Search results for "LAW AND ECONOMICS"

The Strange Case of the Protective Perimeter: Liberties and Claims to Non-Interference

2011

In this paper I aim at pointing out some difficulties raised by the so-called thesis of the protective perimeter of liberties (ToPP), that is: the thesis according to which: neither a privilege necessarily involves a claim to non-interference, nor a claim to non-interference necessarily presupposes a privilege. As to the first aspect of the thesis, I argue that it relies on a misleading concept of ‘interference with a liberty’, which surfaces in the examples to which the thesis is made applicable. As to the second aspect of the thesis, I argue that the idea of someone having a claim to be unimpeded in wronging another person is a misleading description of the situation taken into considerat…

Challenges for Further Development

2014

After discussion of the EU law on IGOs, including applicable Regulations within the EU direct protection system and legal acts within the EU indirect protection system, it would be appropriate to finish the discussion in Part II of the book by providing a critical overview of the existing regulatory framework of the regulation of IGOs in the EU law, as well as pointing out possibilities for further development of the EU law in this field.

Simplified restructuring proceedings in Poland as an example of anti – crisis regulation due to the COVID-19 pandemic

2020

Summary The study discusses new legislative anti – crisis solutions adopted in Poland in connection with the COVID – 19 pandemic. The Polish legislator decided to introduce the so-called simplified restructuring procedure. This happened in the face of the expectations of both the jurisprudence of law and practice. On the one hand, the simplified restructuring procedure (the fifth independent type of restructuring procedure for an entrepreneur in Poland) allows for a quick, cheap and simplified conclusion of an arrangement with creditors outside the court, then approved by the court. On the other hand, the opening of such proceedings gives the debtor protection against enforcement at the cre…

Widening the scope of comparative political theory

2014

The Camorra and protection rackets: the cost to business

2016

Based on the observations from the judicial and investigative evidence provided by prosecutors in Camorra areas in Italy, this investigation provides an estimate of the economic impact of extortion racket to businesses. In particular, the estimates refer to the total and average withdrawal of monetary amounts from the businesses victimised by Camorra clans. Further insights are provided in terms of economic activities mostly victimised, and specifically the construction sector, which is subject to a different type of extortion racket.

The Understanding of Human Rights and Rule of Law from the Perspective of Kohlberg’s Theory

2015

Human rights, democracy and the rule of law are considered to be the foundations of the normative order of modern societies (Habermas, 1996). Even though the universal validity of human rights is often criticized, they represent an ethical minimum consensus of the global society as conventions on human rights have been ratified by more than 150 states.

Jim Tomlinson: Public Policy and the Economy since 1900, Oxford, Clarendon Press, 1990, 380 pp. (incluye bibliografía e índice conjunto de materias y…

1991

The Egalitarian Quality of Lottocracy

2019

Abstract. Recently, political models which employ lottery-selection instead of ballot voting have been proposed. Proponents argue that such  lottocratic models can improve the representation of the population and reduce undemocratic influences. In this paper, I argue that these proposals also satisfy the egalitarian requirement of democracy. I claim that having an  equal chance to be selected by lot  is equally egalitarian as having  an equally weighed vote  for two reasons: first, having a chance to be selected by lot satisfies the requirement for  political justice better than electoral democracy and second, it provides citizens with equal political  influence  and not merely equal  impac…

Constitucionalismo democrático e innovación constitucional en Ecuador

2021

Desde la activación del poder constituyente en la Constitución colombiana de 1991, diversas constituciones democráticas han supuesto cambios estructurales importantes en varios países latinoamericanos, tanto en la organización de los poderes públicos como en la legitimidad democrática del poder y la regeneración constitucional de los derechos. De entre estos nuevos textos constitucionales latinoamericanos destaca, ­­por su originalidad y avances teóricos, la Constitución ecuatoriana de 2009: el primer caso de constitucionalismo de transición en el nuevo constitucionalismo latinoamericano. Estas constituciones, no obstante, se encuentran ante un problema de aplicación que dificulta su funcio…

Institutional Entrepreneurship, Trust, and Regulatory Capture in the Digital Economy

2019

In regard to the problem of the new markets' opening and their regulation, some scholars have introduced the concept of “institutional entrepreneur” in economic literature. This new definition of entrepreneur is important to highlight, albeit in informal and descriptive terms, the existence of functional relationships between activities typical of private market competition and those more specifically, of the public sector. Even if this new economic character can provide an interesting key to understanding what can really happen in the narrow zone that separates the public and private markets, it does not consider some conceptual components that are not minor for the purposes of complete ch…