Books: 'Legality of crisis'

1

Ashworth, Andrew. Interpreting criminal statutes: A crisis of legality?. London: Stevens, 1991.

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2

Fantozzi, Pietro, and Antonio Costabile. Legalità in crisi: Il rispetto delle regole in economia e in politica. Roma: Carocci editore, 2012.

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3

The principle of legality in international and comparative criminal law. Cambridge [UK]: Cambridge University Press, 2008.

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4

Karlyson, Mykael. La violenza sessuale: Aspetti giuridici e medico-legali. Milano: A. Giuffrè, 2000.

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5

Notaro, Domenico. Autorità indipendenti e norma penale: La crisi del principio di legalità nello stato policentrico. Torino: G. Giappichelli, 2010.

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6

Gaff, Angela. An illusion of legality: A legal analysis of Israel's mass deportation of Palestinians on 17 December 1992. Ramallah: al-Haq, 1993.

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7

Catenacci, Mauro. Legalità e tipicità del reato nello statuto della Corte penale internazionale. Milano: A. Giuffrè, 2003.

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8

Legally combating atrocities on scheduled castes and scheduled tribes. New Delhi: Concept Pub. Co., 2004.

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9

United States. Congress. House. Committee on the Judiciary. Subcommittee on Economic and Commercial Law. Dischargeability in bankruptcy of criminal fines, restitution, and related liabilities arising out of a debtor's operation of a motor vehicle while legally intoxicated: Hearing before the Subcommittee on Economic and Commercial Law of the Committee on the Judiciary, House of Representatives, One Hundred First Congress, second session, June 21, 1990. Washington: U.S. G.P.O., 1991.

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10

Law, United States Congress House Committee on the Judiciary Subcommittee on Economic and Commercial. Dischargeability in bankruptcy of criminal fines, restitution, and related liabilities arising out of a debtor's operation of a motor vehicle while legally intoxicated: Hearing before the Subcommittee on Economic and Commercial Law of the Committee on the Judiciary, House of Representatives, One Hundred First Congress, second session, June 21, 1990. Washington: U.S. G.P.O., 1991.

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11

Canada. Bill: An act to legalize or confirm an agreement made between the Grand Trunk Railway Company of Canada and the Buffalo and Lake Huron Railway Company. Quebec: Hunter, Rose, 2001.

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12

Kilpatrick, Claire, and Joanne Scott, eds. Contemporary Challenges to EU Legality. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192898050.001.0001.

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This volume explores contemporary challenges to EU legality, including actions or activities that cast doubt on, or sit uncomfortably with, the premises, principles, and norms that underpin the EU’s legal order as proclaimed by the Treaties and the authoritative judgments of the Court of Justice of the European Union (CJEU). These premises, principles, and norms range from the precisely formulated to the noticeably vague. The book develops a broader theoretical perspective as well as delving into a range of substantive areas including the Common Foreign and Security Policy (CFSP), the EU’s relationship with international law, migration, human rights, the sovereign debt crisis, and Brexit.

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13

Dawar, Kamala. Legality of Bailouts and Buy Nationals: International Trade Law in a Crisis. Bloomsbury Publishing Plc, 2020.

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14

To the edge: Legality, legitimacy, and the responses to the 2008 financial crisis. 2015.

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15

Alexander, Orakhelashvili. Part 1 The Cold War Era (1945–89), 9 The Cuban Missile Crisis—1962. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198784357.003.0009.

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This chapter begins with examining the context in which the US government decided to impose the quarantine against Cuba in 1962, in response to the Soviet nuclear missile placement in Cuba. The legality of the US measures is examined against the Charter of the United Nations, the OAS regional security framework, and general international law including the regime of belligerent rights. The final section addresses the precedential value of this incident, especially the ways in which legal advisers addressed the complex legal issues surrounding the Cuban missile crisis.

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16

Daniel, Franchini, and Tzanakopoulos Antonios. Part 2 The Post-Cold War Era (1990–2000), 47 The Kosovo Crisis—1999. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198784357.003.0047.

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This contribution discusses the forcible intervention by NATO against Serbia in 1999 in response to the situation in Kosovo. It sets out the facts and background of the crisis, along with the legal positions of the main protagonists and the reactions of the international community. It then proceeds to survey the debates surrounding the legality of the intervention and to assess the soundness of the legal justifications put forward by states and authors. Finally, it discusses the precedential value of the intervention, especially in view of claims of the existence or emergence of a rule or principle of international law permitting the unilateral use of force in response to humanitarian crises. The contribution concludes that the NATO intervention has significant precedential value in that it confirms the unlawfulness of forcible unilateral humanitarian intervention.

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17

Alexandra, Hofer. Part 1 The Cold War Era (1945–89), 4 The Suez Crisis—1956. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198784357.003.0004.

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This chapter examines the intervention led by France, the United Kingdom and Israel against Egypt in 1956. After recalling the facts of the Suez Canal Crisis, it examines the legal positions of the main protagonists (Israel, France, the United Kingdom and Egypt) and the reactions of United Nations member states. The intervention’s legality is then assessed against the international legal framework governing the use of force as it stood in 1956. The final section analyses the intervention’s precedential value and its impact on the jus ad bellum. It is argued that if the intervention initially undermined the United Nations, the forceful reaction of UN member states affirmed the importance of the UN Organization and its principles.

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18

Robert, Kolb. Part 1 The Cold War Era (1945–89), 7 The Belgian Intervention in the Congo—1960 and 1964. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198784357.003.0007.

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This chapter examines the interventions by Belgium in the Congo at the beginning of the 1960s. After recalling the facts of the crisis, it examines the legal positions of the main protagonists and the reactions of United Nations member states. The central issue turned around the legality of an intervention based on the consent of the local government and the issue of the forcible rescue of citizens abroad. The chapter concludes that the Congo precedent contributed to the shaping of modern international law on these issues.

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19

Dino, Kritsiotis. Part 1 The Cold War Era (1945–89), 15 The Indian Intervention into (East) Pakistan—1971. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198784357.003.0015.

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This contribution discusses the 1971 Indian intervention in east Pakistan. It sets out the facts and context of the crisis, the legal positions of the main protagonists (India and Pakistan), and the international community’s reactions. It then tests the legality of the Indian intervention against the international legal framework governing the use of force as it stood at the time of the events. The final section examines if, and to what extent, the case has had an impact on the further development of the jus ad bellum, in particular whether it is a precedent for humanitarian intervention.

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20

Tom, Ruys. Part 1 The Cold War Era (1945–89), 8 The Indian Intervention in Goa—1961. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198784357.003.0008.

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This contribution discusses the 1961 Indian intervention in Goa. It sets out the facts and context of the crisis, the legal positions of the main protagonists (India and Portugal), and the international community’s reactions. It then tests the legality of the Indian intervention against the international legal framework governing the use of force as it stood at the time of the events. The final section examines if, and to what extent, the case has had an impact on the further development of the jus ad bellum, in particular whether it has contributed to an exception to the prohibition on the use of force for the recovery of 'pre-colonial' title.

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21

Oliver, Dörr. Part 1 The Cold War Era (1945–89), 17 Turkey’s Intervention in Cyprus—1974. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198784357.003.0017.

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This contribution discusses the 1974 intervention by Turkey in Cyprus. It sets out the facts and context of the crisis, the legal positions of the main protagonists (Turkey and Greece), and the international community’s reactions. Concerning the intervention’s legality, it examines, above all, the right to intervene under the 1960 Treaty of Guarantee and the right to self-defence. The final section analyses the intervention’s precedential value and its impact on the jus ad bellum. It is argued that the role of the territorial state’s consent to the intervention was critical in the Cyprus case, and that the case clearly demonstrates that states may effectively limit their consent by agreeing on substantial restrictions or procedural prerequisites to the use of armed force on their territory.

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22

Andrea, de Guttry. Part 1 The Cold War Era (1945–89), 27 The Iran–Iraq War—1980–88. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198784357.003.0027.

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This contribution discusses the 1980-1988 Iran-Iraq war. After presenting the facts and context of the crisis (on which the parties strongly disagreed), this chapter examines the legal positions of the main actors involved in the war (Iran and Iraq), and discusses the reaction, or lack thereof, of the international community, and specifically of the United Nations. The legality of the military operations carried out by both parties is then investigated. The final section analyses if, and to what extent, the case has had an impact on the further development and evolution of the concepts of self-defence and of preventive self-defence and comments on the limited role played by the United Nations during most part of the war.

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23

Nabil, Hajjami. Part 1 The Cold War Era (1945–89), 32 The Intervention of the United States and other Eastern Caribbean States in Grenada—1983. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198784357.003.0032.

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This chapter examines the legality of the 1983 American-led intervention in Grenada. It recalls the positions of the main protagonists of the crisis, including international organisations such as the United Nations, the Caribbean Community and the Organisation of Eastern Caribbean States. It then analyses the justifications of the American administration, which are mainly based on three different grounds: the protection of citizens abroad; the activation of regional mechanisms and the intervention by invitation. The conclusion assesses the precedential value of the Operation Urgent Fury. Regarding its wide condemnation, the chapter argues that reactions to the American-led intervention in Grenada can finally be deemed as a strong reaffirmation of the prohibition of the use of force in international law.

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24

Terry D, Gill, and Tibori-Szabó Kinga. Part 2 The Post-Cold War Era (1990–2000), 40 The Intervention in Somalia—1992–95. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198784357.003.0040.

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This chapter examines the 1992-1995 intervention of the United Nations and the United States in Somalia. It sets out the facts and context of the crisis, the positions of the main protagonists (UN, US and Somalia) as well as the reactions of third states and international organisations. The chapter then discusses several questions regarding the legality of the intervention under the jus ad bellum. It first looks at the legal basis of the intervention under Chapter VII of the UN Charter and the place of peace enforcement operations within that framework. It then analyses the types of mandates and their execution in the Somalian operations and lastly, it draws conclusions on the precedential value of the intervention for future UN collective operations.

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25

Conference on the legality of the international crimes: Tribunal Act, 1973. Dhaka: National Forum for Protection of Human Rights, 2010.

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26

Legalità penale e crisi del diritto, oggi: Un percorso interdisciplinare. Milano: Giuffrè, 2008.

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27

Ugo, Villani. Part 2 The Post-Cold War Era (1990–2000), 37 The ECOWAS Intervention in Liberia—1990–97. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198784357.003.0037.

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This contribution examines the intervention of ECOWAS in Liberia following the civil war begun at the end of 1989. After recalling the historical context of the Liberian crisis, the decisions of ECOWAS, and the establishment of the Cease-fire Monitoring Group for Liberia (ECOMOG), it considers the positions of member states of ECOWAS, of the OUA, and especially of the Security Council. Then the contribution discusses the legality of the operation of ECOMOG, according to the ECOWAS system, as well as to general international law and the United Nations Charter, particularly Article 53 relating to regional organizations. The final section examines the impact of the intervention in Liberia on the development of the ECOWAS role in the maintenance of peace and security. It concludes that such intervention confirms that both humanitarian emergencies and civil wars now constitute threats to international peace and security and shows the usefulness of integrated forms of cooperation between regional organizations and the Security Council.

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28

Croce, Mariano, and Marco Goldoni. The Legacy of Pluralism. Stanford University Press, 2020. http://dx.doi.org/10.11126/stanford/9781503612112.001.0001.

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Book Abstract: How should the state face the challenge of radical pluralism? How could constitutional orders be changed when they prove unable to regulate society? Santi Romano, Carl Schmitt, and Costantino Mortati, the leading figures of Continental legal institutionalism, provided three responses that deserve our full attention today. Mariano Croce and Marco Goldoni introduce and analyze these three towering figures for a modern audience. Romano thought pluralism to be an inherent feature of legality and envisaged a far-reaching reform of the state for it to be a platform of negotiation between autonomous normative regimes. Schmitt believed pluralism to be a dangerous deviation that should be curbed through the juridical exclusion of alternative institutional formations. Mortati held an idea of the constitution as the outcome of a basic agreement among hegemonic forces that should shape a shared form of life. The Legacy of Pluralism explores the convergences and divergences of these towering jurists to take stock of their ground-breaking analyses of the origin of the legal order and to show how these help us cope with the current crisis of national constitutional systems.

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29

Bloxham, Donald, and Devin O. Pendas. Punishment as Prevention? Edited by Donald Bloxham and A. Dirk Moses. Oxford University Press, 2012. http://dx.doi.org/10.1093/oxfordhb/9780199232116.013.0031.

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This article is divided into three roughly chronological sections, each dealing with an important stage in the chequered history of the legalist paradigm. Despite the real innovations of the nineteenth century, people take the Nuremberg trials as starting point because the legal developments of the immediate post-war period served as the crucible for most subsequent developments in international legalism. Criminal trials are intended to punish crime. Such punishment has classically been justified in one of three ways, as retribution, as a means for preventing the perpetrator from committing similar crimes again in future, and as a way of deterring other potential offenders from engaging in similar crimes themselves. In addition, trials for genocide and crimes against humanity have often been justified as forms of political and moral pedagogy. In the end, though, none of these justifications make much sense when applied to genocide.

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30

Dawn, Oliver, ed. Justice, legality, and the rule of law: Lessons from the Pitcairn prosecutions. New York: Oxford University Press, 2009.

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31

Dawn, Oliver, ed. Justice, legality, and the rule of law: Lessons from the Pitcairn prosecutions. Oxford: Oxford University Press, 2009.

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32

Justice, legality, and the rule of law: Lessons from the Pitcairn prosecutions. Oxford: Oxford University Press, 2009.

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33

Wodak, Daniel. Expressivism and Varieties of Normativity. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198805076.003.0011.

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Expressivists aim to explain the meaning of a fragment of language—typically, claims about what we morally ought to do—in terms of the non-cognitive attitudes they express. Critics evaluate expressivism on those terms. This is a mistake. We don’t use that fragment of language in isolation. We make claims about what we morally, legally, rationally, and prudentially ought to do: we relativize “ought” and other deontic modals to different standards, or varieties of normativity. This chapter argues that the standard-relativity of “ought” poses a dilemma for expressivists. If they claim that “ought” expresses different types of attitudes when it is relativized to different standards (e.g. morality and legality), they struggle to explain why “ought” is univocal when relativized. If they claim that “ought” always expresses the same type of non-cognitive attitude, they struggle to explain why “ought” claims that are relativized to different standards do not express inconsistent attitudes.

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34

Darcy, Shane. The Principle of Legality at the Crossroads of Human Rights and International Criminal Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190272654.003.0012.

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This chapter explores the treatment of the principle of legality in international criminal law, in particular the rule against ex post facto application of criminal laws, as enshrined in human rights law. It demonstrates that a broadly liberal interpretation of nullum crimen has facilitated judicial creativity and the development of international criminal law by international courts and tribunals. The chapter begins with a general discussion of the principle of legality under international law, before turning to a consideration of the treatment of the principle at Nuremberg and the ad hoc international criminal tribunals for Rwanda and the former Yugoslavia. The final section of the chapter turns to the European Court of Human Rights and examines how it has addressed the rule of non-retroactivity in the context of national prosecutions of international crimes, in particular in Kononov v. Latvia.

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35

The post-nup solution: How to save a marriage in crisis legally-or end it fairly. Chicago Review Press, 2017.

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36

Sumner, L. W. Dignity through Thick and Thin. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190675967.003.0004.

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Some critics have argued that the concept of dignity has outlived whatever usefulness it ever had, at least in bioethics. However, the concept of dignity has the annoying habit of turning up on both sides of the debate about the ethics and legality of physician-assisted death. This chapter distinguishes two conceptions of dignity: a thick one (commonly invoked by the pro side), which is derived from the experiences of patients at the end of life, and a thin one (often utilized by the anti side), which is rooted in a Kantian ethic. The chapter then provides reasons for preferring the former to the latter.

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37

Rodley, Nigel S. ‘Humanitarian Intervention’. Edited by Marc Weller. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780199673049.003.0036.

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This chapter examines whether so-called humanitarian intervention is a lawful exception to the international law prohibiting use of force when rescuing populations from widespread grave human rights violations, without UN Security Council authorization under Chapter VII. It considers what type or level of human rights violation or abuse justifies ‘humanitarian intervention’ if it were permitted, with reference to the R2P categories of genocide, ethnic cleansing, war crimes, and crimes against humanity. It discusses the UN Charter provisions and state practice on the prohibition on use of force, and criteria used to determine the legality of action deemed humanitarian intervention. The chapter describes tests that an intervention would have to pass and would be applicable to mitigate culpability, including gravity of the situation, political neutrality, the circumstances of the Security Council’s inability to act, and principles of necessity and proportionality. It argues that there is no humanitarian exception to the prohibition of the use of force in international law.

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38

William A, Schabas. Part 3 General Principles of Criminal Law: Principes Généraux Du Droit Pénal, Art.22 Nullum crimen sine lege. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198739777.003.0027.

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This chapter comments on Article 22 of the Rome Statute of the International Criminal Court. According to the ‘principle of legality’, a person may not be punished if incriminating acts, when they were committed, were not prohibited by law. The rule is one of the rare provisions set out as a non-derogable norm in all of the major human rights conventions. Article 22 is the first of three provisions dealing with issues of retroactivity. A Trial Chamber explained that ‘[r]ead together, these three provisions pertain to the substantive law, such as the crimes set out in Articles 5 to 8bis of the Statute. The principle of non-retroactivity is more applicable to matters of substance than to those of procedure’.

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39

Craig, Paul, and Gráinne de Búrca. EU Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198856641.001.0001.

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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. The seventh edition of EU Law: Text, Cases, and Materials provides clear analysis of all aspects of European law in the post Lisbon era. This edition looks in detail at the way in which the provisions of the Lisbon Treaty have worked since the Treaty became operational, especially innovations such as the hierarchy of norms, the different types of competence, and the legally binding Charter of Rights. The coming into effect of the new Treaty was overshadowed by the financial crisis, which has occupied a considerable part of the EU’s time since 2009. The EU has also had to cope with the refugee crisis, the pandemic crisis, the rule of law crisis and the Brexit crisis. There has nonetheless been considerable legislative activity in other areas, and the EU courts have given important decisions across the spectrum of EU law. The seventh edition has incorporated the changes in all these areas. The book covers all topics relating to the institutional and constitutional dimensions of the EU. In relation to EU substantive law there is detailed treatment of the four freedoms, the single market, competition, equal treatment, citizenship, state aid, and the area of freedom, security and justice. Brexit is the rationale for the decision to have a separate UK version of the book. There is no difference in the chapters between the two versions, insofar as the explication of the EU law is concerned. The difference resides in the fact that in the UK version there is an extra short section at the end of each chapter explaining how, for example, direct effect, supremacy or free movement are relevant in post-Brexit UK. Law students in the UK need to know this, law students in the EU and elsewhere do not.

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40

Craig, Paul, and Gráinne de Búrca. EU Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198859840.001.0001.

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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. The seventh edition of EU Law: Text, Cases, and Materials provides clear analysis of all aspects of European law in the post Lisbon era. This edition looks in detail at the way in which the provisions of the Lisbon Treaty have worked since the Treaty became operational, especially innovations such as the hierarchy of norms, the different types of competence, and the legally binding Charter of Rights. The coming into effect of the new Treaty was overshadowed by the financial crisis, which has occupied a considerable part of the EU’s time since 2009. The EU has also had to cope with the refugee crisis, the pandemic crisis, the rule of law crisis and the Brexit crisis. There has nonetheless been considerable legislative activity in other areas, and the EU courts have given important decisions across the spectrum of EU law. The seventh edition has incorporated the changes in all these areas. The book covers all topics relating to the institutional and constitutional dimensions of the EU. In relation to EU substantive law there is detailed treatment of the four freedoms, the single market, competition, equal treatment, citizenship, state aid, and the area of freedom, security and justice. Brexit is the rationale for the decision to have a separate UK version of the book. There is no difference in the chapters between the two versions, insofar as the explication of the EU law is concerned. The difference resides in the fact that in the UK version there is an extra short section at the end of each chapter explaining how, for example, direct effect, supremacy or free movement are relevant in post-Brexit UK. Law students in the UK need to know this, law students in the EU and elsewhere do not.

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41

Margot, Young. Part V Rights and Freedoms, B Rights and Freedoms under the Charter, Ch.37 Section 7: The Right to Life, Liberty, and Security of the Person. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780190664817.003.0037.

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Section 7 jurisprudence shows strong application of the rights to life, liberty, and security of the person to a range of state action and actors. However, courts have significantly limited the progressive potential of these rights through two doctrinal concerns: the negative/positive rights distinction and causation issues. The result is a bounded jurisprudence reflecting both the strengths and weakness of liberal legalism. In particular, claims targeting the twenty-first century crises of Canadian society—social and economic inequality, as well as environmental degradation—while meaningfully apiece with the values of life, liberty, and security of the person, are unlikely to succeed under section 7 without critical and pointed judicial movement beyond liberalism’s divide between public and private action.

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42

Reiff, Mark R. Punishment in the executive suite: Moral responsibility, causal responsibility, and financial crime. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198755661.003.0006.

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Despite the enormity of the financial losses flowing from the 2008 financial crisis and the outrageousness of the conduct that led up to it, almost no individual involved has been prosecuted for criminal conduct, much less actually gone to prison. This chapter argues that the failure to punish those in management for their role in this misconduct stems from a misunderstanding of the need to prove that they personally knew of this wrongdoing and harbored an intent to defraud. Not only would negligence be a sufficient legal and moral basis for imposing terms of imprisonment in these cases, mere causal responsibility would also be enough, for causal responsibility has embedded in it all we need to find those causally responsible morally responsible too, and once some basis for moral responsibility is established, the imposition of terms of imprisonment is both legally possible and morally just.

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43

Gosewinkel, Dieter. The Constitutional State. Edited by Heikki Pihlajamäki, Markus D. Dubber, and Mark Godfrey. Oxford University Press, 2018. http://dx.doi.org/10.1093/oxfordhb/9780198785521.013.42.

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At the turn of the nineteenth century, the constitutional state took its origin from a revolution against absolutist rule and feudal inequality. ‘Constitution’ as a revolutionary new concept of law meant as an ideal-type: written, supreme, secular law, decided by the people and regulating all public power. Constitutional monarchy was the dominant type of constitutional state in Europe throughout the nineteenth century. It was marked by a fundamental dualism between monarchical and parliamentary power, which tended towards parliamentarization and came to an end with complete constitutionalization and democratization of European states as an outcome of the First World War. While the post-war years represented the apex of European constitutionalism, the deep European crisis of the 1930s with the rise of dictatorship destroyed the core function of constitutionalism, to legally bind state power, which came to be restored only gradually after 1989 for the whole of Europe.

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44

Gravelle, Matthew, and Stefano Pagliari. Global Markets, National Toolkits. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190864576.003.0004.

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A key trend that has characterized implementation of the international agenda to regulate derivatives has been the emergence of a number of disputes over the territorial scope of regulation, as different countries have sought to extend their regulatory oversight over firms and markets that are not legally domiciled in their jurisdiction. What explains the emergence and continuation of these extraterritorial measures in the regulation of global OTC derivatives markets? This chapter addresses this question by exploring the “regulatory land grab” that has characterized the rules introduced in the United States and the European Union to regulate foreign dealers, CCPs, and trading venues. This chapter will argue that the different degrees of extraterritoriality that have emerged in the post-crisis agenda reflect the challenges that regulatory authorities have faced to implement the new prudential agenda in a manner that addresses the highly internationalized nature of derivatives markets.

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45

Albonetti, Celesta A. Sentencing of White-Collar Offenders in U.S. Federal Courts. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199935383.013.52.

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This paper begins by discussing variables influencing sentence severity imposed in white-collar cases in federal courts. Sentence outcomes imposed under indeterminate, presumptive, and advisory federal sentencing policies are discussed in terms of the effect of defendant characteristics, legally relevant case characteristics, and process-related variables on the probability of imprisonment, length of imprisonment, and probability of receiving a suspended sentence. Federal sentencing guidelines legalities are presented, with attention to white-collar crimes of larceny, embezzlement, counterfeiting, fraud and deceit, and forgery. Attention shifts to legal issues relevant to the adjudication and sentencing of white-collar offenders. The blurring of criminal and civil law in statutory law governing criminal prosecution and sentencing of white-collar offenders is dicussed. In addition, attention is given to both the offense-specific features of the federal sentencing guidelines, to mechanisms of discretion, and guideline departures, as they apply to sentencing in economic crimes.

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46

Benhabib, Seyla. Exile, Statelessness, and Migration. Princeton University Press, 2018. http://dx.doi.org/10.23943/princeton/9780691167251.001.0001.

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This book explores the intertwined lives, careers, and writings of a group of prominent Jewish intellectuals during the mid-twentieth century—in particular, Theodor Adorno, Hannah Arendt, Walter Benjamin, Isaiah Berlin, Albert Hirschman, and Judith Shklar, as well as Hans Kelsen, Emmanuel Levinas, Gershom Scholem, and Leo Strauss. Informed by their Jewish identity and experiences of being outsiders, these thinkers produced one of the most brilliant and effervescent intellectual movements of modernity. The book's starting point is that these thinkers faced migration, statelessness, and exile because of their Jewish origins, even if they did not take positions on specifically Jewish issues personally. The sense of belonging and not belonging, of being “eternally half-other,” led them to confront essential questions: What does it mean for the individual to be an equal citizen and to wish to retain one's ethnic, cultural, and religious differences, or perhaps even to rid oneself of these differences altogether in modernity? The book isolates four themes in their works: dilemmas of belonging and difference; exile, political voice, and loyalty; legality and legitimacy; and pluralism and the problem of judgment. Surveying the work of influential intellectuals, Exile, Statelessness, and Migration recovers the valuable plurality of their Jewish voices and develops their universal insights in the face of the crises of this new century.

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Pistor, Katharina. Moneys’ legal hierarchy. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198755661.003.0008.

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This chapter discusses the way in which money is legally constructed and hierarchically structured. In financial markets, participants trade different forms of money, some of which is state-issued and some privately issued. A form of money is closer to the “apex” of the system the closer it is to entities that can issue liquid means or determine acceptable forms of payment, such as central banks and governments. During financial crises, market participants close to the “apex” are systematically advantaged. Various legal devices, e.g. property rights, collateral rights, or trust law, contribute to hierarchically structuring the financial system, by granting preferential treatment to some moneys over others. As the historical development of money shows, public and private entities have been closely intertwined in its creation. These legal constructions reveal questions of justice at the very core of the financial system, with regard to both unchecked hierarchies and unjustified distributions of losses.

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MacMillan, Ken. English Law and its Expansion. Edited by Heikki Pihlajamäki, Markus D. Dubber, and Mark Godfrey. Oxford University Press, 2018. http://dx.doi.org/10.1093/oxfordhb/9780198785521.013.35.

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Early modern England was a legally pluralistic society. The laws of the Crown derived from its royal prerogative rights, which were based on Roman and common law. The Crown’s excessive use of prerogatives often came into conflict with the English Parliament and the royal courts of common law. This conflict resulted in constitutional crises throughout the seventeenth century and, ultimately, in the ‘Westminster system’ of government by 1800. Alongside the common law and its many courts operated several other brands of law, especially criminal, Roman, canon, and equity law, which were designed to adjudicate in areas where the common law proved insufficient, or when non-domestic matters were involved. These various brands of law were transported, by royal and later parliamentary authority, into the English empire. This transfer resulted in legal systems that reflected those used in England, while also respecting the unique character of individual settler societies.

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Caplan, Richard. Humanitarian Intervention. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190851163.003.0008.

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States – Western ones, at least – have given increased weight to human rights and humanitarian norms as matters of international concern, with the authorization of legally binding enforcement measures to tackle humanitarian crises under Chapter VII of the UN Charter. These concerns were also developed outside the UN Security Council framework, following Tony Blair’s Chicago speech and the contemporaneous NATO action over Kosovo. This gave rise to international commissions and resulted, among other things, in the emergence of the ‘Responsibility to Protect’ (R2P) doctrine. The adoption of this doctrine coincided with a period in which there appeared to be a general decline in mass atrocities. Yet R2P had little real effect – it cannot be shown to have caused the fall in mass atrocities, only to have echoed it. Thus, the promise of R2P and an age of humanitarianism failed to emerge, even if the way was paved for future development.

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Skinner, Quentin. Why Shylocke Loses His Case. Edited by Lorna Hutson. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199660889.013.10.

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According to many recent critics we should think of the trial scene in The Merchant of Venice as a dramatization of the rival demands of equity and the letter of the law. But this not only leads to a misunderstanding of the structure of the scene, but to a misidentification of what is at issue in the case. The scene needs to be viewed less in legal and more in rhetorical terms. The trial hinges on Shylock’s belief that his case takes the form of a constitutio iuridicalis that is absoluta. Portia is able to show that it is not a constitutio iuridicalis but a constitutio legalis. It is the success of this rhetorical move that forces Shylock to withdraw his case.

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Books on the topic 'Legality of crisis'

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