Je ekonomická krize krizí práva nebo právní politiky?
| Title in English | Is the economic crisis a crisis of law or of legal policy, too? |
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| Authors | |
| Year of publication | 2009 |
| Type | Article in Proceedings |
| Conference | Historie obchodněprávních institutů |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | Private law as a tool of the egoism and its public law limitations; impact of the economic crisis on legal regulation; law and non-legal regulation |
| Description | Criticism of a state-organized and rescue-aimed intervencionism as a reply to the abuse of private law and to the distortion of its public law limits. Danger of "structure cartels" and of "weekend - mergers". Position "too big to fail" must not prevent curative state intervention. "Too big to fail" means "too big to stay", simultaneously. Economic crisis cannot surmount to a crisis of legal dispassionate reasonableness. The role of non-legal incentives and elements of decision-making that protects the deleterious mutation of an opportunism of a judge (in term of "mother" of his/her wisdom)into a "father" of his/her arbitrariness. |
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