scholarly journals Pacta sunt servanda versus the social role of contracts: the case of Brazilian agriculture contracts

2012 ◽  
Vol 50 (2) ◽  
pp. 207-221 ◽  
Author(s):  
Christiane Leles Rezende ◽  
Decio Zylbersztajn
Keyword(s):  
Transaction Costs ◽  
Social Role ◽  
Order Effects ◽  
Court Decisions ◽  
The Social ◽  
Strategic Reactions ◽  
The Difference ◽  
Marketing Contracts ◽  
Degree Of Instability

This study explores the instability created by contradictory court decisions related with contract breaches. Forward marketing contracts represent an important source of resources to finance Brazilian agriculture, however a large number of contract breaches were observed during a period of marked increase in soy prices. The study analyzed 161 judicial appeal decisions and a survey was carried with 70 farmers. The results show the difference of judges' interpretation and the existence of second order effects. The effects of court decisions were more requirements of guarantees and the reduction in the number of contracts. Those soybean farmers who did not breach their contracts have also been negatively affected by the strategic reactions of trading and processing companies. The concept of "social function of the contract" introduced in Brazilian civil code led to a higher degree of instability in contracts, raising transaction costs and motivating private economic sanctions.

Islamic Law of Inheritance: Ultimate Solution to Social Inequality against Women

2015 ◽  
Vol 29 (3) ◽  
pp. 261-273 ◽  
Author(s):  
Abdulmajeed Hassan Bello
Keyword(s):  
Social Inequality ◽  
Islamic Law ◽  
Social Role ◽  
The Social ◽  
Role Of Women ◽  
The Difference ◽  
The Right

According to the Sharīʿah, when someone dies, most of his rights are transferred to his heirs and representatives. These transferable rights include all rights to property, usufruct, and other dependent rights. The Islamic system of inheritance contains an extensive distributive scheme around the wider family circle. The difference between shares received depends upon the duties with which each person must cope. However, there is strong prejudice against the social role of women. Thus, a woman’s share of inheritance becomes meaningful when she gains the right to employ that share herself.

Synergetic Theory of Document in Evolution of Document Science

2018 ◽  
pp. 1060-1068
Author(s):  
Galina A. Dvoenosova ◽  
Keyword(s):  
Social Role ◽  
Scientific Study ◽  
Self Organization ◽  
Universal Theory ◽  
Social Self ◽  
Social Goal ◽  
The Social ◽  
Synergetic Theory ◽  
First Time

The article assesses synergetic theory of document as a new development in document science. In information society the social role of document grows, as information involves all members of society in the process of documentation. The transformation of document under the influence of modern information technologies increases its interest to representatives of different sciences. Interdisciplinary nature of document as an object of research leads to an ambiguous interpretation of its nature and social role. The article expresses and contends the author's views on this issue. In her opinion, social role of document is incidental to its being a main social tool regulating the life of civilized society. Thus, the study aims to create a scientific theory of document, explaining its nature and social role as a tool of social (goal-oriented) action and social self-organization. Substantiation of this idea is based on application of synergetics (i.e., universal theory of self-organization) to scientific study of document. In the synergetic paradigm, social and historical development is seen as the change of phases of chaos and order, and document is considered a main tool that regulates social relations. Unlike other theories of document, synergetic theory studies document not as a carrier and means of information transfer, but as a unique social phenomenon and universal social tool. For the first time, the study of document steps out of traditional frameworks of office, archive, and library. The document is placed on the scales with society as a global social system with its functional subsystems of politics, economy, culture, and personality. For the first time, the methods of social sciences and modern sociological theories are applied to scientific study of document. This methodology provided a basis for theoretical vindication of nature and social role of document as a tool of social (goal-oriented) action and social self-organization. The study frames a synergetic theory of document with methodological foundations and basic concepts, synergetic model of document, laws of development and effectiveness of document in the social continuum. At the present stage of development of science, it can be considered the highest form of theoretical knowledge of document and its scientific explanatory theory.

«Имперский синдром»: концепция османского халифата на Ближнем Востоке и в Южной Азии (первая четверть XX в.)

2019 ◽  
Author(s):  
S.A. Kirillina ◽  
A.L. Safronova ◽  
V.V. Orlov
Keyword(s):  
Middle East ◽  
South Asia ◽  
South Asian ◽  
Political Role ◽  
The Social ◽  
The Difference ◽  
Aspect Interaction ◽  
Muhammad Rashid Rida ◽  
Political Actions

Аннотация В статье изучены общие и специфические черты идейных воззрений, пропагандистской риторики и политических действий представителей халифатистского движения на Ближнем Востоке и в Южной Азии. В ретроспективном ключе прослеживается эволюция представлений о сущности и необходимости возрождения института халифата в трудах исламских идеологов, реформаторов и политиков Джамал ад-Дина ал-Афгани, Абд ар-Рахмана ал-Кавакиби, Мухаммада Рашида Риды, Абул Калама Азада. Внимание авторов сосредоточено на общественно-политических дискуссиях 2030-х годов XX столетия, а также на повестке дня халифатистских конгрессов и конференций этого периода. На них вырабатывались первые представления современников о пост-османском формате мусульманского единства и идейно-политической роли будущего халифата. Авторы демонстрируют различие между моделями реакции мусульман Ближнего Востока и Южной Азии на упразднение османского халифата республиканским руководством Турции. Установлена многоаспектная взаимосвязь между халифатистскими ценностями, проосманскими настроениями и формами самоотождествления, которые сложились в арабских и южноазиатских обществах. Отдельно намечено соотношение между подъемом халифатистских настроений и радикализацией антиколониальных действий мусульман Индостана.Abstract The article deals with analysis of common and specific features of ideas, propaganda, rhetoric and political actions taken by representatives of the movement for defense of the Caliphate in the Middle East and South Asia. The retrospection showing the transformation of conception of the Caliphate and the necessity of its revival in the works of eminent ideologists and politicians of the Muslim world Jamal al-Din al-Afghani, Abd al-Rahman al-Kawakibi, Muhammad Rashid Rida and Abul Kalam Azad, is also given in the article. The authors also focus on the social and political discussions of the 1920s 1930s, as well as on the agenda of Caliphatist congresses and conferences of this period. They helped to elaborate the early representations of post-Ottoman pattern of the Muslim unity and the ideological and political role of the future Caliphate. The authors demonstrate the difference between the forms of reaction of Muslims in the Middle East and South Asia to the repudiation of the Caliphate by the Republican leaders of Turkey. The article establishes a multi-aspect interaction between the Caliphatist values and forms of self-identification, emerged in Arab and South Asian societies. The correlation between the rise of Caliphatist attitudes and radicalization of anti-colonial actions of South Asian Muslims is also outlined.

Coinage and the Tributary Mode of Production

2018 ◽  
Author(s):  
Eduardo Manzano Moreno
Keyword(s):  
Roman Empire ◽  
Middle Ages ◽  
Social Role ◽  
State Of The Art ◽  
Early Middle Ages ◽  
The Social ◽  
Simple Question ◽  
Mode Of Production

This chapter addresses a very simple question: is it possible to frame coinage in the Early Middle Ages? The answer will be certainly yes, but will also acknowledge that we lack considerable amounts of relevant data potentially available through state-of-the-art methodologies. One problem is, though, that many times we do not really know the relevant questions we can pose on coins; another is that we still have not figured out the social role of coinage in the aftermath of the Roman Empire. This chapter shows a number of things that could only be known thanks to the analysis of coins. And as its title suggests it will also include some reflections on greed and generosity.

Ivory in the Chalcolithic enclosure of Perdigões (South Portugal): the social role of an exotic raw material

2015 ◽  
Vol 47 (3) ◽  
pp. 390-413 ◽  
Author(s):  
António Carlos Valera ◽  
Thomas Xaver Schuhmacher ◽  
Arun Banerjee
Keyword(s):  
Social Role ◽  
Raw Material ◽  
The Social ◽  
South Portugal

Causes of disease and causes of death

1997 ◽  
Vol 12 (2) ◽  
pp. 189-198 ◽  
Author(s):  
K. CODELL CARTER
Keyword(s):  
Causes Of Death ◽  
Social Role ◽  
Parallel Change ◽  
The Social ◽  
Causes Of Disease ◽  
Apparent Reason ◽  
Almost All ◽  
Causes Of Deaths ◽  
Fixed System

In early-nineteenth-century medical literature, one finds an elegant symmetry between causes of disease and causes of death: both were sufficient causes of particular events. However, as I will argue, by the end of the century physicians no longer sought sufficient causes of individual disease episodes – instead almost all of medical research was organized around the quest for necessary causes that were shared by all the episodes of each particular disease. Such causes carried great practical and theoretical advantages: they enabled physicians to control and to explain disease phenomena.One might wonder why there has been no parallel change in our thinking about causes of death; to this very day, causes of death are sufficient causes of particular events. In principle there is no apparent reason why we could not identify necessary causes for classes of deaths – indeed, we sometimes do so. But, in the case of death, such causes hold little interest. Because of how they are used, sufficient causes for individual deaths are more interesting and more important to us than are necessary causes of deaths. Thus, the change in thinking about causes of disease – the change that destroyed the symmetry between causes of disease and causes of death – may not reflect simply progress within a fixed system of medical goals and values, but a profound change in the social role of physicians.

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