scholarly journals Negotiating incomplete contracts

2021 ◽  
pp. 205556362110420
Author(s):  
Truls Erikson ◽  
Mirjam Knockaert
Keyword(s):  
Incomplete Contracts ◽  
Theory And Practice ◽  
Incomplete Contracting ◽  
Relational Approach ◽  
Agency Relationships ◽  
Fundamental Uncertainty ◽  
The Way

When planning is possible, as in predictive environments, comprehensive contracting is not only desirable, but also useful. However, under conditions of fundamental uncertainty, as is the case in non-predictive environments, incomplete contracting approaches likely prevail. In this study, we explore how trust in such environments affects the way in which venturing professionals negotiate, and how the outcome subsequently manifests itself in the negotiated agreement. In particular, building upon a sample of Norwegian firms, we find that stewardship relationships are more prone to incomplete contracting approaches than agency relationships, paving the way for a relational approach to contracting when uncertainty is high. Implications for theory and practice are discussed.

Vérités et Mensonges

2020 ◽  
Vol 39 (2) ◽  
pp. 188-224
Author(s):  
Erik Gunderson
Keyword(s):  
Theory And Practice ◽  
The Self ◽  
Faithful Representation ◽  
Political Subject ◽  
Concrete Reality ◽  
Hermeneutic Process ◽  
The Way

This is a survey of some of the problems surrounding imperial panegyric. It includes discussions of both the theory and practice of imperial praise. The evidence is derived from readings of Cicero, Quintilian, Pliny, the Panegyrici Latini, Menander Rhetor, and Julian the Apostate. Of particular interest is insincere speech that would be appreciated as insincere. What sort of hermeneutic process is best suited to texts that are politically consequential and yet relatively disconnected from any obligation to offer a faithful representation of concrete reality? We first look at epideictic as a genre. The next topic is imperial praise and its situation “beyond belief” as well as the self-positioning of a political subject who delivers such praise. This leads to a meditation on the exculpatory fictions that these speakers might tell themselves about their act. A cynical philosophy of Caesarism, its arbitrariness, and its constructedness abets these fictions. Julian the Apostate receives the most attention: he wrote about Caesars, he delivered extant panegyrics, and he is also the man addressed by still another panegyric. And in the end we find ourselves to be in a position to appreciate the way that power feeds off of insincerity and grows stronger in its presence.

La enseñanza de la ética profesional a estudiantes de derecho: análisis de caso

2018 ◽  
pp. 145
Author(s):  
Juan Pablo Beca
Keyword(s):  
Professional Ethics ◽  
Ethics Education ◽  
Teaching Experience ◽  
Point Of View ◽  
Theory And Practice ◽  
Ethics Course ◽  
Approach Theory ◽  
Competency Based ◽  
Catholic Tradition ◽  
The Way

ResumenEl trabajo analiza el curso Ética Profesional en la carrera de Derecho en la Universidad Católica de Temuco. Examina la forma como se abordaba la ética profesional antes de la creación del curso, y lo que ha ocurrido con él a través de sucesivos cambios curriculares y la introducción del modelo por competencias. El curso aporta al sello identitario, mediante un enfoque multidisciplinario. El curso ha vinculado teoría y práctica, desde que comenzó a implementarse, hasta llegar actualmente a comprenderlo en la lógica de competencias. Esta mirada implica formar a los estudiantes para resolver dilemas éticos, lo que se hace mediante la metodología del ver–juzgar–actuar. Esta metodología de discernimiento es propia de la tradicióncatólica, pero se usa en este contexto sin un cariz religioso. El método en cuestión permite ir educando la autonomía a fn de tomar decisiones. Se analiza la importancia de contextualizar la enseñanza ética y la forma como esto se ha hecho en el curso. Finalmente se aborda la relevancia de formar la conciencia ética de los estudiantes.Palabras clave: Experiencia de enseñanza – Ética profesional –Método de discernimient.ResumoO artigo analisa o curso de Ética Profssional na Escola de Direito na Universidade Católica de Temuco. Examina a forma de como abordar a ética profssional antes da criação do curso, e o que tem acontecido com ele através de sucessivas mudanças curriculares e a introdução do modelo de competências. O curso aporta ao selo de identidade, através de uma abordagem multidisciplinar. O curso tem ligado teoria e prática, desde que começou a se programar até chegar atualmente a compreendê-lo na lógica de competência. Este olhar implica formar aos estudantes para resolver dilemas éticos, o que é feito pela metodologia do ver-julgar-agir. Este método de discernimento é próprio da tradição Católica, mas é usado neste contexto, sem um aspecto religioso. O método em questão permite ir educando na autonomia com a fnalidade de tomar decisões. Analisa-se a importância de contextualizar o ensino da ética e a forma como isso tem sido feito no curso. Finalmente se aborda a relevância de formar consciência ética dos estudantes.Palavras-chave: Experiência de ensino - Ética Profssional - Método de discernimento.AbstractThis paper analyses the Professional Ethics course at the School of Law of Universidad Católica de Temuco. It reviews the way in which ethics was addressed before the course was created, and what has happened with it through the subsequent curricular changes and the implementation of a competency based model. The course contributes to the seal of identity through a multidisciplinary approach. Theory and practice have been progressively bound together since the course was introduced, to reach a point, nowadays, in which the course is understood within the logic of competencies. This point of view implies educating students for solving ethical dilemmas, which is done through the see–judge–act methodology. This discernment methodology belongs to the Roman Catholic tradition, but is used in this context without its religious complexion. This method allows educating autonomy in order to make decisions. It also analyses the importance of contextualizing ethics education and the way in which this has been done in the course. Finally, it addresses the relevance ofcreating an ethical consciousness of the students.Keywords: Teaching experience – Professional Ethics – Discernment method

BASIC CONCEPTS OF YEVHEN MALANIUK’S NATIONAL-PHILOSOPHICAL INTERPRETATION: ESEISTIC DISCOURSE

2021 ◽  
Author(s):  
Petro Ivanyshyn ◽  
Keyword(s):  
Theory And Practice ◽  
Philosophical Interpretation ◽  
National Science ◽  
Basic Concepts ◽  
Post Colonialism ◽  
Definition Of ◽  
National Approach ◽  
The Way

The purpose of the research is to outline the structure of the main methodological ideas within the frames of interpretive thinking in the essay of the famous Vistnyk’s writer, critic and essayist Yevhen Malaniuk. Considering the purpose and tasks of the studio, an interdisciplinary methodological base, related to the author’s “national approach”, has been worked out. The epistemological potential of national philosophy as a philosophy of national existence, national science as a theory of nation, hermeneutics as a theory and practice of interpretation and post-colonialism as interpretation of cultural phenomena from the standpoint of anti- and post-imperial consciousness are used in the work. The scientific novelty is that on the basis of the previous hermeneutic generalization and definition of national-existential methodology, a propaedeutic outlining of the structure of national-philosophical concepts within the frames of the essayistic interpretation of reality in Ye. Malaniuk is proposed. In the methodological sense, the writer’s essayism is structured by such concepts as nation-centrism, idealism, voluntarism, heroism, and can be considered as one of the variants (close by the experiences of D. Dontsov, Yu. Lypa, M. Mukhyn, etc.) of the Vistnyk’s national-philosophical (national-existential, nationalistic or nation-centric) hermeneutics, that is, the way of understanding, which the author by himself outlined as a “national approach”. The support of Ye. Malaniuk as a culture-philosopher and exegete on the eternal nation-centric values and criteria in his essayistic studies makes his reflections not only historically interesting, but also theoretically productive, classically important for the development of modern Ukrainian hermeneutics and humanities in general.

scholarly journals Keats, Myth, and the Science of Sympathy

Romanticism ◽  
2016 ◽  
Vol 22 (2) ◽  
pp. 191-202 ◽  
Author(s):  
Gregory Tate
Keyword(s):  
Nineteenth Century ◽  
Medical Training ◽  
Theory And Practice ◽  
Positivist Science ◽  
Nineteenth Century Medicine ◽  
The Way

This essay considers the connections between myth and sympathy in Keats's poetic theory and practice. It argues that the ‘Ode to Psyche’ exemplifies the way in which Keats uses mythological narrative, and the related trope of apostrophe, to promote a restrained form of sympathy, which preserves an objectifying distance between the poet and the feelings that his poetry examines. This model of sympathy is informed by Keats's medical training: the influential surgeon Astley Cooper and The Hospital Pupil's Guide (1816) both identify a sensitive but restrained sympathy for patients' suffering as an essential part of the scientific and professional methods of nineteenth-century medicine. However, while The Hospital Pupil's Guide claims that mythological superstition has been superseded in medicine by positivist science, Keats's ode suggests that myth retains a central role in poetry, as the foundation of a poetic method that mediates between imaginative sympathy and objective impartiality.

scholarly journals AMENDMENTS TO THE CONSTITUTIONS OF THE REPUBLIC OF BULGARIA AND THE REPUBLIC OF KAZAKHSTAN: REGULATORY REQUIREMENTS AND ISSUES (COMPARATIVE ASPECTS)

2020 ◽  
pp. 80-88
Author(s):  
Y. Stoilov
Keyword(s):  
Legal Theory ◽  
Theory And Practice ◽  
Solid Core ◽  
Regulatory Requirements ◽  
National Assembly ◽  
The Republic ◽  
The Way

The article compares conditions and procedures for the adoption of Constitution and amendments to thecurrent constitution between the Republic of Bulgaria and the Republic of Kazakhstan. The criteria used inthe legal theory for the classification of the constitutions according to the way of their change are used. Bothconstitutions refer to the category of the hard. Bulgaria has a solid core of the constitution, which can onlybe changed by a specially elected institution — a Great (Grand) National Assembly. In Kazakhstan there areeven texts that are not subject to change. The experience of several changes to the two basic laws has beenconsidered. Whit them some of the questions have been answered by juridical theory and practice, whileothers remain open. At the end, conclusions are drawn from the parallel between the changes to the bothconstitutions, some of which are of universal significance.

scholarly journals A double-loop evaluation process for MOOC design and its pilot application in the university domain

2017 ◽  
pp. 433-448
Keyword(s):  
Open Access ◽  
Online Courses ◽  
Evaluation Process ◽  
Theory And Practice ◽  
Massive Open Online Courses ◽  
Double Loop ◽  
Massive Open Online ◽  
Know How ◽  
The University ◽  
The Way

The diffusion of Massive Open Online Courses (MOOCs) is significantly changing the way people learn and update their knowledge and competencies. Although the benefits characterizing MOOCs, which leverage on free and open access to know-how and digitized materials, there are some challenges which call for improving and enhancing the existing methods and approaches for MOOCs design. By combining theory and practice, this paper presents a process of MOOCs design based on a double-loop phase of evaluation. Specifically, the paper provides evidences on how to take advantage of the learners’ and teachers’ feedback to redesign or rethink the course’s architecture, and especially the storyboard and blueprint. A pilot application of the proposed approach has been made to design a course dealing with entrepreneurship domain, and in particular with crowdfunding. The results of the application are presented to validate the approach and provide teachers and course’s designers with some recommendations.

scholarly journals The reflective information literacy educator

2012 ◽  
Vol 4 (1) ◽  
Author(s):  
Andrew Whitworth
Keyword(s):  
Higher Education ◽  
Professional Development ◽  
Information Literacy ◽  
Higher Education Institutions ◽  
Theory And Practice ◽  
Raising Awareness ◽  
Effective Use ◽  
The Way

The shift in perception, from librarians as providers of information to librarians as educators in the effective use of information, requires the profession to become aware of differing approaches to the development of teaching and of the professional consciousness of educators: also of the way certain forms of teaching and CPD are privileged over others within higher education institutions, and why. This paper reports on and synthesises a range of theoretical works in this area, to explain how becoming an effective information literacy educator requires not just an awareness of practice, but developing it, through a continous interaction between theory and practice. The librarian-as-educator must engage in professional development practices which, ultimately, require the continuous questioning of the very foundations of IL, and work actively towards raising awareness of these processes throughout their institutions.

Debating points of accounting to reflect escrow account transactions by the developer organization

2021 ◽  
Vol 22 (4) ◽  
pp. 438-458
Author(s):  
Margarita F. SAFONOVA ◽  
Yuliya V. MARCHENKO
Keyword(s):  
Analytical Methods ◽  
Balance Sheet ◽  
Theory And Practice ◽  
Housing Construction ◽  
Project Financing ◽  
Practical Applications ◽  
Construction Companies ◽  
Business Entities ◽  
The Way

Subject. This article discusses the issues of reflection of information on settlements with equity construction investors both on off-balance and balance sheet accounts of the developer. Objectives. The article aims to determine the extent of the transition to project financing of housing construction using escrow accounts, explore options for accounting for incoming funds of equity construction investors, and develop a methodology that helps avoid tampering with the balance sheet total of developers. Methods. For the study, we used induction, deduction, analysis, synthesis, and the calculation and graphic, monographic, and accounting and analytical methods. Results. In some cases, the findings have revealed significant discrepancies the way funds available to escrow accounts get accounted for. An analysis of the causes of these deviations confirms the need to develop an off-balance sheet accounting methodology. Conclusions and Relevance. The updated methodology is structured in such a way that the investors' funds are accounted by the developer in one account, another account is used for settlements with the equity construction investors, and the funds placed by the bank on the escrow accounts are reflected in the off-balance sheet of the developer, without misrepresenting the balance sheet total. The results can be used in the theory and practice of construction companies in the process of accounting and reporting by business entities of various forms of ownership, as well as for further scientific developments and practical applications.

Technosocial Space

2010 ◽  
pp. 54-69 ◽  
Author(s):  
Anne Sofie Laegran
Keyword(s):  
Rural Communities ◽  
Theory And Practice ◽  
Space And Place ◽  
The Internet ◽  
Place And Space ◽  
Identity Markers ◽  
A Site ◽  
Different Levels ◽  
The Way ◽  
Internet Cafes

The chapter is based on a study of Internet cafés in Norway, and interrogates the way space and place is produced in interconnections between people and technology in the Internet café. Drawing on actornetwork theory and practice-oriented theories of place and space, the Internet café is understood as technosocial spaces producing connections between people and places at different levels. Firstly, the Internet café can be understood as a hybrid, a site where users and technologies as well as space are coconstructed in entwined processes where gender, as well as other identity markers, are central in the way the technology, as well as the cafés, develop and are understood. The next level looks at the production of Internet cafés as technosocial spaces. Despite being perceived as an “urban” and “global” phenomenon, Internet cafés are configured based on local circumstances, in urban as well as rural communities. Differing images of what the cafés want to achieve, as well as material constrains, are at play in this process. Finally, the chapter shows how Internet cafés are places of connections, producing space beyond the walls of the café, linking the local into a translocal sphere.

At the Crossroads: Justus Lipsius and the Early Modern Development of International Law

2007 ◽  
Vol 20 (1) ◽  
pp. 65-88 ◽  
Author(s):  
HALVARD LEIRA
Keyword(s):  
Early Modern ◽  
International Law ◽  
Natural Law ◽  
Theory And Practice ◽  
The Enlightenment ◽  
Modern Age ◽  
Modern Development ◽  
The Many ◽  
Late Renaissance ◽  
The Way

Justus Lipsius (1547–1606) was among the most famed intellectuals in his time, but was largely forgotten during the Enlightenment. Intellectually, he stood at an important crossroads, his thought incorporating both late Renaissance traits and precursors of the early modern age. In this article I give a brief intellectual background to Lipsius's thought before concentrating on his thought regarding the lawful interaction between polities, with a focus on lawful government, dissimulation, war, and empire. I then detail the way in which Lipsian thought critically informed later theory and practice. It contained an eclectic mix of divine law, natural law, and positive human law, with some elements borrowed and popularized from earlier writers and others being more original. In the end, his work stands out both as an important inspiration for later theorists and practitioners, and as an example of the many idiosyncrasies and possible trajectories that early international law could have adopted.

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