Replies to Commentators

2021 ◽  
pp. 180-224
Author(s):  
Seana Valentine Shiffrin
Keyword(s):  
Common Law ◽  
Democratic Character ◽  
Normative Account ◽  
Made In

This chapter responds to the commentaries by Kolodny, Brooks, and Stilz by elaborating on and adding to points made in the first three chapters. In connection with Chapter 1, it addresses various aspects of the requirement to communicate respect, including the collective character of the required communication, the effectiveness and appropriateness of law as its form, the need for equal participation in crafting it, and the possibility of individual dissent from it. It also considers whether the communicative conception offers a plausible normative account of the motivations underlying democratic movements. In connection with Chapters 2 and 3, it expands on the democratic character of common law and defends the claim that states may pursue discretionary interests, arguing that this pursuit is compatible not only with specific requirements of justice but also with liberalism.

scholarly journals The Rights of Science and the Rights of Politics: Lessons from the Long-form Census Controversy

2012 ◽  
Vol 37 (3) ◽  
pp. 295-318 ◽  
Author(s):  
Michael Yeo
Keyword(s):  
Public Policy ◽  
Decision Making ◽  
Policy Decisions ◽  
Long Form ◽  
Science And Politics ◽  
The Relationship ◽  
Normative Account ◽  
Made In ◽  
Conceptual Resources

One of the main issues in the long-form census controversy concerned the relationship between science and politics. Through analysis of the arguments and underlying assumptions of four influential and exemplary interventions that were made in the name of science, this paper outlines a normative account of this relationship. The paper nuances the science-protective ideals that critics invoked and argues that such conceptual resources are needed if science is to be protected from undue political encroachment. However, in their zeal to defend the rights of science critics claimed for it more than its due, eclipsing the value dimension of policy decisions and failing to respect the role of politics as the rightful locus of decision making for value issues. An adequate normative account of the relationship between science and politics in public policy must be capable not only of protecting science from politics but also of protecting politics from science.

Part I Legal and Practical Challenges to Traditional Trade Finance, 7 Letters of Credit and Stop Payment Orders Made in the Issuer’s Country

2021 ◽  
Author(s):  
Enonchong Nelson
Keyword(s):  
Common Law ◽  
Critical Examination ◽  
Letter Of Credit ◽  
Rome Convention ◽  
The Us ◽  
The Law ◽  
Letters Of Credit ◽  
Contractual Obligations ◽  
Rome I ◽  
Made In

This chapter offers a critical examination of the significant, but largely unexplored, question whether, and to what extent, a foreign order restraining the issuing bank from making payment under a letter of credit can afford the issuing bank a good defence to a claim in a court outside that bank’s home jurisdiction. At common law, in England as well as in other jurisdictions, such as Hong Kong, Singapore and the US, such orders have only limited effect in the forum. This chapter argues that the approach of the English courts to article 4 of the Rome Convention of 19 June 1980 on the law applicable to contractual obligations meant that such orders could defeat a claim against the issuing bank in England only in very narrow circumstances. It goes on to examine the extent to which the changes introduced in article 4 of the Rome I Regulation of 17 June 2008 on the law applicable to contractual obligations have altered the position under English law, so that stop payment orders made in the issuer’s home jurisdiction may now have a much wider reach in England. The chapter contends that notwithstanding the amendments to article 4, in the specific context of letters of credit, the approach of the English courts under the Rome I Regulation is likely to be broadly similar to that under the Rome Convention. The Rome I Regulation has not (even unintentionally) opened the door to stop payment orders made in the issuer’s home jurisdiction.

Translating Identity-Based Motivation to Intervention: Pathways to Success from School to Jobs and Life

2015 ◽  
Author(s):  
Daphna Oyserman
Keyword(s):  
Academic Outcomes ◽  
Control School ◽  
Educational Success ◽  
The Third ◽  
The Core ◽  
Identity Based ◽  
Own Name ◽  
Made In

In this chapter I describe the school-to-jobs intervention, a brief inter¬vention that translates the components of identity-based motivation (IBM) into a testable, usable, feasible, and scalable intervention for use in schools and other settings to improve academic outcomes. To develop the intervention, I took the core IBM principles and translated them into a framework and set of activities that have coherence and meaning. These core principles, as detailed in Chapter 1, are that identities, strategies, and interpretations of difficulty matter when they come to mind and seem relevant to the situation at hand. Because thinking is for doing, context matters, and identities, strategies, and interpretations of difficulty can be dynamically constructed given situational constraints and affordances. Therefore the framework and set of activities I developed were sensitive to the context in which education and educational success or failure occurs, the processes by which children succeed or fail to attain their school-success goals, and the action children need to take if they are to succeed. The intervention was fully tested twice (Oyserman, Bybee, & Terry, 2006; Oyserman, Terry, & Bybee, 2002), using random assignment to control (school as usual) and intervention conditions so that it would be possible to know whether the effects were due to the intervention and not to other differences in the children themselves. Importantly, the tested intervention was manualized and fidelity to both manual and underlying theorized process was also tested. In these ways, the intervention stands as a model for development. STJ is currently being used in England and in Singapore. Each country gives the intervention its own name to fit the context. This chapter is divided into three parts. In the first part, I outline the choices I made in developing the intervention. In the second part, I outline the sequenced activities that constitute the intervention (they are detailed in the manual that forms Chapter 4). In the third part, I describe the evidence that the intervention succeeded in changing academic outcomes and that changes occurred through the process predicted by IBM.

The Juvenile Translations of Elizabeth Tudor

2009 ◽  
Vol 18 (2) ◽  
pp. 157-180 ◽  
Author(s):  
Roger Ellis
Keyword(s):  
Religious Texts ◽  
Her Family ◽  
Religious Issues ◽  
Made In

The translations made by the Princess Elizabeth between 1544 and 1547/8 were undertaken as New Year gifts for members of her family. This article analyses the contexts of, and choices made in, the surviving productions. All are translations of religious texts: her stepmother Katherine Parr's Prayers or Medytacions, Marguerite de Navarre's Miroir de l'âme pecheresse, Jean Calvin's Institution de la religion chrestienne (Chapter 1), and a sermon from the Italian of Bernardino Ochino. In their different ways, all can be seen as reflecting the distinctive pressures brought about by Henry VIII's personalizing of political and religious issues.

scholarly journals THE STUDY ON THE SEPARATION OF OWNERSHIP AND CONTROL OF MALAYSIAN COMPANIES

2019 ◽  
pp. 36-44
Author(s):  
Kamaliah Salleh ◽  
Noor ‘Ashikin Hamid ◽  
Noraida Harun ◽  
Asiah Bidin ◽  
Zuhairah Ariff Abd Ghadas
Keyword(s):  
Content Analysis ◽  
International Law ◽  
Common Law ◽  
Best Interests ◽  
Board Meeting ◽  
Judicial Decisions ◽  
Legal Position ◽  
The Common ◽  
And Control ◽  
Made In

The members own the company by virtue of their shareholding and the directors manage and exercise control over the company’s affairs through the company’s board meeting. Despite segregation of powers and roles between the members and directors, there has been an inclination on the part of the members to participate to a greater extent in the company’s affairs. This paper aims to establish the legal position as between the directors and members that reflect the separation of control and ownership in the company under the common law and the Malaysian law. The method used in this study is the content analysis of the reported Malaysian and international law cases as well as the statutory provisions in order to examine the legal position established under the common law, the previous Companies Act 1965 and the newly introduced Companies Act 2016. The study reveals that the separation between the two has long been recognized and upheld by the common law as well as the Malaysian Acts. The introduction of section 195 of the Companies Act 2016, however, allows members to raise their voice in relation to matters which are within the powers of directors, hence the separation becomes slightly vague. In the absence of the latest judicial decisions to test the application of section 195, further review on its application may be required in order to determine methods to measure if a members’ recommendation is truly made in the best interests of the company.

Equity

2018 ◽  
Author(s):  
Irit Samet
Keyword(s):  
Moral Theory ◽  
Common Law ◽  
Family Resemblance ◽  
Coherent System ◽  
Social Perceptions ◽  
Private Law ◽  
System P ◽  
The Family ◽  
The Common

The Law of Equity is a unique junction where doctrinal private law, moral theory, and social perceptions of justice meet. This book explores the general principles that underlie Equity’s intervention in the Common Law, with Chapter 1 arguing that Equity should be preserved as a separate body of law which aims to align moral and legal duties in private law. Chapter 2 discusses the importance of proprietary estoppel and concludes with the argument that Equity, via the doctrine of proprietary estoppel, is redressing a significant failure in the Common Law to tackle behaviour that disregards both morality and efficiency. Chapter 3 deals with fiduciary law, highlighting the disadvantages of transforming the equitable duty of loyalty into an ordinary contractual obligation. Chapter 4 examines the clean hands doctrine, in which Equity employs the concept of integrity to construct a coherent system of reasoning about this highly-complex area. Finally, Chapter 5 discusses some findings from the analysis of fiduciary law, proprietary estoppel, and the clean hands doctrine. It highlights the family resemblance between the different doctrines we survey, and points out three areas where the distinctive nature of Equity serves the legal ideal of Accountability Correspondence, in a way that often increases the efficiency of the system.

Not All Law Is an Artifact

2018 ◽  
Author(s):  
Dan Priel
Keyword(s):  
Human Life ◽  
Common Law ◽  
Alternative View ◽  
Local Tradition ◽  
Popular View ◽  
The Common ◽  
Normative Account ◽  
Better Than

A currently popular view is that law is an artifact. The central aim of this chapter is to demonstrate that this view is not a neutral description of what law is, but is the product of a particular ideology. As such, it is not a description of what law is wherever it is found, but a normative account that sees law as a consciously designed tool for the improvement of human life. This view is in direct conflict with an alternative view that sees law not as an artifact, but as a local tradition, reflecting existing values. The chapter further argues that the latter understanding of law fits the common law better than the competing view.

The Politics of Exchange Rates: Implications and Extensions

2016 ◽  
Author(s):  
Jeffry A. Frieden
Keyword(s):  
Economic Development ◽  
Exchange Rates ◽  
Trade Policy ◽  
International Cooperation ◽  
Economic Integration ◽  
Empirical Evaluation ◽  
Wide Range ◽  
The Relationship ◽  
Made In

The previous chapters provide an empirical evaluation of the theoretical propositions put forth in Chapter 1 about the expected policy preferences of economic groups in society. These investigations, however, also suggest a series of related observations—some of which harken back to points made in Chapter 1—that are worth making explicit. These include the relationship between currency politics and the level of economic integration, trade policy, international cooperation, and economic development. This chapter discusses some of the broad patterns of interest as a partial antidote to the narrower empirical implementations that have preceded it. It considers some general trends in the politics of exchange rates over the past 150 years and across a wide range of countries. It cannot but do this discursively and somewhat superficially. Nonetheless, the breadth of the comparisons may compensate for their lack of depth.

Introduction

2019 ◽  
pp. 1-29
Author(s):  
Stephen A. Smith
Keyword(s):  
Common Law ◽  
The Common ◽  
The Law ◽  
Substantive Law

Chapter 1 introduces the concept of a remedy and the associated concept of remedial law. Identifying remedies with ‘judicial orders’, Chapter 1 explains why this definition captures a distinctive and important legal phenomenon—albeit one that common law lawyers have failed to take seriously. In particular, the common law has not clearly distinguished remedial law from substantive law, with the consequence that its understanding of both subjects has been impeded. The chapter identifies four fundamental (but until now largely ignored) questions about remedial law—What is a remedy? Why does the law provide remedies? On what grounds are remedies issued? What kinds of remedies are issued?—and summarizes the book’s answers to these questions. Chapter 1 also describes different kinds of remedies, and briefly discusses the book’s terminology, methodology, and jurisdictional scope.

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