Theories of Contract Law

2018 ◽  
Author(s):  
Melvin A. Eisenberg
Keyword(s):  
Contract Law ◽  
Logical Deduction ◽  
Core Set ◽  
The Social

Theories of contract law fall into three basic categories: formalist, interpretive, and normative. Formalist theories proceed by first purporting to identify a core set of rules that are justified on the ground that they are self-evident axioms, and then purporting to derive the remaining rules by logical deduction from the axioms. Interpretive theories proceed by describing areas of contract law and then determining the social propositions that are to be found in the most fundamental doctrines in the area or that meet some standard of fit with and best justify or rationalize doctrine in the area. Under normative theories the content of contract law depends on the rules that are generated by properly weighted and reconciled policy, moral, and empirical propositions. Unlike the objectives of formalist and interpretive theories, the objective of normative theories is to formulate the best possible rules of contract law.

scholarly journals Hominin evolutionary thanatology from the mortuary to funerary realm: the palaeoanthropological bridge between chemistry and culture

2018 ◽  
Vol 373 (1754) ◽  
pp. 20180212 ◽  
Author(s):  
Paul Pettitt
Keyword(s):  
Belief Systems ◽  
Upper Palaeolithic ◽  
Theme Issue ◽  
Animal Kingdom ◽  
Core Set ◽  
The Social ◽  
Research Questions ◽  
The Dead ◽  
Animal Community ◽  
Palaeolithic Archaeology

Palaeoanthropology, or more precisely Palaeolithic archaeology, offers the possibility of bridging the gap between mortuary activities that can be observed in the wider animal community and which relate to chemistry and emotion; to the often-elaborate systems of rationalization and symbolic contextualisation that are characteristic of recently observable societies. I draw on ethological studies to provide a core set of mortuary behaviours one might expect hominoids to inherit, and on anthropological observations to explore funerary activity represented in the Middle and Upper Palaeolithic, in order to examine how a distinctly human set of funerary behaviours arose from a more widespread set of mortuary behaviours. I suggest that the most profound innovation of the hominins was the incorporation of places into the commemoration of the dead, and propose a falsifiable mechanism for why this came about; and I suggest that the pattern of the earliest burials fits with modern hunter–gatherer belief systems about death, and how these vary by social complexity. Finally, I propose several research questions pertaining to the social context of funerary practices, suggesting how a hominin evolutionary thanatology may contribute not only to our understanding of human behavioural evolution, but to a wider thanatology of the animal kingdom. This article is part of the theme issue ‘Evolutionary thanatology: impacts of the dead on the living in humans and other animals’.

Costruire sul costruito. Ipotesi operative a confronto

TERRITORIO ◽  
2012 ◽  
pp. 107-111
Author(s):  
Vitaliano Tosoni
Keyword(s):  
Case Studies ◽  
Design Process ◽  
Research Activities ◽  
Core Set ◽  
The Social

Research activities are trying to address the issues of the recovery, redevelopment and enhancement of the buildings of the Tor Bella Monica neighbourhood through the formulation of a set of operations designed to achieve the social, cultural and architectural promotion of these buildings. By looking at the technical limitations resulting from the heavy prefabricated methods used to build them and also through reference to national and international case studies, a picture was constructed of possible types of action to take as an initial core set of operations designed to support the design process through graphic simulations, the indication of operational areas and the magnitude of the intervention proposed.

scholarly journals OS CONTRATOS EMPRESARIAIS FRENTE À PANDEMIA DA COVID-19: EXCEPCIONAL ABERTURA À SOLUÇÃO JUDICIAL DE CONFLITOS PARAMETRIZADA NO PRINCÍPIO DA PRESERVAÇÃO DA EMPRESA

2021 ◽  
Vol 4 (4) ◽  
pp. 70-83
Author(s):  
João Paulo Angelo Vasconcelos ◽  
Ana Paula do Carmo Galiciani Hungaro ◽  
Khetlen Eduarda Ferreira Marinho dos Santos
Keyword(s):  
Literature Review ◽  
Judicial Review ◽  
Economic Freedom ◽  
Social Reality ◽  
Contract Law ◽  
Social Model ◽  
Economic Agents ◽  
The Social ◽  
Deductive Method ◽  
Characteristic Features

In the context of the COVID-19 pandemic crisis, and in view of the challenges imposed, it analyzes reflexively on business contracts, those concluded between economic agents. Execution takes place through the deductive method, focuses on the literature review on the topic and uses an appropriate bibliography. From the analysis undertaken, it can be inferred that the contract presents itself as an important instrument of social reality, an instrument shaped over the evolution of the State, especially from the liberal to the social model. As for business contracts, which are the object of closer understanding, their characteristic features are removed, which suffer a peculiar incidence of the principles of Contract Law, to the point of glimpsing a tendency to affirm the adjustments. Guidance that remains positive in the Economic Freedom Act, whose rules provide for judicial review. However, the new context imposes itself, demanding that the interpreters, mainly the judicial, review the theory of business contracts according to the new social reality, which opens the opportunity for judicial review, to whose exercise this article contributed, indicating some parameters.

Contract Law and Reasons of Social Justice

2012 ◽  
Vol 25 (2) ◽  
pp. 393-416 ◽  
Author(s):  
E. Voyiakis
Keyword(s):  
Social Justice ◽  
Social Structure ◽  
Contract Law ◽  
Structure Sensitive ◽  
The Social

The view that contract law should do social justice deserves closer and more charitable attention than it has been given in theoretical debates. In particular, resistance to that view is often due to misunderstandings about the nature of social justice and the interests it protects; the kind of impact that contract law can make on the social structure and the demands that this would involve for individual transacting agents, and; the relation between structure-sensitive and structure-insensitive principles for the enforcement of voluntary transactions. Once these misunderstandings are dealt with, taking contract law to aim for social justice seems a no less plausible or attractive a view than most other grand normative theories of contract.

scholarly journals Social Responsibility And Globalization

2013 ◽  
Vol 29 (5) ◽  
pp. 1353 ◽  
Author(s):  
Val Candy
Keyword(s):  
Social Systems ◽  
Integrated Approach ◽  
Foreign Affairs ◽  
Moral Judgments ◽  
Multinational Organizations ◽  
Moral Decisions ◽  
Moral Standards ◽  
Core Set ◽  
The Social ◽  
Diverse Nations

Ethics is an evaluation of moral decisions and the processes involved in making them. The term also encompasses the study of moral standards and how they apply to the social systems and organizations through which modern societies produce and distribute goods. This paper argues that moral judgments do not always transfer readily onto ethical conduct in geographically and culturally diverse nations. The existing literature tends to reject relativism in addressing how multinational organizations are guided by a core set of ethical principles regardless of the culture within which they operate. The dilemma arises when multinationals need to avoid imposing American ethical ideology and formality in localized subsidiaries. This paper extends this dilemma to government intervention in foreign affairs and discusses how ideological positions can conflict within the same culture. This is apparent in the challenge government and private sector meet when balancing issues such as climate change with human rights. This paper supports an integrated approach toward bringing stability to influential oil-producing nations.

Getting Incentives Right

2014 ◽  
Author(s):  
Robert D. Cooter ◽  
Ariel Porat
Keyword(s):  
Well Being ◽  
Tort Law ◽  
Contract Law ◽  
Standards Of Care ◽  
Private Regulation ◽  
Social Good ◽  
Change Behavior ◽  
The Social ◽  
The Cost ◽  
Do So

Lawyers, judges, and scholars have long debated whether incentives in tort, contract, and restitution law effectively promote the welfare of society. If these incentives were ideal, tort law would reduce the cost and frequency of accidents, contract law would lubricate transactions, and restitution law would encourage people to benefit others. Unfortunately, the incentives in these laws lead to too many injuries, too little contractual cooperation, and too few unrequested benefits. This book explains how law might better serve the social good. In tort law, the book proposes that all foreseeable risks should be included when setting standards of care and awarding damages. Failure to do so causes accidents that better legal incentives would avoid. In contract law, the book shows that making a promise often causes the person who receives it to change behavior and undermine the cooperation between the parties. It recommends several solutions, including a novel contract called “anti-insurance.” In restitution law, people who convey unrequested benefits to others are seldom entitled to compensation. Restitution law should compensate them more than it currently does, so that they will provide more unrequested benefits. In these three areas of law, the book demonstrates that better law can promote the well-being of people by providing better incentives for the private regulation of conduct.

scholarly journals Content Analysis of Work Limitation, Stanford Presenteeism, and Work Instability Questionnaires Using International Classification of Functioning, Disability, and Health and Item Perspective Framework

2013 ◽  
Vol 2013 ◽  
pp. 1-11 ◽  
Author(s):  
Vanitha Arumugam ◽  
Joy C. MacDermid ◽  
Ruby Grewal
Keyword(s):  
Content Analysis ◽  
Vocational Rehabilitation ◽  
Self Report ◽  
International Classification Of Functioning ◽  
Conceptual Basis ◽  
The Core ◽  
Core Set ◽  
The Social ◽  
Work Limitation

Background. Presenteeism refers to reduced performance or productivity while at work due to health reasons. WLQ-26, SPS-6, and RA-WIS are the commonly used self-report presenteeism questionnaires. These questionnaires have acceptable psychometric properties but have not been subject to structured content analysis that would define their conceptual basis.Objective. To describe the conceptual basis of the three questionnaires using ICF and IPF and then compare the distribution and content of codes to those on the vocational rehabilitation core set.Methods. Two researchers independently linked the items of the WLQ-26, SPS-6, and RA-WIS to the ICF and IPF following the established linking rules. The percentage agreement on coding was calculated between the researchers.Results. WLQ-26 was linked to 62 ICF codes, SPS-6 was linked to 17 ICF codes, and RA-WIS was linked to 74 ICF codes. Most of these codes belonged to the activity and participation domains. All the concepts were classified by the IPF, and the most were rational appraisals within the social domain. Only 12% of codes of the core set for vocational rehabilitation were used in this study to code these questionnaires.Conclusion. The specific nature of work disability that was included in these three questionnaires was difficult to explain using ICF since many aspects of content were not confined. The core set for vocational rehabilitation covered very limited content of the WLQ-26, SPS-6, and RA-WIS.

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.

scholarly journals Reducing the Administrative Demands of the Science Curiosity Scale: A Validation Study

2019 ◽  
Author(s):  
Matthew Motta ◽  
Dan Chapman ◽  
Kathryn Haglin ◽  
Dan Kahan
Keyword(s):  
Social Sciences ◽  
Reduced Form ◽  
Random Subset ◽  
New Methods ◽  
Related Information ◽  
Core Set ◽  
The Social ◽  
Administration Time ◽  
Selected Subset ◽  
Nationally Representative

Abstract Science curious people—those who enjoy consuming science-related information—are less likely to hold politically polarized views about contentious science. Consequently, science curiosity is of great interest to scholars across the social sciences. However, measuring science curiosity via the science curiosity scale (SCS) is time intensive; potentially impeding its widespread usage. We present two new methods for reducing SCS administration time. One method presents respondents with a randomly selected subset of items (“Random Subset [RS] Method”). The other asks all respondents a core set of just four items (“Reduced-Form Method;” RF). In three nationally representative surveys, we assess the construct, convergent, and predictive validity of these alternatives. We find both versions to be well validated.

scholarly journals A contract law for future generations

2020 ◽  
Vol 2 (2) ◽  
pp. 35-56
Author(s):  
Cristina Poncibò
Keyword(s):  
Sustainable Development ◽  
Multinational Enterprises ◽  
Contract Theory ◽  
Codes Of Conduct ◽  
Active Role ◽  
Contract Law ◽  
Third Party ◽  
The Social ◽  
Development Goals ◽  
Commercial Relationships

While attention for the social and environmental impacts of international business is certainly not new, the past years have seen renewed interest due pressing global problems such as climate change, poverty, and human rights violations. Multinational enterprises (MNEs) are increasingly called upon to play an active role and thus contribute to a more sustainable development. Interestingly, legal scholars are studying how MNEs are adopting codes of conduct advancing sustainable development goals to rule their commercial relationships with their suppliers in global supply chains. Some of these goals are incorporated in contractual terms when the company insert sustainability contractual clauses in international supply agreements. These contractual provisions dealing with public values represent "irritant clauses" for contract theory and pose some challenging questions to contract law scholars. The article considers, in particular, the following research questions: firstly, are these contractual provisions binding and enforceable by the parties or by a third party to the contract? Secondly, are they really "part of the contract" or do they play many functions? Thirdly, do they have an impact in advancing sustainability goals? Finally, the case of sustainability contractual clauses confirms that a new, specifically intergenerational, contract theory is needed.

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