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"This book investigates the conceptual structure of the distinction between creation and application of law, ranging widely across philosophy of law and philosophy of language, and incorporating a substantial discussion of the historical and philosophical foundations of administrative law. The book problematises critiques and offers the first analytical reconstruction of the distinction between creation and application of law within the structure of constitutional democracy. The argument straddles legal and political theory and builds upon cutting-edge insights from different philosophical disciplines, while also casting new light on long-standing issues in constitutional theory, such as the separation of powers doctrine."--
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"Based on legal-philosophical research informed by insights gleaned from empirical case studies, this book sets out three central claims about integration requirements as conditions for attaining increased rights (ie family migration, permanent residency and citizenship) in Europe: (1) That the recent proliferation of these (mandatory) integration requirements is rooted in a shift towards 'individualised' conceptions of integration. (2) That this shift is, on the one side, counterproductive as it puts barriers to participation and inclusion of newcomers (who will most likely permanently settle) and on the other, normatively problematic, insofar as it produces status hierarchies between native-born and immigrant citizens. (3) That the remedy for this situation is a firewall that disconnects integration policy from access to rights. The book draws on perspectives on immigrant integration in multiple EU Member States and includes legal and political reactions to the refugee/migrant crisis."--
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This book focuses on contemporary problems related to fraud and risk in commercial law. It has been said by some that we are in a 'golden age of fraud'. In part this has been caused by globalisation, technological changes and the financialisation of business. This has resulted in the creation of automated linkages with integrated supply chains and the creation of systemic risks, which have been exacerbated by new forms of intangible assets like tokens and their ease of movement. While regulation has ebbed and flowed given the desire of governments to generate economic growth, as well as the distrust of their coercive powers, the courts have sought to strike a balance between considerations such as commercial certainty and fairness. The book provides an analysis of key contemporary issues on the theme of fraud and risk in commercial law, including: technology and fraud, secondary liability and 'failure to prevent' economic crime, abuse of business entities, insolvency and creditor protection, injunctions and other orders, cross-border issues, the relationship between regulation and private law, and solutions for policy makers.
Contracts. --- Fraud --- Philosophy of law
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