scholarly journals FUNÇÃO SOCIAL DO CONTRATO: UMA ANÁLISE LÓGICO-EMPÍRICA / SOCIAL ROLE OF THE CONTRACT: A LOGIC-EMPIRICAL ANALYSIS

2014 ◽  
Vol 59 (1) ◽  
pp. 101
Author(s):  
Julio Cesar De Aguiar ◽  
Leandro Oliveira Gobbo
Keyword(s):  
Economic Analysis ◽  
Empirical Analysis ◽  
Social Role ◽  
State Intervention ◽  
Contract Law ◽  
The Other ◽  
Economic Analysis Of Law ◽  
Social Objective ◽  
The Social

Trata-se de um estudo do significado da função social do contrato, assim entendido como a determinação da extensão da intervenção estatal em contratos privados, bem como o objetivo do próprio direito dos contratos. O estudo propõe que existem apenas duas possíveis definições da função social do contrato; uma econômica, de geração de cooperação, e outra política, de distribuição. Sugere ainda que a distinção é relevante na medida em que serve para identificar a maneira mais eficiente para que a lei alcance os objetivos buscados, sejam eles distributivos ou de cooperação. PALAVRAS-CHAVEAnálise econômica do direito. Direito dos contratos. Função social do contrato.  ABSTRACTThis is a study of the meaning of the social role of the contract, understood as determining the extent of the state intervention in private contracts, as well as the goal of contract law itself. The study suggests that there are only two possible definitions of the social objective of the contract; one economic, to generate cooperation, and the other political, related to distribution. It also suggests that the distinction is relevant in that it serves to identify how the law can, more efficiently, reach the goals it seeks, whether they are distributive or cooperative. KEYWORDSContract law. Economic analysis of law. Social role of contracts.

Comparative Law and Economic Analysis of Law

2019 ◽  
pp. 825-851 ◽  
Author(s):  
Florian Faust
Keyword(s):  
Economic Analysis ◽  
Subject Matter ◽  
Law And Economics ◽  
Comparative Law ◽  
Case Law ◽  
The Other ◽  
Economic Analysis Of Law ◽  
The Subject ◽  
The Relationship

This chapter discusses the relationship between comparative law and economic analysis of law. After providing an overview of the characteristics of the economic analysis of law, it explains how one of the two disciplines can operate as an ancillary discipline to the other; this has been termed ‘Comparative Law and Economics’. The next section describes how comparative law and economic analysis of law can be brought together by making one discipline the subject matter of the other. It suggests that the role of economic analysis of law may be greater in case law systems than in codified systems and that this role may vary according to the subject of legislation. The section concludes with considerations on the role comparative law plays and should play in different contexts. Finally, it is argued that comparative law and economics should not be considered a discipline on its own.

The Teacher of Germany

2019 ◽  
pp. 19-45
Author(s):  
Tobias Boes
Keyword(s):  
Social Role ◽  
The Other ◽  
The Social

This chapter reflects on Thomas Mann's representative aspirations as the leading voice of the “other Germany.” It shows how his copious and often agonized reflections concerning his representative status reveal that he was intensely attuned to the social flux around him. And his later career in America demonstrates that he ultimately owed his fame to his ability not to resist, but rather to respond to, unprecedented historical conditions. Whatever else it might have been, Nazism was a powerful manifestation of modernity. In successfully positing himself as its antipode, Mann was not expressing blind obeisance to tradition but rather engaging in a dialectical dance that transformed the social role of the author into something that it had never been before.

Worked as a Huckster

2017 ◽  
Author(s):  
Robert Wuthnow
Keyword(s):  
Large Scale ◽  
Social Role ◽  
Urban Economy ◽  
The Other ◽  
Cultural Significance ◽  
Retail Markets ◽  
The Social ◽  
Farm Produce ◽  
The Many

This chapter focuses on hucksters who peddled farm produce in towns, brought town goods to farms, in the nineteenth century. The social role of the huckster offers an exceptional opportunity to probe the moral ambiguities of American culture as the nation transitioned from an agrarian to an urban economy. In simplest terms, hucksters occupied a liminal space that was neither fully rural nor fully urban, connecting the two as they passed goods from one to the other. They served as a significant commercial link antecedent to the establishment of large-scale wholesale and retail markets. As important as this role was economically, its cultural significance was equally important. By their own account and in the many accounts that contemporaries gave of them, hucksters transgressed familiar occupational and spatial categories and in so doing dramatized both in negation and in affirmation the shifting meaning of those categories.

Contract Law Without Foundations

2019 ◽  
Author(s):  
Prince Saprai
Keyword(s):  
Economic Analysis ◽  
Contract Law ◽  
Political Context ◽  
Point Of View ◽  
Economic Analysis Of Law ◽  
Top Down ◽  
Legal Doctrine ◽  
Moral Principles

In recent times, the philosophy of contract law has been dominated by the ‘promise theory’, according to which the morality of promise provides a ‘blueprint’ for the structure, shape, and content that contract law rules and doctrines should take. The promise theory is an example of what this book calls a ‘foundationalist’ theory of an area of law, according to which areas of law reflect or are underlain by particular moral principles or sets of such principles. The book argues that the promise theory is false, by considering contract law from the point of view of its theory, rules, and doctrines and broader political context. The book claims that ‘top-down’ theories of contract law such as the promise theory and its bitter rival the economic analysis of law seriously mishandle legal doctrine by ignoring or underplaying the irreducible plurality of values that shape contract law. The book defends the role of this multiplicity of values in forging contract doctrine, by developing from the ‘ground-up’ a radical and distinctly republican reinterpretation of the field.

scholarly journals Reciprocal Associations between Parenting Challenges and Parents’ Personality Development in Young and Middle Adulthood

2014 ◽  
Vol 28 (2) ◽  
pp. 168-179 ◽  
Author(s):  
Roos Hutteman ◽  
Wiebke Bleidorn ◽  
Gordana Keresteš ◽  
Irma Brković ◽  
Ana Butković ◽  
...  
Keyword(s):  
Social Role ◽  
Personality Development ◽  
Emotional Stability ◽  
The Other ◽  
Newborn Baby ◽  
Middle Adulthood ◽  
The Social ◽  
The Relationship ◽  
Reciprocal Associations

Having children affects many aspects of people's lives. However, it remains unclear to what degree the challenges that come along with having children are associated with parents’ personality development. We addressed this question in two studies by investigating the relationship between parenting challenges and personality development in mothers of newborns (Study 1, N = 556) and the reciprocal associations between (mastering) parenting challenges and personality development in parents of adolescents (Study 2, N = 548 mothers and 460 fathers). In Study 1, we found the stress of having a newborn baby to be associated with declines in maternal Agreeableness, Conscientiousness, and Emotional Stability. Parenting challenges were also related to personality development in parents of adolescent children in Study 2, with parent–child conflict being reciprocally associated with decreases in Conscientiousness and Emotional Stability. Mastering parenting challenges in the form of high parenting self–efficacy, on the other hand, was found to be associated with increases in Agreeableness, Conscientiousness, and Emotional Stability, and vice versa. In sum, our results suggest that mastering the challenges associated with the social role of parenthood is one of the mechanisms underlying personality development in young and middle adulthood. Copyright © 2013 John Wiley & Sons, Ltd.

scholarly journals Społeczna rola antropologa — powinność a zaangażowanie

2020 ◽  
Vol 64 (2) ◽  
pp. 15-31
Author(s):  
Katarzyna Kaniowska
Keyword(s):  
Social Role ◽  
The Other ◽  
Ethical Reflection ◽  
The Social ◽  
Clear Link ◽  
The Subject ◽  
Characteristic Features ◽  
The One ◽  
Engaged Anthropology

This paper on engaged anthropology is focused on several issues which, on the one hand, define the characteristic features of this current of anthropology, and, on the other, allow us to reflect on how the social role of an anthropologist can be understood today. The author begins her remarks by pointing to the ambiguity of the term “commitment” and to some of the consequences. She compares Norbert Elias’s position with the ways of understanding commitment adopted by contemporary anthropologists. She draws attention to the basic epistemological problems of engaged anthropology in regard to understanding cognition processes, and above all in regard to understanding the position of the researcher and the subject. She is then able to comment on contemporary attempts to establish the nature of an anthropologist and his or her potential social role. At the same time, she points to similarities with earlier sociological and anthropological concepts, stressing that the project of engaged anthropology shows a particularly clear link between methodology and ethical reflection.

Synergetic Theory of Document in Evolution of Document Science

2018 ◽  
pp. 1060-1068
Author(s):  
Galina A. Dvoenosova ◽  
Keyword(s):  
Social Role ◽  
Scientific Study ◽  
Self Organization ◽  
Universal Theory ◽  
Social Self ◽  
Social Goal ◽  
The Social ◽  
Synergetic Theory ◽  
First Time

The article assesses synergetic theory of document as a new development in document science. In information society the social role of document grows, as information involves all members of society in the process of documentation. The transformation of document under the influence of modern information technologies increases its interest to representatives of different sciences. Interdisciplinary nature of document as an object of research leads to an ambiguous interpretation of its nature and social role. The article expresses and contends the author's views on this issue. In her opinion, social role of document is incidental to its being a main social tool regulating the life of civilized society. Thus, the study aims to create a scientific theory of document, explaining its nature and social role as a tool of social (goal-oriented) action and social self-organization. Substantiation of this idea is based on application of synergetics (i.e., universal theory of self-organization) to scientific study of document. In the synergetic paradigm, social and historical development is seen as the change of phases of chaos and order, and document is considered a main tool that regulates social relations. Unlike other theories of document, synergetic theory studies document not as a carrier and means of information transfer, but as a unique social phenomenon and universal social tool. For the first time, the study of document steps out of traditional frameworks of office, archive, and library. The document is placed on the scales with society as a global social system with its functional subsystems of politics, economy, culture, and personality. For the first time, the methods of social sciences and modern sociological theories are applied to scientific study of document. This methodology provided a basis for theoretical vindication of nature and social role of document as a tool of social (goal-oriented) action and social self-organization. The study frames a synergetic theory of document with methodological foundations and basic concepts, synergetic model of document, laws of development and effectiveness of document in the social continuum. At the present stage of development of science, it can be considered the highest form of theoretical knowledge of document and its scientific explanatory theory.

Coinage and the Tributary Mode of Production

2018 ◽  
Author(s):  
Eduardo Manzano Moreno
Keyword(s):  
Roman Empire ◽  
Middle Ages ◽  
Social Role ◽  
State Of The Art ◽  
Early Middle Ages ◽  
The Social ◽  
Simple Question ◽  
Mode Of Production

This chapter addresses a very simple question: is it possible to frame coinage in the Early Middle Ages? The answer will be certainly yes, but will also acknowledge that we lack considerable amounts of relevant data potentially available through state-of-the-art methodologies. One problem is, though, that many times we do not really know the relevant questions we can pose on coins; another is that we still have not figured out the social role of coinage in the aftermath of the Roman Empire. This chapter shows a number of things that could only be known thanks to the analysis of coins. And as its title suggests it will also include some reflections on greed and generosity.

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