Book Review:Where the Law Ends: The Social Control of Corporate Behavior. Christopher D. Stone

Insider trading has been criminalised in Australia for over a decade. Yet there have been few prosecutions in respect of such conduct, and none of these have been successful. There is little doubt that insider trading in Australia is extensive and is to be found across many sectors of the securities industry. Despite this, the law has not proved to be an effective vehicle for the social control of insider trading or for the deterrence of such conduct. It seems that the criminal sanctions for insider trading have been largely symbolic in nature. This article explores the obstacles to enforcement of criminal laws in this area by reference to findings from a national empirical study funded by the Criminology Research Council. The study involved in-depth interviews with almost 100 key figures in the Australian securities industry (brokers, lawyers, merchant bankers etc) and of officials involved in its regulation (from the Corporate Affairs Commissions and the Australian Stock Exchange). Problems in detection, proof and punishment, in the nature and extent of regulatory resources devoted to this area and in the content of the law itself are identified and discussed.

Download Full-text

How to Write a Positivist Legal History: Lessons from the 18th and 19th Centuries English Jurists William Blackstone and James Fitzjames Stephen

Histories ◽

10.3390/histories1030017 ◽

2021 ◽

Vol 1 (3) ◽

pp. 169-183

Author(s):

Susanna Menis

Keyword(s):

Social Control ◽

Criminal Law ◽

Legal History ◽

Social Response ◽

Master Plan ◽

A Value ◽

The Social ◽

History Of ◽

The Law ◽

The 1960S

This paper is about the shaping of the law understood as a positivist enterprise. Positivist law has been the object of contentious debate. Since the 1960s, and with the surfacing of revisionist histories, it has been suggested that the abstraction of the doctrine of criminal law is due to its categorisation in early histories. However, it is argued here that positivism was hardly an intentional master plan of autocratic social control. Rather, it is important to recognise that historians do not provide a value-free recount of history. This paper examines this assertion by drawing on the writings of the English jurists William Blackstone and his work Commentaries on the Law of England (1765), and James Fitzjames Stephen’s A History of the Criminal Law of England (1883). Taking these scholars not as mere a-historical writers but reflecting on the fact that they inevitably ‘functioned’ as conduits of their own social practise opens an inquiry into the social response to a social need, which was already under way long before their time.

Download Full-text

Implementasi maqasid al-shari’ah sebagai solusi problematika sosial dan kemasyarakatan kontemporer

IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan ◽

10.18326/ijtihad.v17i1.1-18 ◽

2017 ◽

Vol 17 (1) ◽

pp. 1

Author(s):

A. Bahruddin

Keyword(s):

Social Control ◽

Human Dignity ◽

Islamic Law ◽

Legal Protection ◽

Social Changes ◽

Legal Certainty ◽

The Social ◽

The World ◽

The Law ◽

The Times

Islam as a legal system based on the Qur’an and sunnah ideally expected to be able to control the sociallife in society, by ensuring the implementation of their rights as individuals and society. Besides, as ameans of social control of the social changes that are happening in the life of society, as well as socialengineering tools in realizing the benefits in the world and the hereafter and maintain human dignity asa goal for the establishment of the law itself. Furthermore how is the ability of Islam in responding tothe growing demands of society in accordance with the times. So its ability to answer these challenges byproviding solutions to emerging social problems is a reality that is difficult to avoid, because peopleneed legal certainty as well as their rights both as individuals and communities need to get certainty as amanifestation of their rights in a fundamental way. Departing from these issues, the understanding ofIslamic law and the purpose of its implementation (Maqashid al-Shariah) becomes very important, itwill affect the success in the process of implementation of Islamic law both among Muslims and societyat large. So ideally Islamic law in reality in society is expected to provide legal protection for certain and asa tool of social control of social changes that occur in the life of society, and no less important is torealize the benefits and maintain human dignity as the purpose of the implementation of the law.

Download Full-text

BATAS-BATAS KEMAMPUAN HUKUM DALAM MENGHADAPI PERUBAHAN SOSIAL

JURNAL HUKUM ISLAM ◽

10.28918/jhi.v12i1.525 ◽

2014 ◽

Vol 12 (1) ◽

Author(s):

Eman Sulaeman

Keyword(s):

Social Behavior ◽

Social Control ◽

Social Life ◽

Social Reality ◽

Social Engineering ◽

Left Behind ◽

The Social ◽

The Law

Law is a tool to manage the social life, either as social control or as social engineering. But there is a problem: thelaw exactly almost always left behind of the objects that is regulated. So, there will be always gap between law and social behavior, either significant or not. This problem will be serious if the gap between formal regulation and social reality that happened has passed over the normal boundaries, in which the fact of law has fallen behind from the social reality has been too significant, but there is no realization of the adjusments that should have been done. At that time the huge gaps happens and so do the strained situation between social changing and the law that regulates it. This writing tried to explain how the ability of law to adjust with the social changing.

Download Full-text