Default Invariance: Naïve Category of Law and Finance

Tanega, J. 2015. Default Invariance: Naïve Category of Law and Finance. in: O'Sullivan, P., Allington, N. and Esposito, M. (ed.) The Philosophy, Politics and Economics of Finance in the 21st Century: From Hubris to Disgrace London Routledge. pp. 175-240

Chapter titleDefault Invariance: Naïve Category of Law and Finance
AuthorsTanega, J.
EditorsO'Sullivan, P., Allington, N. and Esposito, M.
Abstract

Default invariance is the idea that default does not change at any scale of law and finance. Default is a conserved quantity in a universe where fundamental principles of law and finance operate. It exists at the micro-level as part of the fundamental structure of every financial transaction, and at the macro- level, as a fixed critical point within the relatively stable phases of the law and finance cycle. A key point is that default is equivalent to maximizing uncertainty at the micro-level and at the macro-level, is equivalent to the phase transition where unbearable fluctuations occur in all forms of risk transformation, including maturity, liquidity and credit. As such, default invariance is the glue that links the micro and macro structures of law and finance. In this essay, we apply naïve category theory (NCT), a type of mapping logic, to these types of phenomena. The purpose of using NCT is to introduce a rigorous (but simple) mathematical methodology to law and finance discourse and to show that these types of structural considerations are of prime practical importance and significance to law and finance practitioners. These mappings imply a number of novel areas of investigation. From the micro- structure, three macro-approximations are implied. These approximations form the core analytical framework which we will use to examine the phenomena and hypothesize rules governing law and finance. Our observations from these approximations are grouped into five findings. While the entirety of the five findings can be encapsulated by the three approximations, since the intended audience of this paper is the non-specialist in law, finance and category theory, for ease of access we will illustrate the use of the mappings with relatively common concepts drawn from law and finance, focusing especially on financial contracts, derivatives, Shadow Banking, credit rating agencies and credit crises.

KeywordsCategory Theory, Law, Finance, Risk, Financial Derivatives, Shadow Banking, Credit Rating Agencies, Credit Crises
Book titleThe Philosophy, Politics and Economics of Finance in the 21st Century: From Hubris to Disgrace
Page range175-240
Year2015
PublisherRoutledge
Publication dates
Published23 Apr 2015
Place of publicationLondon
ISBN9780415859011

Related outputs

The principle of legal certainty as a principle of economic efficiency
Portuese, A., Gough, O. and Tanega, J. 2017. The principle of legal certainty as a principle of economic efficiency. European Journal of Law and Economics. 44 (1), pp. 131-156. https://doi.org/10.1007/s10657-014-9435-2

US Asset-Backed Securities – Regulatory Reform, Dodd-Frank and Final Rules
Tanega, J. 2015. US Asset-Backed Securities – Regulatory Reform, Dodd-Frank and Final Rules. in: Securitisation Law, EU and US Regulations and Practice, Second Edition (online) LexisNexis.

The EU Risk Retention Regulation
Tanega, J. 2015. The EU Risk Retention Regulation. in: Securitisation Law, EU and US Regulations and Practice, Second Edition (online) LexisNexis.

Servicing Disclosures for ABS Transactions Under US and EU Law
Tanega, J. 2015. Servicing Disclosures for ABS Transactions Under US and EU Law. in: Securitisation Law, EU and US Regulations and Practice, Second Edition (online) LexisNexis.

Disclosures Of ABS Transaction Structure Under EU And US Law
Tanega, J. 2015. Disclosures Of ABS Transaction Structure Under EU And US Law. in: Securitisation Law, EU and US Regulations and Practice, 2nd ed. (online) LexisNexis.

Summary and Risks of ABS Transactions Under EU and US Law
Tanega, J. 2015. Summary and Risks of ABS Transactions Under EU and US Law. in: Summary, Liability for Mis-disclosure and Non-Disclosure of Material Information in Asset-backed securities transactions LexisNexis.

US Asset Backed Securities – Risk Symmetric Disclosures
Tanega, J. 2015. US Asset Backed Securities – Risk Symmetric Disclosures. in: Securitisation Law, EU and US Regulations and Practice, 2nd ed. (online) LexisNexis.

EU Asset Backed Securities, Compliance Checklist
Tanega, J. 2015. EU Asset Backed Securities, Compliance Checklist. in: Securitisation Law, EU and US Regulations and Practice, 2nd ed. (online) LexisNexis.

Introduction to EU Asset Backed Securities Disclosures
Tanega, J. 2015. Introduction to EU Asset Backed Securities Disclosures. in: Securitisation Law, EU and US Regulations and Practice 2nd ed. (online) LexisNexis.

Introduction to the US Definition of Asset-Backed Securities
Tanega, J. 2015. Introduction to the US Definition of Asset-Backed Securities. in: Securitisation Law: EU and US Regulations and Practice (2nd edition) LexisNexis.

Money Market Funds Outside the EU and the US
Tanega, J. and Baklanova, V. 2014. Money Market Funds Outside the EU and the US. in: Tanega, J. and Baklanova, V. (ed.) Money Market Funds in the EU and the US: Regulation and Practice Oxford, Oxon Oxford University Press. pp. 253-287

Comparative analysis of the US and the EU Regulatory Models for Money Market Funds
Tanega, J. and Baklanova, V. 2014. Comparative analysis of the US and the EU Regulatory Models for Money Market Funds. in: Tanega, J. and Baklanova, V. (ed.) Money Market Funds in the EU and the US: Regulation and Practice Oxford, Oxon Oxford University Press. pp. 187-216

Introduction
Tanega, J. and Curtin, E. 2014. Introduction. in: Tanega, J. and Baklanova, V. (ed.) Money Market Funds in the EU and the US: Regulation and Practice Oxford, Oxon Oxford University Press. pp. 1-28

Preface
Tanega, J. 2014. Preface. in: Tanega, J. and Baklanova, V. (ed.) Money Market Funds in the EU and the US: Regulation and Practice Oxford, Oxon Oxford University Press. pp. ix-xi

European money market funds: a comparative analysis of US and European de facto and de jure micro-processes
Tanega, J. and Baklanova, V. 2013. European money market funds: a comparative analysis of US and European de facto and de jure micro-processes. Columbia Journal of European Law. 19 (2), pp. 175-224.

Exchange traded funds: EU and US analysis and recommendations for market development based on information symmetry and arbitrage
Tanega, J. and Baklanova, V. 2012. Exchange traded funds: EU and US analysis and recommendations for market development based on information symmetry and arbitrage. Capital Markets Law Journal. 7 (4), pp. 440-454. https://doi.org/10.1093/cmlj/kms038

Basel III: dehybridisation of capital
Baltali, C. and Tanega, J. 2011. Basel III: dehybridisation of capital. NYU Journal of Law and Business. 8 (1), pp. 1-75.

Islamic money management: a western view
Arakcheev, A., Baklanova, V. and Tanega, J. 2011. Islamic money management: a western view. Capital Markets Law Journal. 6 (2), pp. 238-252. https://doi.org/10.1093/cmlj/kmq032

Sukuk structure and its regulatory environment in the Kingdom of Saudi Arabia
Al Elsheikh, A.A. and Tanega, J. 2011. Sukuk structure and its regulatory environment in the Kingdom of Saudi Arabia. Law and Financial Markets Review. 5 (3), pp. 183-200.

Asset protection trusts: a legal and economic analysis of competing regulatory frameworks
Mitkute, G. and Tanega, J. 2011. Asset protection trusts: a legal and economic analysis of competing regulatory frameworks. Law and Financial Markets Review. 5 (1), pp. 46-61. https://doi.org/10.5235/175214411794390002

Credit crisis solutions: risk symmetric criteria for the reconstruction of socially fair asset-backed securities
Tanega, J. 2010. Credit crisis solutions: risk symmetric criteria for the reconstruction of socially fair asset-backed securities. in: MacNeil, I.G. and O'Brien, J. (ed.) The future of financial regulation Hart. pp. 227-251

Securitisation law: EU and US disclosure regulations
Tanega, J. 2009. Securitisation law: EU and US disclosure regulations. LexisNexis Butterworths.

Credit crisis solutions:  risk symmetric criteria for the re-construction of socially fair asset-backed securities
Tanega, J. 2009. Credit crisis solutions:  risk symmetric criteria for the re-construction of socially fair asset-backed securities. Future of Financial Regulation Conference. University of Glasgow, School of Law 30 - 31 May 2009

Some principles of disclosure for asset backed securities under the EU Prospectus Regulation 2004
Tanega, J. 2008. Some principles of disclosure for asset backed securities under the EU Prospectus Regulation 2004. The Journal of International Banking Law and Regulations. 3 (6), pp. 294-301.

Islamic finance structures and regulations
Tanega, J. 2008. Islamic finance structures and regulations. The Legal & Strategic Guide to Structuring Shariah Compliant Financial Instruments. Millennium Knightsbridge Hotel, London 07 Jul 2008

Investor rights to ever increasingly complex financial instruments under US and EU securities regulations: a risk symmetric approach
Tanega, J. 2008. Investor rights to ever increasingly complex financial instruments under US and EU securities regulations: a risk symmetric approach. Rights Discourse Conference. Onati Institute 15 - 16 May 2008

Asset-backed securities home-host disclosure rules under US and EU securities law: how to avoid races to the bottom
Tanega, J. 2008. Asset-backed securities home-host disclosure rules under US and EU securities law: how to avoid races to the bottom. Butterworths Journal of International Banking and Financial Law. 23 (8), pp. 405-411.

Details relating to ABS are to be found in archive
Tanega, J. 2007. Details relating to ABS are to be found in archive. Financial Times.

Yukos risk: the double edge sword, a case note on international bankruptcy litigation and the transactional limits of corporate governance
Gololobov, D. and Tanega, J. 2007. Yukos risk: the double edge sword, a case note on international bankruptcy litigation and the transactional limits of corporate governance. NYU Journal of Law and Business. 3 (2), pp. 557-648.

Securitisation disclosures and compliance under Basel II: part II - applications of the risk symmetry principle to economic substance over legal form
Tanega, J. 2006. Securitisation disclosures and compliance under Basel II: part II - applications of the risk symmetry principle to economic substance over legal form. Journal of International Banking Law and Regulation. 21 (1), pp. 1-11.

Private equity placements: comparing the laws in Switzerland, the European Union, the United Kingdom and the United States: part II
Speck, B.D. and Tanega, J. 2006. Private equity placements: comparing the laws in Switzerland, the European Union, the United Kingdom and the United States: part II. Journal of International Banking Law and Regulation. 21 (5), pp. 252-265.

Private equity placements: comparing the laws in Switzerland, the European Union, the United Kingdom and the United States: part I
Speck, B.D. and Tanega, J. 2006. Private equity placements: comparing the laws in Switzerland, the European Union, the United Kingdom and the United States: part I. Journal of International Banking Law and Regulation. 21 (4), pp. 213-226.

Sham SPEs, part II: the regulatory gaps of international accounting standards concerning the consolidation of special purpose entities
Tanega, J. and Gololobov, D. 2006. Sham SPEs, part II: the regulatory gaps of international accounting standards concerning the consolidation of special purpose entities. International Company and Commercial Law Review. 17 (12), pp. 369-380.

Sham SPEs, part I: the legal issues of international accounting standards on the consolidation of special purpose entities
Tanega, J. and Gololobov, D. 2006. Sham SPEs, part I: the legal issues of international accounting standards on the consolidation of special purpose entities. International Company and Commercial Law Review. 17 (11), pp. 304-317.

Sarbanes Oxley financial crimes: on legal risk, potential liability and employee protection
Tanega, J. 2006. Sarbanes Oxley financial crimes: on legal risk, potential liability and employee protection. in: Bantekas, I. and Keramidas, G. (ed.) International and European financial criminal law London, UK LexisNexis Butterworths. pp. 154-179

CDOs under siege part II: IAS derecognition and Basel II
Glukhovskoy, K. and Tanega, J. 2006. CDOs under siege part II: IAS derecognition and Basel II. Journal of International Banking Law and Regulation. 21 (12), pp. 689-707.

CDOs under siege part I: compliance under the IAS and Basel II
Glukhovskoy, K. and Tanega, J. 2006. CDOs under siege part I: compliance under the IAS and Basel II. Journal of International Banking Law and Regulation. 21 (11), pp. 652-668.

Securitisation disclosures and compliance under Basel II: Part 1: a risk-based approach to economic substance over legal form
Tanega, J. 2005. Securitisation disclosures and compliance under Basel II: Part 1: a risk-based approach to economic substance over legal form. Journal of International Banking Law and Regulation. 20 (12), pp. 617-632.

Sarbanes-Oxley: employee liability and protection
Tanega, J. and Speck, B.D. 2005. Sarbanes-Oxley: employee liability and protection. International Company and Commercial Law Review. 16 (12), pp. 468-478.

Sarbanes-Oxley litigation: employee liability and protection
Tanega, J. 2005. Sarbanes-Oxley litigation: employee liability and protection. International Company and Commercial Law Review. 16 (5), pp. 204-209.

Basel II: principles of avoiding regulatory failure
Tanega, J. 2005. Basel II: principles of avoiding regulatory failure. in: Motamen-Samadian, S. (ed.) Governance and risk in emerging and global markets Basingstoke, UK Palgrave Macmillan.

The emergence of enterprise wide risk management as a discipline, trends and expectations
Tanega, J. 2003. The emergence of enterprise wide risk management as a discipline, trends and expectations. IACON. London, UK 2003

The emergence of enterprise risk management systems: case study of global investment bank with Sarbanes Oxley and Operational Risk Quantification
Tanega, J. 2003. The emergence of enterprise risk management systems: case study of global investment bank with Sarbanes Oxley and Operational Risk Quantification. Risk Management Congress. Harrigton Hall, London, UK 2003

Permalink - https://westminsterresearch.westminster.ac.uk/item/9y061/default-invariance-na-ve-category-of-law-and-finance


Share this

Usage statistics

124 total views
0 total downloads
These values cover views and downloads from WestminsterResearch and are for the period from September 2nd 2018, when this repository was created.