Rawls, Hume, and Original Contract

2020 ◽  
Vol 16 ◽  
pp. 143-166
Author(s):  
Jaiwon Shim
Keyword(s):  
Original Contract

scholarly journals Power of Arbitration Agreement

2019 ◽  
Vol 12 (2) ◽  
pp. 71
Author(s):  
Raqiya Abdul Jabbar Ali ◽  
Majd Almanasrah
Keyword(s):  
Pivotal Role ◽  
Arbitration Clause ◽  
Legal Foundation ◽  
Original Contract

Arbitration certainly plays a pivotal role in characterizing commercial relations that are of various kinds among individuals, and this, in turn, leads to make arbitration clause contained within contracts so as to settle disputes created by such contracts. It, in a way or another, aims at preventing litigants from recourse to a court of law. Instead, litigants should be fully committed to refer their disputes to a well-trusted arbitrator whose responsibility is to adjust their de facto or potential dispute, and should also be committed to put the arbitrator's judgment into effect. This paper sheds some light on determining the principle of power of arbitration agreement when an original contract is prepared. It provides the definition, the concept and the legal foundation of power of arbitration agreement.

The Hopi “Old Testament” a First-Person Essay

1995 ◽  
Vol 23 (2) ◽  
pp. 145-154 ◽  
Author(s):  
Jacob A. Loewen
Keyword(s):  
Old Testament ◽  
First Person ◽  
Tribal Societies ◽  
Original Contract

This essay focuses on a concern that many tribal societies voice, namely, that their ancestors had a covenant with God much like that of the Old Testament Hebrews. They feel that their original contract with God was condemned when Christianity came and that they were given a choice either to become Christian and be saved or to remain Hopi and be lost. They could not be both! Does the gospel not make Hopis better Hopis, Zulus better Zulus, etc.?

SPECIFIC PROBLEMS ARISING OUT OF EXERCISE OF THE RIGHT OF PRE-EMPTION IN RESPECT OF PARTICIPATORY INTEREST (SHARES)

2021 ◽  
Vol 20 (6) ◽  
pp. 67-167
Author(s):  
I.S. CHUPRUNOV
Keyword(s):  
Constitutive Theory ◽  
Original Contract ◽  
The Right

The paper provides analysis of the rights available to the parties of the legal relationships resulting from exercise of the right of pre-emption in respect of the participatory interest (shares), including, in particular, transformation powers available to the right holder, claims against the transferor (grantor) and its counterparty, as well as the right to take away the participatory interest (shares) from such counterparty. The author demonstrates that for the purposes of resolving theoretical and practical problems arising in this connection the constitutive theory – according to which the exercise of the right of pre-emption leads to the emergence of a new contract between the right holder and the transferor (grantor) generally on the same conditions as the original contract between the transferor (grantor) and its counterparty (the principle of identity) – has indisputable advantages. The paper, among other things, provides indepth analysis of individual cases of deviation from the principle of identity as well as the problems relating to modification, termination and invalidity of the original contract. In addition, the author examines in detail the rights available to the counterparty and the transferor (grantor), including the particularities of settlement in case where the right holder takes away the participatory interest (shares) from the counterparty as a result of exercise of the right of pre-emption.

scholarly journals Significant Silences in Locke'sTwo Treatises of Government: Constitutional History, Contract and Law

1988 ◽  
Vol 31 (2) ◽  
pp. 275-294 ◽  
Author(s):  
Martyn P. Thompson
Keyword(s):  
Seventeenth Century ◽  
Literary Theory ◽  
Constitutional Law ◽  
Literary Texts ◽  
Constitutional History ◽  
Intellectual Status ◽  
Original Contract

It is increasingly common in modern literary theory to read that a text's meaning must be elicited from the textual ‘possibilities which arenot said’. At this level of generality, the proposition applies equally to the interpretation of non-literary as literary texts. In this paper, I shall endeavour to illustrate the usefulness of this approach by considering the meaning of Locke's argument inTwo treatisesin terms of things which Locke chose not to say. I shall argue two points. First, I shall suggest that many of the controversies which have arisen in recent years about Locke's meaning have suffered because inadequate attention has been paid to the precise character of a number of silences in Locke's argument. The persistence of an inadequate framework for understanding the character of Englishmen's appeals to an original contract, constitutional law and history in the late seventeenth century will occupy my attention here. Second, I shall suggest that attention to the details of Locke's most significant silences can cast light on current controversies about the intellectual status of Locke's argument. In particular, I shall argue that the current tendency to locateTwo treatiseswithin a context of coded, conspiratorial politics is mistaken.

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