Tipping the Balance

Milyaeva, Sveta

doi:10.1080/17530350.2012.762415

Cited by 6 publications

(2 citation statements)

References 23 publications

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“…This could animate debates about the meaning and creation of legal technicalities mobilized in and through statutory drafting and how they 'travel'. 30 It could also challenge arguments that techniques of statutory drafting have little bearing on law's social effects.…”

Section: Drafting As Technical Legal Expertisementioning

confidence: 99%

The crafty power of text: methods for a sociology of legislative drafting

Grabham

2022

Journal of Law and Society

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Section: Drafting As Technical Legal Expertisementioning

confidence: 99%

The crafty power of text: methods for a sociology of legislative drafting

Grabham

2022

Journal of Law and Society

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“…As Alain Pottage puts it, there is a tendency to think about technicalities as 'excrescences of ordinary language' (Pottage, 2014), which might imply that they have little to tell us about wider social dynamics. Nevertheless, studies of legal knowledges, and argumentationthe activities of producing law as lawhave increasingly animated research on financial markets (Milyaeva, 2014;Riles, 2011), private international law (Riles, 2008), scale and jurisdiction (Valverde, 2009), the use of 'spatial tactics' in criminal proceedings (Sylvestre et al, 2015), international labour rights for domestic workers (Kawar, 2014) and legal theory and Roman law (Pottage, 2014), to name just a few. These studies have uncovered the potential for following the engineering, discourse strategies and formalism of legal technicalities, and enquiring into whether and how they shape social action.…”

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confidence: 99%

Time and technique: the legal lives of the 26-week qualifying period

Grabham

2016

Economy and Society

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This paper aims to bring an appreciation of legal form, technicalities, and legislative drafting to growing interdisciplinary literatures on time and governance. Scholarship across politics, geography, science studies and anthropology continues to trace the productive force and specific qualities of diverse temporal horizons. At the same time socio-legal scholars increasingly focus on the work of making and negotiating law, engaging with the dogged, everyday work of legal experts and bureaucrats. Yet little attention has been paid, to date, to the work of legislative drafters. This paper follows the 'legal lives' of qualifying periods on family-friendly employment rights. As examples of legal technicalities that work with time, qualifying periods form an important part of the regulatory structure that separates precarious workers from 'regular' employees in UK law. Drawing on documentary research and interviews with policy experts, union activists and legislative drafters, this paper focuses on the formal qualities of qualifying periods, arguing that these legal technicalities conjure time and legal form as inextricable. Whenever law becomes relevant to conversations about time and governance, we could usefully pay attention to the idiosyncrasies and controversies occupying legal form and legislative drafting.

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Discounting collateral: quants, derivatives and the reconstruction of the ‘risk-free rate’ after the financial crisis

Spears

2019

Economy and Society

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Serving as a pledge against a future promise, collateral has traditionally been understood as a 'back office' technicality that reduces the risk of default. Yet in the wake of the 2008 financial crisis and the erosion of faith among market participants in the credit quality of large banks, collateral is playing an increasingly important epistemic role within finance, as an anchor that underpins the valuation of a growing number of financial instruments. This paper explores the increasing importance of collateral to the modelling practices used by 'quants' to value 'over-the-counter' interest rate derivatives since the 2008 financial crisis, and how the inclusion of collateral expertise into quants' own modelling practices has affected these markets. This historical episode suggests that while the inclusion of collateral expertise into banks' front office modelling practices has made banks' pricing models less abstract and more aligned to the traditionally overlooked legal practices that underpin derivatives trading, it has also led to an explosion of complexity in the valuation of these instruments that now threatens the future existence of these markets.

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Tipping the Balance

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Cited by 6 publications

References 23 publications

The crafty power of text: methods for a sociology of legislative drafting

The crafty power of text: methods for a sociology of legislative drafting

Time and technique: the legal lives of the 26-week qualifying period

Discounting collateral: quants, derivatives and the reconstruction of the ‘risk-free rate’ after the financial crisis

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