Rosa M. Lastra
E. Philip Davis and Rosa M. Lastra
The legal, policy and economic issues associated with pension provision, lifetime financial sustainability, and care and dignity in old age and their implications for home life are fundamental challenges for the future of our society. Pension provision is in crisis and this chapter highlights the crucial policy choices and regulatory challenges. It considers the importance of the ‘nuclear family’ and the ‘extended family’ in the provision of care, from child care to old-age care. The home, supported by the wider society, is the natural environment in which such provision is best anchored. An adequate legal and regulatory framework for pensions needs to balance a number of competing interests, bearing in mind the implications in terms of intergenerational debt of the financing of care and income in old age, and the broader social-justice considerations in the design of pension schemes that safeguard dignity in old age in a market economy.
Rosa M. Lastra and Rodrigo Olivares-Caminal
Edited by Peter Conti-Brown and Rosa M. Lastra
Rosa M. Lastra and Marcelo J. Sheppard
This chapter analyses the ethical foundations of financial law focusing on legal and philosophical considerations. After the Great Financial Crisis one of the relevant issues that has emerged in the design of financial regulation is the question of the telos or end of financial law. Drawing on the Aristotelian tradition and the notion of the common good, we identify the principles of justice, prudence (underlying both macro and micro supervision) and integrity (underlying conduct of business regulation) as key foundations of the new regulatory framework, one in which the interests of bankers and financial market participants (in particular, those in senior management) are realigned with the interests of society.