scholarly journals Evidence for third-party mediation but not punishment in Mentawai justice

2021 ◽  
Author(s):  
Manvir Singh ◽  
Zachary H Garfield
Keyword(s):  
Family Members ◽  
Third Parties ◽  
Third Party ◽  
Small Scale ◽  
Government Officials ◽  
Local Leadership ◽  
Governmental Intervention ◽  
Related Individuals

Researchers argue that third-party involvement is critical for sustaining human cooperation, yet how third parties contribute remains unclear, especially in small-scale, politically decentralized societies. In a study of wrongdoing and punishment among the Mentawai horticulturalists of Indonesia, we test two hypotheses of third-party involvement: punishment and mediation. From a sample of 444 transgressions, most of which were followed by the payment of a fine (usually in pigs, durian trees, etc.), we find no evidence of third-party punishment. Victims or aggrieved family members demanded fines, and if an aggressor was punished for failing to pay, punishment was always imposed by the victim or an aggrieved party and never by third parties. We also find little evidence of indirect sanctions by third parties. Nearly 20% of transgressions were followed by no punishment, and as predicted by dyadic models of punishment, punishment was less likely when transgressions were among related individuals. At the same time, third parties—especially shamans and elders—were often called as mediators, and mediators were called more as cooperation was threatened. Moreover, government officials appear to fill similar roles as community mediators, demonstrating how governmental intervention might contribute to the decline of local leadership institutions. These findings suggest that, among the Mentawai, institutionalized punishment functions more to restore dyadic cooperation than to enforce norms.

scholarly journals Striking a balance: resolving conflicts between the duty of confidentiality and duties to third parties in genetics

Legal Studies ◽  
2018 ◽  
Vol 38 (4) ◽  
pp. 645-665
Author(s):  
Naomi Hawkins ◽  
Timon Hughes-Davies
Keyword(s):  
Family Member ◽  
Genetic Information ◽  
Family Members ◽  
Third Parties ◽  
Third Party ◽  
Legal Rights ◽  
Duty Of Care ◽  
Healthcare Practitioner ◽  
Party Family

AbstractGenetic information is relevant not only to the patient, but also to their family. Where a patient refuses to share that information with family members, then their legal rights may conflict. This paper focuses on that conflict between the rights of individuals and the rights of third parties. We first examine the nature of the duty of confidence as it applies in these circumstances, and the extent to which it can appropriately accommodate the familial nature of genetic information. We then consider the situations in which a healthcare practitioner might owe a third-party family member a tortious duty of care. We conclude that in most cases, there will be no duty owed to third parties, but that in certain limited circumstances, a duty of care should arise.

scholarly journals The role of third parties in norm enforcement in customary courts among the Enga of Papua New Guinea

2020 ◽  
Vol 117 (51) ◽  
pp. 32320-32328
Author(s):  
Polly Wiessner
Keyword(s):  
Papua New Guinea ◽  
Rapid Change ◽  
Community Support ◽  
New Guinea ◽  
Third Parties ◽  
Third Party ◽  
Small Scale ◽  
Cultural Norms ◽  
Norm Enforcement ◽  
Customary Court

Cultural norms are key to cooperation in human societies. How they are regulated, maintained, and adapted to the change remains a matter of debate. Humans have dispositions for both retributive and restorative justice; recent focus has been on third-party punishment, punitive sanctions by those not directly harmed, as key for norm enforcement. However, punishment does not engage the essential proficiencies and emotions critical to cooperation in small-scale societies with high dependence on collective action, sharing, and exchange. Third-party participation in norm enforcement is examined with data from a 10-y study among the Enga of Papua New Guinea. The Enga have a plural justice system with formal courts practicing retributive justice and customary courts applying restorative measures. Most cases are brought to customary courts. Drawing on observations from 333 village customary court cases concerning assault, marriage, land, and property violations, third-party engagement outside of and during customary court hearings is analyzed. Results show that all sides are heard, restoration is prioritized, and third-party punishment is rare; rather, third parties help with compensation to reintegrate wrongdoers and resolve conflicts. Repeated offenders and free riders receive ever less community support. Third parties contribute substantially both during and outside of customary court sessions to help kin, pursue economic agendas, or gain reputation. They also act generously to build a strong community. Emphasis is on amends to the victim for fairness, not punishment of the offender. Broad third-party participation is maintained throughout times of rapid change to adapt while supporting essential structures of society.

Cláusulas de franquicia o deducible en seguros de responsabilidad civil en el Derecho español: Naturaleza y efectos respecto de terceros perjudicados

2018 ◽  
pp. 101
Author(s):  
Rafael Lara González
Keyword(s):  
Civil Liability ◽  
Third Parties ◽  
Insurance Contract ◽  
Third Party ◽  
Liability Insurance ◽  
Legal Doctrine ◽  
Insurance Contracts ◽  
Spanish Law ◽  
Palabras Clave ◽  
Legal Nature

ResumenPese a su ubicuidad en la práctica contractual, las cláusulas de franquicia han recibido tratamiento incidental en la doctrina. La discusión sobre ellas se ha enfocado en los contratos de seguros de responsabilidad civil, y en la interpretación del artículo 76 de la Ley española de Contrato de Seguro. En este contexto se ha tratado de establecer si el asegurador puede o no oponer la cláusula de franquicia al tercero perjudicado. El presente trabajo analiza la cláusula de franquicia en la obligación principal del asegurador, su naturaleza jurídica, y examina su relación con los terceros perjudicados. La consideración principal a este respecto estará en si nos encontramos ante un seguro obligatorio o ante un seguro voluntario de responsabilidad civil. Palabras clave: Contrato de seguro; Cláusula de franquicia; Terceroperjudicado; Responsabilidad civil.AbstractDespite their ubiquity in contractual praxis, deductible clauses have received only incidental treatment in legal doctrine. Discussion on them has focused on civil liability insurance contracts, and the interpretation of article 76 of the Spanish Law of Insurance Contracts. In this context it has been attempted to establish whether the insurer can invoke the clause to oppose the injured third party's claim. This article examines the deductible clause included in the insurer's main obligation, its legal nature, and its relation to injured third parties. The main consideration in this regard will be whether the insurance contract is of a mandatory or voluntary nature.Keywords: Insurance contract; Deductible clause; Injured third party; Civil liability.

Formation of Contract and Third Parties in Cambodia

2018 ◽  
Author(s):  
Ly Tayseng
Keyword(s):  
Academic Writing ◽  
Case Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Contract Formation ◽  
The Law ◽  
The Right ◽  
Formal Requirements

This chapter gives an overview of the law on contract formation and third party beneficiaries in Cambodia. Much of the discussion is tentative since the new Cambodian Civil Code only entered into force from 21 December 2011 and there is little case law and academic writing fleshing out its provisions. The Code owes much to the Japanese Civil Code of 1898 and, like the latter, does not have a requirement of consideration and seldom imposes formal requirements but there are a few statutory exceptions from the principle of freedom from form. For a binding contract, the agreement of the parties is required and the offer must be made with the intention to create a legally binding obligation and becomes effective once it reaches the offeree. The new Code explicitly provides that the parties to the contract may agree to confer a right arising under the contract upon a third party. This right accrues directly from their agreement; it is not required that the third party declare its intention to accept the right.

Contracts for the Benefit of Third Parties Under the Taiwan Civil Code

2018 ◽  
Author(s):  
Sheng-Lin JAN
Keyword(s):  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Legal Relationship ◽  
The Third Party ◽  
Privity Of Contract

This chapter discusses the position of third party beneficiaries in Taiwan law where the principle of privity of contract is well established. Article 269 of the Taiwan Civil Code confers a right on the third party to sue for performance as long as the parties have at least impliedly agreed. This should be distinguished from a ‘spurious contract’ for the benefit of third parties where there is no agreement to permit the third party to claim. Both the aggrieved party and the third party beneficiary can sue on the contract, but only for its own loss. The debtor can only set off on a counterclaim arising from its legal relationship with the third party. Where the third party coerces the debtor into the contract, the contract can be avoided, but where the third party induces the debtor to contract with the creditor by misrepresentation, the debtor can only avoid the contract if the creditor knows or ought to have known of the misrepresentation.

Contracts for the Benefit of Third Parties in Japan

2018 ◽  
Author(s):  
Masami Okino
Keyword(s):  
Case Analysis ◽  
Case Law ◽  
Contract Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
German Model ◽  
Recent Debate ◽  
The Law

This chapter discusses the law on third party beneficiaries in Japan; mostly characterized by adherence to the German model that still bears an imprint on Japanese contract law. Thus, there is neither a doctrine of consideration nor any other justification for a general doctrine of privity, and contracts for the benefit of third parties are generally enforceable as a matter of course. Whether an enforceable right on the part of a third party is created is simply a matter of interpretation of the contract which is always made on a case-by-case analysis but there are a number of typical scenarios where the courts normally find the existence (or non-existence) of a contract for the benefit of a third party. In the recent debate on reform of Japanese contract law, wide-ranging suggestions were made for revision of the provisions on contracts for the benefit of third parties in the Japanese Civil Code. However, it turned out that reform in this area was confined to a very limited codification of established case law.

scholarly journals Animating Idolatry: Making Ancestral Kin and Personhood in Ancient Peru

Religions ◽  
2021 ◽  
Vol 12 (5) ◽  
pp. 287
Author(s):  
George F. Lau
Keyword(s):  
Family Members ◽  
Small Scale ◽  
Shed Light ◽  
Lines Of Evidence ◽  
Ritual Practices

Historical and archaeological records help shed light on the production, ritual practices, and personhood of cult objects characterizing the central Peruvian highlands after ca. AD 200. Colonial accounts indicate that descendant groups made and venerated stone images of esteemed forebears as part of small-scale local funerary cults. Prayers and supplications help illuminate how different artifact forms were seen as honored family members (forebears, elders, parents, siblings). Archaeology, meanwhile, shows the close associations between carved monoliths, tomb repositories, and restricted cult spaces. The converging lines of evidence are consistent with the hypothesis that production of stone images was the purview of family/lineage groups. As the cynosures of cult activity and devotion, the physical forms of ancestor effigies enabled continued physical engagements, which vitalized both the idol and descendant group.

Foulweather Friends: Violence and Third Party Support in Self-Determination Conflicts

2021 ◽  
pp. 002200272199322
Author(s):  
R. Joseph Huddleston
Keyword(s):  
Foreign Policy ◽  
Latent Variable ◽  
Third Parties ◽  
Self Determination ◽  
Third Party ◽  
Variable Model ◽  
Major Powers ◽  
International Stability ◽  
General Preference ◽  
Party Support

This paper investigates how violence in self-determination conflicts influences bilateral foreign policy. I argue that a general preference for international stability causes third parties to support self-determination groups when violence reaches high levels, when they gain territorial control, and when major powers officially recognize. In these conditions, third parties perceive a stable new status quo to be nigh: unrecognized statehood. Ongoing instability encourages foreign policy that encourages the development of the de facto state, even when third parties have no intention of recognizing them as states. Importantly, I also show that targeting civilians erodes third-party support of the perpetrating side. I demonstrate these relationships using a latent variable model of international sovereignty of aspiring states, built on bilateral military, diplomatic, and economic exchange data. My model and tests provide new insight into how aspiring state actors become increasingly eligible for recognition through the tacit support of third-party states.

End-User-Driven Approach for Regulatory Compliance in the Public Cloud

2021 ◽  
Vol 12 (3) ◽  
pp. 1-19
Author(s):  
Jitendra Singh ◽  
Vikas Kumar
Keyword(s):  
Present State ◽  
Business Groups ◽  
Regulatory Compliance ◽  
Third Party ◽  
Expert Advice ◽  
Small Scale ◽  
Public Cloud ◽  
End User ◽  
The Public ◽  
Limited Budget

Regulatory compliance is equally binding on small and medium business groups. Owing to the small scale and limited budget, such SMBs are unable to seek expert advice. To adequately guard the SMBs in regulatory compliance, the present work proposed a third-party managed-end user-driven approach that renders the list of regulatory acts applicable in one's case according to the country of one's residence, services subscribed, and type of the operations to be carried out in subscribed cloud paradigm. The list of applicable regulatory acts are rendered at the subscriber's end only. In addition, the proposed method notifies the present state of compliance of under-considered cloud providers. Based on the recommendation received, the subscriber can proceed with his decision to subscribe or not to subscribe in the event if desired compliances do not exist. This technological assistance will eliminate the need to possess the required knowledge in regulatory acts or seeking advice from the regulatory expert.

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