The Last Tenth

2021 ◽  
pp. 175-182
Author(s):  
Christian Lund

This chapter argues that if possession is nine-tenths of the law — of property — then legalization is the last tenth: the persuasion that the possession is legal. This persuasion depends on legal posturing to produce an air of legality to make claims pass as legal. Legalization is about meaning and social contract. Dismissing law and property as a hoax or a sham in order to focus on “actual,” “factual” access, whether legalized or not, may effectively redact the production of meaning and social contracts in which people seem deeply engaged. The chapter then discusses the structural contingency of change and endurance, and the respective powers to fix and undo property. While all the implicated actors are law makers, in principle, they are not equally in control of its direction. Undoing competing claims often requires the momentary capacity of violence and abrogation, whereas entrenching new ones requires an enduring capacity to perpetuate the recognition of claims. Whereas institutionalization is an achievement demanding stamina, its destruction only has to succeed once.

Inter ◽  
2019 ◽  
Vol 11 (18) ◽  
pp. 55-79
Author(s):  
Elena Rozhdestvenskaya

The article deals with the changing social contract in the era of the 90s. Combined several levels of analysis: reconstruction of the era of the 90s by methods of public opinion polls and a qualitative analysis of narratives about the era of the 90s, representatives of various social groups (workers, employees / civil servants, entrepreneurs). If public opinion polls the most important events of the era, which made up the historical memory of the generation who participated in the changes of Russian society, the narratives of the 90s contain a description of the experience and reflection of social actors regarding the limits and possibilities of this era. The conceptual framework of the study describes the concept of a social contract as a balance of expectations between its performing individuals and social institutions. The social contract is operationalized as a set of action strategies that have been implemented by individuals and are the subject of their memories in the biographical interview mode. As a result of the study, a specifcation was made for representatives of the above-mentioned social groups of various social contracts that have undergone devaluation and changed during the 90s.


2008 ◽  
Vol 63 (3) ◽  
pp. 479-501 ◽  
Author(s):  
Dominique Peyrat-Guillard

This article proposes a study of the violation of contract process through a case study. The study is based on a discourse of the union, SUD Michelin, which is contrasted both with those of another union, the CFE-CGC Michelin and of the senior management of the corporation. The results highlight the possibility of applying Morrison and Robinson’s (1997) Psychological Contract Violation model at the social contract level. The emotional reactions appearing in the literature, which are associated with contract violations, can be seen in the union discourse of the SUD. The other union does not perceive any breach of contract. These differences may be attributed to the very nature of social contracts—relational in the first case, and more balanced in the second.


2021 ◽  
pp. 19-40
Author(s):  
Charles Devellennes

This chapter proposes a theory of the social contract, in the context of the gilets jaunes. This theory is detailed in the five chapters that follow. The theory proposed here is that the movement itself is best understood as a fundamental challenge to the existing social contract in France — and by extension to other social contracts throughout the world — and its history is not limited to the months of political turmoil it engendered in France or even to the past couple of years of political upheaval in the wider world, but it poses a challenge to the very future of political order. A rethinking of the social contract is necessary given this crisis, and framing the present political turmoil in philosophical terms will help shed some light on the opportunities for change that are arising, in part thanks to the movement.


Author(s):  
Grant D. Campbell

This paper compares information description in library cataloguing, the Semantic Web and the Web 2.0. It relates them to three separate but related principles in classical political economy: Thomas Hobbes’s state of nature, Jean-Jacques Rousseau’s social contract, and Adam Smith’s invisible hand.Cette communication compare la description de l’information dans les catalogues bibliographiques, le Web sémantique et le Web 2.0. Ces pratiques sont mis en relief avec trois principes distincts, mais connexes de l’économie politique classique : l’état de la nature de Thomas Hobbes, le contrat social de Jean-Jacques Rousseau et la main invisible d’Adam Smith.


1991 ◽  
Vol 1 (1) ◽  
pp. 23-51 ◽  
Author(s):  
Thomas W. Dunfee

Extant social contracts, deriving from communities of individuals, constitute a significant source of ethical norms in business. When found consistent with general ethical theories through the application of a filtering test, these real social contracts generate prima facie duties of compliance on the part of those who expressly or impliedly consent to the terms of the social contract, and also on the part of those who take advantage of the instrumental value of the social contracts. Businesspeople typically participate in multiple communities and, as a consequence, encounter conflicting ethical norms. Priority rules can be devised to resolve such conflicts. The framework of extant social contracts merges normative and theoretical research in business ethics and specifies a domain for empirical studies.


2017 ◽  
Vol 26 ◽  
Author(s):  
Myles McNutt

I explore how the controversy surrounding an LGBT story line on The 100 (2014–) points to the shifting social contracts of social media engagement between fans and the TV industry, as well as the challenges faced by fans and critics who attempted to solidify that contract in the wake of said controversy.


2021 ◽  
Vol 15 (1) ◽  
pp. 41-72
Author(s):  
Henok Kebede Bekele

Constitutions represent social contracts that accommodate subjective interests of groups within the framework of impersonal shared interests among citizens of the society at large.  This article examines the contemporary social contract theory in relation to the constitutional making process in Ethiopia. The lawmaking process of Ethiopia’s 1995 Constitution does not fulfil the procedural legitimacy of social contract because important sections of the society were neglected. The institutions created by the FDRE Constitution denote the subjectivist approaches to social contract theory thereby ignoring the impersonal interests of the society. To accommodate both the subjective ends and impersonal interests of the society, the Constitution should be reconstructed in light of the dualist contemporary social contract theory. This article argues that Ethiopia's contracting actors should consider both the subjective and impersonal interests of society. The article examines the conditions that make constitution a social contract. It also discusses the controversies concerning Ethiopia's Constitution in light of the theory of social contract, and tries to show what the Constitution should fulfil as a social contract in contemporary Ethiopia.


2021 ◽  
Vol 7 (2) ◽  
pp. 158-164
Author(s):  
Loredana VLAD ◽  

People are considered bio-psycho-social beings. From the beginning of mankind, violence as part of human nature has manifested itself in relation to the other through the crime committed by Cain against his brother Abel. As time passed, it was found that a form of protection is needed to prolong the life of the individual, and thus by accepting the "social contract", man gave up his natural state in which freedom was absolute, in order to obey the law. In this paper I will bring to the fore a series of considerations with a focus on violence, emphasizing the idea of the vice of consent.


Author(s):  
David Everatt

Social contracts are concerned with the legitimacy of the state over the individual. The social contract offers mutual benefit and reciprocal obligation and is intrinsic to liberalism’s assertion that freedom is normative and encroaching on freedom requires justification. The social contract is both a philosophical idea and a toolkit for defusing conflict and tying participants to core liberal values. Talk of new social contracts, including intergenerational contracts, focus on maintaining a peaceful status quo, not transcending it. For the Global South in general, and youth in particular, the experience is more contract and less social. There seems little opportunity for southern youth to move from the margins to center stage, mimicking the inability of the Global South to do the same. Southern youth bear the brunt of limited economic opportunities, precarious employment, inequality, racism, and violence, compounding their marginalized place in society. What value can social contracting play beyond a short-term band-aid, unless it incorporates a fundamental rupture with the past?


2008 ◽  
Vol 20 (1) ◽  
pp. 175-188
Author(s):  
Jana María Giles

This article explores the notion of Beckett as an ecocritical writer by considering Lawrence Buell's criteria for an environmentally-centered work in terms of Beckett's short prose piece "The End." As the nameless narrator moves from a monastic to a hermetic to a mendicant existence and then to death by suicide, he cycles between city and country, growing increasingly anonymous. Beckett casts doubt on the ethics of the "social contract," formed in human culture, and suggests that the "natural contract" between humans and their environment may be the viable one, although it may lead to relinquishment and death.


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