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Insider Dealing and Criminal Law

by Seredyńska, Iwona.
Authors: SpringerLink (Online service) Physical details: XVIII, 278 p. online resource. ISBN: 3642228577 Subject(s): Law. | Law. | International Economic Law, Trade Law. | International Criminal Law. | Theories of Law, Philosophy of Law, Legal History. | Public International Law. | Private International Law, International & Foreign Law, Comparative Law. | European Law.
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E-Book E-Book AUM Main Library 343.07 (Browse Shelf) Not for loan

Introduction -- Insider dealing prohibition – basic construction, economic and ethical perspectives -- Practical issues arising from the transposition of the Market Abuse Directive into the chosen Member States’ legal systems -- Principles-based application of the criminal law -- Alternative models of regulation of insider dealing -- Conclusions.

This work is a multidisciplinary analysis of the issue of insider dealing from the perspective of the applicability of criminal law to regulate it. First, it examines the nature of its prohibition in the European Union and in the United States of America. The text includes a more extensive overview of prohibition in four Member States of the European Union (France, the United Kingdom, Luxembourg and Poland). Then, it summarises the arguments presented by ethicists and economists in favour of and against insider dealing. Further, it analyses the foundations of criminal law and justifications that are given for its application. On the basis of this analysis, it presents a new two-step theory of criminalisation. The first step is based on a liberal theory of wrongfulness that makes reference to protection of the basic human rights. The second step relies on classical but often forgotten principles of criminal law. Finally, it examines possible alternatives to criminal rules.

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