Developing a relational law of contracts: striking a balance between abstraction and contextualism

Relational contract theory holds that the interpretation of a contract must take full account of the context and surrounding circumstances of the parties’ bargain so as to give effect to their respective intentions. This paper argues that if a relational treatment of contracts is to be institutionalised, in the sense of being utilised in a contract dispute to determine and give effect to the parties’ intentions, then it must operate at an abstract level. That is to say, rather than using relevant context to determine what the actual parties intended in the circumstances at hand, the contextualist enquiry should ascertain the relevant context by reference to what the parties would have agreed to in the circumstances, had they properly reflected on what their self-interest requires. I discuss the merits of this proposition by reference to a number of appellate judgments, which already endorse contextualism as a response to contractual ambiguity, and I ultimately apply it to the Supreme Court's judgment in Rainy Sky SA v Kookmin Bank.

Methodological aspects around the reconstruction of surname sub-sets in bimodal networks

This article addresses the methodological aspects surrounding the transformation of a cadastral land registry from the end of the 19th century belonging to the department of Humahuacua, Jujuy province (Argentina), in a series of bimodal matrices and networks. The idea that has guided the relational treatment of the data towards said historical sources, starts from the premise that certain individuals carrying a discrete set of surnames, and who have shared similar monetary amounts of appraisal declared in the said land cadastre, were more likely to link with each other in different areas of social life, such as the limited political and regional power circle of the late nineteenth century in Jujuy. The results obtained show the possibility of delimiting and reconstructing sub-sets of surnames that are linked less and/or more frequently to each other, according to four pre-constructed appraisal categories based on a segmentation of the registered monetary valuations in the land registry. Likewise, and as a product of this new grouping of information arising from the application of Social Network Analysis (ARS), it is feasible to limit the study to the qualitative aspects (age, residence, descent, nuptial ties, baptismal sponsorships) of individuals that formed part of these resulting sub-sets, through the focused search of ecclesiastical acts recorded within the same historical period.

Relational Treatment Program for Suicidal Adolescents and Their Families “Life Is Calling”

Purpose: Research was performed to evaluate the “Life Is Calling” treatment program for suicidal adolescents and their families. Methods: A confirmatory factor analysis was performed on the Icelandic version of the Reasons for Living Instrument—Adolescents (IRFL-A) using a nonclinical group. The IRFL-A was used to measure the outcome of the program for a clinical group of suicidal adolescents. The nonclinical and clinical groups were compared. The parents reflected on how effective the program was. Results: The IRFL-A instrument was shown to be fit for use in Iceland. The adolescents’ desire to live changed for the better during treatment and 6 months after treatment. According to the parents, the program was very useful/useful for them, the family, and their suicidal adolescent. Conclusion: The IRFL-A is a useful assessment instrument both in clinical settings and for research. The treatment program is effective for suicidal adolescents regardless of their gender or age.

Aby Warburg, the Hopi Serpent Ritual and Ludwig Binswanger

Aby Warburg was the scion of a prominent Hamburg banking house who became a distinguished European cultural and art historian. He researched the vestiges of pagan antiquity in Renaissance and Reformation art, explored the secret rituals of the Hopis in Arizona, and acutely perceived the savage anti-Semitism in German and European culture. He developed a paranoid psychosis, and was treated by Freud and Bleuler's pupil Ludwig Binswanger in his Kreuzlingen sanatorium, where we can see his existential and relational treatment at work. Warburg was released after he could present a coherent account of the Hopi ‘serpent ritual’ in a public lecture. The brutal pagan underside of European culture was not only in the high cultural artefacts he studied; it was also inside Warburg. This paper explores the interweaving of inner life with creative work and the relationships between Warburg, Binswanger and Freud.