scholarly journals Hajek's understanding of law

Eudaimonia ◽  
2021 ◽  
pp. 29-51
Author(s):  
Djordje Trifunovic
Keyword(s):  
Common Law ◽  
Human Behaviour ◽  
The Other ◽  
Spontaneous Order ◽  
Evolutionary Approach ◽  
Natural Processes ◽  
Main Thesis ◽  
Other Hand ◽  
The Law ◽  
The One

In this paper, the author will try to present Hayek 's understanding of law in a concise way, with reference to all institutions and processes related to such a topic, through the analysis of Hayek's works as well as the analysis of the critique of his understandings. First of all, his evolutionary approach will be explained, which enables the processes in a society to be viewed analogously to natural processes. Further, the main thesis of Hayek's theory will be elaborated, that is the connection between the market and common law in the embodiment of the spontaneous order on the one hand, and the made order which Hayek calls "taxis" on the other hand. Additionally, Hayek's understanding of the purpose and character of law as well as his understanding of the law, as well as his distinction between the law of freedom and the law of coercion, i.e. between "nomos" and "thesis". Finally, this paper attempt to represent the Hayek's detailed inquiry into human behaviour, the limitations of human possibilities as well as the misconceptions that have ruled for centuries which stem from the belief in the unlimited powers of science.

8 Legal Relations Between Principal and Agent: Duties the Agent Owes to his Principal

2016 ◽  
Author(s):  
Munday Roderick
Keyword(s):  
Strong Influence ◽  
Common Law ◽  
The Other ◽  
Special Position ◽  
Other Hand ◽  
The Law ◽  
The One

This chapter describes the duties the agent owes to his principal, which fall into two broad categories. On the one hand, because the majority of agencies will arise out of a contract between principal and agent, the latter will owe well recognized duties at common law—most notably, a duty to perform the mandate with reasonable skill and care. On the other hand, however, equity also wields strong influence over the development of agents’ duties. Therefore, agents have often to be considered both as contracting parties, under customary contractual duties to their principals, and also as fiduciaries, owing strict equitable obligations to their principals arising out of the special position of trust in which the law of agency places them. These two species of obligation are considered separately in this chapter.

Law’s Contradictions

2018 ◽  
Author(s):  
Nimer Sultany
Keyword(s):  
The Other ◽  
Political Actors ◽  
Political Conflicts ◽  
Other Hand ◽  
The Law ◽  
The One

This chapter analyzes concrete Egyptian and Tunisian cases that showcase the interplay between continuity and rupture. These cases illustrate the lack of a systemic relation between law and revolution. On the one hand, the judiciary that interprets and applies the law is part of the very social and political conflicts it is supposed to resolve. On the other hand, the law is incoherent and there are often resources within the legal materials to play it both ways. Thus, the different forces at work use both continuity and rupture to advance their positions. Furthermore, legitimacy discourse mediates the contradictions between law and revolution in the experience of different legal and political actors. This mediation serves an ideological role because it presupposes a binary dichotomy between continuity and rupture, papers over law’s incoherence by reducing it to a singular voice, and reduces revolution to an event rather than a process.

STUDI KRITIS JUAL BELI DEKORASI UANG MASKAWIN

Al-MAJAALIS ◽  
2018 ◽  
Vol 6 (1) ◽  
pp. 1-36
Author(s):  
Muhammad Arifin Badri
Keyword(s):  
The Other ◽  
Other Hand ◽  
Business Opportunities ◽  
The Law ◽  
The One ◽  
High Level

This study aims to examine the laws of dowry money decoration that are common in the community. The innovation and soul of art that is channeled through décor of dowry money is proven to produce beautiful and unique works, so as to attract the attention and interest of the wider community. However, because to produce beautiful and unique works, a high level of creativity is needed, so not everyone can do it. On the one hand, this phenomenon opens up quite good business opportunities, but on the other hand, it should be watched out, because in some conditions it contains the practice of buying and selling currencies with nominal differences. Through this study, I would like to uncover the law of buying and selling practices decorating dowry money and decorating services. As I also intend to present an applicative solution for the community so that they can still channel their artistic talents without violating Shari’ah law.

Dismissal with Monetary Consideration under Art. 232, para. 2 of the Labour Code

De Jure ◽  
2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Hristo Banov ◽  
Keyword(s):  
Employment Relationship ◽  
The Other ◽  
Employment Contract ◽  
Other Hand ◽  
Unilateral Termination ◽  
The Law ◽  
The One ◽  
Rules Set ◽  
Final Calculation

The article reviews the main differences between the monetary obligation of the employer under Art. 232, para. 2 of the Labour Code and other payments that the same party owes by law in the employment relationship. Thus, the hypotheses are differentiated, on the one hand, of the unilateral termination of the employment contract by the employer against monetary payment on the grounds of Art. 232, para. 2 of the Labour Code, and, on the other hand, the emergence of an obligation to pay certain compensations – in the true sense of the term – under Art. 213, Art. 214, Art. 219, para. 2 and Art. 225 of the Labour Code. Thereby, the thesis regarding the impossibility of incurring of an obligation on the employer to simultaneously execute the various mentioned monetary considerations, is reasoned. In addition, the rules set out in the law are discussed, both for contracting and for the final calculation of the amount of the employer’s monetary payment, which this study focuses on.

scholarly journals ETHICAL PRINCIPLES OF SOCIETY AS REGULATORY FACTORS OF CIVIL LAW OF UKRAINE: THE ISSUE OF VALIDITY

2019 ◽  
pp. 16-20
Author(s):  
V. Кroitor
Keyword(s):  
Civil Law ◽  
The Other ◽  
Ethical Principles ◽  
Regulatory Requirements ◽  
Regulatory Factors ◽  
Other Hand ◽  
Moral Rules ◽  
The Law ◽  
The One

The article studies the issue of scientific and practical validity of applying ethical principles of society as regulatory factors of civil law of Ukraine. Taking into account the lack of validity of ethical principles of society as regulatory factors, the author attempts to make a correlation between the content of such principles of civil law as fairness, integrity and reasonableness, on the one hand, and ethical principles of the society, on the other hand. The author of the paper proves that it is inappropriate to apply the provisions of morality as regulatory factors for the regulation of civil relations. The conclusion on the objection to the civil regularity of ethical principles of society is based on several theses. Firstly, moral rules are not formalized, which creates a threat of arbitrary interpretation of their content. Secondly, ethical principles do not have a definite source of origin. Thirdly, the fundamental ethical rules have already been taken into account in the content of the principles of fairness, integrity and reason, which in turn create competition between the two types of regulatory factors. Unreasonable duplication of regulatory requirements reduces the functionality of the law, complicates the perception of its requirements. The competition between the principles of law and the ethical principles of society must be eliminated by refusing to give the latter the function of regulatory factors. The author of the paper does not deny the possibility of taking into account the ethical principles of society while regulating the relations that have been neglected by the "official law".

There Ought to Be Roots

2019 ◽  
pp. 65-82 ◽  
Author(s):  
Peter M. Kappeler ◽  
Claudia Fichtel ◽  
Carel P. van Schaik
Keyword(s):  
Social Norms ◽  
Evolutionary History ◽  
Group Living ◽  
The Other ◽  
Cognitive Mechanisms ◽  
Social Patterns ◽  
Main Thesis ◽  
Other Hand ◽  
Key Features ◽  
The One

This chapter explores the notion that the behavioural and cognitive constituents of human social norms have equivalents or precursors in humans’ closest living relatives, the non-human primates. Scrutiny of the definitions of various forms of conformity revealed, on the one hand, that some key features defining social norms are essentially impossible to infer in animals so that from a purist perspective, homologous equivalents of social norms cannot be demonstrated. On the other hand, this review revealed that functional equivalents or precursors of behavioural, emotional, and cognitive mechanisms constituting normative conformity are present and ubiquitous among (group-living haplorhine) non-human primates and that social patterns reflecting normative conformity have been described, hence supporting the authors’ main thesis that this salient aspect of human sociality, even though it may depend upon some uniquely derived features, has strong and long roots in the evolutionary history shared with other primates.

scholarly journals Breaking Up the Unity of the World: Peter Fitzpatrick’s Conception of Responsive Law

2020 ◽  
pp. 174387212097533
Author(s):  
Johan van der Walt
Keyword(s):  
Rule Of Law ◽  
The Other ◽  
Short Article ◽  
The Rule Of Law ◽  
Other Hand ◽  
The World ◽  
The Law ◽  
The One ◽  
The Ideal

This short article on Peter Fitzpatrick’s conception of “responsive law” analyzes the ambiguous temporality that Fitzpatrick discerned in modern law. On the one hand, law makes the claim of being fully present and therefore already and completely contained in itself. This aspect of law reflects the law’s claim to “immanence,” that is, its claim of always being able to rely strictly on its own operational terms without having to take recourse to any consideration not already contained within itself. It is this aspect of law that renders the ideal of the “rule of law” feasible. On the other hand, the law’s claim to doing justice to every unique and therefore every new case also demands that it takes leave of that which is already settled within it. This aspect of law can be called its “imminence.” The imminence of the law concerns the reality that law always finds itself on the threshold of that which has not yet been said and must still be said. The article shows how Fitzpatrick relied on Freud’s concept of the totem to explain the “wondrous” unity of its immanence and imminence.

scholarly journals Hume’s Fork and Mixed Mathematics

2017 ◽  
Vol 99 (1) ◽  
Author(s):  
Matias Slavov
Keyword(s):  
The Other ◽  
Epistemic Status ◽  
Causal Relations ◽  
Sharp Distinction ◽  
Other Hand ◽  
Pure Mathematics ◽  
Conservation Of Momentum ◽  
The Law ◽  
The One ◽  
Uniformity Principle

Abstract:Given the sharp distinction that follows from Hume’s Fork, the proper epistemic status of propositions of mixed mathematics seems to be a mystery. On the one hand, mathematical propositions concern the relation of ideas. They are intuitive and demonstratively certain. On the other hand, propositions of mixed mathematics, such as in Hume’s own example, the law of conservation of momentum, are also matter of fact propositions. They concern causal relations between species of objects, and, in this sense, they are not intuitive or demonstratively certain, but probable or provable. In this article, I argue that the epistemic status of propositions of mixed mathematics is that of matters of fact. I wish to show that their epistemic status is not a mystery. The reason for this is that the propositions of mixed mathematics are dependent on the Uniformity Principle, unlike the propositions of pure mathematics.

Lorsque le katechon permet de repenser le politique. Discussion critique d'une thèse de Georgio Agamben en regard de la discursivité de 2 Th 2.1–17

2020 ◽  
Vol 66 (3) ◽  
pp. 406-432 ◽  
Author(s):  
Alain Gignac
Keyword(s):  
Political Philosophy ◽  
The Other ◽  
Political Systems ◽  
Discursive Analysis ◽  
Other Hand ◽  
The Law ◽  
The One

This article compares a discursive analysis of 2 Thess 2 and Giorgio Agamben's use of the same passage in his political philosophy (in at least three of his books). On the one hand, 2 Thess 2 is a complex and detailed eschatological scenario, but ultimately elliptical – with a self-referential enunciative device centred on a ‘super blank’, the κατέχον/κατέχων, which it is preferable not to identify. On the other hand, despite some shortcuts, Agamben aligns with the main intuitions of 2 Thess 2, which finally returns the reader to his/her own present where a conflict is played out between, on one front, the Messiah and his community, and, on the other front, the anti-messiah and his anti-messianic community. According to Agamben, the κατέχον/κατέχων is a negative figure, the legal facade that prevents unmasking the anomie of current political systems and delays the establishment of a messianic community beyond the law.

scholarly journals Adjective complementation patterns and judgement: Aligning lexical-grammatical and discourse-semantic approaches in appraisal research

2019 ◽  
Vol 39 (3) ◽  
pp. 415-439 ◽  
Author(s):  
Hang Su ◽  
Susan Hunston
Keyword(s):  
At Risk ◽  
Personality Traits ◽  
Human Behaviour ◽  
The Other ◽  
Appraisal System ◽  
Other Hand ◽  
Starting Point ◽  
British National Corpus ◽  
The One ◽  
National Corpus

Abstract This study takes a lexical-grammatical approach to exploring the evaluation of human behaviour and/or character. It uses adjective complementation patterns as the starting point to examine the lexical-grammatical resources at risk in the appraisal system of judgement, aiming to explore the extent to which we can arrive at the same categorization of the resources realizing judgement if a formal or lexical-grammatical approach, rather than a discourse-semantic one, is taken. Using a corpus compiled of texts categorized as ‘Biography’ in the British National Corpus, the study, on the one hand, shows that most of the items identified can be very satisfactorily classified in terms posited in the judgement system, suggesting that the nomenclature from that model is useful. On the other hand, a considerable number of items have also been identified which construe attitudes towards emotional types of personality traits, leading to the proposal of a potentially useful new judgement category and further an adjusted system of judgement. The heuristic potential of aligning the lexical-grammatical and discourse-semantic approaches to appraisal is further discussed.

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