In enforcing EU competition law, the Commission employs a unique doctrine of parental antitrust liability: it imposes fines on the parent company of an infringing subsidiary in cases where the parent exercises decisive influence over the subsidiary's commercial policy. Critics of this contentious aspect of EU competition law believe that the doctrine is unfair, ineffective, obscure, disproportionate, contrary to due process, and based upon a dubious, if not extremely flimsy, justificatory foundation. Such criticism raises serious and unanswered questions about the legitimacy of the Commission's efforts to enforce competition law. Parental Liability in EU Competition Law: A Legitimacy-Focused Approach is the first monograph to be dedicated to this controversial topic. Written by Professor Peter Whelan, the book contends that, although the general concept of parental liability can be justified in principle, the current EU-level doctrine of parental antitrust liability in fact suffers from a distinct and problematic lack of legitimacy. More specifically, the said doctrine displays significant deficiencies with respect to effectiveness, fairness, and legality. Given this undesirable state of affairs, Parental Liability in EU Competition Law offers a fully-rationalised, reformulated approach to parental antitrust liability for EU competition law violations that is built around the notion of parental fault. That approach provides a solid normative account of how to impose parental antitrust liability in a manner that is theoretically robust, effective in practice, fair in substance, and legally sound.
This unique collection explores the complex issue of vigilantism, how it is represented in popular culture, and what is its impact on behavior and the implications for the rule of law. The book is a transnational investigation across a range of eleven different jurisdictions, including accounts of the Anglophone world (Australia, Britain, Canada, and the United States), European experiences (Germany, Greece, Italy, Poland, and Portugal), and South American jurisdictions (Argentina and Brazil). The essays, written by prominent international scholars in law, sociology, criminology, and media studies, present data, historical and recent examples of vigilantism; examine the national Laws and jurisprudence; and focus on the broad theme of vigilante justice in popular culture (literature, films, television). Vigilante Justice in Society and Popular Culture sheds light on this topic offering a detailed look beyond the Anglophone world. This collection will enrich the debate by adding the opportunity for comparison which has been largely lacking in scholarly debate. As such, it will appeal not only to scholars of law, sociology, criminology, and media studies, but also to all those who are engaged with these topics alike.
Private-property anarchism, also known as anarchist libertarianism, individualist anarchism, and anarcho-capitalism, is a political philosophy and set of economic and legal arguments that maintains that, just as the markets and private institutions of civil society provide food, shelter, and other human needs, markets and contracts should provide law and that the rule of law itself can only be understood as a private institution.To the libertarian, the state and its police powers are not benign societal forces, but a system of conquest, authoritarianism, and occupation. But whereas limited government libertarians argue in favor of political constraints, anarchist libertarians argue that, to check government against abuse, the state itself must be replaced by a social order of self-government based on contracts. Indeed, contemporary history has shown that limited government is untenable, as it is inherently unstable and prone to corruption, being dependent on the interest-group politics of the state's current leadership. Anarchy and the Law presents the most important essays explaining, debating, and examining historical examples of stateless orders.Section I, "Theory of Private Property Anarchism," presents articles that criticize arguments for government law enforcement and discuss how the private sector can provide law. In Section II, "Debate," limited government libertarians argue with anarchist libertarians about the morality and viability of private-sector law enforcement. Section III, "History of Anarchist Thought," contains a sampling of both classic anarchist works and modern studies of the history of anarchist thought and societies. Section IV, "Historical Case Studies of Non-Government Law Enforcement," shows that the idea that markets can function without state coercion is an entirely viable concept. Anarchy and the Law is a comprehensive reader on anarchist libertarian thought that will be welcomed by students of govern
In the early 1990s the then European Community imposed for the first time a set of economic restrictions against a specific entity: the National Union for the Total Independence of Angola. Since then, the individualisation of sanctions has become entrenched, these so-called 'smart' sanctions have proliferated, their targets and scope of application have significantly expanded, and they operate in an increasingly juridified environment. This book aims to shed light on the constitutive dynamics and causes of these developments, with a focus on the juridification of individual sanctions at the European level. To this end it first revisits the phenomenon of individualisation – moving beyond the conventional narrative that individual sanctions emerged because of humanitarian and effectiveness concerns – and situates the 'smarting' of sanctions within the context of broader structural transformations characterised by the consolidation of the global neoliberal order. Second, the book explores why the role of law has been so pronounced in the European context by unearthing the connections between EU law and capitalist order building.
The 'rule of law' is more than the mere existence and application of law within the sphere of state activity. Contemporary Chinese debate on the 'rule of law' underlines the limiting of arbitrary government, the materialisation of 'human rights', legal protection of 'rights and interests' and the principle of equality in the impartial legal mediation of conflicts within society's 'structure of interests'. Based upon China interviews and a comprehensive survey of the domestic press and Chinese-language legal journal materials, this book places pre- and post-Tiananmen Square legal reform in political context. The evolving contents of specific laws across the departments of constitutional, administrative, criminal, civil and economic law are assessed in light of the politics and intellectual dynamic of China's legal circles in their struggle to create a 'rule of law'.
The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)