Ch.11 Plurality of obligors and of obligees, s.1: Plurality of Obligors, Art.11.1.4

2015 ◽  
Author(s):  
Meier Sonja
Keyword(s):  
The Other ◽  
The Common ◽  
The Right ◽  
The Relationship

This commentary analyses Article 11.1.4 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the effects of defences on the relationship between the obligee and the obligors. Under Art 11.1.4, a joint and several obligor against whom a claim is made by the obligee may assert all the defences and rights of set-off that are personal to it or that are common to all the co-obligors. However, the obligor may not assert defences or rights of set-off that are personal to one or several of the other co-obligors. This commentary discusses the common defences that the obligor can assert against the obligee, along with personal defences which involve the right to avoid the contract for mistake, fraud, threat, or gross disparity.

Fellow Creatures

2018 ◽  
Author(s):  
Christine M. Korsgaard
Keyword(s):  
The Other ◽  
Moral Standing ◽  
Human Beings ◽  
Good For ◽  
Treat All ◽  
The Right ◽  
The Relationship

This book argues that we are obligated to treat all sentient animals as “ends in themselves.” Drawing on a theory of the good derived from Aristotle, it offers an explanation of why animals are the sorts of beings who have a good. Drawing on a revised version of Kant’s argument for the value of humanity, it argues that rationality commits us to claiming the standing of ends in ourselves in two senses. As autonomous beings, we claim to be ends in ourselves when we claim the standing to make laws for ourselves and each other. As beings who have a good, we also claim to be ends in ourselves when we take the things that are good for us to be good absolutely and so worthy of pursuit. The first claim commits us to joining with other autonomous beings in relations of reciprocal moral lawmaking. The second claim commits us to treating the good of every sentient animal as something of absolute importance. The book also argues that human beings are not more important than, superior to, or better off than the other animals. It criticizes the “marginal cases” argument and advances a view of moral standing as attaching to the atemporal subjects of lives. It offers a non-utilitarian account of the relationship between the good and pleasure, and addresses questions about the badness of extinction and about whether we have the right to eat animals, experiment on them, make them work for us, and keep them as pets.

scholarly journals Evangelical and Catholic Timespace in Work: An Argument against a Homeless Eschatology

Religions ◽  
2021 ◽  
Vol 12 (3) ◽  
pp. 199
Author(s):  
Maria Ledstam
Keyword(s):  
Empirical Study ◽  
Common Good ◽  
Ethnographic Study ◽  
The Other ◽  
Faith Based ◽  
Business As Mission ◽  
Achievable Goal ◽  
The Common ◽  
The One ◽  
The Relationship

This article engages with how religion and economy relate to each other in faith-based businesses. It also elaborates on a recurrent idea in theological literature that reflections on different visions of time can advance theological analyses of the relationship between Christianity and capitalism. More specifically, this article brings results from an ethnographic study of two faith-based businesses into conversation with the ethicist Luke Bretherton’s presentation of different understandings of the relationship between Christianity and capitalism. Using Theodore Schatzki’s theory of timespace, the article examines how time and space are constituted in two small faith-based businesses that are part of the two networks Business as Mission (evangelical) and Economy of Communion (catholic) and how the different timespaces affect the religious-economic configurations in the two cases and with what moral implications. The overall findings suggest that the timespace in the Catholic business was characterized by struggling caused by a tension between certain ideals on how religion and economy should relate to each other on the one hand and how the practice evolved on the other hand. Furthermore, the timespace in the evangelical business was characterized by confidence, caused by the business having a rather distinct and achievable goal when it came to how they wanted to be different and how religion should relate to economy. There are, however, nuances and important resemblances between the cases that cannot be explained by the businesses’ confessional and theological affiliations. Rather, there seems to be something about the phenomenon of tension-filled and confident faith-based businesses that causes a drive in the practices towards the common good. After mapping the results of the empirical study, I discuss some contributions that I argue this study brings to Bretherton’s presentation of the relationship between Christianity and capitalism.

scholarly journals The interaction between two trains of impulses converging on the same motoneurone

1929 ◽  
Vol 105 (738) ◽  
pp. 363-371 ◽  
Keyword(s):  
Mechanical Effect ◽  
The Other ◽  
Muscle Fibres ◽  
Flexor Muscle ◽  
Afferent Pathways ◽  
Afferent Nerves ◽  
Maximal Stimulation ◽  
The Common ◽  
The Relationship ◽  
Stimulation Of

It was shown in an earlier paper (7) that if maximal stimulation of either of two different afferent nerves can reflexly excite fractions of a given flexor muscle, there are generally, within the aggregate of neurones which innervate that muscle, motoneurones which can be caused to discharge by either afferent (i. e., motoneurones common to both fractions). The relationship which two such afferents bear to a common motoneurone was shown, by the isometric method of recording contraction, to be such that the activation of one afferent, at a speed sufficient to cause a maximal motor tetanus when trans­mitted to the muscle fibres, caused exclusion of any added mechanical effect when the other afferent was excited concurrently. This default in mechanical effect was called “occlusion.” Occlusion may conceivably be due to total exclusion of the effect of one afferent pathway on the common motoneurone by the activity of the other; but facilitation of the effect of one path by the activation of the other when the stimuli were minimal suggests that, in some circumstances at least, the effect of each could augment and summate with th at of the other at the place of convergence of two afferent pathways. Further investigation, using the action currents of the muscle as indication of the nerve impulses discharged by the motoneurone units, has now given some information regarding the effect of impulses arriving at the locus of convergence by one afferent path when the unit common to both is already discharging in response to impulses arriving by the other afferent path. Our method has been to excite both afferent nerves in overlapping sequence by series of break shocks at a rapid rate and to examine the action currents of the resulting reflex for evidence of the appearance of the rhythm of the second series in the discharge caused by the first when the two series are both reaching the motoneurone.

Vertical Disparity Can Alter Perceived Direction

Perception ◽  
10.1068/p3440 ◽  
2002 ◽  
Vol 31 (11) ◽  
pp. 1323-1333 ◽  
Author(s):  
Ellen M Berends ◽  
Raymond van Ee ◽  
Casper J Erkelens
Keyword(s):  
Three Dimensional ◽  
Visual Scene ◽  
Eye Position ◽  
Vertical Disparity ◽  
Vertical Scale ◽  
The Common ◽  
The Right ◽  
The Relationship ◽  
Straight Ahead ◽  
Stimulus Direction

It has been well established that vertical disparity is involved in perception of the three-dimensional layout of a visual scene. The goal of this paper was to examine whether vertical disparities can alter perceived direction. We dissociated the common relationship between vertical disparity and the stimulus direction by applying a vertical magnification to the image presented to one eye. We used a staircase paradigm to measure whether perceived straight-ahead depended on the amount of vertical magnification in the stimulus. Subjects judged whether a test dot was flashed to either the left or the right side of straight-ahead. We found that perceived straight-ahead did indeed depend on the amount of vertical magnification but only after subjects adapted (for 5 min) to vertical scale (and only in five out of nine subjects). We argue that vertical disparity is a factor in the calibration of the relationship between eye-position signals and perceived direction.

Hell Disarmed? The Function of Hell in Reformation Spirituality

Numen ◽  
2009 ◽  
Vol 56 (2-3) ◽  
pp. 366-384 ◽  
Author(s):  
Tarald Rasmussen
Keyword(s):  
The Other ◽  
Protestant Reformation ◽  
Late Medieval ◽  
Ars Moriendi ◽  
Religious Importance ◽  
The One ◽  
The Right ◽  
The Relationship ◽  
Medieval Christianity

In Late Medieval Christianity, the concept of hell was closely connected to the sacrament of penance. Hell could be avoided through the right use of penance. And the cleansing sufferings in purgatory could to a certain extent replace the eternal sufferings in hell. The Protestant Reformation rejected purgatory, and returned to a traditional dualistic view of the relationship between heaven and hell. At the same time, hell seems to lose some of its religious importance in early Protestant spirituality. This change is illustrated through a comparison of two central texts belonging more or less to the same genre: on the one hand the famous Late Medieval illustrated Ars moriendi and on the other Luther's Sermon von der Bereitung zum Sterben from 1519.

Part I Introduction, 1 The Nature of Termination

2020 ◽  
Author(s):  
Stannard John E ◽  
Capper David
Keyword(s):  
Common Law ◽  
The Other ◽  
Breach Of Contract ◽  
Close Relationship ◽  
The Law ◽  
The Right ◽  
The Relationship ◽  
Right To Refuse

This chapter discusses the nature of termination for breach. Termination for breach can be seen both as a process and as a remedy. Traditionally, the topic has been dealt with under the broader umbrella of ‘discharge’, alongside such topics as performance, frustration, and agreement. Problems arise, however, when the notion of discharge is pressed too far; in particular, the idea of the contract ‘coming to an end’ can be a misleading one, and has given rise to various errors and misconceptions. For this and other reasons, more emphasis is now given to termination in the context of remedies. Termination can be one of the most useful weapons in the armoury for the victim of a breach of contract, not least because, unlike many other remedies, it does not require recourse to the courts. However, this notion of termination as a remedy should not obscure the close relationship between termination and the other modes of discharge, most notably frustration. The chapter then looks at the problems in this area of the law, including problems of terminology, the different ways in which common law and equity have approached the question, and the relationship between discharge and damages. It also considers the most important aspects of the right to terminate, including the right to refuse performance.

Part III The right To Terminate, 5 Breach of Condition

2020 ◽  
Author(s):  
Stannard John E ◽  
Capper David
Keyword(s):  
Common Law ◽  
The Other ◽  
The Common ◽  
The Right

This chapter focuses on breach of condition. The first situation in which termination will be available is where the other party has broken a ‘condition’. A condition is a stipulation in a contract, be it a contract of sale or some other contract, the breach of which gives rise to the right to ‘treat the contract as repudiated’. When is a term a ‘condition’? A term can be made a condition either by express stipulation or by implication. The chapter then distinguishes condition from various other concepts with which it may appear to have similarities, but which work in different ways. It also looks at time stipulations and the divergent approaches of the common law and equity to time stipulations.

Part III The right To Terminate, 8 Express Rights of Termination

2020 ◽  
Author(s):  
Stannard John E ◽  
Capper David
Keyword(s):  
Common Law ◽  
The Other ◽  
General Law ◽  
Key Issues ◽  
The Right ◽  
The Relationship

This chapter discusses express rights of termination. It is not always easy for a party to know for certain whether they are entitled to terminate or not. This is particularly so where the right in question depends on proof of fundamental breach or repudiation. For this reason, parties to a contract frequently, in the interests of certainty, make express provision for this by agreeing in advance that one or both of them may terminate if certain conditions are met. Such express rights of termination can depend on a wide variety of contingencies, but very frequently these will include a breach by the other party. Where this is the case, it is often difficult to distinguish termination under the express right from termination under the general law, particularly where the latter involves termination for breach of condition. The chapter then assesses four key issues with regard to express rights of this sort, most notably: (1) the relationship between express rights of termination and conditions at common law; (2) the requirements for the exercise of such rights; (3) the effect of termination under such a right; and (4) the problem of concurrent rights of termination.

18 The Law of Neutrality

2021 ◽  
Author(s):  
Bothe Michael
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
The Other ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Neutral State ◽  
The Will ◽  
The Law ◽  
The Right ◽  
The Relationship

This chapter focuses on rules of the law of neutrality concerning the protection of the victims of armed conflicts, which must be considered as part of international humanitarian law. ‘Neutrality’ describes the particular status, as defined by international law, of a state not party to an armed conflict. This status entails specific rights and duties in the relationship between the neutral and the belligerent states. On one hand, there is the right of the neutral state to remain apart from, and not to be adversely affected by, the conflict. On the other hand, there is the duty of non-participation and impartiality. The right not to be adversely affected means that the relationship between the neutral and belligerent States is governed by the law of peace, which is modified only in certain respects by the law of neutrality. In particular, the neutral State must tolerate certain controls in the area of maritime commerce. The duty of non-participation means, above all, that the state must abstain from supporting a party to the conflict. This duty not to support also means that the neutral state is under a duty not to allow one party to the conflict to use the resources of the neutral state against the will of the opponent.

Religion's ‘Foundation in Reason’: The Common Sense of Hume's Natural History

1994 ◽  
Vol 24 (4) ◽  
pp. 565-581
Author(s):  
M. Jamie Ferreira
Keyword(s):  
Common Sense ◽  
The Other ◽  
Rational Justification ◽  
Rational Argument ◽  
Regular Model ◽  
The Common ◽  
The One ◽  
The Right ◽  
Forceful Critique ◽  
Critique Of Religion

David Hume’s critique of religion reveals what seems to be a vacillation in his commitment to an argument-based paradigm of legitimate believing. On the one hand, Hume assumes such a traditional (argumentbased) model of rational justification of beliefs in order to point to the weakness of some classical arguments for religious belief (e.g., the design argument), to chastise the believer for extrapolating to a conclusion which outstrips its evidential warrant. On the other hand, Hume, ‘mitigated’ or naturalist skeptic that he is, at other times rejects an argumentbased paradigm of certainty and truth, and so sees as irrelevant the traditional or ‘regular’ model of rational justification; he places a premium on instinctive belief, as both unavoidable and (usually) more reliable than reasoning. On this view, a forceful critique of religion would have to fault it, not for failing to meet criteria of rational argument (failing to proportion belief to the evidence), but (as Hume sometimes seems to) for failing to be the right sort of instinct.

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