Coda

2021 ◽  
pp. 161-168
Author(s):  
Jennifer McClearen
Keyword(s):  
Good Faith ◽  
Combat Sports ◽  
Mutual Respect ◽  
The Real ◽  
Labor Practices ◽  
Central Form

The conclusion of Fighting Visibility meditates on the tensions between love and violence in MMA and its largest promotion. Rather than framing MMA as an inherently violent pursuit, the coda upholds consent and mutual respect as essential values that differentiate combat sports from violence. Athletes enter the cage with mutually agreed upon rules when they consent to the competition. They also sign contracts with the UFC in good faith that the promotion will uphold their commitments to its athletes. Thus, the real violence in the UFC is labor practices that violate the trust the athletes place in them while the promotion exploits the fighters’ love for MMA and willingness to labor for the sport’s visibility. Neoliberal labor practices are the central form of violence that should be eradicated in combat sports.

scholarly journals Rules of interpretation of the contracts in Afghanistan and Iran legal system

2019 ◽  
pp. 9-28
Keyword(s):  
Legal System ◽  
Good Faith ◽  
The Real ◽  
Iranian Law ◽  
The Law

Many of the contracts written by non-specialists who cannot set them correctly but sometimes it happened that the most accurate contracts need the interpretation, too. In this case, the parties may have to refer to the court and the judge is obligated to discover the real intention of parties. Courts for solving disputes arising from contracts, need specific rules to prevent disagreements. The rules of interpretation of the contracts in Afghan law and Iranian law are in two categories: inside rules that search in the text. The most important inside rules are positive interpretation (terms to be given effect), pay attention to the nature of the contract, analogy, and reference to the contract as a whole. The judges in Afghanistan and Iran do not limit themself to the contracts. They also pay attention to outside rules like the interpretation of the contracts in favor of promisor, good faith, the law, and contra proferentem rule. In Iranian law –despite Afghanistan- the rules of interpretation of the contracts are not explained and merely mentions scattered examples.

Intolerance and discrimination against Muslims (Islamophobia)

2009 ◽  
Vol 20 (3) ◽  
pp. 192-200
Author(s):  
Ömür Orhun
Keyword(s):  
Human Rights ◽  
September 11 ◽  
Mutual Respect ◽  
The Real ◽  
Western Countries ◽  
Post September 11 ◽  
Migrant Groups ◽  
At Home

AbstractIn this article, after a brief introduction related to the present environment, Ambassador Orhun discusses human rights, mutual respect and dialogue, leading to an evaluation of intolerance and discrimination against Muslims. He finds that the environment in which Muslims live in Western countries has deteriorated considerably in the post September 11 period. He then provides an overview of his experience as OSCE's Personal Representative on Combating Intolerance and Discrimination against Muslims. After sharing his views on ways to promote tolerance and combat discrimination against Muslims, Ambassador Orhun concludes with his recommendations. He stresses the need to take account of the intellectual front in the fight against intolerance and discrimination and dwells especially on true integration to enable Muslim migrants to feel at home in a cohesive society. He says that the real threat to tolerance and to multi-cultural societies emanates from the extremes of host and migrant groups and cautions vigilance to achieve peaceful co-existence.

scholarly journals Adam Smith and the Social Foundation of Agreement: Walford v Miles as a Relational Contract

2017 ◽  
Vol 21 (3) ◽  
pp. 376-404 ◽  
Author(s):  
David Campbell
Keyword(s):  
International Trade ◽  
Adam Smith ◽  
Case Law ◽  
Good Faith ◽  
Economic Exchange ◽  
Mutual Respect ◽  
Relational Contract ◽  
The Social ◽  
Self Interest ◽  
The Law

That the reception in subsequent case law of Leggatt J's outstanding discussion of good faith in Yam Seng Pte Ltd v International Trade Corporation Ltd has been disappointing demonstrates the continuing failure to appreciate the normative constitution of economic exchange and the law of contract. This paper re-examines the concept of economic exchange which may be derived from the work of Adam Smith in order to show that Smith did not conceive of exchange as a system of solipsistic self-interest but as self-interest which is formed on the basis of the mutual respect of the parties to the exchange. The significance of Smith's views for the law of contract will be demonstrated by a re-examination of the rejection of good faith in Walford v Miles in light of those views. Whilst it is moot whether the law of contract should recognise a general doctrine of good faith, that law must become self-conscious of the mutual respect it requires of parties to a contract which is indicated in the concept of good faith.

scholarly journals Role of Notary In Implementation of The Principle of Nemo Plus Juris and Itikad in Transfer of Rights to Land as a Basis of Evidence for Owners

Jurnal Akta ◽  
2020 ◽  
Vol 7 (3) ◽  
pp. 317
Author(s):  
Sawin Dwi Hapsari
Keyword(s):  
Economic Value ◽  
Land Rights ◽  
Good Faith ◽  
Judicial System ◽  
The Real ◽  
Personal Success ◽  
Ownership Rights ◽  
Legal Right

Land is a social symbol in society where control of a plot of land also symbolizes the value of honor, pride and personal success so that economically, socially and culturally, the land owned becomes a source of life, a symbol of identity, the rights of honor and dignity of its supporters so that it is necessary, registration arrangements land as the implementation of control of ownership rights over the land. Because land has economic value, land rights are traded or rights can be transferred through grants, buying and selling, inheritance and others. The transfer of land rights is usually carried out through the process of making a deed, either a sale and purchase deed, a deed of inheritance or a deed of grant signed by the parties having an interest in the transfer of rights to the land. And the making of the deed of transfer of land rights must be carried out in the presence of a notary / official who makes land deeds, so that the deed of transfer of land rights can have evidentiary power either as deeds in the judicial system or deeds that serve as the basis for making certificates. In the transfer of land rights, the principle of nemo plus juris is known, which protects the real rights holder and the principle of good faith, which means protecting people who in good faith obtain a right from the person suspected of being the legal right holder. This principle is used to provide evidentiary power for maps and public lists that exist in the Land Office.

Works Councils in Russia: Balance of Economic and Social Rights

10.12737/3466 ◽  
2014 ◽  
Vol 2 (5) ◽  
pp. 95-104
Author(s):  
Никита Лютов ◽  
Nikita Lyutov
Keyword(s):  
Russian Federation ◽  
Good Faith ◽  
Social Rights ◽  
Industrial Democracy ◽  
Economic Rights ◽  
Works Councils ◽  
The Real ◽  
The Russian Federation ◽  
German System ◽  
Russian Law

The Labour Code of the Russian Federation was amended in 2013 in a way that a new body of workers’ representation — works councils — can be established. These amendments don’t add any new rights or obligations neither to employers nor to employees. They are made with purely political purposes and only imitate the creation of the analog of the well-known German system of works councils. The author comes to conclusion that currently existing rights in informing and “taking into account” the workers’ representative body opinion, contained in the Russian Labour Code, are not sufficient for existence of the real industrial democracy. The article is aimed at answering the question, whether an implementation of functioning works councils may be beneficial to the adequate balancing of social rights of workers and economic rights of the employers. Although the full transposition of the German works councils system seems to be impossible, some of its positive features may be effectively adopted in the Russian law. For example, the employer’s obligation to consult workers shouldn’t be dependent on the existence of the workers’ representative bodies. Besides, a range of issues that are subject to the mandatory informing of workers by the employer must be significantly broadened. The procedure of consultations must include the real negotiations between the employer and employees on the basis of good faith principle.

scholarly journals Genuine, Principled and Tactical Compromise

2021 ◽  
Vol 30 (2) ◽  
pp. 11
Author(s):  
Raphael Cohen-Almagor
Keyword(s):  
Mutual Recognition ◽  
Good Faith ◽  
Middle Ground ◽  
Mutual Respect ◽  
Essential Component ◽  
Made In

<p>This essay addresses the concept of compromise. When compromise takes place between two or more parties, reciprocity must be present; that is, the concessions are mutual. Genuine compromise is based on mutual respect and on genuine concessions between the parties. First, the concept of compromise is explained. Next, a relevant distinction is made between principled and tactical compromise. A principled compromise refers to a mutual recognition by each side of the other’s rights, which leads them to make concessions to enable them to meet on a middle ground. It is genuinely made in good faith and both sides reconcile themselves to the results. To illustrate I consider the need for compromise regarding praying area for women at the Western (Wailing) Wall, considered the holiest site in Judaism. The article proceeds by considering the notion of tactical compromise that reflects temporary arrangement reached as a result of constraints related to time. Here, in fact, agents do not give up any of their aims. They do not act in good faith and do not intend to meet their counterpart on a middle ground. Instead, they simply realize that the end could not be achieved at a given point of time, and they aim to reach it stage by stage. The essential component of compromise, namely mutuality, is lacking.</p>

scholarly journals “BUKAN MERUPAKAN KERUGIAN NEGARA”: ANALISIS IMPLEMENTASI KEBIJAKAN KEUANGAN NEGARA DAN STABILITAS SISTEM KEUANGAN UNTUK PENANGANAN PANDEMI COVID-19

2020 ◽  
Vol 8 (9) ◽  
pp. 1407
Author(s):  
Dian Eka Prastiwi
Keyword(s):  
Financial System ◽  
The State ◽  
Good Faith ◽  
System Stability ◽  
Financial Policy ◽  
The Real ◽  
Real Value ◽  
The Law

Penelitian ini bertujuan untuk mengkaji isu krusial yang terkait dengan dikeluarkan PERPU NO. 1 Tahun 2020 tentang Kebijakan Keuangan Negara Dan Stabilitas Sistem Keuangan Untuk Penanganan Pandemi Corona Disease 2019 (“Covid-19”) yang diubah menjadi Undang-Undang Nomor 2 Tahun 2020. Untuk dapat mengetahui makna Kerugian Negara dan Penerapan Itikad baik sesuai dengan Pasal 27. Penelitian ini menggunakan metode normatif dengan menggunakan studi dokumen yang meliputi bahan hukum primer, sekunder dan tersier. Hasil penelitian ini menunjukkan bahwa Undang-Undang Nomor 2 Tahun 2020. Terkait dengan hal-hal yang terdapat dalam Pasal 27 PERPU No 1 Tahun 2020 juga dinilai berpotensi memunculkan korupsi dengan adanya Pasal 27 ayat 1 terutama frasa “bukan merupakan kerugian Negara”. Unsur terpenting dari suatu kerugian Negara adalah adanya perbuatan melawan hukum dan nilai kerugian yang riill. Oleh karena itu, pengaturan frasa “bukan merupakan kerugian Negara” dalam Pasal 27 ayat 1 PERPU No 1 Tahun 2020 agar tidak terjadi salah penafsiran atas Pasal tersebut maka perlu diatur lebih detail dalam penjelasan pasal demi pasal pada PERPU yang dimaksud. This study aims to examine the crucial issues associated with the issuance of PERPU NO. 1 of 2020 concerning State Financial Policy and Financial System Stability for Handling the 2019 Corona Disease Pandemic (“Covid-19”) which was amended to Law Number 2 of 2020. To be able to find out the meaning of State Loss and Implementation of Good faith in accordance with Article 27. This study uses a normative method by using document studies which include primary, secondary and tertiary legal materials. The results of this study indicate that Law Nomoor 2 of 2020. In relation to matters contained in Article 27 of PERPU No. 1 of 2020 it is also considered to have the potential to cause corruption with the existence of Article 27 paragraph 1, especially the phrase "not a loss to the State". The most important element of a State loss is an act against the law and the real value of the loss. Therefore, the regulation of the phrase "not a loss to the State" in Article 27 paragraph 1 of PERPU No. 1 of 2020 so that there is no misinterpretation of the Article, it is necessary to regulate in more detail the explanation of article by article in the PERPU referred to. 

Perlocution and the Rights of Desire

2016 ◽  
pp. 26-40
Author(s):  
Eric Lindstrom
Keyword(s):  
Friedrich Nietzsche ◽  
Good Faith ◽  
Moral Sense ◽  
Real Problem ◽  
Stanley Cavell ◽  
The Real ◽  
Short Piece ◽  
The Right ◽  
Genealogy Of Morals ◽  
Moral Perfectionism

Friedrich Nietzsche famously and mischievously begins the notorious Second Essay in On The Genealogy of Morals (1887) with an assertion that ties the proper breeding of mankind to the right to make promises. Nietzsche maintains: “[t]o breed an animal with the right to make promises—is this not the paradoxical task that nature has set itself in the case of man? Is this not the real problem which man not only poses but also faces?” Nietzsche’s language challenges its reader from the start to comprehend its various possibilities of mood and mode, rhetoric and grammar: is it a bold statement of authorial values or an ironic insinuation meant to trap the bad conscience of civilized man? More simply, is it a “real” question or a rhetorical statement? The passage loses no time in deploying some of the soldiers in the army of poetical tropes that Nietzsche unmasks as the producers of truth in his equally well-known short piece, “On Truth and Lie in an Extra-Moral Sense” (here prosopopoeia: speaking for nature).Based on this small sampling, already we can sense fully how the “literary” intensity and instability of Nietzsche’s style are embedded in his very conduct of philosophy. The question marks on which the two sentences of this opening salvo end (or sort of end, as there are original ellipses “…”) may not indicate a question has been posed at all for the reader directly to answer. No question, at least, has been posed from the quasi-naïve and open premise that we tend to call a question on equal (epistemological) footing or in (sociable) “good” faith. Not a “real” question from Nietzsche, then; but all the more a real problem. A driving interrogation in fact: in light of what the next sentence calls the “countervailing” and saving “force of forgetfulness,” the conduct of the human will in verbal action becomes “the real problem” we both pose and face as linguistic beings engaged by what Stanley Cavell understands in the term moral perfectionism.

scholarly journals The Importance Of Enforcing The Fundamental Principles Of International Law During The Negotiation Process

2015 ◽  
Vol 21 (2) ◽  
pp. 436-441
Author(s):  
Dan Gună
Keyword(s):  
Public Opinion ◽  
International Law ◽  
Negotiation Process ◽  
Good Faith ◽  
Power Balance ◽  
International Conflicts ◽  
Extra Time ◽  
The Real ◽  
The Public ◽  
Sovereign Equality

Abstract Diplomatic negotiations represent the most frequently regulated and used method when it comes to states settling their international conflicts. The negotiation process can be influenced by many factors, such as: the characteristics of the conflict, the power balance, the relation between the parties in conflict. From the perspective of international law, a significant importance for the success of negotiations is held by the observance of some principles such as: sovereign equality of the parties, the absence of force or threat to use the force, good faith, lack of interference in internal affairs, abstention from committing any act capable to worsen the conflict. For a solid lengthy settlement of a conflict, no solution can be imposed by using the force or threatening to use it and, hence, transgressing the essential attribute of states – sovereignty. States must show a good faith attitude during negotiations and use this diplomatic method with the real intent of settling the conflict and not for other strategic reasons, like getting extra time or creating a good faith appearance in front of the public opinion as they were looking for a solution.

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