scholarly journals Genuine, Principled and Tactical Compromise

2021 ◽  
Vol 30 (2) ◽  
pp. 11
Author(s):  
Raphael Cohen-Almagor
Keyword(s):  
Mutual Recognition ◽  
Good Faith ◽  
Middle Ground ◽  
Mutual Respect ◽  
Essential Component ◽  
Made In

<p>This essay addresses the concept of compromise. When compromise takes place between two or more parties, reciprocity must be present; that is, the concessions are mutual. Genuine compromise is based on mutual respect and on genuine concessions between the parties. First, the concept of compromise is explained. Next, a relevant distinction is made between principled and tactical compromise. A principled compromise refers to a mutual recognition by each side of the other’s rights, which leads them to make concessions to enable them to meet on a middle ground. It is genuinely made in good faith and both sides reconcile themselves to the results. To illustrate I consider the need for compromise regarding praying area for women at the Western (Wailing) Wall, considered the holiest site in Judaism. The article proceeds by considering the notion of tactical compromise that reflects temporary arrangement reached as a result of constraints related to time. Here, in fact, agents do not give up any of their aims. They do not act in good faith and do not intend to meet their counterpart on a middle ground. Instead, they simply realize that the end could not be achieved at a given point of time, and they aim to reach it stage by stage. The essential component of compromise, namely mutuality, is lacking.</p>

The Sick Child's Predicament

1985 ◽  
Vol 19 (2) ◽  
pp. 130-137 ◽  
Author(s):  
David C. Taylor
Keyword(s):  
Good Faith ◽  
Social Organisation ◽  
Social Situations ◽  
Environmental Agents ◽  
Made In ◽  
Child Psychiatrists

There is widespread criticism of medicine which contrasts with its manifest success in biotechnology. Medicine's failure to convince stems partly from the fact that its successful biotechnology distracts it from the mundane task of responding appropriately to components of commonplace sicknesses which do not stem from disease (things) or illness (symptoms) but from predicaments. Predicaments are painful social situations or circumstances, complex, unstable, morally charged and varying in their import in time and place, which are readily discernible from a good history. Predicaments are distinguished from environmental agents by being an aspect of social organisation rather than structures. Dangerous and excruciating predicaments are described as well as the predicaments of being sick, and being in hospital. Child psychiatrists are often presented with problems where diagnosis of disease or illness in the child is inappropriate and resolution of its predicament alleviates the distress that had been presented in the language of sickness. The model is capable of broader application in psychiatry and medicine. Doctors should be more concerned to know about the context and background of their patients' sickness, as patients give this information very freely if asked. If patients' complaints are misunderstood then medical responses, made in good faith, may be seen as dangerous intrusions leading to a loss of trust, anger, and litigiousness.

scholarly journals DISPUTES SETTLEMENT OF BALI TRADITIONAL INHERITANCE THROUGH PEACE AGREEMENT

2021 ◽  
Vol 6 (1) ◽  
pp. 16-26
Author(s):  
Anak Agung Istri Agung ◽  
I Nyoman Sukandia
Keyword(s):  
Civil Code ◽  
Good Faith ◽  
Legal Certainty ◽  
Legal Research ◽  
Peace Agreement ◽  
Peace Agreements ◽  
The Law ◽  
Made In

The inheritance and the division of inheritance that is felt to be unfair is often a source of dispute. The disputes that occur can sometimes be resolved by making a peace agreement between the disputing parties. The peace desired by the parties is, of course, expected to end disputes/conflict and to provide legal certainty among those in dispute. However, sometimes peace agreements that have been made between those in dispute are disputed again in court. This study aims to examine the settlement of Balinese traditional inheritance disputes through a binding peace agreement between the parties make it. The method used in this study is a normative legal research, using a statute approach and a case approach. The result of this study showed that the settlement of Balinese indigenous inheritance disputes through a binding peace agreement of the parties that make it if the peace agreement is made based on the validity of the agreement as stipulated in article 1320 of the Civil Code, based on good faith as the principles in the law of the agreement, and must be made in the form of a notary deed is in accordance with the provisions for conciliation in book III of the Civil Code.  

African psychology and the emergence of the Madiban tradition

2017 ◽  
Vol 28 (1) ◽  
pp. 38-64 ◽  
Author(s):  
Augustine Nwoye
Keyword(s):  
Positive Attitude ◽  
Theoretical Framework ◽  
New Order ◽  
Mutual Respect ◽  
The Past ◽  
Western Psychology ◽  
The Right ◽  
Made In

The recent welcome inclusion of the study of African psychology within the psychology degree curriculum of some forward-thinking African universities has been lauded as a great positive drive in the right direction. In the past, the practices that prevailed were those of mainstream Western psychology imported to Africa. This awkward situation originated during the period of colonialism and the emergence of missionary Christianity in Africa. This article proposes that if the current positive attitude toward African psychology is to last and bear fruit, there is a need to formally inaugurate a new order or tradition (referred to in this paper as the Madiban tradition) that would anchor and open up the study of psychology in African universities towards a new future: a future in which the progressive arm of both Western and African approaches to psychology would coexist and enjoy enduring mutual respect and equitable participatory presence in these programmes. This paper highlights the theoretical framework undergirding this vision and the challenges to be faced and new shifts to be made in implementing such a vision.

An Unusual Case of Alleged Assault

1981 ◽  
Vol 21 (1) ◽  
pp. 66-68
Author(s):  
K. F. M. Pole
Keyword(s):  
Unusual Case ◽  
Good Faith ◽  
Made In

In a case of alleged assault, evidently made in good faith, the extensive injuries, after thorough examination, were considered to be due to accidental injuries sustained in a state of hysterical fugue.

scholarly journals Transfiguracja – Piękna złośnica Jacques’a Rivette’a w świetle mimo-sekularnej myśli o filmie i mediach światłowodowych

2021 ◽  
Vol 30 (39) ◽  
pp. 95-118
Author(s):  
Janusz Bohdziewicz
Keyword(s):  
Martin Heidegger ◽  
Creative Process ◽  
Biblical Studies ◽  
Mutual Respect ◽  
New Creation ◽  
The Bible ◽  
The World ◽  
The Media ◽  
Way Of Thinking ◽  
Made In

The essay is an interpretation of the film by Jacques Rivette La Belle Noiseuse (1991) within the context of post-secular studies. The sketch is inspired primarily by the writings of Martin Heidegger and Jean-Luc Nancy, and it also corresponds with the Bible and biblical studies. The author describes the creative process shown in the film as an act of salvation which occurs between the painter and his model. The hiding of the resulting image is understood here in relation to the passion, cross and burial of Jesus which brings the hope for a liberated life and “the new creation”. The film is made in a very consistent way, which opens up the perspective of crossing the world of images, paintings and classical films (the world of stage), towards the art of mutual respect (the world of interface). Rivette’s work contains a multitude of relevant observations and indications regarding psychology, religion and culture, but it also reveals the possibility of a new way of thinking about film and the media, close to Nancy’s post-metaphysical thought.

scholarly journals Empirical discourse analysis on correlations between exchange rate and exports

2013 ◽  
Vol 10 (2) ◽  
pp. 39
Author(s):  
Chayongkan Parnornmast ◽  
Kittisak Jermsittiparsert ◽  
Thanaporn Sriyakul
Keyword(s):  
Regression Analysis ◽  
Exchange Rate ◽  
Time Series Data ◽  
Good Faith ◽  
The Other ◽  
Cointegration Test ◽  
Series Data ◽  
Test Results ◽  
Public And Private ◽  
Made In

The objective of this study focuses on empirically analysing the discourse on the correlations between exchange rate and exports, which has been reproduced constantly and extensively in Thai society by authorities from academic circles and public and private sectors. Hence, this study analyses the time series data of exchange rate and exports by means of advanced statistical methodologies, the regression analysis and Johansen's cointegration test. The regression analysis finds that the exchange rate is negatively correlated to the exports, but Johansen's cointegration test results contrariwise that there is no cointegrating relationship in-between. Therefore, such a claim is not an error made in good faith but another example of domineering discourses enabling the elites to take advantages by disguising them as knowledge and truths, over which the other members in the society dare not to doubt nor dispute.

scholarly journals Adam Smith and the Social Foundation of Agreement: Walford v Miles as a Relational Contract

2017 ◽  
Vol 21 (3) ◽  
pp. 376-404 ◽  
Author(s):  
David Campbell
Keyword(s):  
International Trade ◽  
Adam Smith ◽  
Case Law ◽  
Good Faith ◽  
Economic Exchange ◽  
Mutual Respect ◽  
Relational Contract ◽  
The Social ◽  
Self Interest ◽  
The Law

That the reception in subsequent case law of Leggatt J's outstanding discussion of good faith in Yam Seng Pte Ltd v International Trade Corporation Ltd has been disappointing demonstrates the continuing failure to appreciate the normative constitution of economic exchange and the law of contract. This paper re-examines the concept of economic exchange which may be derived from the work of Adam Smith in order to show that Smith did not conceive of exchange as a system of solipsistic self-interest but as self-interest which is formed on the basis of the mutual respect of the parties to the exchange. The significance of Smith's views for the law of contract will be demonstrated by a re-examination of the rejection of good faith in Walford v Miles in light of those views. Whilst it is moot whether the law of contract should recognise a general doctrine of good faith, that law must become self-conscious of the mutual respect it requires of parties to a contract which is indicated in the concept of good faith.

scholarly journals Applying the Rules of Eviction in the Domestic Civil Law

Legal Concept ◽  
2020 ◽  
pp. 89-96
Author(s):  
Elvira Osadchenko
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Semantic Content ◽  
Good Faith ◽  
Third Party ◽  
Judicial Practice ◽  
Bona Fide ◽  
The Russian Federation ◽  
Contractual Obligations ◽  
Made In

Introduction: the paper is devoted to the study of certain problematic issues of eviction, which gives rise to the responsibility of an unscrupulous seller in the event of a third party claiming a thing. For this purpose, the author considers the concept and features of a bona fide buyer, identified by the civil doctrine and used by the judicial practice. Using the methods of scientific knowledge, primarily the method of system and comparative analysis, the author identifies the constituent features of “eviction” by applying an essential-substantival approach to the study of the concept of a bona fide purchaser. Results: it is found that the Civil Code of the Russian Federation does not contain a list of criteria confirming the good faith of a person. An attempt to develop such a list is made in the paper through the semantic content of the concept of good faith. Conclusions: the author concluded that fixing the eviction signs and the criteria of good faith in the civil legislation of the Russian Federation will make it possible to protect the interests of contractors, reduce the risks and protect the parties from possible fraudulent actions and most fully ensure the performance of contractual obligations primarily on the part of the seller.

scholarly journals New trends in the corporate achievement reporting system

2019 ◽  
Vol 191 (1) ◽  
pp. 135-148
Author(s):  
Ryszard Kaminski
Keyword(s):  
Reporting System ◽  
Mutual Recognition ◽  
Financial Information ◽  
Legal Regulations ◽  
Financial Problems ◽  
New Approach ◽  
Thematic Content ◽  
Business Reporting ◽  
System A ◽  
Made In

Nowadays, a characteristic phenomenon is the deepening of mutual integration between enterprises and their economic, social and environmental environment. It caused a change in thinking about the way enterprises communicate with external entities. The need has arisen for a new approach to the shape and range of the company’s reporting system. The answer covering this challenge is to extend the material scope of the company’s statements to non-financial information and the concept of mutual recognition of financial and non-financial information in one integrated report. These new trends in the system of reporting achievements by enterprises have been reflected in obligatory provisions and optional standards, both domestic and international. The purpose of this study is to discuss and evaluate those regulations. To attain that objective, the most critical challenges faced by the enterprise reporting system have been presented first. The findings confirmed that reporting of non-financial problems introduces to the reporting system a different perspective on the perception of the enterprise, which may be a source of additional benefits for both the enterprise itself and the addressees of the reports. Another conclusion that has been made in the course of deliberations is the statement that a useful concept of disclosing non-financial information is to integrate them with financial information in one coherent report. Furthermore, it has been shown that the principles of preparing the combined report and its thematic content meet the requirements set by the new EU and Polish legal regulations for the business reporting system

scholarly journals Analisis Yuridis Kekuatan Hukum Memorandum Of Understanding Yang Timbul Karena Hubungan Perdata Internasional Antara Negara Indonesia Dan Negara Australia

2020 ◽  
Vol 5 (2) ◽  
pp. 46-56
Author(s):  
Devie Devie
Keyword(s):  
Good Faith ◽  
Business World ◽  
Work Relations ◽  
Library Research ◽  
Library Studies ◽  
The Common ◽  
Cooperative Relationship ◽  
Permanent Form ◽  
Made In ◽  
Legal Force

Cooperation relationships governed by international civil law in the business world between 2 (two) countries or more generally use written agreements to obtain legal certainty for both parties and as a manifestation of good faith / good faith in establishing work relations. The form of cooperation in business between countries is often not made in a permanent form, on the grounds that it is only in the form of an agreement or an initial agreement, there are negotiations until only for consideration. This then becomes the background for the birth of a Memorandum of Understanding in business agreements between countries. The Memorandum of Understanding was initially only considered as a preliminary agreement that has no legal force in binding and forcing the parties concerned to fulfill their obligations and cannot be used as a means of proof in a court of law, this is the view of the general public and the court in a country adhering to the common legal system law, one of which is the state of Australia, whereas according to the Indonesian state which has no law in regulating the Memorandum of Understanding has the legal force in binding and forcing it like any other formal agreement, if it is linked to the Civil Code. The method used in researching this thesis is a type of normative legal research as a guideline for writing, where the author collects data through library research or the results of library studies by reviewing the laws of Indonesia and Australia as the main data in writing this thesis report with the help of journals -journals obtained from electronic means that discuss problems in this thesis report so that the author can conclude from the problem under study. Based on the results of research conducted by researchers, it can be concluded that a Memorandum of Understanding can be formed by two countries with different legal systems with the aim of creating a binding cooperative relationship and has the power to force both parties to fulfill obligations if there is an agreement between parties to state in the form of a Memorandum of Understanding there is an "intention to create legal relations" or intention to form a legal relationship.

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