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Academic literature on the topic 'Contracts – Philosophy'

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Published: 10 March 2023

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Journal articles on the topic "Contracts – Philosophy"

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Jauhari, Sofuan. "Akad dalam Perspektif Filsafat Hukum Islam." Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman 3, no. 2 (December 1, 2015): 01–22. http://dx.doi.org/10.52431/tafaqquh.v3i2.43.

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In an era of globalization, typology of contract covenants must not only be done in one place but also penetrated the online channels (e-commerce). Islamic law as a legal umbrella to be able to accommodate any developments typology of existing contracts. Review of contracts in the perspective of the philosophy of Islamic law meant to discuss the fundamental issues about the nature of the contract in Islamic law to find and cherished values (wisdom) wisdom through contemplation, the formulation of values and harmonize the mind (logical), so the purpose of the contract will be achieved. The purpose of the contract is the subject of the contract when the purpose of transferring the contract.
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LAVIN, MICHAEL. "Ulysses Contracts." Journal of Applied Philosophy 3, no. 1 (March 1986): 89–101. http://dx.doi.org/10.1111/j.1468-5930.1986.tb00367.x.

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Barnett, Randy E. "Contract Remedies and Inalienable Rights." Social Philosophy and Policy 4, no. 1 (1986): 179–202. http://dx.doi.org/10.1017/s0265052500000479.

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I. IntroductionTwo kinds of remedies have traditionally been employed for breach of contract: legal relief and equitable relief. Legal relief normally takes the form of money damages. Equitable relief normally consists either of specific performance or an injunction – that is, the party in breach may be ordered to perform an act or to refrain from performing an act. In this article I will use a “consent theory of contract” to assess the choice between money damages and specific performance. According to such a theory, contractual obligation is dependent on more fundamental entitlements of the parties and arises as a result of the parties' consent to transfer alienable rights.My thesis will be that the normal rule favoring money damages should be replaced with one that presumptively favors specific performance unless the parties have consented to money damages instead. The principal obstacle to such an approach is the reluctance of courts to specifically enforce contracts for personal services. The philosophical distinction between alienable and inalienable rights bolsters this historical reticence, since a right to personal services may be seen as inalienable.I will then explain why, if the subject matter of a contract for personal services is properly confined to an alienable right to money damages for failure to perform, specific enforcement of such contracts is no longer problematic. Finally, I shall consider whether the subject matter of contracts for corporate services is properly confined to money damages like contracts for personal services, or whether performance of corporate services can be made the subject of a valid rights transfer and judicially compelled in the same manner as contracts for external resources.
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Wertheimer, Alan. "Unconscionability and Contracts." Business Ethics Quarterly 2, no. 4 (October 1992): 479–96. http://dx.doi.org/10.2307/3857584.

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This article considers the principles that underlie the claim that some contracts are unconscionable and that such contracts should not be enforceable. It argues that it is much more difficult to explain unconscionability than is often supposed, particularly in cases where the contract is mutually advantageous or Pareto superior. Among other things, the article considers whether unconscionability is a defect in process or result, whether the gains in an unconscionable contract are disproportionate, whether there is a strong link between the use of standard forms and unconscionability, and whether the principle of inequality of bargaining power can account for unconscionability. After rejecting several standard explanations of unconscionability, I consider several alternative ways in which it might be explained.
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Hryniak, Andrii B., and Oleg B. Hryniak. "Contractual grounds for the emergence of housing ownership." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 1 (March 24, 2021): 115–27. http://dx.doi.org/10.37635/jnalsu.28(1).2021.115-127.

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The study provides the theoretical analysis of such secondary grounds for the emergence of housing ownership as civil law contracts. It is established that a civil law contract constitutes the most common basis, which delineates the general will of the contracting parties in a single expression of will, aimed at the transfer of housing ownership. There is a good reason that the contract constitutes a legal fact, a form of legal relations, a document that consolidates the rights and obligations of the parties, and the regulator of the relationship of transfer of housing. The study analysed and proposed to supplement the current system of civil law contracts as grounds for the housing ownership by such contractual forms as a pledge agreement (mortgage), donation agreement, a hire-purchase agreement, inheritance agreement, and marital agreement. In addition, the study established the differences between the housing barter contract and the housing exchange contract. The authors emphasised the imperfections of the current legislation in this regard and concluded that these contractual structures have different legal nature, because the barter agreement serves as the basis for the housing ownership, and the exchange agreement serves only as the basis for the right of use. Distinguishing the gift agreement as the basis for the ownership of housing and wills, it was concluded that the gift agreement may be concluded in the event of the donor’s death in the future, as the law does not make provision for such a prohibition. That is, the contracting parties may stipulate in the housing gift agreement that the housing passes to the donee from the moment of death of the donor. Special attention is paid to the features of the gift agreement as the basis for the housing ownership, which is reflected in the right of the donor to determine the purpose of use of housing, which is transferred to the ownership of the person under the contract. The purpose stated in the gift agreement must correspond to the purpose of the housing. The study considered the specific features of inheritance and marriage contracts as grounds for the emergence of ownership of housing. Civil law contracts are proposed as a basis for the emergence of housing ownership to be classified as housing purchase and sale contracts; housing barter agreements; perpetual maintenance agreements; housing rental agreements; housing gift agreements; housing mortgage agreements; housing donation agreements; hire-purchase agreements; inheritance agreements; marital agreements; construction agreements; agreements on joint activities
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Coleman, Jules L. "Contracts and Torts." Law and Philosophy 12, no. 1 (February 1993): 71. http://dx.doi.org/10.2307/3505005.

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Coleman, Jules L. "Contracts and torts." Law and Philosophy 12, no. 1 (February 1993): 71–93. http://dx.doi.org/10.1007/bf01000796.

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Mirić, Marija Karanikić, and Tatjana Jevremović Petrović. "Administrative Contracts in Serbian Law – Specificities of the New Statutory Regime." Review of Central and East European Law 45, no. 1 (March 13, 2020): 1–35. http://dx.doi.org/10.1163/15730352-04404005.

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The subject of this paper is the special legal regime for administrative contracts under the recently enacted Serbian Law on General Administrative Procedure of 2016. We offer a comprehensive analysis of the new statutory rules, and examine their relationship to the general rules and principles of Serbian contract law. In addition, we identify the main shortcomings of the new regime, especially in the context of the lack of any statutory, scholarly and judicial typology of administrative contracts in Serbia. Furthermore, we highlight the lack of references to the notions of public interest, public purpose or public needs in the statutory definition of administrative contracts. This is cause for concern, since only the need to protect the public interest could justify the new statutory provisions, which significantly improve the contractual position of a public body as a contracting party in relation to the position of a private entity as the other party in administrative contracts. There is as yet no case law pertaining to administrative contracts in Serbia. This is why we turn to practical experience in the Croatian legal system, which is sufficiently similar and historically connected to Serbia via a shared Yugoslav heritage. We also consider German and French legal models, since they traditionally serve as comparative points of reference for Serbian legal scholars, judges and law makers.
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Miller, S. R. "CONVENTIONS AND SOCIAL CONTRACTS." Philosophical Papers 16, no. 2 (August 1987): 85–105. http://dx.doi.org/10.1080/05568648709506269.

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Ridwan, Ridwan. "Konstruksi filosofis akad-akad ekonomi syariah." IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan 15, no. 2 (January 22, 2016): 257. http://dx.doi.org/10.18326/ijtihad.v15i2.257-274.

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The problem that frequently appears in Islamic economic contract is the debate on its normative legaland philosophical basis. This article will explain that many contracts in Islamic economic law are basedon the philosophy of law. The philosophy of Islamic economic law is based on triangle concept, i.e.philosophy of God, human being, and nature. It is characterized by God-oriented (rabbani) and humanity-oriented (insani) economy. Its God-oriented character preceives Allah (God) as the center ofhuman awareness in performing economic activities and it reflects in economic behavior considering thenature of human being and promoting the values of goodness, justice, and mutual relationship.
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Dissertations / Theses on the topic "Contracts – Philosophy"

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MacKay, Kathryn. "An examination of exploitation in international gestational surrogacy contracts." Thesis, McGill University, 2010. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=86945.

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This thesis aims to determine whether international gestational surrogacy contracts are exploitative, and whether they should be prohibited. I chose a group of women working as surrogates at Kaival Maternity Home and Surgical Hospital, in Anand, Gujarat, India as a study group. After examining their life circumstances, I argue that these women live in unjust circumstances caused by institutional sexism and poverty. I critically assess arguments launched against surrogacy, organ trade, and prostitution and find that none of these are sufficient for demonstrating that contracts involving the sale of the body are necessarily exploitative. I find that surrogacy is exploitative because of a complex set of social conditions. Further, the contracts are beneficial to both the woman acting as surrogate and to the couple hiring her. I conclude that international gestational surrogacy is exploitative yet mutually beneficial, and prohibiting surrogacy would be harmful unless accompanied by drastic social change.
Cette thèse vise à savoir si les contrats internationaux de maternité de substitution sont une forme d'exploitation et s'ils devraient être interdits. La population étudiée est un groupe de femmes travaillant comme mères de substitution au Kaival Maternity Home and Surgical Hospital à Anand (Gujarat) en Inde. Après examen de leurs conditions de vie, je soutiens que ces femmes vivent dans des conditions injustes causées à la fois par la pauvreté et par une forme de sexisme institutionnalisé. Puis, j'ai étudié et évalué les arguments critiquant cette pratique ainsi que ceux relatifs au commerce d'organes et à la prostitution. J'en ai conclu qu'aucun d'entre eux n'est cependant suffisant pour démontrer que des contrats impliquant la mise en vente du corps sont nécessairement et par essence des outils d'exploitation. La maternité de substitution est une forme d'exploitation parce qu'elle met en jeu un ensemble complexe de conditions sociales inégalitaires. Cependant, ce type de contrat profite à la fois à la mère de substitution et au couple qui l'emploie. Les contrats internationaux de maternité de substitution sont une forme d'exploitation mais ils apportent un bénéfice mutuel. Dès lors, interdire la maternité de substitution serait préjudiciable à moins qu'une telle mesure ne soit accompagnée d'un changement social drastique.
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Modena, Maura Regina. "Ética nas relações contratuais contemporâneas segundo pensamento de Amartya Sen : os requisitos da capacidade, boa-fé, autonomia e equidade nos contratos de massa." reponame:Repositório Institucional da UCS, 2017. https://repositorio.ucs.br/11338/3813.

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A presente pesquisa busca analisar sob o ponto de vista ético as relações contratuais contemporâneas. Este trabalho inicia com o estudo do instituto do contrato, traçando uma linha de tempo desde a origem do contrato no Direito Romano até os tempos Modernos. Desse início entre os romanos interessou-nos para os fins perseguidos nesta Dissertação o modo como foi então tratada a questão da capacidade das partes contratantes. Na sequência, no período medieval a ideia que nos pareceu mais relevante para o esboço da história da teoria dos contratos foi a introdução do princípio da boa-fé. Já no período moderno a contribuição destacada foi a consagração do dogma da autonomia da vontade. Na sequência, a pesquisa procura demonstrar o declínio das formas de contratações consagradas no Direito Contratual Clássico, pois com o surgimento da nova sociedade de consumo massificada e o correspondente imenso incremento das necessidades sociais e econômicas de distribuição de bens e serviços, não foi mais possível que as contratações fossem baseadas na vontade individual, pelo menos não no sentido estrito e clássico da expressão, visto que não havia mais como compatibilizar o conceito pleno de manifestação da vontade individual, que pressupõe o domínio cognitivo pleno do objeto da contratação, com a realidade dos novos padrões de interação social criados pela economia contemporânea. Nesta linha, a pesquisa buscou demonstrar como são uniformemente aceitos pelo incontável número de aderentes que constituem as outras partes, homogeneizadas estas por múltiplas formas de adesão padronizadas, entre elas, as mais recentes, por meio da tecnologia informatizada. O trabalho pretende desenvolver uma reflexão ética sobre as formas de contratação em larga escala, feitas através desses instrumentos de adesão, cada vez mais complexos em sua forma e técnica, em que o Estado, embora insuficientemente, tutela o indivíduo, reconhecendo-o como vulnerável nessas contratações. Busca-se o entendimento do conceito de capacidade na atualidade, bem como dos limites em que o indivíduo exerce sua liberdade de escolha e autonomia nesses atos. A pesquisa busca demonstrar como nas contratações contemporâneas o princípio da boa-fé deixou de ser um “standard” das relações negociais, visto que a grande maioria dos contratos da atualidade não contempla o real interesse da parte vulnerável. Por fim, o presente trabalho tenta demonstrar o caráter parcial e, por isso, insuficiente das medidas tomadas para dar solução a essa dificuldade através das leis e códigos que regulam e que, na maioria das vezes, trazem mitigações “ex post”. O trabalho procura ainda sugerir novas soluções para que se proteja o indivíduo no momento de contratar como a exigência legal de instrumentos contratuais mais simples ou como a facilitação do distrato. Só assim, acreditamos, será possível conseguir verdadeira equidade nas relações contratuais, relações baseadas na boa-fé e que promovam os reais interesses das partes, buscando uma sociedade mais justa e equilibrada.
Coordenação de Aperfeiçoamento de Pessoal de Nível Superior, CAPES
The present research seeks to analyze, from the ethical point of view, contemporary contractual relations. This paper begins with the study of the institute of contracts, tracing a timeline from the origin of the contract in the Roman Law to the Modern times. Concerning this beginning among the Romans, the main point of interest for the purposes pursued in this dissertation was the way in which the issue of the capacity of the contracting parties was then dealt with. Afterwards, in the medieval period, the idea that seemed to us most relevant to the history of contract theory was the introduction of the principle of good faith. In the modern period, the outstanding contribution was the consecration of autonomy of will as a dogma. Thereafter, the research seeks to demonstrate the decline of the consecrated contractual forms established in the Classic Contractual Law, for with the emergence of the new mass consumer society and the corresponding immense increase of social and economic needs in the distribution of goods and services, it was no longer possible that contractual relations were based on individual will, at least not in the strict and classical sense of the term, since there was no longer a way to reconcile the full concept of expression of individual will, which presupposes the full cognitive domain of the contracting object, to the reality of the new patterns of social interaction created by the contemporary economy. In this scope, the research sought to demonstrate how they are uniformly accepted by the countless number of adherents who compose the other parts, these then homogenized by multiple standardized forms of adhesion, among them, the most recent ones, through computerized technology. The paper intends to develop an ethical reflection about the large-scale forms of contracting , which are done through these instruments of adhesion, increasingly complex in their form an technique, in which the State, although not sufficiently, protects the individual, acknowledging them as vulnerable in these contracts. It is aimed to understand the concept of capacity in the present times, as well as the limits in which the individual exercises his freedom of choice and autonomy in these acts. The research intends to demonstrate that the principle of good faith is no longer a "standard" of business relations in contemporary contracting, since the great majority of current contracts do not contemplate the real interest of the vulnerable party. Finally, the present paper tries to demonstrate the partial and, therefore, insufficient character of the measures taken to solve this difficulty through the laws and codes that regulate and that, in in most cases, bring “ex post” mitigations. The paper also attempts to suggest new solutions in order to protect the individual when contracting, as the legal requirement of simpler contractual instruments or as the facilitation in the agreement of rescission. Only in this way, we believe, it will be possible to achieve true equity in contractual relations, relations based on good faith and which promote the real interests of the parties, persuing a fairer and more balanced society.
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Österlund, Henrik. "Contestability and Legitimacy : The Case for Contestability as Political Legitimization in the Presence of Problematic Contracts." Thesis, Umeå universitet, Institutionen för idé- och samhällsstudier, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-163361.

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In this essay, I discuss the merits of contestability in contrast with consent as a meansof legitimizing the state. Particularly I have been concerned with problematiccontracts: Contracts with undefined obligations and their implications on thelegitimacy of voluntarist consent. Through my argumentation, I have shown thatvoluntarist consent to political mandates has a hard time legitimizing politicalauthority in the presence of problematic contracts – and instead, that legitimationbased on the the ability to contest decisions may provide a better degree of politicallegitimacy. Contestability can seemingly also be combined with elements of voluntaristconsent to further cement the legitimacy of decisions.
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Grégoire, Marie Annik 1971. "Liberté, responsabilité et utilité : la bonne foi comme instrument de justice contractuelle." Thesis, McGill University, 2008. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=115645.

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This thesis outlines the guiding principles of obligations law in Quebec, more particularly its contractual component. We are trying to establish a model of analysis that will seek to define and legitimize the precepts of justice that should guide judicial intervention in contractual relationships.
As part of this study, we identify certain principles that are fundamental in the theory of contract: notably, commutative justice, contract commutability, subjective rights and legitimate interests. We establish the relationship between each of these basic concepts to conclude that to be consistent with the principles of commutative justice, contract commutability shall not be based on a monetary equivalent of benefits but on the respect of a standard based on peaceful coexistence of rights and interests. It consists therefore of a normalization of contractual relations which ceases to be purely subjective. This finding leads to several inferences: the addition of the circumstances of the execution and termination of the contract, rather than simply its creation, to the possibilities of judicial review, a better legitimization of such review and the recognition of the principle of good faith as a privileged instrument for a fairer contractual commutability. Moreover, the last part of our thesis is devoted to examining judicial practice interventions based on good faith in order to illustrate the principles expressed in the study.
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Chadwick, Stephen. "The social contract tradition and international relations." Thesis, University of Aberdeen, 1998. http://digitool.abdn.ac.uk/R?func=search-advanced-go&find_code1=WSN&request1=AAIU105576.

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This thesis is a study of the normative views of international relations proposed by philosophers in the social contract tradition of political theory. I have concentrated on the theories of Hobbes, Locke, Rousseau, Kant and Rawls. Part one of the thesis provides the theoretical background to the practical issues of international relations discussed in part two. In chapter one I summarise the main points in their political theories which are necessary for a full understanding of their views of international relations. Chapter two is concerned with general approaches to international relations - internationalism, cosmopolitanism and international moral scepticism. Throughout part two, I use the internationalist/cosmopolitan distinction in order to evaluate the international norms proposed by the contract theorists. Part two is concerned with practical problems of international relations. Chapter three concentrates on issues of war and peace. Many of the contract theorists propose internationalist just war theories, but I show that such principles do not necessarily conflict with a cosmopolitan conception of morality. Inter-state government is discussed in chapter four. I ask whether such an institution is the logical outcome of Hobbes' political theory, and examine proposals for an international federation by the Abbé de Saint-Pierre, who accepted much of Hobbes' domestic theory, and Kant who provides perhaps the most famous example. Chapter five is concerned with international distributive justice. I provide an interpretation of Locke's theory of property which leads to a radical stance in the international domain. As Rawls' theory of distributive justice has received much attention, I also examine how such a theory should apply to the international domain, paying particular attention to the views of Charles Beitz and Thomas Pogge.
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Boismain, Corinne. "Les contrats relationnels." Nantes, 2004. http://www.theses.fr/2004NANT4024.

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Traditionnellement, le contrat apparaissait comme un moyen donné aux parties d'exercer une emprise sur l'avenir. Le contrat apparaît plus aujourd'hui comme un lien entre les parties dont il est l'oeuvre commune. Il serait fondé sur une collaboration entre les parties qui permettrait d'obtenir des rapports plus équilibrés et plus égalitaires, empreints de plus de fraternité et de justice : les contractants, d'adversaires deviendraient partenaires. Le droit appréhende difficilement cette nouvelle conception du contrat. Aux Etats-Unis, Monsieur MacNeil, a étudié le comportement des contractants. Il en a déduit que la vision traditionnelle de la théorie classique était erronée. Il a alors créé la notion de contrat relationnel (relational contract). L'introduction de la notion de contrat relationnel en droit français permettrait de mieux appréhender l'évolution de la notion de contrat, et par conséquent de pouvoir développer un régime juridique adapté
Traditionally, the contract appeared as a means given to the parties to contain the future. Today, the contract appears as a link between contracting parties. It is supposed to be based on parties' collaboration. Contract law apprehends with difficulty this new contract. In the United States, Mr MacNeil, has studied contractors' behavior. He deduced from it that the classical theory was erroneous. That is why he created the notion of relational contract. In these contracts, as their name indicates, the relation that links the parties is essential. This type of contract includes the element of duration and the one of personal engagement. With the introduction of the concept of relational contract in French law it would be easier to apprehend the evolution of contract. Therefore, it would be easier to develop an adapted legal status
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Grinnell, Jason David. "BIOLOGY, POLICY, AND THE RACIAL CONTRACT." Bowling Green State University / OhioLINK, 2006. http://rave.ohiolink.edu/etdc/view?acc_num=bgsu1144763931.

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Arrese, Héctor. "El proyecto fichteano de un derecho penal independiente de la ética." Pontificia Universidad Católica del Perú - Departamento de Humanidades, 2012. http://repositorio.pucp.edu.pe/index/handle/123456789/113089.

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The Fitchean Project of a Penal Right Independent from Ethics. in this paper I intend to examine the Fitchean Project of building a theory of right independent from ethics, especially in the sphere of penal right. I consider that the ideas of atonement for pure and applied right are different. This difference responds to the psychological and moral presuppositions of each and puts the internal consistency of the theory into checkmate.
En este trabajo me propongo examinar el proyecto fichteano de construir una teoría del derecho independiente de la ética, en especial en el ámbito del derecho penal. Considero que la idea de expiación del derecho puro y el aplicado son diferentes, en razón de los supuestos psicológico-morales de cada una, lo cual pone en jaque la consistencia interna de la teoría.
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Brake, Elizabeth. "Marriage, contract, and the state." Thesis, University of St Andrews, 1999. http://hdl.handle.net/10023/14482.

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This thesis is a work of applied moral and political philosophy which analyses the moral value of marriage and argues for a restructuring of the legal institution of marriage in accordance with principles of justice. The first section contains exegesis and criticism of Kant's and Hegel's accounts of marriage. Kant's focus is on the contractual exchange of rights, Hegel's on the nature of the relationship between the spouses. In the second section, I consider Kantian, Hegelian, and eudaimonistic accounts of the moral value of marriage and conclude that moral value is found in the relationship between the spouses, not in the rights established through the marriage contract. In order to defend the position that loving relationships have moral value, I elucidate what moral value love for a particular other has within a universalist ethics. While I argue that marriage has no moral value which is not to be found in such relationships, I defend a Hegelian account which locates social value in the institution of marriage precisely because it promotes such relationships. In the final section, I argue that the principle of liberal neutrality requires that the principle of freedom of contract should apply to marriage. While I defend the institution of marriage against certain feminist criticisms, I also argue that justice requires that the state recognize same-sex and polygamous unions as marriages. Freedom of contract may be limited under certain conditions in the interest of gender equality; I argue for an interpretation of Rawls' principle of equal opportunity which entails that liberalism is committed to addressing gender inequality even at the expense of freedom of contract.
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Ntsholo, Vukani Patrick. "Improving the performance of SME building contractors through the implementation of TQM philosophy." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1018741.

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The study focused on identifying ways in which the delivery of the building infrastructure projects that are executed by SME contractors can be improved. TQM, which has been widely used in other sectors with great success, has been explored as the tool that can be used to improve the delivery of building projects. The literature review that was conducted focused on the entire spectrum of the project cycle. It first addressed the functioning of the public sector and the legislative mandate of the DPW. Then it addressed the construction industry and SME contractors that are working in the built environment. TQM together with its elements were explored in detail to determine its applicability in terms of the delivery of building projects. The empirical study was undertaken to test the outcomes of the literature review in the context of the built environment. A quantitative research method was adopted for the study which achieved a response rate of 44 percent. Descriptive statistics were computed during the analysis of the data with the mode being used as the main measuring tool. The findings revealed that there was an uneven distribution of human capital in the industry and the consulting firms were the biggest benefactors of this. The study also revealed a high turnover rate in the SME contractors while the public sector has the oldest employees. Architects and construction managers were found to be the least represented profession. There was also a high concentration of role players in the Amathole Region. The recommendations were four fold and the Department of Public Works (DPW) as client body had to take the centre stage in implementing such recommendations. The recommendations are meant to address: the development of technical people to enhance their capacity, the reduction of the high turnover rate of technical people, the uneven distribution of resources, and specifying of the roles and responsibilities of all the people that are involved in building infrastructure projects.
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Books on the topic "Contracts – Philosophy"

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1958-, Campbell David, Collins Hugh 1953-, and Wightman John 1952-, eds. Implicit dimensions of contract: Discrete, relational, and network contracts. Oxford: Hart Pub., 2003.

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Blau, Judith R. Social contracts and economic markets. New York: Plenum Press, 1993.

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Contract theory. Oxford, Eng: Oxford University Press, 2004.

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Valcke, Catherine. Theory of contract law. [Toronto]: Faculty of Law, University of Toronto, 2009.

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University of Toronto. Faculty of Law, ed. Contracts small group: Supplement 1. Toronto: Faculty of Law, University of Toronto, 1997.

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Equitable law of contracts: Standards and principles. Ardsley, N.Y: Transnational Publishers, 2001.

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Hillman, Robert A. The richness of contract law: An analysis and critique of contemporary theories of contract law. Dordrecht: Kluwer Academic, 1997.

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Hillman, Robert A. The richness of contract law: An analysis and critique of contemporary theories of contract law. Dordrecht: Kluwer Academic, 1997.

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Minguo chu nian "qi yue zi you" gai nian de dan sheng: Yi Da li yuan de yan shuo shi jian wei zhong xin. Beijing Shi: Beijing da xue chu ban she, 2006.

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V, Ivanov V. Obshchai︠a︡ teorii︠a︡ dogovora. Moskva: I︠U︡rist, 2006.

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Book chapters on the topic "Contracts – Philosophy"

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Sacconi, Lorenzo. "Information, Incomplete Contracts and the Ethical Code." In Studies in Economic Ethics and Philosophy, 115–34. Berlin, Heidelberg: Springer Berlin Heidelberg, 2000. http://dx.doi.org/10.1007/978-3-642-57300-2_5.

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Kowalski, Dean A. "Firefly as Philosophy: Social Contracts, Political Dissent, and Virtuous Communities." In The Palgrave Handbook of Popular Culture as Philosophy, 1–23. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-319-97134-6_28-1.

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Warner, Richard. "Indirect Reports in the Interpretation of Contracts and Statutes: A Gricean Theory of Coordination and Common Knowledge." In Further Advances in Pragmatics and Philosophy: Part 2 Theories and Applications, 25–40. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-00973-1_2.

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Benson, Peter. "Contract." In A Companion to Philosophy of Law and Legal Theory, 29–63. Oxford, UK: Wiley-Blackwell, 2010. http://dx.doi.org/10.1002/9781444320114.ch2.

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Banham, Gary. "Possession, Property and Contract." In Kant's Practical Philosophy, 152–80. London: Palgrave Macmillan UK, 2003. http://dx.doi.org/10.1057/9780230501188_7.

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Weale, Albert. "Justice and Social Contract." In Encyclopedia of the Philosophy of Law and Social Philosophy, 1–8. Dordrecht: Springer Netherlands, 2022. http://dx.doi.org/10.1007/978-94-007-6730-0_913-1.

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Haworth, Alan. "Rawls: Comparisons and Contrasts." In Political Philosophy After 1945, 69–88. London: Routledge, 2022. http://dx.doi.org/10.4324/9781315111674-8.

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Shelley, Cameron. "Social Contract." In Studies in Applied Philosophy, Epistemology and Rational Ethics, 89–104. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-52515-0_6.

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Cserne, Péter. "Paternalism in Philosophy: Conceptions and Justifications." In Freedom of Contract and Paternalism, 9–28. New York: Palgrave Macmillan US, 2012. http://dx.doi.org/10.1057/9781137000323_2.

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Hampton, Jean. "Contract and Consent." In A Companion to Contemporary Political Philosophy, 478–92. Oxford, UK: Blackwell Publishing Ltd, 2017. http://dx.doi.org/10.1002/9781405177245.ch21.

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Conference papers on the topic "Contracts – Philosophy"

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Pieniążek, Marcin, and Andrzej Frycz Modrzewski. "On the concept of subjectivity in the promissory theory of contracts from the perspective of Paul Ricoeur’s philosophy." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_sws102_01.

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Pieniążek, Marcin. "On the concept of subjectivity in the promissory theory of contracts from the perspective of Paul Ricoeur’s philosophy." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_wg139_03.

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Bagga, A., and T. J. Dupuis. "Waterfront Partnership – Integration and Cooperation in Submarine Repair." In 14th International Naval Engineering Conference and Exhibition. IMarEST, 2018. http://dx.doi.org/10.24868/issn.2515-818x.2018.047.

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HMCS Victoria Repair Work Period was a strategic partnership between a naval repair facility and an industry partner fostering ground up cultural change and pushing the limits of integration at the waterfront. Many traditionalists might argue that partnering with industry via in-service-support (ISS) contracts is a precursor to rendering naval maintenance facilities redundant, thus accelerating their obsolescence. However, the HMCS Victoria Repair Work Period (VIC RWP) in the Royal Canadian Navy’s (RCN) dry dock in Esquimalt, BC presented a unique opportunity to further a philosophy predicated on an integrated and synergetic approach. A vast work scope, complex submarine design, supply chain issues exacerbated by specialized labour shortages, spurred a change to a long standing approach to submarine maintenance, namely with a Request for Proposal for integrated support resulting in a long-term partnership aimed at achieving the operational requirements of the RCN.
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Creder, Fábio. "Can one dispense with the idea of social contract as parameter for a relevant theory of justice? Some disadvantages of Amartya Sen’s comparative approach." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_wg152_04.

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Creder, Fábio. "Pode-se prescindir da ideia de contrato social como parâmetro para uma teoria da justiça relevante? Alguns inconvenientes da abordagem comparativa de Amartya Sen." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_sws97_03.

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Chouw, Nawawi. "Low-Damage Design Philosophy for Future Earthquake-Resistant Structures." In ASME 2017 Pressure Vessels and Piping Conference. American Society of Mechanical Engineers, 2017. http://dx.doi.org/10.1115/pvp2017-65273.

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Current seismic design philosophy used worldwide tolerates a degree of damage at locations predefined by the designer, as long as a complete structural collapse is precluded. By accepting plastic deformations, the maximum acceptable forces can be controlled and construction costs can be reduced. Major earthquakes, e.g. the Canterbury earthquakes, showed that well-designed structures behave as anticipated. The joints suffered plastic deformation as the designer intended, while the occupants remained alive. Repair costs, however, were often high. Costs also accrue because, post-earthquake, the infrastructure is no longer fit for purpose. These costs are very difficult to predict. Low-damage seismic design, in contrast, can be achieved by activating rigid-like body movement of structural members. Development of forces resulting from structural local deformation can then be prevented. Consequently, associated damage to structural members can be avoided. Recent research outcomes at the University of Auckland Centre for Earthquake Engineering Research will be presented.
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Hsu, Frances. "Cartographic Sublime." In 2019 ACSA Teachers Conference. ACSA Press, 2019. http://dx.doi.org/10.35483/acsa.teach.2019.41.

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Kant distinguishes two notions of the sublime: the mathematically sublime and the dynamically sublime. In the case of both notions, the experience of the sublime consists in a feeling of the superiority of our own power of reason, as a super sensible faculty, over nature. (Stanford Encyclopedia of Philosophy) The concept of the sublime was associated with nature in late 18th and early 19th century aesthetics. Political philosopher and states-man Edmund Burke evoked human mortality in A Philosophical Inquiry into the Origin of our Ideas of the Sublime and the Beautiful, defining the sublime as experience of the overwhelming magnitude of phenomena in the natural world which causes “a sort of delightful horror, a sort of tranquility tinged with terror; which, as it belongs to self-preservation, is one of the strongest of all the passions.” Kant, in contrast to Burke, defines rationality is an important component of the experience of the sublime: “The sublime is to be found in an object even devoid of form, so far as it immediately involves, or else by its presence provokes a representation of limitlessness, yet with a super-added thought of its totality.” That is, reason--super-added thought--allows us to comprehend and challenge the entirety of that which is beyond comprehension. He writes that “the feeling of the sublime in nature is respect for our own vocation . . . this feeling renders as it were intuitable the supremacy of our cognitive faculties on the rational side over the greatest faculty of sensibility.” For Kant, in other words, the experience of the sublime was the oscillation between sensation and rationality in the face of the overwhelming-ness of phenomena in the world.
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Goode, Charles Douglas, and Tom Nash. "Cylinders with a steel-concrete-steel wall to resist external pressure." In 12th international conference on ‘Advances in Steel-Concrete Composite Structures’ - ASCCS 2018. Valencia: Universitat Politècnica València, 2018. http://dx.doi.org/10.4995/asccs2018.2018.7066.

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In the 1980’s Manchester University carried out over 110 tests on cylinders with a composite wall (steel-concrete-steel) subjected to external pressure as already reported in the literature. This paper describes further tests on 9 cylinders with a composite wall and a dome end subjected to external pressure and reports the results and compares them with theory. The cylinders were 500 mm diameter and 1250 mm long and four of them had penetrations through the cylinder wall. These tests were carried out under contract for Tecnomare SpA of Italy and have not been previously reported because of confidentiality reasons. The agreement between test behaviour, failure load and the theory developed at Manchester University is good. The philosophy for the design of such vessels for seabed structures is discussed and a ‘depth margin’ method proposed as it is a more realistic way of applying safety. Examples of designs for different depths are given and compared with the predicted failure pressure.
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Schultz, Robert. "Information Technology and the Ethics of Globalization." In InSITE 2008: Informing Science + IT Education Conference. Informing Science Institute, 2008. http://dx.doi.org/10.28945/3250.

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Globalization, the coalescence of the economies and cultures of this planet, has raised new ethical issues. Information Technology (IT) is an enabler of globalization, but IT also produces new ethical problems. There is already a substantial literature in philosophy and political theory on globalized ethics, but not much on IT’s special impact on globalized ethics. This paper is a sketch of the main argument of a book I am writing on this topic. I first give examples of to show how these IT-enabled global ethical problems come about. Then, in the second and third parts of the paper I briefly summarize the main theories of globalized ethics and show their inadequacies in dealing with IT-enabled global ethical problems. In the final part, I sketch a social contract approach which can begin to deal with these IT-enabled global ethical problems. This approach derives from the work of John Rawls (1999a) on justice.
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Gardiner, Keith M. "Production Paradigms and Paradoxes." In ASME 2002 International Mechanical Engineering Congress and Exposition. ASMEDC, 2002. http://dx.doi.org/10.1115/imece2002-33269.

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Paradigms convey notions of fixed prescribed practices and examples that offer solutions to deal with the vagaries of human organizations and behavior. To define something as a paradigm freezes a sometime evanescent concept and fixes it with a phrase that enhances popular understanding and adoption. Paradigms offer a simplicity and degree of standardization to ideas that often become cliches, and, as such, inevitably entrain paradoxes. The world of production and manufacturing consists of multiple complex enterprises, industries, organizations, processes, relationships and cultures. There are many contradictions, contrasts, and dichotomies that change with time. This paper endeavors a historic and philosophic essay on some of the origins and paradoxes that surround our currently recommended production systems practices.
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