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The changing structures of what we would now think of as “the economy” during the Middle Ages (c. 450 – c. 1500) left deep and extensive marks on the period’s writing and storytelling. Significantly, this was due to the presence of at least two economic systems developing in parallel: an agrarian-based manorial system and a cash-based commercial system. The chance survival of texts from this period does not provide a unified vision of economics throughout England or even from every century of the medieval period. What texts do survive, however, show us that economics in the literature takes many forms beyond simply the exchange of money for goods and services, the establishment of credit and banking, and the development of complex and varied trade networks. It also appears in how a household is run, in gift-exchange, and even in the language of reckoning of sins with punishment or penance.
Elder mistreatment is common and often overlooked by health-care providers. It may include physical abuse, psychological and emotional abuse, sexual abuse, financial exploitation, and neglect. While any older adult may be susceptible, particular mitigating factors discussed in this chapter include cognitive impairment and dementia, multimorbidity, substance use, socioeconomics and culture, and social isolation. Strategies for approaching clinical cases, identifying signs and symptoms, and developing interventions are explored using illustrative cases and selected findings from the growing literature on elder mistreatment across care settings.
Breaches of competition law may incur severe sanctions in Austria. Besides heavy administrative fines and nullity of contracts contravening competition law, antitrust infringers must expect private damage action claims from customers or suppliers harmed by antitrust violation. However, only very few final decisions have been rendered in Austria’s private antitrust litigation so far. Under Austrian criminal law, cartel collusion in tendering procedures may qualify as fraud or bid-rigging. Criminal convictions may in turn lead to the withdrawal of trade licences and pose a risk for the company of being 'blacklisted' – at least temporarily – in public procurement procedures. Under exceptional circumstances, dissolution of the company may be ordered if a director has committed an offence in the course of the company’s business activities; the latter possibility only applies to limited liability companies. Under Austrian company law, a director is liable to reimburse all damages caused by not applying the standard care diligence of a prudent business manager, including the compensation of damages incurred through infringements of competition law. This liability exists towards both the company and business partners.
In September 2021, the French Cour de Cassation reversed the annulment that the Paris Cour d'appel earlier had granted in regard to an arbitral award in Alexander Brothers v Alstom on grounds of corruption. This brought French courts in line with their English counterparts, at least in that one case, the latter having accepted the Alexander Brothers award as enforceable. Noteworthy beyond the welcome consistency that the recent French judgment imparts in one case, that and other recent judgments cast light on several issues in international arbitration, including the arbitrability of allegations of fraud or corruption, the relevance of evidence of corruption ‘downstream’ from a contract, and the legal effects (if any) on third parties of internal compliance regimes that enterprises adopt in response to national regulatory and enforcement actions in respect of corruption.
As research over the past few decades, including the studies in this volume, has revealed, there is ample evidence indicating that a vibrant market economy, including highly specialized cash-crop farming, was practiced for sustained periods of time in certain parts of China from the northeastern and southeastern coasts to the Yangzi river delta and valley to the north China plain and the Shanxi plateau between the year 1000 and 1800. This chapter is concerned with the question whether the legal framework of imperial China facilitated or hindered the development of China’s market economy during this period.
Imperial China was largely an agrarian society. Alongside the widespread agricultural activity came the long and winding history of landownership that eventually saw the legal protection of private property rights in land during the Song dynasty (960–1279), which helped regulate economic activity more effectively. The law was highly relevant to the lives of the farming population, as it required the legal establishment of landownership as well as land transfers to family members and non-family members in order to sustain continuity and development in agriculture.
Acquisitive crime is a wide-ranging category in which the offender derives material gain by illegal means, usually from another person, but sometimes from organisations. The category includes shoplifting, burglary, robbery, larceny, piracy, and fraud. There are some inherent similarities in the motivations underpinning these crimes, but the differences are worthy of examination and manifest in the investigative processes of detection and prevention. As with many other types of crime, there is no simple underlying theoretical position that leads to an explanation for acquisitive, there is no one personality type associated with theft or armed robbery or piracy. This chapter examines some of the complex psychological explanations for people acquiring property and goods that do not belong to them, including evolutionary models, mental disorder, psychopathy, gender effects, cyberpsychology and individual vs social factors.
This chapter explores the strongest legal and ethical arguments in favor of, as well as against, facilitating the purchase-and-sale of golden visas and golden passports. In part one, I put forward three major arguments in defense of citizenship-for-sale transactions: taming nationality; endorsing a “commodify everything” approach; and increasing government revenue. Part two advances three lines of critique against selling membership to those with massive billfolds, without requiring them to establish any tangible connection to the new home country. Part three turns from the normative to the positive, examining which justifications and rationales have resonated best with policymakers tasked with reviewing and potentially taming, or altogether revoking, such programs: security and identity fraud; tax evasion; and a preference for real and effective links (or what I have elsewhere called “jus nexi”) over the hollow form-over-substance grant of citizenship facilitated by these programs.
In this chapter I explore how the colonial regime in Myanmar attempted to regulate the killing of animals, first in schemes to encourage the slaughter of vermin and second in regimes for limiting and controlling animal death. In both of these areas of colonial governance, fraud was an unintended consequence of imperial policies, in part because of the perverse incentives produced through giving animal death a state-sanctioned monetary value.
This chapter outlines several ways that autonomous organizations will put pressure on existing law and will perhaps require accommodations from the law in the future. In particular, legal concepts like fraud that require “intent” may become less workable as more legal action is taken by systems that lack the capacity for intent. Moreover, if perpetually autonomous organizations become more commonplace, the law will need to pay attention to the possible drift between their initial operating agreements and future states of affairs, whether because of the possibility of “hacking” or simply because general circumstances have unexpectedly changed.
Disability rights law has made issues of access and accommodations much more visible in American life. Yet a byproduct of the increased awareness of disability rights has been “fear of the disability con,” that is, the common apprehension that people are abusing the law to gain an unfair advantage. Many times, this moral panic creates an invisible, oft-overlooked barrier for people with disabilities who desire to utilize their rights. They either are refused the right altogether or give up asking for it in the first place because they are afraid of being accused of being fakers. This Article shows how fear of the disability con surfaced along the progression of the COVID-19 pandemic. It describes the schism between the ways in which people with disabilities generally fared under the pandemic and some popular perceptions regarding the “privileges” they allegedly received because of their protected legal status. Those so-called privileges include mask exemptions, vaccination priority, and permission to continue remote work. The Article concludes with lessons the COVID-19 pandemic experience can teach us about the nature and scope of the fear of the disability con.
Entering into new and developing markets often involves partnership with economically and politically powerful persons with influence in that country. These joint ventures are not without peril, however. In international investment law, a co-venturer can expose partners to issues of potential illegality, such as whether influence peddling and bribery were among the animating purposes of that partnership. This chapter explores an emerging norm that molds over-arching principles of good faith and fair dealing into a very specific requirement that foreign investors engage in a high level of “due diligence” throughout their relationship with local partners or else be denied recourse to investor-state arbitration even if the host State injures the investment in violation of international law. While it was traditionally necessary to demonstrate that the foreign investor was complicit in any illegality the local partner may have committed, recent cases seem to be moving towards a stricter regime of “due diligence” that puts much of the onus on the foreign investor to ensure that national law is complied with, and that no fraud, corruption, or other illegality exists or persists. This chapter explores the implications of that expansion.
Agents were crucial to the practice of international trade during the period covered by the book. They facilitated the import and export of goods, fixed shipping contracts, arranged insurance and conducted financial services for banks abroad. Agency patterns for goods changed and by about the middle of the nineteenth century sending goods to merchants abroad for sale on consignment was no longer as common as previously. For marketing reasons distributors of manufactured goods like motor vehicles were described as the ‘agents’ of manufacturers, but they were not true agents in law. Agents also came into their own in various parts of the world as so-called managing agents of plantations, mines and factories, and in the result became the fulcrum of powerful business groups. Through doctrines such as undisclosed principal and reasonable compliance with a principal’s instructions, and through devices such as the commission, del credere and confirming agent, the law went further in meeting commercial need. English law recognised that an agent should not always ‘drop out’ of the picture but should bear some responsibility for the underlying principal–third party contract if a transaction went wrong. The courts glossed over doctrinal difficulties to meet commercial need.
The law of the collegium of ivory and citrus-wood merchants is best known for its suspected prohibition against outsiders or non-practitioners. The present study argues that the regulation in question actually prohibits curatores from enrolling outsiders—the text curiously labels such an offense ‘fraud’. Rather than banning outsiders altogether, the law provides that only quinquennales shall have the authority to admit non-practitioners. It is still a rather unusual law, and since it conveys the impression that this collegium is wildly popular even among non-practitioners, and headed by quinquennales who excel in the virtue of orderliness, its audience and function are both scrutinized here.
US laws and regulations prohibit people from lying, deceiving, or otherwise tricking prospective and actual customers in connection with buying or selling futures and other derivatives. For example, the law considers it fraud for a person to solicit money from customers to invest in a hedge fund (i.e., commodity pool) that purportedly will trade stock index futures and then (as actually happened in one 2009 CFTC civil enforcement case) use customer money to instead buy, among other things, a collection of 1,348 rare, stuffed teddy bears for more than $3 million. This prohibition should not be surprising, as just about every financial regulatory regime outlaws fraud. This chapter has to cover more territory than some of the other parts of this book because one of the central purposes behind the regulation of financial markets is the prevention of fraud, which can take many forms.
In folklore, a will-o’-the-wisp is a supernatural ghostly floating light found in swamps and marshes that leads unfortunate travelers off safe paths and into dangerous areas. Although “spoof” orders for trades in futures contracts (and other financial instruments) are neither supernatural nor found in swamps, they are similar to will-o’-the-wisps in that spoof orders are fleeting presences intent on leading others astray. Modern futures market will-o’the-wisps, however, are often software algorithms that travel through trading platforms at superhuman speeds, and not the fiery fairy beings portrayed in legends.
Chapter 3 analyzes how forged documents and fraudulent identities emerged in Biafra, considering how they overlapped with “legitimate” forms of official practice that the war had thrown into flux. These records show how the logics, tools, and skills of the battlefield inflected confrontations in Biafra, leading some people to survive in ways that the norms of war permitted, but the law classed as “crime.”
This chapter discusses secret trusts and mutual wills which both operate under the principles of constructive trusts although there is some discussion as to their exact status. The requirements for a secret trust which are intention, communication and acceptance are all discussed in some detail as is the case law in support of each aspect. The difference between half-secret and fully secret trusts is considered in particular the timing of the communication of the intention by the secret trustee. A key aspect is the way secret trusts operate in view of the strict statutory requirements of the Wills Act 1837. The justification for secret trusts is explored and the key theories i.e. the prevention of fraud and the 'dehors' the will theory are both looked at in detail. The basis of mutual wills is also examined in detail and the reasons why the courts are prepared to regard the survivor of a couple to be bound by an agreement not to revoke his or her will after the death of the first party. Recent case law such as Olins v Walters is discussed.
Chapter 6 considers the long tail of wartime 419, using a variety of sources to understand why wartime practices of deception and subterfuge continued long after the war was over. It analyzes the ways in which 419 has been explained and concludes with a coda on the question of how "organized" Nigerian organized crime is.
The Republic of Biafra lasted for less than three years, but the war over its secession would contort Nigeria for decades to come. Samuel Fury Childs Daly examines the history of the Nigerian Civil War and its aftermath from an uncommon vantage point – the courtroom. Wartime Biafra was glutted with firearms, wracked by famine, and administered by a government that buckled under the weight of the conflict. In these dangerous conditions, many people survived by engaging in fraud, extortion, and armed violence. When the fighting ended in 1970, these survival tactics endured, even though Biafra itself disappeared from the map. Based on research using an original archive of legal records and oral histories, Daly catalogues how people navigated conditions of extreme hardship on the war front, and shows how the conditions of the Nigerian Civil War paved the way for the country's long experience of crime that was to follow.