Doublespeak

2018 ◽  
Author(s):  
Jeremias Prassl
Keyword(s):  
Sharing Economy ◽  
Collaborative Consumption ◽  
Gig Economy ◽  
Innovation And Technology ◽  
The Law ◽  
The Way

This chapter turns to linguistic matters. It explores how, despite their focus on commercial labour intermediation, platforms were originally cast in a different light, operating under the mantle of a ‘sharing economy’. Superficial as this may seem, language matters—not least as a driver of regulatory approaches. To understand the gig economy, it is crucial that we look behind the language of innovation and technology, of sharing and collaborative consumption, and of ‘gigs’ and ‘tasks’. This chapter first focuses on arguments that the gig economy should not be regulated at all, discerning multiple iterations of this approach, with varying degrees of sophistication. At its crudest, this is the story that the law stands in the way of innovation and should leave ‘disruptive’ businesses well alone. At a more sophisticated level, we then encounter different proposals for new forms of regulation.

2. Contracts of employment (1): status, formation, continuity, and change

2019 ◽  
pp. 39-137
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Employment Law ◽  
Employment Contract ◽  
Continuity And Change ◽  
The Third ◽  
Difficult Question ◽  
Gig Economy ◽  
Part Time ◽  
Areas Of Concern ◽  
The Law ◽  
The Way

This chapter discusses the way in which the law has had to keep up with changing models of ‘employment’. Even the old ‘employee/self-employed’ division is now complicated by increasing use in modern statutes of the term ‘worker’. Part-time, fixed-term, and agency workers have featured prominently in modern employment law and consideration is given to these specifically, along with even more topical areas of concern such as zero-hour contracts and the challenges of the ‘gig economy’ more generally. Three more technical areas are then considered. The first concerns the ‘section 1 statement’ of basic terms and conditions that has been an obligation on employers since 1963 but is still not always given. The second concerns the difficult question of the extent to which an employer can seek to impose limitations on an employee even after employment ends. The third concerns the whole question of how the terms of an employment contract can lawfully be changed by one or both of the parties to it.

2. Contracts of employment (1): status, formation, continuity, and change

2019 ◽  
pp. 38-134
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Employment Law ◽  
Employment Contract ◽  
Continuity And Change ◽  
The Third ◽  
Difficult Question ◽  
Gig Economy ◽  
Part Time ◽  
Areas Of Concern ◽  
The Law ◽  
The Way

This chapter discusses the way in which the law has had to keep up with changing models of ‘employment’. Even the old ‘employee/self-employed’ division is now complicated by increasing use in modern statutes of the term ‘worker’. Part-time, fixed-term, and agency workers have featured prominently in modern employment law and consideration is given to these specifically, along with even more topical areas of concern such as zero-hours contracts and the challenges of the ‘gig economy’ more generally. Three more technical areas are then considered. The first concerns the ‘section 1 statement’ of basic terms and conditions that has been an obligation on employers since 1963 but is still not always given. The second concerns the difficult question of the extent to which an employer can seek to impose limitations on an employee even after employment ends. The third concerns the whole question of how the terms of an employment contract can lawfully be changed by one or both of the parties to it.

2. Contracts of Employment (1): Status, Formation, Continuity, and Change

2017 ◽  
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Employment Law ◽  
Employment Contract ◽  
Continuity And Change ◽  
The Third ◽  
Difficult Question ◽  
Gig Economy ◽  
Part Time ◽  
Areas Of Concern ◽  
The Law ◽  
The Way

This chapter discusses the way in which the law has had to keep up with changing models of ‘employment’. Even the old ‘employee/self-employed’ division is now complicated by increasing use in modern statutes of the term ‘worker’. Part-time, fixed-term, and agency workers have featured prominently in modern employment law and consideration is given to these specifically, along with even more topical areas of concern such as zero-hours contracts and the challenges of the ‘gig economy’ more generally. Three more technical areas are then considered. The first concerns the ‘section 1 statement’ of basic terms and conditions that has been an obligation on employers since 1963 but is still not always given. The second concerns the difficult question of the extent to which an employer can seek to impose limitations on an employee even after employment ends. The third concerns the whole question of how the terms of an employment contract can lawfully be changed by one or both of the parties to it.

Prawne aspekty eutanazji w Holandii

2016 ◽  
Vol 14 (3) ◽  
pp. 243-253
Author(s):  
Grzegorz Stefanowicz
Keyword(s):  
The Netherlands ◽  
Assisted Suicide ◽  
Public Authority ◽  
Dutch Society ◽  
On Demand ◽  
Limited Length ◽  
The Law ◽  
Death On Demand ◽  
The Way

This article undertakes to show the way that has led to the statutory decriminalization of euthanasia-related murder and assisted suicide in the Kingdom of the Netherlands. It presents the evolution of the views held by Dutch society on the euthanasia related practice, in the consequence of which death on demand has become legal after less than thirty years. Due attention is paid to the role of organs of public authority in these changes, with a particular emphasis put on the role of the Dutch Parliament – the States General. Because of scarcity of space and limited length of the article, the change in the attitudes toward euthanasia, which has taken place in the Netherlands, is presented in a synthetic way – from the first discussions on admissibility of a euthanasia-related murder carried out in the 1970s, through the practice of killing patients at their request, which was against the law at that time, but with years began more and more acceptable, up to the statutory decriminalization of euthanasia by the Dutch Parliament, made with the support of the majority of society.

Konsep Ihsân dalam Wacana Pendidikan Islam

TAJDID ◽  
2019 ◽  
Vol 26 (1) ◽  
pp. 1
Author(s):  
Husni Husni
Keyword(s):  
Existence Of God ◽  
Good Deed ◽  
The Law ◽  
To Receive ◽  
Islamic Society ◽  
Muslim Scholars ◽  
The Way

This article studies the concept of Ihsan (good deed) in the thought of ulama mufassirs (Muslim scholars interpretering the Qur’an). The result of the study being carried out by the writer is that the concept of ihsan being too narrowly interpreted, proves that it has wide interpretation in the thought of muffasirs. If so far among society the concept of ihsan has been narrowly interpreted on the good deed or doing good deed, so according to mufassirs, the concept means: (1) carrying out all obligations, (2) being patient to receive all the obligation and anything forbidden by God, (3) being obedient and always perfects his obedience in quality as well as in the way, (4) forgiving, (5) being sincere, (6) realizing the existence of God, (7) emphasizing the esoteric aspect rather than exoteric world, (8) knowledge, (9) being firm in the truthfulness, (10) havng understanding about the true teachings of God, (11) having good comprehension about the law appropriately applied among the Islamic society. The wide meaning of this concept because this concept is really expressed by the Koran in context. This article tries to attach the concept of Ihsan in several meanings about the education world

The Law of Tort

2018 ◽  
Author(s):  
Eva Steiner
Keyword(s):  
Civil Liability ◽  
French Law ◽  
The Law ◽  
Broad Approach ◽  
The Way

This chapter examines the French law of tort. Although French law takes a broad approach to civil liability, when looking more closely at the way in which French judges have dealt with claims in tort, it becomes apparent that the need to avoid extending the scope of civil liability to an unlimited extent has also been present in French law. Indeed, in order to achieve desirable results, French judges have on many occasions used their discretion to interpret restrictively the elastic concepts of fault, damage, and causation. Hence, they end up dismissing claims which, for policy reasons, would have created unjust results or would have opened the gates to a flood of new claims. Thus, even though French judges do not admit to it openly in their judgments, they are influenced as regards the matter of deciding the limits of liability by general policy considerations, especially the ‘floodgates arguments’ which their English counterparts also readily understand.

Sharing economy versus collaborative consumption: What drives consumers in the new forms of exchange?

2021 ◽  
Vol 128 ◽  
pp. 124-137
Author(s):  
Adriana Luri Minami ◽  
Carla Ramos ◽  
Adriana Bruscato Bortoluzzo
Keyword(s):  
Sharing Economy ◽  
Collaborative Consumption

scholarly journals What is a firm? A reply to Jean-Philippe Robé

2021 ◽  
pp. 1-11
Author(s):  
Simon Deakin ◽  
David Gindis ◽  
Geoffrey M. Hodgson
Keyword(s):  
Theory Of The Firm ◽  
Recent Book ◽  
Everyday Language ◽  
Modern Capitalism ◽  
Legal Foundations ◽  
Common Parlance ◽  
The Law ◽  
Business Entities ◽  
Definition Of ◽  
The Way

Abstract In his recent book on Property, Power and Politics, Jean-Philippe Robé makes a strong case for the need to understand the legal foundations of modern capitalism. He also insists that it is important to distinguish between firms and corporations. We agree. But Robé criticizes our definition of firms in terms of legally recognized capacities on the grounds that it does not take the distinction seriously enough. He argues that firms are not legally recognized as such, as the law only knows corporations. This argument, which is capable of different interpretations, leads to the bizarre result that corporations are not firms. Using etymological and other evidence, we show that firms are treated as legally constituted business entities in both common parlance and legal discourse. The way the law defines firms and corporations, while the product of a discourse which is in many ways distinct from everyday language, has such profound implications for the way firms operate in practice that no institutional theory of the firm worthy of the name can afford to ignore it.

scholarly journals Bridging Ride and Play Comfort

Information ◽  
2021 ◽  
Vol 12 (3) ◽  
pp. 119
Author(s):  
Zeliang Zhang ◽  
Kang Xiaohan ◽  
Mohd Nor Akmal Khalid ◽  
Hiroyuki Iida
Keyword(s):  
Physical Performance ◽  
Ride Comfort ◽  
Roller Coaster ◽  
Mental Experience ◽  
The Law ◽  
Target Environment ◽  
Rider Comfort ◽  
The Relationship ◽  
Suitable Environment ◽  
The Way

The notion of comfort with respect to rides, such as roller coasters, is typically addressed from the perspective of a physical ride, where the convenience of transportation is redefined to minimize risk and maximize thrill. As a popular form of entertainment, roller coasters sit at the nexus of rides and games, providing a suitable environment to measure both mental and physical experiences of rider comfort. In this paper, the way risk and comfort affect such experiences is investigated, and the connection between play comfort and ride comfort is explored. A roller coaster ride simulation is adopted as the target environment for this research, which combines the feeling of being thrill and comfort simultaneously. At the same time, this paper also expands research on roller coaster rides while bridging the rides and games via the analogy of the law of physics, a concept currently known as motion in mind. This study’s contribution involves a roller coaster ride model, which provides an extended understanding of the relationship between physical performance and the mental experience relative to the concept of motion in mind while establishing critical criteria for a comfortable experience of both the ride and play.

scholarly journals The Cognitive Psychology of Rules of Interpretation in International Law

AJIL Unbound ◽  
2021 ◽  
Vol 115 ◽  
pp. 258-262
Author(s):  
Anne van Aaken
Keyword(s):  
Cognitive Psychology ◽  
International Law ◽  
Vienna Convention ◽  
International Treaty ◽  
Treaty Law ◽  
Psychology Perspective ◽  
The Law ◽  
Biases And Heuristics ◽  
The Way

While Articles 31 and 32 of the Vienna Convention on the Law of Treaties (VCLT) prescribe the rules of interpretation for international treaty law as “disciplining rules,” the rules of interpretation themselves are understudied from a cognitive psychology perspective. This is problematic because, as Jerome Frank observed, “judges are incurably human,” like everybody else. I submit that behavioral approaches could provide insights into how biases and heuristics affect the way judges and other interpreters use the VCLT rules.

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