types of states, a state with a strategically innovative function (an innovative state) takes on the task of promising legal regulation of the public relations. For the legal regulation ‘‘on the lead’’ (perspective) will require a change in the entire system of the legal regulation. In particular, it will require among other measures the legalization and the expansion of the range of sources of law, its addition to auxiliary sources of law of a new type, close to legal doctrine. These include general legal principles, the understanding of law, the tendencies of the law development, the legal facts theory. In conditions of formation of the law of innovative type the following the legal regulation meets the following challenges: First, innovation development is confronted with a contradiction in the concept of a free market and central planning; Secondly, the innovative state should achieve an outstripping effect from the legal regulation (especially the innovation sphere); Thirdly, states that are receptive to innovation are characterized by the inevitable complication of legal ties; Fourthly, the requirement of constant renewal of the law exacerbates the problem of balancing the ever-increasing dynamism and the stability of legal regulation; Fifth, legal regulation in innovative states will require modernization and democratization. The adoption of measures to adapt the legal regulation system to the requirements of an innovative type of law makes it possible to single out the following perspectives: 1) “Denationalization”, the transition from the actual state monopoly to the sources of the law to “private-state partnership”, i.e. alignment and mutual influence of the sources created by the state and authorized by it; 2) Legalization of the entire system of sources of law (including the Republic of Belarus) through legislative consolidation and recognition of basic and auxiliary sources of law de jure, and not de facto, as it is now; 3) The balance of individual and normative types of legal regulation, eliminating the disproportion between the law-making and law-realizing (law-enforcement) stages of the legal regulation mechanism; 4) Increasing the role of dispositive norms that involve the use of more flexible sources of law alternative to direct legal establishment; 5) Redistribution of the main burden in legal regulation from the state to non-state entities (supranational and “sub-state”) by changing the ratio of governance and self-government, centralization and decentralization.

Function and Objectives of Insolvency Law

2017 ◽  
Author(s):  
Hamish Anderson
Keyword(s):  
Market Economy ◽  
Free Market ◽  
Free Market Economy ◽  
Insolvency Law ◽  
Private Benefit ◽  
The Law

Why have insolvency law? The simple answer to that question is that credit is indispensable in a modern free market economy but credit brings with it the possibility of default. The extension of credit in whatever form, and whether in large or small amounts, creates a need for the law to provide remedies to deal with that default when it occurs. The ordinary remedies are private remedies; the creditor obtains and enforces a judgment for its private benefit but sometimes the debtor cannot pay because its liabilities are greater than its means. Insolvency law then provides the method by which the remaining assets are administered in accordance with a predetermined scheme, replacing private competition between creditors with an orderly distribution to all in so far as there are assets to support it.

scholarly journals Anti-Competitive Agreements according to Kosovo’s Law on the Protection of Competition – Case Study of the Insurance Market

2016 ◽  
Vol 9 (13) ◽  
pp. 191-206
Author(s):  
Orhan M. Çeku ◽  
Mentor Q. Shaqiri
Keyword(s):  
Free Market ◽  
Competition Law ◽  
Insurance Market ◽  
Competition Authority ◽  
The European Union ◽  
Market Situation ◽  
Transitional Challenges ◽  
The Law ◽  
The Republic

Competition law is an area which links the economy with the law and is very important for the functioning of a free market economy. Anti-competitive agreements, along with the abuse of dominance and concentrations of undertakings, are the subject matter of the Law on the Protection of Competition (LPC) of the Republic of Kosovo. Anti-competitive agreements can be horizontal or vertical in nature. The following paper deals with agreements and other multilateral practices prohibited under Kosovo’s Law on the Protection of Competition. The LPC explicitly states also specific circumstances where the prohibition does not apply – these are covered by the so called ‘exceptions and allowances’ section of the LPC. In this respect, the LPC has incorporated the entirety of the principles covered by Article 101 TFEU. The insurance market of the Republic of Kosovo was analyzed in the context of this case study, which has all the features of an oligopoly including: a limited number of participating firms, product standardization, interdependence in controlling prices and, difficulty of new market entry. From this perspective, the insurance market is highly problematic as far as violations of the provisions of the law dealing with anti-competitive agreements are concerned. The analysis is conducted based on the enforcement measures undertaken by the Kosovo Competition Authority and reviewed by the judiciary of the Republic of Kosovo. Taking into consideration that Kosovo is a young country facing special transitional challenges and aiming to become a member of the European Union, much needed reforms are to take place still. The aim of this analysis is thus to contribute to further development of competition law in Kosovo through the analysis of current market situation, domestic legislation and its compliance with EU rules.

scholarly journals GOOD GOVERNANCE DAN PEMBARUAN HUKUM DI INDONESIA: REFLEKSI DALAM PENELITIAN SOSIO-LEGAL

2013 ◽  
Vol 2 (1) ◽  
pp. 21
Author(s):  
Herlambang P Wiratraman
Keyword(s):  
Human Rights ◽  
Public Administration ◽  
Good Governance ◽  
Free Market ◽  
Legal Reform ◽  
Law Reform ◽  
Human Rights Law ◽  
Law And Policy ◽  
Financial Governance ◽  
The Law

In the last decade post Soeharto, Good Governance (GG) has been often heard like a `mantra'. GG seems easily uttered talkative, formalized, and grew into a dominant political ideals as well as major constitutional and public administration discourse which have rooted in law, policy, and higher education. Like a rooster crowing in the morning, he continued to speak out in the mornings, wide box spawn 'governance, such as 'good forestry governance, 'good financial governance, 'good university governance, and many others. GG, in that context, seems like an appropriate nutrition to overcome the weakness of the Indonesian legal system, corrupt bureaucracy, and the predatoric political leadership. In this regard, it should be viewed more closely, what is actually superiority owned when GG is talked? Obviously, the law is one of the tools to ensure the operation of the mantra in its implementation, and based on master research conducted in 2005-2006, focusing on the issue of the Law Reform by applying a socio-legal approach. As a result, this study gave the fact which is different or even contrary to the ideals of political buildings or formalized or materialized law and policy. For example, one study showed that the GG in the context of legal reform in Indonesia actually very sinister and weakening the guarantee of human rights. Law, especially product of legislation and institutions, as well as its machinery transmission are dominant in advocating free market (free market friendly legal reform). Perhaps, the conclusions is not popular in the middle of the noisy speech spelling of GG and its projects. However, Indonesia today shows the continuation of massive corruption, violation of human rights, impunity and all the non protection situation in the Indonesian legal system.Keywords: Good Governance, Law reform, Sosio Legal approach

Property, Commercial Law, Labor Law, and Slavery

2019 ◽  
pp. 115-128
Author(s):  
William E. Nelson
Keyword(s):  
New England ◽  
Market Economy ◽  
Free Market ◽  
Labor Law ◽  
Free Market Economy ◽  
Significant Protection ◽  
Commercial Law ◽  
Main Claim ◽  
The Law ◽  
Substantive Law

This chapter discusses the substantive law of property, commercial law, labor law, and slavery. Its main claim is that the law supported a free-market economy in which wealth holders engaged in transactions they desired, always subject, however, to regulation for the benefit of the community at large and for the protection of its least fortunate members. Even slaves received significant protection from the law, although the fact that they could be sold to pay for their masters’ debts (but perhaps not in New England) led to the breakup of slave families and communities and to horrific suffering.

scholarly journals Cartel Agreement in Business Competition Law Perspective

2020 ◽  
Vol 7 (8) ◽  
pp. 431
Author(s):  
Poernomowati Poernomowati ◽  
L Budi Kagramanto ◽  
Endang Prasetyawati
Keyword(s):  
Economic Efficiency ◽  
Free Market ◽  
Competition Law ◽  
Developed Countries ◽  
Domestic Market ◽  
New Challenges ◽  
The Law ◽  
The Government ◽  
Rules Of The Game

Business competition is actually a business between business actors, where the government does not need to interfere, but in order to create rules of the game in business competition, the government needs to intervene to protect consumers. Because if this is not done, there is a possibility that there will be collusion (collusion) between business actors which will lead to economic efficiency, which in the end is the consumer who will pay the expense of buying goods or services with inadequate price and quality. One of the effects of globalization is the free market. The domestic market has new challenges to compete with other sellers from abroad. The sellers who come usually come from developed countries where competition has long been practiced is a cartel. Business actors who are members of various associations in the discussion of amendments to Law No. 5 of 1999, also has a concept of revision of the Law. Amendments to Law No. 5 of 1999 is considered to only accommodate the interests of one party, namely the Business Competition Supervisory Commission (KPPU). Business actors are subject to the law, among others. Objections submitted include amendments to fines for violating Law No. 5 of 1999 a maximum of 30% of turnover.

Ethical Challenges: Less About Moral Wrongdoing and More About Communication Breakdown

2015 ◽  
Vol 20 (3) ◽  
pp. 72-84 ◽  
Author(s):  
Paula Leslie ◽  
Mary Casper
Keyword(s):  
Ethical Challenges ◽  
Speech Language Pathology ◽  
Thickened Liquids ◽  
Communication Breakdown ◽  
Professional Duty ◽  
Language Pathology ◽  
The Law ◽  
Personal Case

“My patient refuses thickened liquids, should I discharge them from my caseload?” A version of this question appears at least weekly on the American Speech-Language-Hearing Association's Community pages. People talk of respecting the patient's right to be non-compliant with speech-language pathology recommendations. We challenge use of the word “respect” and calling a patient “non-compliant” in the same sentence: does use of the latter term preclude the former? In this article we will share our reflections on why we are interested in these so called “ethical challenges” from a personal case level to what our professional duty requires of us. Our proposal is that the problems that we encounter are less to do with ethical or moral puzzles and usually due to inadequate communication. We will outline resources that clinicians may use to support their work from what seems to be a straightforward case to those that are mired in complexity. And we will tackle fears and facts regarding litigation and the law.

Sign in / Sign up

Export Citation Format

Share Document