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Circumventing the Law

Circumventing the Law
Author: Elana Stein Hain
Publisher: University of Pennsylvania Press
Total Pages: 241
Release: 2024-01-20
Genre: History
ISBN: 1512824410

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Circumventing the Law probes the rabbinic logic behind the use of loopholes, the legal phenomenon of finding and using gaps within law to achieve otherwise illegal outcomes. The logic of ha’aramah, a subset of rabbinic legal circumventions mostly defined as a tool for private life, underpins both well-known circumventions, such as selling leaven before Passover, and lesser-known mechanisms, such as designating an animal intended for sacrifice “blemished” before birth to allow it to be slaughtered for food instead. Elana Stein Hain traces the development of these loopholes over time, revealing that rabbinic literature does not consistently accept or reject loopholes. Instead, rabbinic Judaism applies categories of evasion (prohibited), avoidance (permitted), and avoision (contested) to loopholes on a case-by-case basis. The intended outcome of a given loophole determines its classification, as does the legal integrity of the circumventive process in question. Yet these understandings of loopholes are not static—instead, rabbinic attitudes toward loopholing change over time. Early works display an objective, performative understanding of the self and of intention, but evolve over time to reflect more subjective and intimate understanding of the self and intention. This evolution redefines what legal integrity means in Jewish legal philosophy. Circumventing the Law brings readers through the Second Temple period to the modern era to see how loopholing has evolved over millennia. With a focus on late antiquity, Stein Hain explores tannaitic literature, the Palestinian Talmud, and contemporaneous Greco-Roman and Persian thought to show that when warranted, Jewish rhetoric and philosophy around understandings of loopholes was a unique phenomenon that relied on changes in understanding the definition of integrity itself, a key finding for scholars of Jewish Studies and of religious and of secular law writ large.


Methods of Money Laundering

Methods of Money Laundering
Author: Fabian Teichmann
Publisher: Kluwer Law International B.V.
Total Pages: 253
Release: 2021-10-08
Genre: Law
ISBN: 9403537434

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How exactly is money laundered? The answer to this question is not well understood – and for this very reason, costly prevention measures remain ineffective. This much-needed book provides the first in-depth explanation of the methods used by intelligent criminals to amass wealth from large-scale trafficking in drugs, arms, and human beings, as well as from less odious crimes. The author shows clearly not only why existing approaches to combat money laundering are bound to fail but also how money launderers easily circumvent such measures. Based on qualitative interviews with both alleged criminals and prevention experts, detailed illustrations of concrete steps taken by intelligent and specialized perpetrators of money laundering allow practitioners to anticipate and effectively combat this type of crime. The author fully documents such aspects of money launderers’ behaviour as the following: resources required; dealing with detection risks; and international mobility. A central chapter covers in depth the various markets, institutions, and facilities that are particularly favourable to money laundering, and original insights accompany the presented findings with relevant quotations from the interviewees. The author offers tailored recommendations for different professional groups, including bankers, prosecutors, defence lawyers, and judges. In its critical questioning of the logic behind anti-money laundering regulations and their costly implementation, the book demonstrates that either the existing measures of prevention are drastically tightened and extended to almost all branches of the economy or the financial sector is relieved of the burden it bears and alternative ways of fighting this type of crime are sought instead. It will prove enormously valuable to understanding and investigating white-collar and financial crime, and be welcomed by practitioners and professionals in financial markets, banking, criminal lawyers, and compliance experts, as well as academia.


North Carolina Criminal Law 2021

North Carolina Criminal Law 2021
Author: Peter Edwards, Esq.
Publisher: Peter Edwards, Esq.
Total Pages: 460
Release: 2021-03-15
Genre: Law
ISBN:

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This 2021 edition of the North Carolina Criminal Law, Chapter 14 of the General Statutes, provides the practitioner with a convenient copy to bring to court or the office. Look for other titles such as North Carolina Legal Rules of Civil Procedure and Rules of Evidence.


The International Law on Foreign Investment

The International Law on Foreign Investment
Author: M. Sornarajah
Publisher: Cambridge University Press
Total Pages: 555
Release: 2010-05-06
Genre: Law
ISBN: 0521763274

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This book is a thought-provoking and authoritative text on this fast moving field of international law.


Engaging Privacy and Information Technology in a Digital Age

Engaging Privacy and Information Technology in a Digital Age
Author: National Research Council
Publisher: National Academies Press
Total Pages: 450
Release: 2007-06-28
Genre: Computers
ISBN: 0309134005

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Privacy is a growing concern in the United States and around the world. The spread of the Internet and the seemingly boundaryless options for collecting, saving, sharing, and comparing information trigger consumer worries. Online practices of business and government agencies may present new ways to compromise privacy, and e-commerce and technologies that make a wide range of personal information available to anyone with a Web browser only begin to hint at the possibilities for inappropriate or unwarranted intrusion into our personal lives. Engaging Privacy and Information Technology in a Digital Age presents a comprehensive and multidisciplinary examination of privacy in the information age. It explores such important concepts as how the threats to privacy evolving, how can privacy be protected and how society can balance the interests of individuals, businesses and government in ways that promote privacy reasonably and effectively? This book seeks to raise awareness of the web of connectedness among the actions one takes and the privacy policies that are enacted, and provides a variety of tools and concepts with which debates over privacy can be more fruitfully engaged. Engaging Privacy and Information Technology in a Digital Age focuses on three major components affecting notions, perceptions, and expectations of privacy: technological change, societal shifts, and circumstantial discontinuities. This book will be of special interest to anyone interested in understanding why privacy issues are often so intractable.


Justice, Law and Culture

Justice, Law and Culture
Author: J.K. Feibleman
Publisher: Springer Science & Business Media
Total Pages: 208
Release: 2012-12-06
Genre: Philosophy
ISBN: 9401094497

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The following pages contain a theory of justice and a theory of law. Justice will be defined as the demand for a system of laws, and law as an established regulation which applies equally throughout a society and is backed by force. The demand for a system of laws is met by means of a legal system. The theory will have to include what the system and the laws are in tended to regulate. The reference is to all men and their possessions in a going concern. In the past all such theories have been discussed only in terms of society, justice as applicable to society and the laws promul gated within it. However, men and their societies are not the whole story: in recent centuries artifacts have played an increasingly important role. To leave them out of all consideration in the theory would be to leave the theory itself incomplete and even distorted. For the key conception ought to be one not of society but of culture. Society is an organization of men but culture is something more. I define culture (civilization has often been employed as a synonym) as an organization of men together with their material possessions. Such possessions consist in artifacts: material objects which have been altered through human agency in order to reduce human needs. The makers of the artifacts are altered by them. Men have their possessions together, and this objectifies and consolidates the culture.


Agamben and Law

Agamben and Law
Author: Thanos Zartaloudis
Publisher: Routledge
Total Pages: 553
Release: 2017-07-05
Genre: History
ISBN: 1351577271

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This collection of articles brings together a selection of previously published work on Agamben‘s thought in relation to law and gathered from within the legal field and theory in particular. The volume offers an exemplary range of varied readings, reflections and approaches which are of interest to readers, students and researchers of Agamben‘s law-related work.


Poole's Textbook on Contract Law

Poole's Textbook on Contract Law
Author: Robert M. Merkin
Publisher: Oxford University Press
Total Pages: 697
Release: 2021
Genre: Contracts
ISBN: 0198869991

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The book is simple to navigate, pulling all key case law together into one easy-to-use volume which students can work through systematically or use to reference specific cases. An introductory chapter provides valuable guidance on how to read and understand case law, developing essential academic and practical skills. Thought-provoking questions are posed throughout to develop an in-depth understanding of the subject through critical engagement.


Deciding Communication Law

Deciding Communication Law
Author: Susan Dente Ross
Publisher: Routledge
Total Pages: 1050
Release: 2004-05-20
Genre: Language Arts & Disciplines
ISBN: 1135620148

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This clearly written and well-focused volume combines concise decisions of the primary areas of communication law with the foundational case decisions in those domains. Thus, in one volume, students of communication law, constitutional law, political science, and related fields find both the key rulings that define each area of law and a detailed summary of the legal concepts, doctrines, and policies so vital to understanding the rulings within their legal context. The text forgoes the tendency to provide encyclopedic treatment of all the relevant cases and focuses instead on the two or three cases most vital to an accurate and informed understanding of the current state of each field of communication law. The chapters provide readers with the most salient concepts and the necessary depth to understand the law while permitting most reading time to be directed to the law itself. Full-text rulings allow readers to immerse themselves in the law itself--to develop a feel for its complexity, its flexibility, and its language. Useful as a quick reference to the landmark rulings and the jurisprudence of communication law, this book also serves well as the primary text in related undergraduate courses or as a supplemental text in graduate classes in the field.