THE COMMON DENOMINATOR IN THE LAW OF BUSINESS

1970 ◽  
Vol 8 (2) ◽  
pp. 215-219
Author(s):  
Gerard Halpern
2020 ◽  
Vol 228 (1) ◽  
pp. 1-2
Author(s):  
Michael Bošnjak ◽  
Nadine Wedderhoff

Abstract. This editorial gives a brief introduction to the six articles included in the fourth “Hotspots in Psychology” of the Zeitschrift für Psychologie. The format is devoted to systematic reviews and meta-analyses in research-active fields that have generated a considerable number of primary studies. The common denominator is the research synthesis nature of the included articles, and not a specific psychological topic or theme that all articles have to address. Moreover, methodological advances in research synthesis methods relevant for any subfield of psychology are being addressed. Comprehensive supplemental material to the articles can be found in PsychArchives ( https://www.psycharchives.org ).


2018 ◽  
pp. 27-49 ◽  
Author(s):  
H. D. Kurz

The paper celebrates Karl Marx’ 200th birthday in terms of a critical discussion of the “law of value” and the idea that “abstract labour”, and not any use value, is the common third of any two commodities that exchange for one another in a given proportion. It is argued that this view is difficult to sustain. It is also the source of the wretched and unnecessary “transformation problem”. Ironically, as Piero Sraffa has shown, prices of production and the general rate of profits are fully determined in terms of the same set of data from which Marx started his analysis.


2011 ◽  
Vol 42 (1) ◽  
pp. 1-4 ◽  
Author(s):  
Sebastian Michalak

Motives of espionage against ones own country in the light of idiographic studies The money is perceived as the common denominator among people who have spied against their own country. This assumption is common sense and appears to be self-evident truth. But do we have any hard evidences to prove the validity of such a statement? What method could be applied to determine it? This article is a review of the motives behind one's resorting to spying activity which is a complex and multifarious process. I decided to present only the phenomenon of spying for another country. The studies on the motives behind taking up spying activity are idiographic in character. One of the basic methodological problems to be faced by the researchers of this problem is an inaccessibility of a control group.


2019 ◽  
Vol 62 (6) ◽  
pp. 88-99
Author(s):  
Andrey A. Lukashev

The typology of rationality is one of major issues of modern philosophy. In an attempt to provide a typology to Oriental materials, a researcher faces additional problems. The diversity of the Orient as such poses a major challenge. When we say “Oriental,” we mean several cultures for which we cannot find a common denominator. The concept of “Orient” involves Arabic, Indian, Chinese, Turkish and other cultures, and the only thing they share is that they are “non-Western.” Moreover, even if we focus just on Islamic culture and look into rationality in this context, we have to deal with a conglomerate of various trends, which does not let us define, with full confidence, a common theoretical basis and treat them as a unity. Nevertheless, we have to go on trying to find common directions in thought development, so as to draw conclusions about types of rationality possible in Islamic culture. A basis for such a typology of rationality in the context of the Islamic world was recently suggested in A.V. Smirnov’s logic of sense theory. However, actual empiric material cannot always fit theoretical models, and the cases that do not fit the common scheme are interesting per se. On the one hand, examination of such cases gives an opportunity to specify certain provisions of the theory and, on the other hand, to define the limits of its applicability.


Author(s):  
Eva Steiner

This chapter examines the law of contract in France and discusses the milestone reform of French contract law. While this new legislation introduces a fresh equilibrium between the contracting parties and enhances accessibility and legal certainty in contract, it does not radically change the state of the law in this area. In addition, it does not strongly impact the traditional philosophical foundations of the law of contract. The reform, in short, looks more like a tidying up operation rather than a far-reaching transformation of the law. Therefore, the chapter argues that it is questionable whether the new law, which was also intended to increase France's attractiveness against the background of a world market dominated by the Common Law, will keep its promise.


Author(s):  
Molly Shaffer Van Houweling

This chapter studies intellectual property (IP). A hallmark of the New Private Law (NPL) is attentiveness to and appreciation of legal concepts and categories, including the traditional categories of the common law. These categories can sometimes usefully be deployed outside of the traditional common law, to characterize, conceptualize, and critique other bodies of law. For scholars interested in IP, for example, common law categories can be used to describe patent, copyright, trademark, and other fields of IP as more or less “property-like” or “tort-like.” Thischapter investigates both the property- and tort-like features of IP to understand the circumstances under which one set of features tends to dominate and why. It surveys several doctrines within the law of copyright that demonstrate how courts move along the property/tort continuum depending on the nature of the copyrighted work at issue—including, in particular, how well the work’s protected contours are defined. This conceptual navigation is familiar, echoing how common law courts have moved along the property/tort continuum to address disputes over distinctive types of tangible resources.


2021 ◽  
pp. 136571272110022
Author(s):  
Jennifer Porter

The common law test of voluntariness has come to be associated with important policy rationales including the privilege against self-incrimination. However, when the test originated more than a century ago, it was a test concerned specifically with the truthfulness of confession evidence; which evidence was at that time adduced in the form of indirect oral testimony, that is, as hearsay. Given that, a century later, confession evidence is now mostly adduced in the form of an audiovisual recording that can be observed directly by the trial judge, rather than as indirect oral testimony, there may be capacity for a different emphasis regarding the question of admissibility. This article considers the law currently operating in Western Australia, Queensland and South Australia to see whether or not, in the form of an audiovisual recording, the exercise of judicial discretion as to the question of the admissibility of confession evidence might be supported if the common law test of voluntariness was not a strict test of exclusion.


1980 ◽  
Vol 56 (1) ◽  
pp. 19-20 ◽  
Author(s):  
J. S. Rowe

The cores and boundaries of land units are located by reference to relationships between climate, landform and biota in ecological land classification. This appeal to relationships, rather than to climate, or to geomorphology, or to soils, or to vegetation alone, provides the common basis for land classification.


2011 ◽  
Vol 26 (2) ◽  
pp. 217-231 ◽  
Author(s):  
L. Hunt ◽  
M. Lundberg ◽  
B. Zuckerman

1993 ◽  
Vol 4 (1) ◽  
pp. 1-26 ◽  
Author(s):  
Braham Dabscheck

In October 1992 the federal coalition released Jobsback, a statement of its industrial relations policies. The article situates Jobsback in the context of the evolution of the coalition's industrial relations policies since the Fraser years, outlines its major features, and provides a critique. Jobsback erects a new regulatory schema under a banner of deregulation. Three key elements are contained in Jobsback. They are tribunal avoidance and the use of the common law, legislatively imposed employment rules to ‘aid’ the transition from an award to a non-award system, and enterprise confinement. The article draws attention to the coalition's views concerning industrial conflict, constitutional issues, transitional problems associated with establishing legislatively imposed workplace rules, minima in workplace agreements, the Office of the Employee Advocate, equality before the law and good faith bargaining.


Sign in / Sign up

Export Citation Format

Share Document