scholarly journals A Profusion of Chancery Reform

2004 ◽  
Vol 22 (3) ◽  
pp. 609-614 ◽  
Author(s):  
James Oldham
Keyword(s):  
First Principles ◽  
Contract Law ◽  
The Other ◽  
Good Measure ◽  
Legal Doctrine ◽  
Legal Jurisdiction ◽  
The One ◽  
Proper Subject

The refrain that law and equity cannot peaceably cohabit the same court is familiar and persistent. In his 1790 treatise on contracts, Joseph Powell protested that blending law and equity was “subversive of first principles.” He claimed, “That a right in itself purely legal cannot be the proper subject of discussion in a jurisdiction purely equitable, and that a right purely equitable, cannot be the proper subject of a purely legal jurisdiction, are axioms that cannot be denied,” adding for good measure: “It is a proposition as self-evident as that black is not red, or white black.” Almost two centuries later, in a provocative 1974 essay called The Death of Contract, Grant Gilmore asserted that the legal doctrine of consideration in contract law and the equitable doctrine of promissory estoppel were like “matter and anti-matter,” and “The one thing that is clear is that these two contradictory propositions cannot live comfortably together: in the end one must swallow the other up.”

scholarly journals Rationales and Applications of Mutuality of Obligations in Iranian Contract Law

2016 ◽  
Vol 10 (12) ◽  
pp. 132
Author(s):  
Majid Sarbazian ◽  
Soroush Rostamzad Asli
Keyword(s):  
Contract Law ◽  
The Other ◽  
Legal Doctrine ◽  
Main Challenge

In Iranian laws, commitment is exchangeable if it is of proper and rational interest. In exchangeable contracts, it needs that parties perform their commitments mutually and in the case of not performing the commitments by one party, another one can refuse its commitments as called lien. There are also cases in which some terms are cancelled since they destroy the powers of one party to enforce the other party in performing his commitment. On this basis, the main challenge of present paper is to study the nature and status of mutuality of obligations doctrine in Iranian laws and studying its basics and implications. At the end, it is recognized that although mutuality of obligations is not raised in Iranian laws as a legal doctrine, it is effective in shaping and undertaking an exchangeable commitment.

Disagreement, design, and Thomas Reid

2014 ◽  
Vol 41 (S1) ◽  
pp. 224-239 ◽  
Author(s):  
René van Woudenberg
Keyword(s):  
First Principles ◽  
The Other ◽  
First Principle ◽  
Basic Design ◽  
Thomas Reid ◽  
Epistemology Of Disagreement ◽  
The One

This paper argues that Reid's first principle of design can be more widely accepted then one might suppose, due to the fact that it specifies no marks of design. Also it is explicated that the relation of the principle, on the one hand, and properly basic design beliefs on the other, is a relation of presupposition. It is furthermore suggested that Reid's discussion of what can be done in case of disagreement about first principles points to a position that is relevant to the current debates in the Epistemology of Disagreement literature and that merits further elaboration.

scholarly journals Digital Technology as a Challenge to European Contract Law

2017 ◽  
Vol 13 (3) ◽  
Author(s):  
Stefan Grundmann ◽  
Philipp Hacker
Keyword(s):  
Digital Technology ◽  
Big Data Analytics ◽  
Contract Law ◽  
Regulatory Framework ◽  
The Other ◽  
Digital Content ◽  
European Contract ◽  
Digital Platforms ◽  
Digital Objects ◽  
The One

AbstractOffering an overview of the interactions between digital technologies and contract law, we identify three pillars in this architecture: the regulatory framework; digital interventions over the life cycle of the contract; and digital objects of contracting. The regulatory framework, which itself may draw on digital technology to effectively pursue its ends, shapes, and is shaped by, the other two pillars. More specifically, on the one hand, we show how four key technologies – digital platforms, Big Data analytics, artificial intelligence, and blockchain – are being used at different stages of the contractual process (from the screening for contractual partners to formation, enforcement and interpretation) and engender novel market dynamics that, in many instances, necessitate regulatory responses. On the other hand, digitally facilitated contracting increasingly relates to digital content as the object of the contract; however, while this area has notably been the subject of the proposed Directive on Contracts for the Supply of Digital Content and thus has received some first ‘European structure’, we argue that a number of important blind spots remain that fail to be addressed by the directive. All in all, the use of digital technology in contracting will likely reinforce an adaptive, relational view and practice of contracting. This increased fluidity engenders a vast potential for preference-conforming, time-sensitive contracts; however, to the extent that it also mirrors novel asymmetries of information and power, the ordering mechanisms of the law may simultaneously be more needed than ever.

scholarly journals IV.—Note on the Hordwell and other Crocodilians

1887 ◽  
Vol 4 (7) ◽  
pp. 307-312 ◽  
Author(s):  
R. Lydekker
Keyword(s):  
The Other ◽  
The One ◽  
Proper Subject

The two admirable summaries of our knowledge of fossil Crocodilia recently published by Mr. A. Smith Woodward—the one relating to British forms, in this Magazine, and the other, comprising the whole order, in the “Proceedings of the Geologists' Association”—render it a comparatively easy matter to find out what is known concerning any particular species or genus; and I may accordingly at once proceed to the proper subject of this paper.

Desire all the way down

2000 ◽  
Vol 26 (1) ◽  
pp. 137-139 ◽  
Author(s):  
ROXANNE LYNN DOTY
Keyword(s):  
International Relations ◽  
Social Theory ◽  
First Principles ◽  
International Relations Theory ◽  
The Other ◽  
Ir Theory ◽  
The Unconscious ◽  
Metaphysical Foundation ◽  
The One ◽  
The Way

Alex Wendt's Social Theory of International Politics demonstrates perhaps more long and hard thought about social theory and its implications for international relations theory than most international relations scholars have dared to venture into. He admirably attempts to do in an explicit manner what most scholars in the discipline do only implicitly and often accidentally: suggest a social theory to serve as the foundation for theorizing about international relations. However, there are problems with his approach, a hint of which can be found in the epigraph he has chosen: ‘No science can be more secure than the unconscious metaphysics, which tacitly it presupposes’. Because metaphysics cannot ultimately be proven or disproved, it is inherently insecure. The insecurity and instability of the metaphysical presuppositions present in Social Theory are not difficult to find, and what Wendt ends up demonstrating, despite his objective not to, is the absence of any secure, stable, and unambiguous metaphysical foundation upon which IR theory could be firmly anchored. Indeed, what Social Theory does illustrate is that there is no such ultimate centre within the discipline except the powerful desire to maintain the illusion of first principles and the essential nature of things. If I may paraphrase Wendt, this is a ‘desire all the way down’ in that it permeates his relentless quest for the essence of international relations. Two goals characterize this desire: on the one hand, to take a critical stance toward more conventional international relations theory such as neorealism and neoliberalism; on the other, to maintain unity, stability, and order within the discipline. Social Theory oscillates between these two goals and in doing so deconstructs the very foundations it seeks to lay.

scholarly journals Legal doctrine as a result of courts’ enforcement activity

2020 ◽  
pp. 54-62
Author(s):  
Parkchomenko Natalia
Keyword(s):  
Law Enforcement ◽  
The Other ◽  
Legal Doctrine ◽  
Standard Case ◽  
Judicial Practice ◽  
Legal Effect ◽  
Judicial Doctrine ◽  
The One ◽  
Definition Of ◽  
Enforcement Activity

The conceptual approaches to determine the essence and a concept of a legal doctrine as a source of law were found. The value of generally accepted principles of State’s and law development in the process of legislation activity and enforcement, including the interpretation rules of law, was highlighted. Although, the legal doctrine could change in nature, that determines its essence, content and mission. So the purpose of this research, accordingly, is to figure out the essence and concept of legal doctrine that is emerging in a result of the consolidation of courts’ enforcement and law interpretation practice. On the one hand, law enforcement and law interpretation by judicial authority must be based on the achievements in the legal science. On the other hand, it serves as a court-made doctrine. It creates the conceptual approaches to overcome gaps in a law and to improve a law enforcement. It influence on the development of legal system and system of law. It was concluded that judicial doctrine is formed by a formulation of typical approaches, established to solving specific cases. Introduction to the Ukrainian legislation such notions as “exemplary case” and “standard case”. This above mentioned is an important step to the increasing importance of judicial doctrine and recognition of its role as a source of law in Ukraine. Thus the perception of law, judicial practice, judicial legislation in society is changing. Also, in our review, the legal construction of the definition of The Supreme Court’s conclusions legal effect requires the enhancement. That is due to their binding nature, as enshrined in the Constitution of Ukraine. Only on that condition, the increasing of effectiveness of judicial enforcement and perception of judicial doctrine as a source of law may be expected.

scholarly journals A plea for syntax and a return to first principles: monstrous agreement in Tamil

2011 ◽  
Vol 21 ◽  
pp. 674 ◽  
Author(s):  
Sandhya Sundaresan
Keyword(s):  
First Principles ◽  
Full Range ◽  
The Other ◽  
Left Periphery ◽  
Contextual Features ◽  
The Subject ◽  
The One ◽  
Dravidian Language

The paper focuses on an interesting form of (person) indexical shift in the Dravidian language Tamil which surfaces as 1SG agreement marking in a clause embedded under a speech predicate. I show that this agreement is an instance of indexical shift and label it "monstrous agreement". However, I demonstrate that its full range of empirical properties cannot be adequately explained by the major analyses of indexical shift in the literature. The bulk of these, I argue, in addition to being predominantly semantic in spirit, and thus ill-equipped to deal with a morphosyntactic phenomenon like agreement, also involve two core misconceptions regarding indexicality vs. logophoricity on the one hand and speech vs. attitude predicates on the other. I propose that these core assumptions be strongly re-evaluated from first principles and that syntactic and typological clues on the subject be paid more heed. I propose a new analysis of the Tamil paradigms which derives indexical shift within an enriched grammatical model involving contextual features instantiated in a structurally articulated cartographic left periphery.

Das Maßlose Begreifen. Gott als Gegenstand der Theologie bei vier scholastischen Autoren (13./14. Jahrhundert)

2018 ◽  
Vol 23 (1) ◽  
pp. 160-175
Author(s):  
Florian Wöller
Keyword(s):  
Human Mind ◽  
Scientific Discipline ◽  
The Other ◽  
Theory Of Knowledge ◽  
Human Cognition ◽  
John Duns Scotus ◽  
Concept Of God ◽  
The Subject ◽  
The One ◽  
Proper Subject

AbstractThis article examines four medieval views on the subject of theology. Thomas Aquinas, Giles of Rome, John Duns Scotus, and Peter Auriol were all confronted with an idea based on Aristotle’s theory of knowledge according to which any scientific discipline is unified by its proper subject. In defining this subject of theology, however, the theologians had to confront one thorny problem: God, whom they considered to be the subject of theology, cannot be grasped by any concept accessible to the human mind. In their respective discussions, two distinct strategies to solving this puzzle emerged. Aquinas and Giles, on the one hand, argued for a concept proportionate to human cognition. This concept or ratio functioned as a placeholder for the quidditative concept of God. Scotus and Auriol, on the other hand, elaborated on a concept which they believed grasped God’s quiddity, albeit in a somewhat approximative way. Their theories, therefore, figure as attempts to find a concept, that is, the concept of being, that in itself was as boundless as to grasp God’s immensity.

scholarly journals Negotiation and mediation as a means of peaceful settlement of international economic disputes

2021 ◽  
Vol 11/2 (-) ◽  
pp. 16-18
Author(s):  
Maksym KOZLOVSKYI
Keyword(s):  
International Economic ◽  
International Relations ◽  
The Other ◽  
Third Party ◽  
Necessary Condition ◽  
Mediation Process ◽  
Compromise Solution ◽  
Legal Doctrine ◽  
Peaceful Settlement ◽  
The One

Introduction. Interstate interaction and integration, on the one hand, are the key to the successful functioning of humanity, and on the other hand, they provoke the emergence of international differences and conflicts, including those of an economic nature. Successful settlement of economic differences in accordance with the principle of peaceful settlement of international disputes is a necessary condition for strengthening and developing international cooperation. The issue of peaceful settlement of economic disputes, including through the use of diplomatic means, has been studied by such authors as I.V. Grynchak, О.M. Malysheva, Z.V. Tropin, etc. The purpose of the paper is to determine the specifics of negotiation and mediation as political ways to resolve economic disputes peacefully. Results. In international legal doctrine, the most common is the division of peaceful means of resolving international disputes into diplomatic (political) and legal (judicial). The most common are negotiations, good services and mediation, international arbitration. International negotiations, as part of the system of international relations, on the one hand, feel their influence, acting as a tool in solving a range of foreign policy and, in some cases, domestic policy problems, on the other – themselves affect international relations, largely defining and shaping them. The difference between mediation and negotiation is that a third party intervenes in the dispute resolution process with the aim of reconciling the parties. At the same time, the role of the mediator is quite passive, the purpose of his activity is to establish a constructive dialogue between the conflicting states. Therefore, the result of applying this method in some cases can only be reduced to the resumption of negotiations. Conclusion. Negotiation and mediation are diplomatic (political) means of peaceful settlement of international economic disputes. Such means of resolving international economic disputes are used in the presence of a common will of the parties to resolve the conflict, and a common focus on finding a mutually beneficial and compromise solution to the dispute. A key difference between negotiation and mediation is the involvement of a third party in the mediation process, which helps the parties to reach an agreed and compromise solution.

The future of contract law: Three conversations at the Cape

Acta Juridica ◽  
2021 ◽  
Vol 2021 ◽  
pp. 3-36
Author(s):  
R Brownsword
Keyword(s):  
Contract Law ◽  
Private Law ◽  
Legal Doctrine ◽  
The Third ◽  
The Future ◽  
Regulatory Approach ◽  
Rules And Principles ◽  
Consumer Contracts ◽  
The One ◽  
New Phenomena

This contribution considers the future of the English law of contract in the form of three conversations that are alert to the disruptive impact of technologies on both the content of legal rules and the way that lawyers think – and indeed on the kind of conversations that lawyers have with one another. The first conversation is concerned with ‘coherence’ in contract law, with the application of general principles to novel fact situations and to new phenomena, with the smoothing of tensions within the law, and with the internal integrity of legal doctrine. The second conversation focuses on a tension between, on the one hand, what may be called a traditional private law ‘coherentist’ concern for doctrinal integrity and the primacy of principle over policy and, on the other hand, a more ‘regulatory’ approach to contracts, especially to consumer contracts, in which policy and instrumental rationality prevail. The third conversation focuses on the use of emerging transactional technologies (such as blockchain-supported smart contracts and AI) that have the potential to displace the rules and principles of contract law. Instead of legal code governing transactions, might we find that technological coding does all the work, making, performing and enforcing ‘contracts’? Each conversation suggests a different future for contract law. The first conversation suggests that contract law will have difficulty in living up to the private law ideal of coherence; the second suggests that coherentism will struggle to survive as it is challenged by an increasingly regulatory approach to the governance of transactions; and the third suggests that, in a world of smart transactional technologies, there is a serious question mark about the relevance of contract law as a body of rules that governs transactions.

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