Unity and Multiplicity in Contract Law: From General Principles to Transaction-Types

2019 ◽  
Vol 20 (2) ◽  
pp. 537-570
Author(s):  
Peter Benson
Keyword(s):  
Choice Theory ◽  
Contract Law ◽  
Distinctive Features ◽  
The Core ◽  
General Conception ◽  
The One ◽  
Contractual Relation ◽  
Alternative Understanding ◽  
Do So ◽  
Basic Contract

Abstract Modern contract law is characterized by a certain kind of unity and multiplicity. On the one hand, it establishes fundamental principles that apply to all contracts in general. But at the same time, it specifies further principles and rules for particular kinds of contracts or transaction-types that mark out their distinctive features, incidents and effects. Clearly, a viable theory of contract law should be able to provide a suitable account of both aspects. The central critical contention of The Choice Theory of Contracts is that all prior approaches, in particular rights-based theories, have failed to do so. Indeed, Dagan and Heller argue that only a theory that explains the settled rules of contract law as teleologically oriented toward facilitating individuals’ pursuit of their different substantive goods, and thus as primarily power-conferring in this particularly robust sense, can provide the needed account. Such a theory, they believe, would be not only interpretatively accurate with respect to the actual law but also fully acceptable as a liberal view of contract. This Article challenges the core contentions of choice theory, suggesting why it may be unable to meet its own goal of explaining how contract law coherently specifies and integrates the general and specific dimensions of enforceable agreements. The Article looks into basic contract doctrines in order to specify a general conception of the contractual relation that can meet this desideratum and it sketches how, beginning with that conception, contract law unfolds a rich multiplicity of transaction-types. The resulting view is liberal but rights-based rather than teleological, and it proposes an alternative understanding of how the rules of contract law are power-conferring as well as duty-imposing.

scholarly journals Mandevillian Virtues

2021 ◽  
Author(s):  
Mandi Astola
Keyword(s):  
Recent Literature ◽  
Collective Intelligence ◽  
Cognitive Task ◽  
Virtue Theory ◽  
Collective Good ◽  
Distinctive Features ◽  
The Core ◽  
Cognitive Traits ◽  
Collaborative Activities ◽  
Do So

AbstractStudies in collective intelligence have shown that suboptimal cognitive traits of individuals can lead a group to succeed in a collective cognitive task, in recent literature this is called mandevillian intelligence. Analogically, as Mandeville has suggested, the moral vices of individuals can sometimes also lead to collective good. I suggest that this mandevillian morality can happen in many ways in collaborative activities. Mandevillian morality presents a challenge for normative virtue theories in ethics. The core of the problem is that mandevillian morality implies that individual vice is, in some cases, valuable. However, normative virtue theories generally see vice as disvaluable. A consequence of this is that virtue theories struggle to account for the good that can emerge in a collective. I argue that normative virtue theories can in fact accommodate for mandevillian emergent good. I put forward three distinctive features that allow a virtue theory to do so: a distinction between individual and group virtues, a distinction between motivational and teleological virtues, and an acknowledgement of the normativity of “vicious” roles in groups.

scholarly journals Two aggregation paradoxes in social decision making: the Ostrogorski paradox and the discursive dilemma

Episteme ◽  
2006 ◽  
Vol 2 (2) ◽  
pp. 119-128 ◽  
Author(s):  
Gabriella Pigozzi
Keyword(s):  
Choice Theory ◽  
Social Choice Theory ◽  
Judgment Aggregation ◽  
Aggregation Method ◽  
Discursive Dilemma ◽  
The Core ◽  
Level Of Aggregation ◽  
The One ◽  
Social Decision Making ◽  
New Literature

ABSTRACTThe Ostrogorski paradox and the discursive dilemma are seemingly unrelated paradoxes of aggregation. The former is discussed in traditional social choice theory, while the latter is at the core of the new literature on judgment aggregation. Both paradoxes arise when, in a group, each individual consistently makes a judgment, or expresses a preference, (in the form of yes or no) over specific propositions, and the collective outcome is in some respect inconsistent. While the result is logically inconsistent in the case of the discursive paradox, it is not stable with respect to the level of aggregation in the case of the Ostrogorski paradox. In the following I argue that, despite these differences, the two problems have a similar structure. My conclusion will be twofold: on the one hand, the similarities between the paradoxes support the claim that these problems should be tackled using the same aggregation procedure; on the other hand, applying the same procedure to these paradoxes will help clarify the strengths and weaknesses of the aggregation method itself. More specifically, I will show that an operator defined in artificial intelligence to merge belief bases can deal with both paradoxes.

scholarly journals Gendered Nationalism, Neo-Nomadism, and Ethnic-Based Exclusivity in Kyrgyz, Kazakh and Uzbek Nationalist Discourses

2019 ◽  
Vol 7 ◽  
pp. 66-81
Author(s):  
Fabio Belafatti
Keyword(s):  
Gender Roles ◽  
The Other ◽  
Political Environment ◽  
Political Systems ◽  
The Core ◽  
Per Se ◽  
Gender And Nationalism ◽  
And Gender ◽  
The One ◽  
Do So

Existing literature on gender and nationalism has postulated that nationalist narratives tend to convey patriarchal and restrictive views of gender roles, with women’s domesticity and subordination at the core of such interpretations. This paper tests this theory by looking at three examples of state-sponsored or state-produced communication in Kazakhstan, Kyrgyzstan and Uzbekistan, arguing that the simple existence of a regime’s nationalist ideological orientation is not per se sufficient to explain or anticipate the kind of gender narratives a regime will adopt. Instead, the paper calls for an analysis of internal political mechanisms and incentives in order to explain and anticipate the specific forms that discourses around gender will take in a given political environment. In order to do so, it tries to combine the rational choice-based “Selectorate Theory” (Bueno de Mesquita et al., 2003) with existing literature on nationalism and gender, to define a connection between political systems on the one hand and discourses on the other.

Impact of monetary policy on economic growth in developing countries for 1990-2015 (Malaysia model)

2019 ◽  
pp. 16
Author(s):  
Fadhel Jawid Awad
Keyword(s):  
Economic Growth ◽  
Monetary Policy ◽  
Economic Policy ◽  
Development Process ◽  
The Core ◽  
Key Indicator ◽  
The One ◽  
Effect Of Monetary Policy ◽  
The Impact ◽  
Do So

Monetary policy is an important part in the general economic policy, most countries seek various economic doctrines to make the tools of monetary policy leads compatible with its objectives, including economic policy and the adequacy of work to do so.  The economic growth highlights the importance of a key indicator of economic activity in the country and whether it was in favor of the recession or prosperity and that the basic outcome of the development process, it is important that the study of the effect of monetary policy in the economic growth achieved. Perceived from the facts that there was a relationship between the nature of the monetary policy adopted in the country and the economic growth achieved by it, the core of the problem of research is the following question: is there an effect of monetary policy in the growth performance and the nature of the impact, if any.             In the same subject, Malaysia is one of those states that seek to achieve development and economic growth. And there is a strong correlation between the success of monetary policy in the use of tools to achieve its objectives on the one hand and between economic growth and development, on the other.

scholarly journals Stories of Traditional Magical Healing as Belief Narratives: Between the Supernatural and Secular(ised) Experience

2019 ◽  
Vol 64 (2) ◽  
pp. 453-482
Author(s):  
Smiljana Đorđević Belić
Keyword(s):  
Structural Stability ◽  
Codes Of Conduct ◽  
The Other ◽  
Distinctive Features ◽  
The Core ◽  
Semantic Fields ◽  
Social Positioning ◽  
The Everyday ◽  
Belief Narratives ◽  
The One

AbstractThis study analyses the distinctive features of stories of magical healing – thematic (meeting of the natural and supernatural as the core of the narrative), structural (stability of motifs, incorporation of other folklore genres – curses, blessings; didactic statements, cumulativity), and ideological (being based on a system of beliefs). In the genre system of folklore, stories of magical healing occupy a liminal space, right at the crossroads of two semantic fields, the demonologically coded and the secular(ised), as the connection with the supernatural is sometimes only latently present. On the one hand, they introduce mythologicaldemonological elements into the everyday, and on the other, they make abstract demonic content concrete by linking it to the plane of experience. Stories told by cunning folk about successful magical healing are an important factor in their social positioning and the verification of magical practice. The circulation of such stories within a community facilitates the creation of a picture of specific practitioners, the domain of their competences, and the effectiveness of the ritual acts. Viewed more broadly, it also creates ideas about the natural and the supernatural, the worldly and the otherworldly, eschatology, morality, and codes of conduct in the broadest sense, even when tradition is rationalised, subjected to doubt, or disagreed with.

The Salvage of Ideas: Schumpeter and the Core Problems Still Confronting Economics

2003 ◽  
pp. 15-26
Author(s):  
P. Wynarczyk
Keyword(s):  
The Other ◽  
The Core ◽  
Other Hand ◽  
The One

Two aspects of Schumpeter' legacy are analyzed in the article. On the one hand, he can be viewed as the custodian of the neoclassical harvest supplementing to its stock of inherited knowledge. On the other hand, the innovative character of his works is emphasized that allows to consider him a proponent of hetherodoxy. It is stressed that Schumpeter's revolutionary challenge can lead to radical changes in modern economics.

AFRICAN WOMEN AND FORBIDDEN GROUNDS: FEMALE SEXUALITY AND SELF-DETERMINATION IN AFRICAN LITERATURE

Imbizo ◽  
2017 ◽  
Vol 7 (1) ◽  
pp. 40-54
Author(s):  
Oyeh O. Otu
Keyword(s):  
Female Sexuality ◽  
Sense Of Self ◽  
African Literature ◽  
The Other ◽  
Self Determination ◽  
African Women ◽  
The Core ◽  
The Many ◽  
The One ◽  
Sexual Repression

This article examines how female conditioning and sexual repression affect the woman’s sense of self, womanhood, identity and her place in society. It argues that the woman’s body is at the core of the many sites of gender struggles/ politics. Accordingly, the woman’s body must be decolonised for her to attain true emancipation. On the one hand, this study identifies the grave consequences of sexual repression, how it robs women of their freedom to choose whom to love or marry, the freedom to seek legal redress against sexual abuse and terror, and how it hinders their quest for self-determination. On the other hand, it underscores the need to give women sexual freedom that must be respected and enforced by law for the overall good of society.

Challenging Gender Hierarchies in Narratives of the Nation: Representations of Women in Zintgraff and the Battle of Mankon and Hard Choice

Imbizo ◽  
2020 ◽  
Vol 11 (2) ◽  
Author(s):  
Naomi Epongse Nkealah ◽  
Olutoba Gboyega Oluwasuji
Keyword(s):  
The Other ◽  
Literary Texts ◽  
Gender Differentiation ◽  
Hard Choice ◽  
Other Hand ◽  
Gender Hierarchies ◽  
The Face ◽  
The One ◽  
Representations Of Women ◽  
Do So

Ideas of nationalisms as masculine projects dominate literary texts by African male writers. The texts mirror the ways in which gender differentiation sanctions nationalist discourses and in turn how nationalist discourses reinforce gender hierarchies. This article draws on theoretical insights from the work of Anne McClintock and Elleke Boehmer to analyse two plays: Zintgraff and the Battle of Mankon by Bole Butake and Gilbert Doho and Hard Choice by Sunnie Ododo. The article argues that women are represented in these two plays as having an ambiguous relationship to nationalism. On the one hand, women are seen actively changing the face of politics in their societies, but on the other hand, the means by which they do so reduces them to stereotypes of their gender.

Evaluation of Road Utilisation as Space For Holding Social Ceremonies in Indigenous Residential Area of Ogbomoso, Nigeria

2018 ◽  
Vol 1 (March 2018) ◽  
Author(s):  
S.A Okanlawon ◽  
O.O Odunjo ◽  
S.A Olaniyan
Keyword(s):  
Transport Infrastructure ◽  
Noisy Environment ◽  
Policy Makers ◽  
The Core ◽  
Local Roads ◽  
Strict Enforcement ◽  
The Mean ◽  
The One ◽  
The City ◽  
The Town

This study examined Residents’ evaluation of turning transport infrastructure (road) to spaces for holding social ceremonies in the indigenous residential zone of Ogbomoso, Oyo State, Nigeria. Upon stratifying the city into the three identifiable zones, the core, otherwise known as the indigenous residential zone was isolated for study. Of the twenty (20) political wards in the two local government areas of the town, fifteen (15) wards that were located in the indigenous zone constituted the study area. Respondents were selected along one out of every three (33.3%) of the Trunk — C (local) roads being the one mostly used for the purpose in the study area. The respondents were the residents, commercial motorists, commercial motorcyclists, and celebrants. Six hundred and forty-two (642) copies of questionnaire were administered and harvested on the spot. The Mean Analysis generated from the respondents’ rating of twelve perceived hazards listed in the questionnaire were then used to determine respondents’ most highly rated perceived consequences of the practice. These were noisy environment, Blockage of drainage by waste, and Endangering the life of the sick on the way to hospital; the most highly rated reasons why the practice came into being; and level of acceptability of the practice which was found to be very unacceptable in the study area. Policy makers should therefore focus their attention on strict enforcement of the law prohibiting the practice in order to ensure more cordial relationship among the citizenry, seeing citizens’ unacceptability of the practice in the study area.

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