From Ghosh Subjectivism to Ivey Objectivism: The Architectonic of the Dishonesty Test in the Context of the Post-2008 Banking Crisis and the LIBOR Trials
Abstract
Abstract This article provides a historical perspective for the analysis of the transition to an objective test of dishonesty in 2017, thereby easing the path to conviction of defendants. In particular, the 2008 banking crisis, the subsequent socio-economic crisis, and the prosecutions concerning the banking-based LIBOR scandal are employed as a critical analytical context in which to address the transition in the architectonic of the objective dishonesty test. The article states the significance of the idea of equality before the law in times of socio-economic crisis, informing the change in the law on dishonesty towards objectivity, whilst indicating the shift to a rather draconian approach to the test of dishonesty as a case of crisis jurisprudence.
Fields of Study & Subjects
Bangladesh Politics
Society
and Development
Judicial and Constitutional Studies
South Asian Studies and Diaspora
Publication details
- Journal / source
- International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique
- Volume
- 39
- Issue
- 3
- Pages
- 1095–1124
- Publication date
- 10 January 2026
- Language
- EN
- Document type
- Book chapter