The Ambition of Public Justification in Contract

2021 ◽  
Vol 17 (2) ◽  
pp. 224-230
Author(s):  
Roy Kreitner

Abstract This review of Peter Benson’s Justice in Transactions focuses on the book’s attempt to combine the juridical vision of contract with contract’s social role in providing a coherent framework for market relations. The combination is challenging because the juridical conception ignores particular interests, needs, purposes, and preferences of contracting parties, while the market is precisely a system for satisfying needs or obtaining substantive satisfactions. The review suggests that Benson’s treatment of the combination is open to two readings: one reading claims that contract as we know it actually succeeds in achieving public justification; the other reading claims that contract could potentially be a justified institution, but only if the background regime of rights was transformed so that juridical and substantive equality were more closely aligned.

2021 ◽  
Vol 6 ◽  
Author(s):  
Anna Urbaniak

In the institutionalized life course transition from work to retirement is the transition that culturally defines the beginning of later life. However, there is no universal way of experiencing retirement or understanding retirees’ social roles. Especially in the context of the post-communist, liquid modern reality in Poland. The social role of the retiree, defined as a set of rules and expectations generated for individuals occupying particular positions in the social structure, is constructed at the intersection of what is culturally defined and individually negotiated. Therefore, the way in which individuals (re)define term “retiree” and “do retirement” reflects not only inequalities in individual resources and attitudes, but also in social structure in a given place and at a given time. In this contribution, I draw upon data from 68 qualitative interviews with retirees from Poland to analyze retirement practices and meanings assigned to the term “retiree.” Applying practice theory, I explore the inequalities they (re)produce, mirror and reinforce at the same time. Results show that there are four broad types of retirement practices: caregiving, working, exploring and disengaging. During analysis of meanings assigned by participants to the term “retiree,” two definitions emerged: one of a “new wave retiree” and the other of a “stagnant retiree.” Results suggest that in the post-communist context, retirement practices and meanings assigned to the term “retiree” are in the ongoing process of (re)negotiation and are influenced on the one hand by the activation demands resulting from discourses of active and productive aging, and on the other by habitus and imaginaries of retirement formed in the bygone communist era. Retirement practices and definitions of the term “retiree” that emerged from the data reflect structural and individual inequalities, highlighting intersection of gender, age and socioeconomic status in the (re)production of inequalities in retirement transition in the post-communist context.


Africa ◽  
1991 ◽  
Vol 61 (3) ◽  
pp. 299-317 ◽  
Author(s):  
Suzette Heald

AbstractThe literature has tended to deal with diviners only where they have been seen to play a notable role in the transformation of social relationships. This leads us to overlook their relative social invisibility in many African societies. Yet we may gain insight into the rise of prophets and charismatic healers by looking at the other side of this story in the multitude of very humble practitioners plying their trade. This is the context in which this article explores the role of diviners among the Gisu of Uganda.The privacy of consultation, the search for distant diviners, the way they are approached only at times of crisis and as agents of private counteraction or vengeance, go some way towards explaining why it is difficult for diviners to gain recognition. Added to which are the difficulties of another order which relate to what might here be regarded as divinatory success. For divination may be seen to fail at a number of different levels: in the lack of credibility of a given practitioner, i n a lack of unanimity among those consulted and in the multiplicity of causal agents evoked.An argument put forward here is that scepticism is endemic to the system and, possibly, distinctive to it. We should ask not, as Evans-Pritchard did, how belief i s sustained despite the presence of scepticism but what it is about these beliefs which encourages scepticism. It is not useful to explore this issue in terms of the rationality question or the ‘truth’ of belief systems. If we are to draw a comparison with modern attitudes, of greater significance are the organisation and differentiation of knowledge and its relationship to power. It is suggested that diagnostic systems used by societies such as the Gisu encourage an agnostic attitude in a way i n which those of the modern West do not.In the final part of the article the social role of divination is reconsidered and some of the positive functions proposed for it are questioned. Gisu divination can be seen to have evolved into a very narrow niche whose parameters are bound, on the one hand, by the limits of belief and, on the other, by a system of interpersonal vengeance. We may say that the socially marginal attributes of diviners, exclusively concerned with the negative aspects of social relationships, represent a real social marginality. At best they are agents by which the individual may be reconciled with harshnesses imposed by his own destiny, of ancestral affliction; at worst they are agents of individual vengeance and retribution. This may be taken as more or less disqualifying them from articulating a positive, future-oriented vision on behalf of the community. Clearly it is not impossible but it is a huge jump from these humble practitioners, interpreting the present in terms of the past and trading evil with evil at an individual level, to prophets capable of formulating a positive social vision, a means forward, on behalf of a wider moral or social community.


2005 ◽  
Vol 8 (2) ◽  
pp. 93-136 ◽  
Author(s):  
Stuart Needham ◽  
Sheridan Bowman

Thirty-six Atlantic flesh-hooks are documented, classified and discussed after critical evaluation of previously identified examples and the addition of new ones. A chronological progression is shown from the more simple classes to the more complex from 1300 to 800 cal BC, but even the latter examples begin as early as c.1100 cal BC. Although highly distinctive, the Atlantic series derives ultimately from similar hooked instruments to the east and newly recognized Sicilian examples introduce an alternative path of dissemination from the more usually accepted intermediary route of the Urnfield culture. The rarity of flesh-hooks is striking and understanding of their social role needs to take into account not only their marked individuality in terms of technological construction or iconographic features, but also their relationship to other contemporary prestige feasting gear. The distributions of flesh-hooks and rotary spits are mutually exclusive over most of Atlantic Europe; thus, not only did they function differently at a practical level, but also at an ideological one. On the other hand, flesh-hooks and cauldrons have very similar distributions but they have a paucity of direct associations. Rather than implying a limited functional relationship, this is interpreted as resulting from their different symbolic meanings and thus different depositional practices. The zoomorphic imagery encountered on Atlantic spits and occasionally on flesh-hooks is found to be unique to each instrument and thus seen to contrast with that of the Urnfield world, suggesting the signalling of tribal or clan identity rather than an over-arching symbolism.


2018 ◽  
Vol 72 (2) ◽  
pp. 376-398 ◽  
Author(s):  
Andreas Albertsen

While markets are widely lauded as efficient and attractive allocation mechanisms, their moral limits remain a source of controversy. The writings of G. A. Cohen provide an important contribution to this debate. Cohen offers two critiques of the market. One is a distributive critique, which maintains that markets fail in eliminating the influence of differential luck on people’s lives. The other is a community critique, maintaining that market relations fall short of a community of mutual caring. These critiques differ in important ways from critiques developed by Satz and Sandel, and suggest a need to assess markets beyond desperate exchanges and the adverse effects of incentives. Cohen’s work also points to how we can realize distributive justice and community. His solution utilizes the supply and demand mechanism of the market as a signaling device rather than an allocation mechanism. High wages signal the importance of a specific job, but wage differences are subsequently taxed away. This peculiar market arrangement relies on moral rather than economic incentives and only works if it is combined with a communitarian ethos. This ethos solution is evaluated in light of recent criticisms that it would compromise the freedom to pursue personal projects, that incentives may express community, and that the competition it utilizes mitigates against community. In the end, these critiques are not deemed persuasive.


2015 ◽  
Vol 8 (3) ◽  
pp. 167
Author(s):  
Innocent Sourou Koutchade ◽  
Severin Mehouenou

<p class="1"><span lang="X-NONE">This article attempts to explore male-female characters’ tenor of discourse in the novel entitled: <em>The Last of the Strong Ones</em> by Akachi Ezeigbo. According to Halliday’s (1978), the tenor of the discourse is the social role relationships played by interactants. It is associated with the grammar of interpersonal meanings which is, in turn, realized through the mood patterns of the grammar. The paper, through the analysis of mood system, modality and vocatives, reveals how male and female characters establish relationships between each other. The tenor of their discourse unveils how women are oppressed by patriarchy on the one hand, as well as how they fight against the system, on the other. From these linguistic choices, the work concludes that there exists an atmosphere of tension, distance, aggression and dominance between some characters of the novel. </span></p>


2019 ◽  
Author(s):  
Johannes Fioole

How much freedom from religion can a secular individual claim in a liberal democracy? How much freedom from religion is justified when considering religious individuals' liberties? By means of new realistic methods (Geuss), this study of political theory tries to give practical answers to these questions. In this book, we find that previous solutions generated by the public justification paradigm (Rawls, Audi, Habermas, Gaus, Cooke et al.) systematically result in a democratic trilemma. Instead, the individual sphere is proposed. This interplay between freedom, autonomy and privacy has an obligation to liberal institutional ethics. On the one hand, the theory of the individual sphere allows an individual to act according to his or her religious or secular ideas of what is good; on the other hand, it identifies contexts in which majority rule is justified.


2001 ◽  
Vol 13 (1-4) ◽  
pp. 293-309 ◽  
Author(s):  
Paul Kingston

AbstractThis essay examines the social role played by, and social reasons for, violence in the Islamic Middle East. In doing so, it aims to counteract a persistent tendency in the literature to igreore the complexity of the relationship between religion and violence, on the one hand, and larger issues of socio-political and economic change, on the other, in favor of a more simplistic approach that views so-called militant or radical Islam primarily as a cause of violence in the region. The essay argues that explanations of "religious" violence can never be divorced from a thorough understanding of the historical formation and present social dynamics of the various nation-states in the region.


Author(s):  
Alan Santana Rauschkolb ◽  
José Reinaldo Felipe Martins Filho

Abstract: this article is at the point of convergence between the universes of politics and religion, trying to demonstrate the limits of one against the other, especially in view of the growth of "ideologically converted" initiatives within the current Brazilian political scenario. To this end, it pursues and exposes the understanding of the English philosopher John Locke regarding the relationship between politics and religion from the concept of religious tolerance. For Locke, politics and religion represent two distinct spheres of human action, each of which is governed by an internal logic both as to its scope over individuals and as to its social role - the first directed to the sphere of security , order and maintenance of life and property and the second to the internal forum and the search for the salvation of souls. At the end of this study we intend to highlight how Lockean thought can contribute to the construction of a posture of openness to dialogue with differences, which the author has named: tolerance.Sobre os Limite entre a Religião e a Política: contributos de John Locke para se pensar o presenteResumo: o presente artigo situa-se no ponto de confluência entre os universos da política e da religião, procurando demonstrar os limites de um em face do outro, sobretudo em vista do crescimento de iniciativas “ideologicamente convertidas” dentro do atual cenário político brasileiro. Para isso, persegue e expõe o entendimento do filósofo inglês John Locke no que tange à relação entre política e religião a partir do conceito de tolerância religiosa. Para Locke política e religião representam duas esferas distintas da ação humana, sendo cada uma gerida por uma lógica interna tanto no que diz respeito ao seu alcance sobre os indivíduos, quanto no que se refere ao seu papel social – a primeira dirigida à esfera da seguridade, da ordem e da manutenção da vida e da propriedade e a segunda ao foro interno e à busca pela salvação das almas. Ao término deste estudo pretende-se realçar em quê o pensamento lockeano pode contribuir na construção de uma postura de abertura ao diálogo com as diferenças, o que o autor nomeou: tolerância.


2013 ◽  
Vol 4 (1) ◽  
pp. 44-60 ◽  
Author(s):  
Stéphanie Lopez

The aim of this paper is to describe the different uses of English phraseology and plain language within pilot-controller (or air-ground) communications via a comparative study between two collections of texts (corpora): one representing the prescribed norm and made up of examples of English from two phraseology manuals; the other consisting of the orthographic transcription of recordings of real air-ground communications. The comparative study is conducted at a lexical level. It focuses on the discrepancies observed in the distribution of the corpora lexicon. Our preliminary results indicate that, in real air-ground communications, pilots and controllers tend to use more “subjectivity” markers (pronouns, courtesy expressions) than prescribed by the linguistic norm. This observation reflects their needs to use the language in its social role. A description of the different markers introducing subjectivity in air-ground communication can help understand the use of a more natural language in radiotelephony. In the long run, the results from the comparative study can be used to improve English radiotelephony teaching.


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