another to believe that he has acquired an interest and that other has incurred some expense or has in some other way acted to his detriment. It should be emphasised that there are substantial differences in the way in which promises are enforced through the medium of rules based on estoppel as compared with the enforcement of promises under the doctrine of consideration. In particular, a promise supported by consideration, subject to other rules on the validity of contractual promises, will be enforceable in full against the promisor. In contrast, the equitable solution provided by rules on promissory and proprietary estoppel will reflect the equities of the case in hand and should not be regarded as a device intended to protect the promisee’s expectations of performance of the promise of the other party. However, where the equities so demand, it may be necessary to confer on the promisee rights which did not previously exist before the promisor indicated that the promisee was to acquire an interest in or over the land in question. Waltons Stores v Maher indicates the utility of estoppel as a means of enforcing promises where it is equitable to do so, but also makes it abundantly clear that the purpose of such equitable intervention is not to give effect to the promisee’s expectation that the promisor’s promise will be fulfilled. Developments along these lines in English law, it is suggested, would be desirable. As has been observed above, where there is a contractual promise supported by consideration, the promise will create fully enforceable rights in favour of the promisee, but the same is not true of promises which induce reliance in the absence of consideration. In some instances, a promise may be made which binds the promisor only temporarily, for example one made for a specific purpose during a finite period, and which temporarily suspends the promisor’s right to insist upon his strict legal rights until he has served reasonable notice on the promisee of his intention to revert to a pre-existing set of contractual obligations. In Hughes v Metropolitan Railway Co, a landlord gave his tenant six

1995 ◽  
pp. 210-210
Keyword(s):  
The Other ◽  
Legal Rights ◽  
Finite Period ◽  
English Law ◽  
Contractual Obligations ◽  
Do So ◽  
The Way

Ch.3 Validity, s.2: Grounds for avoidance, Art.3.2.14

2015 ◽  
Author(s):  
du Plessis Jacques
Keyword(s):  
The Other ◽  
Retroactive Effect ◽  
General Proposition ◽  
Contractual Obligations ◽  
The Moment ◽  
Made In ◽  
Do So

This commentary focuses on Article 3.2.14 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the retroactive effect of avoidance of a contract. Under Art 3.2.14, avoidance takes effect retroactively; that is, the contract is regarded as never having existed, and not merely as non-existent from the moment of avoidance. Unfulfilled obligations fall away and performances made in fulfilment of obligations have to be returned, according to Art 3.2.15. However, this is only a general proposition. Where avoidance only relates to certain terms of the contract, the other terms, whether fulfilled or unfulfilled, are left undisturbed, unless it would be unreasonable to do so. This commentary discusses the effect of retroactive avoidance in general, as well as its effect on contractual obligations, including unfulfilled and unaffected obligations and fulfilled obligations.

Excellence Is by No Means Enough

2019 ◽  
Vol 25 (1-3) ◽  
pp. 259-270
Author(s):  
Stanley N. Katz
Keyword(s):  
Natural Resources ◽  
The Other ◽  
Internal Governance ◽  
Special Obligation ◽  
Definition Of ◽  
The University ◽  
Do So ◽  
The Way

This essay asks the question “What would it mean to be a just university?” and answers to that the question may be understood in two ways. One way to understand “just” is procedural, having to do with internal governance and ensuring that a university’s policies are themselves just. The other is substantive, having to do with the university’s purpose or reason for existing. The second assumes the university is to serve some function necessary for the general good. This good is often defined in material terms: fostering a stronger economy, medical breakthroughs, more efficient use of natural resources, and so on. But such a view of the university defines its value entirely by factors external to itself. Proponents of one definition of the university’s purpose typically acknowledge some validity in the other, and universities commonly strive to fulfill the claims of both definitions. But universities also have an obligation to teach the young and to do so within the context of a common set of values that both determines the setting in which teaching takes place and encourages students to develop values that will shape their own lives. Katz argues in particular that intellectuals have a special obligation to work cooperatively to eliminate intellectual obstacles that stand in the way of commensuration, communication, and comprehension globally. It is this responsibility that he calls “intellectual philanthropy.”

Edward Allworth: Cultural Revival and the Role of Writers

1989 ◽  
Vol 17 (1) ◽  
pp. 62-67
Keyword(s):  
The Other ◽  
Human Dimension ◽  
Social Scientists ◽  
Cultural Revival ◽  
The Individual ◽  
Do So ◽  
The Way ◽  
Literature And Language

We have come to the human dimension in this discussion. It would, therefore, be useful for us to consider two different ways of approaching this. One is talking about people at arm's length, in the way we have been doing most of the day; to a certain extent we have had to do so, as social scientists or even as humanists. I am going to try the other approach, namely, to talk about a few individuals to see if there is anything there that might help us in understanding the nationality question. My subject is literature and language. First, I will cover literature as an instrument, as something of interest to social scientists; and then I will discuss certain important individuals. As far as the nationality question is concerned, the individual does matter, although, it seems, the Party places that aspect at the bottom of its list of nationality concerns deemed important.

scholarly journals The use of the term ‘limnology’ and its scientometrics consequences for limnologists

2021 ◽  
Author(s):  
Diego Fontaneto ◽  
Alejandro Martínez ◽  
Stefano Mammola ◽  
Aldo Marchetto
Keyword(s):  
Publication Output ◽  
Scientific Communication ◽  
The Other ◽  
Scientific Impact ◽  
Lake Ecology ◽  
The Creation ◽  
The Impact ◽  
Do So ◽  
The Way

Jargon is the specialised vocabulary of any science: it allows the creation of new terms to define concepts and it removes ambiguity from scientific communication. Yet, it may also hinder understanding for a broader audience. Given that the Journal of Limnology has jargon in its title, we here investigate the impact of the term ‘limnology’ on the way limnologists work, publish their research, and attract the interest of other scientists. We do so by comparing scientometric features of papers published from 1965 to 2020 that used the term ‘limnology’ against papers on similar topics but that used the term ‘lake ecology’ or ‘hydrobiology’, and to the marine counterpart of papers that used the term ‘oceanography’. We found that papers using the term limnology score worse than those of the other topics in terms of both publication output and scientific impact. Limnologists may need to use other terms in addition to ‘limnology’ to reach a broader scientific audience.

The Fact from Which the Silent Demand Arises

2020 ◽  
pp. 9-26
Author(s):  
K. E. Løgstrup
Keyword(s):  
Human Life ◽  
The Other ◽  
Do So ◽  
The Way

This chapter begins by focusing on trust, which is a key example of our dependence on other people, and is integral to human life. In trusting another person, we deliver ourselves up to them by making ourselves vulnerable, which is why we react strongly when this trust is abused, and our vulnerability is thereby ignored. Given the risks involved in this vulnerability, conventional forms and practices are brought in to regulate our interactions. In response to this dependence, and the way in which their life is in our hands, we are required to do what is best for the other person—which may not be what they want us to do, so the demand is ‘silent’ in this respect, as it is not articulated through what they ask of us. However, this does not mean we can encroach on their individuality, or impose our ideas on them as an ideology.

Surveying the Field: 1924– 1933

2016 ◽  
Author(s):  
Marybeth Lorbiecki
Keyword(s):  
The Other ◽  
National Forest ◽  
Wilderness Area ◽  
The Family ◽  
Assistant Director ◽  
Do So ◽  
The Way

Since Assistant Director Leopold was not needed at the lab until July 1, he took the train with Starker and Luna to Burlington to visit his mother and brothers. (Marie had married and moved to Illinois with her husband.) Together again, the “boys” immediately began plans for a trip—this time to Carhart’s proposed wilderness area in the boundary waters of Minnesota for two weeks of canoeing, camping, and fishing. Prior to trip departure, though, Aldo had to travel to Madison to prepare the way for the family move. Starker and his uncles Carl and Frederic headed straight to Ely, Minnesota, to arrange for the canoes and equipment (Luna stayed with Opa Leopold to await the arrival of the rest of his family). Their missions accomplished, Aldo and the other adventurers met and set off into the wilds of the Superior National Forest and the Canadian Quetico. The Leopold brothers had at last reached their magical North. For two weeks, the voyageurs paddled past granite outcroppings and tall pines, fishing for trout and listening to the mournful wail of loons. Aldo wrote in his journal, “The number of adventures awaiting us in this blessed country seems with­out end.” Later he added, “How Dad would have loved it! I am reminded of Isaac [sic] Walton’s terse but loving tribute—‘an excellent angler, now with God.’” Leopold and Starker returned to Madison, an “awfully dolled up town.” He had written earlier to Estella: “Nobody has any backyard except in the slums—not even a woodshed or fence or chickens—the backyards are open lawns just as the fronts. We have a little garden room at this place I am thinking of—which is not usually the case, but nobody keeps chickens, so we would do so at our own peril!” The rest of the family arrived shortly, and the Leopolds moved into a rented home “not far from the country.” Within the month, they bought a stucco house about a mile from the lab—at 2222 Van Hise Avenue—and their energies went into transforming it into a real home.

Ch.5 Content, third party rights and conditions, s.1: Content, Art.5.1.5

2015 ◽  
Author(s):  
Vogenauer Stefan
Keyword(s):  
The Other ◽  
Third Party ◽  
Specific Result ◽  
Expected Result ◽  
Degree Of Risk ◽  
Contractual Obligations ◽  
The Way

This commentary focuses on Article 5.1.5 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the determination of the kind of duty involved. Art 5.1.5 provides criteria for determining the nature of contractual obligations. The question of whether an obligation involves a duty to achieve a specific result or a duty of best efforts is a result of the interpretation of the contract. Thus, Art 5.1.5 supplements the rules on contractual interpretation in Chapter 4 of the PICC. In determining the extent to which a party's obligation involves a duty of best efforts in the performance of an activity or a duty to achieve a specific result, regard shall be had to the way in which the obligation is expressed in the contract; the contractual price and other terms of the contract; the degree of risk normally involved in achieving the expected result; and the ability of the other party to influence the performance of the obligation.

Concluding Remarks

2019 ◽  
pp. 181-200
Author(s):  
Yitzhak Benbaji ◽  
Daniel Statman
Keyword(s):  
The Other ◽  
Laws Of War ◽  
Rogue States ◽  
Self Interest ◽  
A Priority ◽  
Deep Morality ◽  
The One ◽  
Self Defence ◽  
Do So ◽  
The Way

In this chapter we offer some concluding remarks. We point to the limitations of contractarianism, to its advantages over revisionism, and to its practicality. We show that for contractarianism wars are not necessarily ‘moral tragedies’, as they are for revisionists because wars do not necessarily involve unavoidable wrongdoing. According to contractarianism, combatants participating in war can do so without violating the rights of either combatants or civilians of the enemy side. The chapter also shows how even revisionists rely at times on contractualist premises to justify adherence to rules which they regard as unjustified in terms of ‘deep morality’. We also criticize the way this notion is utilized, especially the distinction between ‘deep morality’ and non-deep morality (associated with compliance with the laws of war). The distinction creates the impression that one should give priority to considerations stemming from deep morality over those stemming from shallow morality. But clearly, even revisionists do not assume such a priority—neither in general, nor in the field of war. Finally, the chapter highlights the ‘realist’ aspect of contractarianism, namely, its scepticism about the termination of wars and warfare. This scepticism has to do with the existence of evil individuals and of rogue states, but also with benign self-interest coupled with epistemic shortcomings and a constant suspicion of others. Given this realist assumption, states would be better off agreeing on rules to regulate war that would, on the one hand, facilitate effective self-defence, while on the other, reduce the killing and harm they cause.

scholarly journals The French Way of St. James as an Engine in the Invigoration of Rural Municipalities in Galicia

2018 ◽  
Vol 56 (3) ◽  
pp. 425-436
Author(s):  
Ximena Alexandra Morales Urrutia ◽  
Diana Cristina Morales Urrutia ◽  
Patricio Carvajal Larenas ◽  
Elizabeth Katalina Morales Urrutia ◽  
José Miguel Ocaña
Keyword(s):  
Rural Areas ◽  
The Other ◽  
Economic Decline ◽  
Autonomous Community ◽  
First Approximation ◽  
Rural Municipalities ◽  
The Impact ◽  
Double Approximation ◽  
Do So ◽  
The Way

Abstract: The aim of this study is to analyze the invigorating effect of the Way of St. James in the Galician rural areas. To do so, we have chosen as a territorial scope the 14 rural municipalities that the “French Way” crosses in this Autonomous Community. The utilized data come from the Bank of Municipal Data of Instituto Galego de Estatística (IGE). A double approximation on the impact of this route has been made: on one hand, we analyze the behavior of different socioeconomic variables during the last two decades in the selected municipalities. On the other hand, we examine to what extent a more favorable dynamic has been witnessed in similar rural territories that do not have access to this product. Although the results of the analysis should be taken as a first approximation, data point to the existence of a very moderate impact of the Way of St. James, in the sense that the development of tourism activities linked to the Way are not sufficient to reverse the demographic and economic decline of these rural areas.

scholarly journals Tolerantization of interfaith relations in Ukraine

2008 ◽  
pp. 78-83
Author(s):  
Anatolii M. Kolodnyi
Keyword(s):  
Freedom Of Expression ◽  
Freedom Of Speech ◽  
The Other ◽  
Western Civilization ◽  
False Information ◽  
The West ◽  
Interfaith Relations ◽  
The Right ◽  
Do So ◽  
The Way

Freedom of expression gives us the right to say what we think, but it does not oblige us to do so. This is evidenced by the so-called "cartoon conflict" associated with the name of Mohammed. He confirmed the differences of civilizations: we have a misunderstanding in the West of the psychology of the religiosity of the East. At the same time, if one did not have enough understanding of deep religious feelings, spurred by their inattention, the other showed a clear exaggeration of what was done and even perceived false information of what happened, for the truth. The East deepened the conflict of civilizations by giving it the right to use, as an argument against Western civilization, the belief that democracy, which it carries, and the freedom of speech it stands for, could open the way to ridicule and abuse of their faith.

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