A Socio-Legal Theory of Money for the Digital Commercial Society

A Socio-Legal Theory of Money for the Digital Commercial Society

Author: Israel Cedillo Lazcano

Publisher: Bloomsbury Publishing

Published: 2024-02-22

Total Pages: 283

ISBN-13: 1509969691

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This book poses the question: do we need a new body of regulations and the constitution of new regulatory agents to face the evolution of money in the Fourth Industrial Revolution? After the Global Financial Crisis and the subsequent introduction of Distributed Ledger Technologies in monetary matters, multiple opinions claim that we are in the middle of a financial revolution that will eliminate the need for central banks and other financial institutions to form bonds of trust on our behalf. In contrast to these arguments, this book argues that we are not witnessing a revolutionary expression, but an evolutionary one that we can trace back to the very origin of money. Accordingly, the book provides academics, regulators and policy makers with a multidisciplinary analysis that includes elements such as the relevance of intellectual property rights, which are disregarded in the legal analysis of money. Furthermore, the book proposes the idea that traditional analyses on the exercise of the lex monetae ignore the role of inside monies and technological infrastructures developed and supported by the private sector, as exemplified in the evolution of the cryptoassets market and in cases such as Banco de Portugal v Waterlow & Sons. The book puts forward a proposal for the design and regulation of new payment systems and invites the reader to look beyond the dissemination of individual Distributed Ledger Technologies such as Bitcoin.


Book Synopsis A Socio-Legal Theory of Money for the Digital Commercial Society by : Israel Cedillo Lazcano

Download or read book A Socio-Legal Theory of Money for the Digital Commercial Society written by Israel Cedillo Lazcano and published by Bloomsbury Publishing. This book was released on 2024-02-22 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book poses the question: do we need a new body of regulations and the constitution of new regulatory agents to face the evolution of money in the Fourth Industrial Revolution? After the Global Financial Crisis and the subsequent introduction of Distributed Ledger Technologies in monetary matters, multiple opinions claim that we are in the middle of a financial revolution that will eliminate the need for central banks and other financial institutions to form bonds of trust on our behalf. In contrast to these arguments, this book argues that we are not witnessing a revolutionary expression, but an evolutionary one that we can trace back to the very origin of money. Accordingly, the book provides academics, regulators and policy makers with a multidisciplinary analysis that includes elements such as the relevance of intellectual property rights, which are disregarded in the legal analysis of money. Furthermore, the book proposes the idea that traditional analyses on the exercise of the lex monetae ignore the role of inside monies and technological infrastructures developed and supported by the private sector, as exemplified in the evolution of the cryptoassets market and in cases such as Banco de Portugal v Waterlow & Sons. The book puts forward a proposal for the design and regulation of new payment systems and invites the reader to look beyond the dissemination of individual Distributed Ledger Technologies such as Bitcoin.

A Socio-Legal Theory of Money for the Digital Commercial Society

A Socio-Legal Theory of Money for the Digital Commercial Society

Author: Israel Cedillo Lazcano

Publisher: Bloomsbury Publishing

Published: 2024-02-22

Total Pages: 283

ISBN-13: 1509969705

DOWNLOAD EBOOK

This book poses the question: do we need a new body of regulations and the constitution of new regulatory agents to face the evolution of money in the Fourth Industrial Revolution? After the Global Financial Crisis and the subsequent introduction of Distributed Ledger Technologies in monetary matters, multiple opinions claim that we are in the middle of a financial revolution that will eliminate the need for central banks and other financial institutions to form bonds of trust on our behalf. In contrast to these arguments, this book argues that we are not witnessing a revolutionary expression, but an evolutionary one that we can trace back to the very origin of money. Accordingly, the book provides academics, regulators and policy makers with a multidisciplinary analysis that includes elements such as the relevance of intellectual property rights, which are disregarded in the legal analysis of money. Furthermore, the book proposes the idea that traditional analyses on the exercise of the lex monetae ignore the role of inside monies and technological infrastructures developed and supported by the private sector, as exemplified in the evolution of the cryptoassets market and in cases such as Banco de Portugal v Waterlow & Sons. The book puts forward a proposal for the design and regulation of new payment systems and invites the reader to look beyond the dissemination of individual Distributed Ledger Technologies such as Bitcoin.


Book Synopsis A Socio-Legal Theory of Money for the Digital Commercial Society by : Israel Cedillo Lazcano

Download or read book A Socio-Legal Theory of Money for the Digital Commercial Society written by Israel Cedillo Lazcano and published by Bloomsbury Publishing. This book was released on 2024-02-22 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book poses the question: do we need a new body of regulations and the constitution of new regulatory agents to face the evolution of money in the Fourth Industrial Revolution? After the Global Financial Crisis and the subsequent introduction of Distributed Ledger Technologies in monetary matters, multiple opinions claim that we are in the middle of a financial revolution that will eliminate the need for central banks and other financial institutions to form bonds of trust on our behalf. In contrast to these arguments, this book argues that we are not witnessing a revolutionary expression, but an evolutionary one that we can trace back to the very origin of money. Accordingly, the book provides academics, regulators and policy makers with a multidisciplinary analysis that includes elements such as the relevance of intellectual property rights, which are disregarded in the legal analysis of money. Furthermore, the book proposes the idea that traditional analyses on the exercise of the lex monetae ignore the role of inside monies and technological infrastructures developed and supported by the private sector, as exemplified in the evolution of the cryptoassets market and in cases such as Banco de Portugal v Waterlow & Sons. The book puts forward a proposal for the design and regulation of new payment systems and invites the reader to look beyond the dissemination of individual Distributed Ledger Technologies such as Bitcoin.

Money Law, Capital, and the Changing Identity of the European Union

Money Law, Capital, and the Changing Identity of the European Union

Author: Gabriella Gimigliano

Publisher: Bloomsbury Publishing

Published: 2022-09-08

Total Pages: 269

ISBN-13: 1509956808

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This book addresses 3 questions: is money a way to create a European Union identity? If so, which type of identity is this? And in what ways is the EU identity changing? The book brings together experts from a variety of backgrounds and academic approaches to analyse the law of money and payments on the one side, and the law of capital and investments on the other. The book is divided into 2 parts. Part I covers scriptural, electronic, and digital money. It analyses the European framework for payment services users, explores limits and challenges of the Banking Union, and looks at the project for a digital euro. Part II investigates the policy and regulatory drivers of the EU's changing identity, from the early modern roots of the European law of money and capital to the regulatory strategy set in the Capital Markets Union and the role conferred on venture capital; from the fintech-based developments of payment systems to the newly-established fiscal and monetary policies in the post-COVID phase. The book will be of interest to researchers, academics and policy makers in the fields of law and regulation, as well as political economy and political sciences.


Book Synopsis Money Law, Capital, and the Changing Identity of the European Union by : Gabriella Gimigliano

Download or read book Money Law, Capital, and the Changing Identity of the European Union written by Gabriella Gimigliano and published by Bloomsbury Publishing. This book was released on 2022-09-08 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses 3 questions: is money a way to create a European Union identity? If so, which type of identity is this? And in what ways is the EU identity changing? The book brings together experts from a variety of backgrounds and academic approaches to analyse the law of money and payments on the one side, and the law of capital and investments on the other. The book is divided into 2 parts. Part I covers scriptural, electronic, and digital money. It analyses the European framework for payment services users, explores limits and challenges of the Banking Union, and looks at the project for a digital euro. Part II investigates the policy and regulatory drivers of the EU's changing identity, from the early modern roots of the European law of money and capital to the regulatory strategy set in the Capital Markets Union and the role conferred on venture capital; from the fintech-based developments of payment systems to the newly-established fiscal and monetary policies in the post-COVID phase. The book will be of interest to researchers, academics and policy makers in the fields of law and regulation, as well as political economy and political sciences.

Theory and Method in Socio-Legal Research

Theory and Method in Socio-Legal Research

Author: Reza Banakar

Publisher: Bloomsbury Publishing

Published: 2005-12-19

Total Pages: 392

ISBN-13: 1847316913

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Socio-legal researchers increasingly recognise the need to employ a wide variety of methods in studying law and legal phenomena, and the need to be informed by an understanding of debates about theory and method in mainstream social science. The papers in this volume illustrate how a range of topics, including EU law, ombudsmen, judges, lawyers, Shariah Councils and the quality assurance industry can be researched from a socio-legal perspective. The objective of the collection is to show how different methods can be used in researching law and legal phenomena, how methodological issues and debates in sociology are relevant to the study of law, and the importance of the debate between "structural" and "action" traditions in researching law. It also approaches the methodological problem of how sociology of law can address the content of legal practice from a variety of perspectives and discusses the relationship between pure and applied research. The editors provide a critical introduction to each of the six sections, and a general introduction on law, sociology and method. The collection will provide an invaluable resource for socio-legal researchers, law school researchers and postgraduates.


Book Synopsis Theory and Method in Socio-Legal Research by : Reza Banakar

Download or read book Theory and Method in Socio-Legal Research written by Reza Banakar and published by Bloomsbury Publishing. This book was released on 2005-12-19 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Socio-legal researchers increasingly recognise the need to employ a wide variety of methods in studying law and legal phenomena, and the need to be informed by an understanding of debates about theory and method in mainstream social science. The papers in this volume illustrate how a range of topics, including EU law, ombudsmen, judges, lawyers, Shariah Councils and the quality assurance industry can be researched from a socio-legal perspective. The objective of the collection is to show how different methods can be used in researching law and legal phenomena, how methodological issues and debates in sociology are relevant to the study of law, and the importance of the debate between "structural" and "action" traditions in researching law. It also approaches the methodological problem of how sociology of law can address the content of legal practice from a variety of perspectives and discusses the relationship between pure and applied research. The editors provide a critical introduction to each of the six sections, and a general introduction on law, sociology and method. The collection will provide an invaluable resource for socio-legal researchers, law school researchers and postgraduates.

Contesting Austerity

Contesting Austerity

Author: Anuscheh Farahat

Publisher: Bloomsbury Publishing

Published: 2021-07-01

Total Pages: 364

ISBN-13: 1509942823

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This book addresses the different forms of austerity, contestation and resistance, in order to understand how they relate to one another and the impact they have on the democratic quality of public debates, the trust in public institutions and the legitimacy of law. Contestation of austerity includes not only traditional activism strategies such as human rights litigation and direct democracy instruments, but also new forms of collective action and collaborative resistance. Most importantly, many of the new anti-austerity initiatives also aim to renovate existing modes of democratic decision-making on the European, national, regional and local levels. The book focuses on different types of contesting austerity measures and the interaction between institutional and civil society actors. It will enhance understanding of how the various actors frame not only their goal but also the underlying social conflict to contest austerity and through which means they try to achieve political and legal changes. With 16 chapters written by contributors from Spain, Germany, Greece, Portugal and the UK, the book approaches 3 crucial areas of austerity policies: cuts in payment and pensions, labour law reform, and old and new poverty. In each field, the contributors analyse the processes of decision-making and contestation from 3 perspectives: institutions, democratic theory and societal responses.


Book Synopsis Contesting Austerity by : Anuscheh Farahat

Download or read book Contesting Austerity written by Anuscheh Farahat and published by Bloomsbury Publishing. This book was released on 2021-07-01 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the different forms of austerity, contestation and resistance, in order to understand how they relate to one another and the impact they have on the democratic quality of public debates, the trust in public institutions and the legitimacy of law. Contestation of austerity includes not only traditional activism strategies such as human rights litigation and direct democracy instruments, but also new forms of collective action and collaborative resistance. Most importantly, many of the new anti-austerity initiatives also aim to renovate existing modes of democratic decision-making on the European, national, regional and local levels. The book focuses on different types of contesting austerity measures and the interaction between institutional and civil society actors. It will enhance understanding of how the various actors frame not only their goal but also the underlying social conflict to contest austerity and through which means they try to achieve political and legal changes. With 16 chapters written by contributors from Spain, Germany, Greece, Portugal and the UK, the book approaches 3 crucial areas of austerity policies: cuts in payment and pensions, labour law reform, and old and new poverty. In each field, the contributors analyse the processes of decision-making and contestation from 3 perspectives: institutions, democratic theory and societal responses.

Global Technology and Legal Theory

Global Technology and Legal Theory

Author: Guilherme Cintra Guimarães

Publisher: Routledge

Published: 2019-06-05

Total Pages: 214

ISBN-13: 0429594623

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The rise and spread of the Internet has accelerated the global flows of money, technology and information that are increasingly perceived as a challenge to the traditional regulatory powers of nation states and the effectiveness of their constitutions. The acceleration of these flows poses new legal and political problems to their regulation and control, as shown by recent conflicts between Google and the European Union (EU). This book investigates the transnational constitutional dimension of recent conflicts between Google and the EU in the areas of competition, taxation and human rights. More than a simple case study, it explores how the new conflicts originating from the worldwide expansion of the Internet economy are being dealt with by the institutional mechanisms available at the European level. The analysis of these conflicts exposes the tensions and contradictions between, on the one hand, legal and political systems that are limited by territory, and, on the other hand, the inherently global functioning of the Internet. The EU’s promising initiatives to extend the protection of privacy in cyberspace set the stage for a broader dialogue on constitutional problems related to the enforcement of fundamental rights and the legitimate exercise of power that are common to different legal orders of world society. Nevertheless, the different ways of dealing with the competition and fiscal aspects of the conflicts with Google also indicate the same limits that are generally attributed to the very project of European integration, showing that the constitutionalization of the economy tends to outpace the constitutionalization of politics. Providing a detailed account of the unfolding of these conflicts, and their wider consequences to the future of the Internet, this book will appeal to scholars working in EU law, international law and constitutional law, as well as those in the fields of political science and sociology.


Book Synopsis Global Technology and Legal Theory by : Guilherme Cintra Guimarães

Download or read book Global Technology and Legal Theory written by Guilherme Cintra Guimarães and published by Routledge. This book was released on 2019-06-05 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise and spread of the Internet has accelerated the global flows of money, technology and information that are increasingly perceived as a challenge to the traditional regulatory powers of nation states and the effectiveness of their constitutions. The acceleration of these flows poses new legal and political problems to their regulation and control, as shown by recent conflicts between Google and the European Union (EU). This book investigates the transnational constitutional dimension of recent conflicts between Google and the EU in the areas of competition, taxation and human rights. More than a simple case study, it explores how the new conflicts originating from the worldwide expansion of the Internet economy are being dealt with by the institutional mechanisms available at the European level. The analysis of these conflicts exposes the tensions and contradictions between, on the one hand, legal and political systems that are limited by territory, and, on the other hand, the inherently global functioning of the Internet. The EU’s promising initiatives to extend the protection of privacy in cyberspace set the stage for a broader dialogue on constitutional problems related to the enforcement of fundamental rights and the legitimate exercise of power that are common to different legal orders of world society. Nevertheless, the different ways of dealing with the competition and fiscal aspects of the conflicts with Google also indicate the same limits that are generally attributed to the very project of European integration, showing that the constitutionalization of the economy tends to outpace the constitutionalization of politics. Providing a detailed account of the unfolding of these conflicts, and their wider consequences to the future of the Internet, this book will appeal to scholars working in EU law, international law and constitutional law, as well as those in the fields of political science and sociology.

The Right to the Continuous Improvement of Living Conditions

The Right to the Continuous Improvement of Living Conditions

Author: Jessie Hohmann

Publisher: Bloomsbury Publishing

Published: 2021-10-21

Total Pages: 417

ISBN-13: 1509947841

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What does the right to the continuous improvement of living conditions in Article 11(1) of the International Covenant on Economic, Social and Cultural Rights really mean and how can it contribute to social change? The book explores how this underdeveloped right can have valuable application in response to global problems of poverty, inequality and climate destruction, through an in-depth consideration of its meaning. The book seeks to interpret and give meaning to the right as a legal standard, giving it practical value for those whose living conditions are inadequate. It locates the right within broader philosophical and political debates, whilst also assessing the challenges to its realisation. It also explores how the right relates to human rights more generally and considers its application to issues of gender, care and the rights of Indigenous peoples. The contributors deeply probe the meaning of 'living conditions', suggesting that these encompass more than the basic rights to housing, water, food, and clothing. The chapters provide a range of doctrinal, historical and philosophical engagements through grounded analysis and imaginative interpretation. With a foreword by Sandra Liebenberg (former Member of the UN Committee on Economic, Social and Cultural Rights), the book includes chapters from renowned and emerging scholars working across disciplines from around the world.


Book Synopsis The Right to the Continuous Improvement of Living Conditions by : Jessie Hohmann

Download or read book The Right to the Continuous Improvement of Living Conditions written by Jessie Hohmann and published by Bloomsbury Publishing. This book was released on 2021-10-21 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does the right to the continuous improvement of living conditions in Article 11(1) of the International Covenant on Economic, Social and Cultural Rights really mean and how can it contribute to social change? The book explores how this underdeveloped right can have valuable application in response to global problems of poverty, inequality and climate destruction, through an in-depth consideration of its meaning. The book seeks to interpret and give meaning to the right as a legal standard, giving it practical value for those whose living conditions are inadequate. It locates the right within broader philosophical and political debates, whilst also assessing the challenges to its realisation. It also explores how the right relates to human rights more generally and considers its application to issues of gender, care and the rights of Indigenous peoples. The contributors deeply probe the meaning of 'living conditions', suggesting that these encompass more than the basic rights to housing, water, food, and clothing. The chapters provide a range of doctrinal, historical and philosophical engagements through grounded analysis and imaginative interpretation. With a foreword by Sandra Liebenberg (former Member of the UN Committee on Economic, Social and Cultural Rights), the book includes chapters from renowned and emerging scholars working across disciplines from around the world.

The Rise of Digital Money

The Rise of Digital Money

Author: Mr.Tobias Adrian

Publisher: International Monetary Fund

Published: 2019-07-15

Total Pages: 20

ISBN-13: 1498324908

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This paper marks the launch of a new IMF series, Fintech Notes. Building on years of IMF staff work, it will explore pressing topics in the digital economy and be issued periodically. The series will carry work by IMF staff and will seek to provide insight into the intersection of technology and the global economy. The Rise of Digital Money analyses how technology companies are stepping up competition to large banks and credit card companies. Digital forms of money are increasingly in the wallets of consumers as well as in the minds of policymakers. Cash and bank deposits are battling with so-called e-money, electronically stored monetary value denominated in, and pegged to, a currency like the euro or the dollar. This paper identifies the benefits and risks and highlights regulatory issues that are likely to emerge with a broader adoption of stablecoins. The paper also highlights the risks associated with e-money: potential creation of new monopolies; threats to weaker currencies; concerns about consumer protection and financial stability; and the risk of fostering illegal activities, among others.


Book Synopsis The Rise of Digital Money by : Mr.Tobias Adrian

Download or read book The Rise of Digital Money written by Mr.Tobias Adrian and published by International Monetary Fund. This book was released on 2019-07-15 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper marks the launch of a new IMF series, Fintech Notes. Building on years of IMF staff work, it will explore pressing topics in the digital economy and be issued periodically. The series will carry work by IMF staff and will seek to provide insight into the intersection of technology and the global economy. The Rise of Digital Money analyses how technology companies are stepping up competition to large banks and credit card companies. Digital forms of money are increasingly in the wallets of consumers as well as in the minds of policymakers. Cash and bank deposits are battling with so-called e-money, electronically stored monetary value denominated in, and pegged to, a currency like the euro or the dollar. This paper identifies the benefits and risks and highlights regulatory issues that are likely to emerge with a broader adoption of stablecoins. The paper also highlights the risks associated with e-money: potential creation of new monopolies; threats to weaker currencies; concerns about consumer protection and financial stability; and the risk of fostering illegal activities, among others.

The Limits of Private Governance

The Limits of Private Governance

Author: Florian Grisel

Publisher: Bloomsbury Publishing

Published: 2021-10-07

Total Pages: 187

ISBN-13: 1509938141

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Social order in the fishery of Marseille -- From norms to rules -- Along came globalisation -- A battle of norms -- Law and (private) order -- Between facts and beliefs.


Book Synopsis The Limits of Private Governance by : Florian Grisel

Download or read book The Limits of Private Governance written by Florian Grisel and published by Bloomsbury Publishing. This book was released on 2021-10-07 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social order in the fishery of Marseille -- From norms to rules -- Along came globalisation -- A battle of norms -- Law and (private) order -- Between facts and beliefs.

Social Theory after the Internet

Social Theory after the Internet

Author: Ralph Schroeder

Publisher: UCL Press

Published: 2018-01-04

Total Pages: 210

ISBN-13: 1787351246

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The internet has fundamentally transformed society in the past 25 years, yet existing theories of mass or interpersonal communication do not work well in understanding a digital world. Nor has this understanding been helped by disciplinary specialization and a continual focus on the latest innovations. Ralph Schroeder takes a longer-term view, synthesizing perspectives and findings from various social science disciplines in four countries: the United States, Sweden, India and China. His comparison highlights, among other observations, that smartphones are in many respects more important than PC-based internet uses. Social Theory after the Internet focuses on everyday uses and effects of the internet, including information seeking and big data, and explains how the internet has gone beyond traditional media in, for example, enabling Donald Trump and Narendra Modi to come to power. Schroeder puts forward a sophisticated theory of the role of the internet, and how both technological and social forces shape its significance. He provides a sweeping and penetrating study, theoretically ambitious and at the same time always empirically grounded.The book will be of great interest to students and scholars of digital media and society, the internet and politics, and the social implications of big data.


Book Synopsis Social Theory after the Internet by : Ralph Schroeder

Download or read book Social Theory after the Internet written by Ralph Schroeder and published by UCL Press. This book was released on 2018-01-04 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: The internet has fundamentally transformed society in the past 25 years, yet existing theories of mass or interpersonal communication do not work well in understanding a digital world. Nor has this understanding been helped by disciplinary specialization and a continual focus on the latest innovations. Ralph Schroeder takes a longer-term view, synthesizing perspectives and findings from various social science disciplines in four countries: the United States, Sweden, India and China. His comparison highlights, among other observations, that smartphones are in many respects more important than PC-based internet uses. Social Theory after the Internet focuses on everyday uses and effects of the internet, including information seeking and big data, and explains how the internet has gone beyond traditional media in, for example, enabling Donald Trump and Narendra Modi to come to power. Schroeder puts forward a sophisticated theory of the role of the internet, and how both technological and social forces shape its significance. He provides a sweeping and penetrating study, theoretically ambitious and at the same time always empirically grounded.The book will be of great interest to students and scholars of digital media and society, the internet and politics, and the social implications of big data.