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Law is other wor(l)ds
(2022)
This paper turns to the thought of Yan Thomas to address the way of constructing categories and operating through them that is typical of law. The art of law displays a special quality: the reduction of the 'things' of the social world through the construction of categories, and the use of these same categories to conduct legal operations. The paper argues that the quintessential legal performance is instituting, and it finally asks how to exercise a legal imagination for Gaia.
In a tribute to Hon. Justice Iorhemen Hwande CFR, Chief Judge of Benue State this book includes contributions from a variety of scholars from Nigeria. 14 essays cover a wide range of topics such as: Insider Dealing by Company Directors and the Nigerian Capital Market; United Nations Conventions on the Law of the Sea as a Tool for the Resolution of Climate Change Disputes; Is a Practicing Christian Lawyer/Judge in Nigeria an Anachronism?; The Justiciability and Enforcement of Social Rights; and International Economic Law and Development.
Law and literature: that is a sufficiently broad subject to warrant reference to the Fontane character Effy Briest’s "wide field." Indeed, the sites where law and literature encounter each other, where they border on each other, merge, converge, overlap, or where they relate as opposites, even finding themselves as rivals or enemies seem legion. In contrast to the intentions of Effy Briest in that famous novel, my reference to this line is not intended to abort further inquiries; instead I want to chart the field in question with the aim of developing a preliminary typology of the ways in which law and literature have been engaged and have engaged one another. Against the background of this overview, I want to turn to a much smaller field. This small field - a plot of long fallow farmland, to be exact, located between two adjacent, perfectly maintained wheat fields in a fictive Swiss village - will serve as an example or test site for "law and literature" as they emerge in Gottfried Keller’s narrative 'Romeo und Julia auf dem Dorfe', from his mid-nineteenth century collection of novellas 'Die Leute von Seldwyla'. Whether and how the case study of that small field at the centre of Keller’s story can make a case for the larger field of "law and literature" remains to be seen.
Demographic change in industrialized nations has been a matter of common interest for some time. The financial implications of an ageing society are also increasingly discussed, particularly with regard to pension systems. The impact of this development on public finances is, however, only gradually being realized and the constitutional framework of public finances in Germany and the European Union just falls short of ignoring it entirely. This paper is a preliminary assessment of the burden of an ageing society under the fiscal law, specifically in respect of prospective entitlements to the public pension system. The first part analyses the provisions of the German constitution on finances (Finanzverfassungsrecht) to identify what rules, if any, exist addressing such (potential) expenditures, which lie in the immediate or very distant future. The second part of the paper analyses the fiscal requirements under European Union law. In the third and final part a few comments on the proposed national pact on stability and the recent moves to amend the German Federal Constitution are presented.
Based on a unique dataset of legislative changes in industrial countries, we identify events that strengthen the competition control of mergers and acquisitions, analyze their impact on banks and non-financial firms and explain the different reactions observed with specific regulatory characteristics of the banking sector. Covering nineteen countries for the period 1987 to 2004, we find that more competition-oriented merger control increases the stock prices of banks and decreases the stock prices of non-financial firms. Bank targets become more profitable and larger, while those of non-financial firms remain mostly unaffected. A major determinant of the positive bank returns is the degree of opaqueness that characterizes the institutional setup for supervisory bank merger reviews. The legal design of the supervisory control of bank mergers may therefore have important implications for real activity.