scholarly journals Comparative Genealogies of “Contract and Society”

2020 ◽  
Vol 21 (7) ◽  
pp. 1393-1410
Author(s):  
Klaas Hendrik Eller
Keyword(s):  
Critical Theory ◽  
Empirical Work ◽  
German Law ◽  
German Idealism ◽  
Contract Law ◽  
Legal Order ◽  
Path Dependencies ◽  
Basic Institution ◽  
Private Autonomy ◽  
The Uk

AbstractSince contracts form a basic institution of every legal order, the interdisciplinary orientation of concepts of contracts reveals socio-legal inclinations of a legal order more broadly. Contrasting the UK and US Common Law of contracts with developments under German law, this Article examines the relation between normative and social science approaches, notably rooted in economics, economic sociology, and social theory in the genealogy of contract law. A shared leitmotif over the 20th century has been the drive to account for the societal embeddedness of contract. However, conceptualizations of “Contract and Society” differ considerably between legal orders in their disciplinary ingredients and design. In the US, and to a lesser extent also in the UK, the rather continuous reception of legal realism has paved the way for broad interdisciplinary perspectives on contract law, ranging from classical socio-legal, empirical work (e.g., Macaulay), economics (e.g., Williamson), sociology (e.g., Powell), and critical theory (e.g., Kennedy) to today’s landscape, where essentially instrumental and ideal-normative theories compete. Alternatively, in Germany, where the realist heritage was more ephemeral, the transformations of contract law were processed from within legal discourse and foremost in their effects on private autonomy as conceptualized, for example, in German idealism, discourse theory and critical theory. Similarly, the “constitutionalization” of contract law—even if championed for fostering private law’s reflexivity—has, for the most part, defied a socio-legal orientation. Finally, the Article highlights the path dependencies with which these different starting points translate in current debates around the role of contract in transnational governance.

Critical International Theory

2018 ◽  
Author(s):  
Richard Devetak
Keyword(s):  
Critical Theory ◽  
International Relations ◽  
Intellectual History ◽  
Historical Materialism ◽  
Frankfurt School ◽  
German Idealism ◽  
Social Philosophy ◽  
International Theory ◽  
The Impact ◽  
Civil Government

Whether inspired by the Frankfurt School or Antonio Gramsci, the impact of critical theory on the study of international relations has grown considerably since its advent in the early 1980s. This book offers the first intellectual history of critical international theory. Richard Devetak approaches this history by locating its emergence in the rising prestige of theory and the theoretical persona. As theory’s prestige rose in the discipline of international relations it opened the way for normative and metatheoretical reconsiderations of the discipline and the world. The book traces the lines of intellectual inheritance through the Frankfurt School to the Enlightenment, German idealism, and historical materialism, to reveal the construction of a particular kind of intellectual persona: the critical international theorist who has mastered reflexive, dialectical forms of social philosophy. In addition to the extensive treatment of critical theory’s reception and development in international relations, the book recovers a rival form of theory that originates outside the usual inheritance of critical international theory in Renaissance humanism and the civil Enlightenment. This historical mode of theorising was intended to combat metaphysical encroachments on politics and international relations and to prioritise the mundane demands of civil government over the self-reflective demands of dialectical social philosophies. By proposing contextualist intellectual history as a form of critical theory, Critical International Theory: An Intellectual History defends a mode of historical critique that refuses the normative temptations to project present conceptions onto an alien past, and to abstract from the offices of civil government.

“That's not how I see it”: female and male perspectives on the academic role

2007 ◽  
Vol 22 (6) ◽  
pp. 497-515 ◽  
Author(s):  
Sue Shaw ◽  
Catherine Cassell
Keyword(s):  
Gender Differences ◽  
Business School ◽  
Design Methodology ◽  
Business Schools ◽  
School Context ◽  
Empirical Work ◽  
Original Data ◽  
Content Type ◽  
Academic Role ◽  
The Uk

PurposeThe purpose of this paper is to provide a piece of empirical work that examines gender differences in how academics make sense of performance within university business schools in the UK.Design/methodology/approachThe research reported draws on data collected using a life history and repertory grid methodology with male and female interviewees from two university business schools.FindingsThe findings are discussed in relation to how academics understand what is valued about their role and what they believe the organisation rewards and values when it comes to promotion. Gender differences are shown to exist in the ways women and men define the academic role and in what they think is important both to themselves and the institution.Originality/valueThe paper presents original data on gender differences within a business school context.

scholarly journals Law Part of the Framework for Accountability in Policy Interpretation and Practice

2017 ◽  
Vol 5 (1) ◽  
pp. 91
Author(s):  
Vanessa Abbasi ◽  
Karolina Marzieh
Keyword(s):  
Welfare Policy ◽  
Empirical Work ◽  
Work Practice ◽  
Legal Framework ◽  
Social Work Practice ◽  
European Convention ◽  
Ethical Practice ◽  
Academic Environments ◽  
Policy Interpretation ◽  
The Uk

Law can increasingly be seen as part of the framework for accountability in policy interpretation and practice. This is reflected in important judgments in the UK and European context, where courts have been proactive in challenging restrictive interpretations by agencies of their legal duties, or even by parliament in law-making that is incompatible with the European Convention on Human Rights and Fundamental Freedoms. Without attention to the practice environment for legal and ethical practice, the role of law in welfare reform will be compromised, however robust the legal framework. Subsequently, empirical work has explored how social workers learn about the law, in both practice and academic environments, and how they use that learning. This paper considers the complex relationships between law, welfare policy and social work practice, to address the question of what role legal frameworks might play in achieving welfare policy and professional practice goals. These debates illustrate is the essentially contested nature of the relationship between law and practice and the delicate balance between law and ethics within a framework for professional accountability. It is hardly surprising, perhaps, that law is often seen by practitioners as alien and hostile territory.

Work, Money and Duality

2021 ◽  
Author(s):  
Raven Bowen
Keyword(s):  
Sex Work ◽  
Sex Workers ◽  
Empirical Work ◽  
The Uk

This valuable exploration of work duality calls for recognition of the experiences of sex workers, addressing race, culture and sex work in the UK against the backdrop of Brexit. Based on extensive empirical work, it illustrates accounts of individuals who take extraordinary risks to hold jobs in both sex industries and non-sex work employment.

5. The Internationalization of Public Law and its Impact on the UK

2019 ◽  
pp. 121-154
Author(s):  
David Feldman
Keyword(s):  
Public Law ◽  
Legal Order ◽  
Democratic Accountability ◽  
The Public ◽  
Legal Standards ◽  
System A ◽  
National Values ◽  
Political Theories ◽  
The World ◽  
The Uk

Municipal public law (by which is meant the public law of national or sub-national polities, including but not limited to local government) is always influenced by events taking place elsewhere in the world and the activities and norms of other polities. For example, the existence of a state depends at least partly on its recognition by other states, and political theories and legal ideas have always flowed across and between regions of the world even if they provoked opposition rather than adoption or adaptation. Yet despite, or perhaps because of, this, any state has good reasons for controlling the introduction of foreign legal and constitutional norms to its own legal order. It is important to check that the norms are compatible with one’s own national values and interests before allowing them to operate within one’s own system. A state which values a commitment to the rule of law, human rights, or democratic accountability is entitled to place national controls over potentially disruptive foreign influences. This chapter considers the nature and legitimacy of those national controls, particularly as they apply in the UK, in the light of general public law standards, bearing in mind that influences operate in both directions, not only between states but also between municipal legal standards and public international law.

6. The relationship between EU and national law

2020 ◽  
pp. 154-178
Author(s):  
Sylvia de Mars
Keyword(s):  
National Court ◽  
Legal Order ◽  
Eu Law ◽  
The European Union ◽  
Eu Membership ◽  
Parliamentary Sovereignty ◽  
Domestic Courts ◽  
The Uk ◽  
The Impact ◽  
The Relationship

This chapter focuses on the relationship between EU law and national law. It first explores the jurisprudence on what is known as the doctrine of supremacy of EU law of the Court of Justice of the European Union (CJEU). When a national court observes that a national law clashes with an EU law, they must set aside that national law. The EU legal order would not work without a doctrine like supremacy: not only would domestic courts not be compelled to apply EU law instead of conflicting national law, but it is likely that different domestic courts would take different decisions as to whether to apply EU law over national law in a given scenario. The chapter then considers how supremacy has been received in Germany and the UK, looking at how the German and UK legal orders interact with EU law. It then addresses whether ‘parliamentary sovereignty’ is compatible with EU membership, and examines the impact of Brexit on the supremacy of EU law.

2. Sources of Law I: Domestic Legislation

2017 ◽  
Author(s):  
Mark Thomas ◽  
Claire McGourlay
Keyword(s):  
Criminal Law ◽  
Contract Law ◽  
Regulatory Agencies ◽  
House Of Commons ◽  
Local Authorities ◽  
Essential Information ◽  
Implementing Change ◽  
House Of Lords ◽  
Domestic Legislation ◽  
The Uk

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This chapter examines domestic legislation. Domestic legislation is created by Parliament, which consists of the House of Commons, the House of Lords, and the Monarch. It is divided into primary legislation and secondary legislation. Primary legislation takes the form of ‘Acts of Parliament’, commonly referred to as ‘statutes’. Statutes can cover a vast variety of laws from criminal law, land law, contract law, and many others. Meanwhile, secondary legislation — also known as delegated legislation or subordinate legislation — is the most common instrument for implementing change within the UK. Parliament has neither the time, the resources, nor the expertise to deal with certain matters. It is for these reasons that the majority of legislation is made outside of Parliament. Accordingly, Parliament may delegate such powers, through an Act of Parliament to other bodies and institutions to implement. Such bodies often include the Privy Council, government ministers, local authorities, and other regulatory agencies.

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