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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Sein, Karin, and Triin Uusen-Nacke. "Contracts of Carriage: Legislation and Case Law in Estonia." Review of Central and East European Law 35, no. 4 (2010): 341–68. http://dx.doi.org/10.1163/157303510x12650378240511.
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AbstractOn 1 July 2002, the new Law of Obligations Act (LOA) entered into force in Estonia regulating inter alia contracts for the carriage of goods and contracts for the carriage of passengers. This article highlights these new regulations as well as relevant Estonian case law.The article demonstrates that, in respect of contracts for the carriage of goods, German legislation and case law have exerted considerable influence on the drafting of relevant provisions in the 2001 LOA as well as Estonian case law in this field. In addition, the importance of the the 1956 Convention on the Contract for the International Carriage of Goods by Road (CMR Convention) cannot be overlooked: it serves as a model for drafting domestic legislation and, also, has a role in case law and national practice.That part of the 2001 LOA regulating contracts for the carriage of passengers has been drafted on the basis of Book 8 "Vehicles and Carriage" of the 1991 Dutch Civil Code; but, contrary to the Dutch Code, the LOA does not distinguish among types of carriers. In particular, with regard to carriers' liability for the carriage of passengers, the provisions have been modeled, to a large degree, upon the 1929 Warsaw Convention, the 1961 Guadalajara Convention, the 1974 Athens Convention and the 1990 German Law on the Carriage of Passengers (Personenbeförderungsgesetz). The authors consider the choice of statutory models for contracts for the carriage of goods and passengers to be fully justified as they ensure the compliance of relevant Estonian legislation with modern standards.
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Ripstein, Arthur. "Gauthier's Liberal Individual." Dialogue 28, no. 1 (1989): 63–76. http://dx.doi.org/10.1017/s0012217300015596.
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David Gauthier's recent and elegant Morals by Agreement sets itself the task of deriving morality from the non-moral premises of the theory of rational choice. Gauthier uses the device of a social contract to demonstrate the rational basis of a morality emphasizing rights against force and fraud, private property and the keeping of contracts. Gauthier's social contract is supposed to demonstrate the basis of a morality that is both categorical and enforceable. If his argument is successful, it will demonstrate both the demands that morality may rightly make on each of us, and the moral demands that we may rightly hold each other to.
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Dunfee, Thomas W. "Business Ethics and Extant Social Contracts." Business Ethics Quarterly 1, no. 1 (January 1991): 23–51. http://dx.doi.org/10.2307/3857591.
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Extant social contracts, deriving from communities of individuals, constitute a significant source of ethical norms in business. When found consistent with general ethical theories through the application of a filtering test, these real social contracts generate prima facie duties of compliance on the part of those who expressly or impliedly consent to the terms of the social contract, and also on the part of those who take advantage of the instrumental value of the social contracts. Businesspeople typically participate in multiple communities and, as a consequence, encounter conflicting ethical norms. Priority rules can be devised to resolve such conflicts. The framework of extant social contracts merges normative and theoretical research in business ethics and specifies a domain for empirical studies.
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Walker, Tom. "Ulysses Contracts in Medicine." Law and Philosophy 31, no. 1 (July 8, 2011): 77–98. http://dx.doi.org/10.1007/s10982-011-9116-z.
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Schick, Frederic. "Cooperation and Contracts." Economics and Philosophy 8, no. 2 (October 1992): 209–29. http://dx.doi.org/10.1017/s0266267100003047.
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In a conflict between two people, one person wants one thing and the other wants something else and they think they can't both have what they want. Suppose that what they want can only be the outcome of some joint action. Adam must do either y or z and Eve either y' or z' – here y-and-y' would be one joint action, y-and-z' would be another, and so on. Adam wants the outcome of his doing z while Eve is doing y'. Eve wants the outcome of her doing z' while Adam is doing y. Each thinks that these outcomes can't both be had.
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Supriadi, Supriadi. "Marriage Contract Through Teleconference During the Covid-19 Pandemic: An Overview of Maqashid Syariah." Al-Bayyinah 5, no. 2 (November 12, 2021): 157–71. http://dx.doi.org/10.35673/al-bayyinah.v5i2.1780.
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Rapid technological developments have affected all aspects of people's social life, including in the field of marriage. One indication is the use of teleconference developments as a medium for conducting marriage contracts, but the problem is, Islamic law has not specifically regulated the rules or laws of marriage contracts through teleconference technology or other online media, while the development of information technology is faster and faster when compared to development of legal substance. The issue of the marriage contract via teleconference caused controversy because of differences in interpretation of the concept of the unity of the assembly. This research is a type of normative legal research. Normative legal research that focuses on legal principles related to the implementation of the marriage contract. This study is descriptive in nature, collecting information about a teleconference marriage contract phenomenon. The approach used is a normative theological approach, phenomenology and philosophy. The analytical knife uses the maqashid shariah theory in observing the marriage contract by teleconference. The research findings show that the marriage contract through teleconference which was carried out during the Covid-19 pandemic was reviewed according to maqashid shariah is a legal event that is allowed, and this will be an alternative to avoid harm as a goal to maintain the human soul.
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Landry, Jon, David Edgar, John Harris, and Kevin Grant. "National Hockey League guaranteed contracts." Management Research Review 38, no. 12 (December 14, 2015): 1306–30. http://dx.doi.org/10.1108/mrr-06-2014-0146.
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Purpose – This paper aims to investigate, through the lens of the principal–agent problem, the relationship between payment of National Hockey League (NHL) salaries and player performance during the period of 2005-2011 and explore the inherent issues within the NHL player compensation and incentive structure. Design/methodology/approach – The research adopts a pragmatic philosophy with deductive reasoning. This paper focuses on the NHL season 2005-2011 and undertake analysis of historical player contracts and performance data of 670 players across 29 clubs to undertake liner regression analysis. Findings – This paper quantifies potential inefficiencies of NHL league contracts and defines the parameters of the principal–agent problem. It is identifies that player performance generally increases with salary, is higher in the first year of a contract and despite decreasing over the life of the contract, will usually peak again in the final year of the contract. Research limitations/implications – The research is based around figures from 2005-2011 and secondary statistical data. The study captures quantitative data but does not allow for an exploration of the qualitative perspective to the problem. Practical implications – Entry-level or first contracts are good for all teams and players because they provide incentive to perform and a reduction of risk to the team should a player not perform to expectations. The same can be said for players at the other end of the spectrum. Although not typically used much, performance bonuses for players over the age of 35 allow clubs to “take a chance” on a player and the player can benefit by reaching attainable bonuses. These findings therefore provide contributions to the practicing managers and coaches of NHL teams who can consider the results to help shape their approach to management of players and the planning of teams and succession planning for talent. Originality/value – The paper presents a comprehensive and current perspective of the principal–agent problem in NHL and extends the work of Purcell (2009) and Gannon (2009) in understanding player performance enhancement.
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Westphal, Kenneth R. "Is Kant's Table of Contracts Complete?" Southern Journal of Philosophy 36, S1 (March 1998): 155–60. http://dx.doi.org/10.1111/j.2041-6962.1998.tb01785.x.
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Pratt, Michael G. "Promises, Contracts and Voluntary Obligations." Law and Philosophy 26, no. 6 (March 27, 2007): 531–74. http://dx.doi.org/10.1007/s10982-006-9003-1.
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Nikischer, Tony. "Another Alternative to Service Contracts." Microscopy Today 10, no. 2 (March 2002): 6–7. http://dx.doi.org/10.1017/s1551929500057783.
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In Ihe October, 2001 issue of Microscopy Today, Randy Tindail described and compared his experiences with service contracts offered by insurance companies versus those offered by equipment manufacturers. As a small business with limited funds, we, too, grappled with the onerous costs of service contracts on our SEM and EDS units. However, we believe that we have found an extremely cost-effective means of protecting our equipment investment against the expense of a major failure.First, a bit of business philosophy: We believe insurance should be designed to protect the insured from catastrophe, and not be expected to take care of every minor expense or inconvenience that may develop.
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Setyowati, Ro’fah, and Bagas Heradhyaksa. "Challenges of Sharia Banking Notaries in Indonesia's Economic Development in the Global Era." Procedia of Social Sciences and Humanities 1 (February 10, 2021): 57–60. http://dx.doi.org/10.21070/pssh.v1i.19.
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Notaries have a strategic position in making Islamic banking contracts. The reason is that the notary is responsible for the correctness of the contract construction to fulfill the terms of the agreement and the sharia principles. This study aims to find the philosophy of juridical consequences of the notary profession relationship with Islamic banking, which is associated with challenges in the global era. This research uses a philosophical, juridical, and empirical approach. The analysis results show that a notary who has sharia competence and understands and also carries out the philosophy of juridical consequences of the profession is very much needed. This is due to the growing challenges in developing Islamic banking globally, particularly about competition due to advances in information technology
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Kasassbeh, Firas Y. "Compliance with Philosophy of Exemption from Notification at Termination of Contract: Study in Light of Jordanian Labour Law." Arab Law Quarterly 26, no. 1 (2012): 1–45. http://dx.doi.org/10.1163/157302512x612140.
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Abstract Under the Jordanian Labour Code 1996, it is not permissible for an employer to terminate a contract without giving the employee at least 1-month notice before the date of termination, because sudden dismissal would catch the worker unaware. However, there are cases in which an employer is exempted from giving prior notice, due to either the nature of the contract (e.g., definite-period contracts or employment under probation) or the nature of termination (e.g., due to the employee’s conduct resulting in a major error or due to technical or economic justifications such as redundancy). This study is devoted to examining all such cases in order to bring to light to what extent such cases truly reflect the philosophy behind exemption from notice.
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Prabowo, Bagya Agung, and Nurjihad. "The Legal Interpretation of the State of Musytari’s Force Majeure on the Murabahah: Financing Contract Post Presidential Decree No. 12 of 2020." International Journal of Law and Politics Studies 5, no. 1 (January 16, 2023): 46–54. http://dx.doi.org/10.32996/ijlps.2023.5.1.6.
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Force majeure may occur in a murabahah financing contract, which is the most widely used financing product by Islamic banking. This coercive situation has elements that must be fulfilled to be regulated in Article 1245 of the Civil Code (BW), which stipulates that compensation and interest can be forgiven in case of compelling circumstances. Many experts and practitioners are of the view that Article 1245 of the Civil Code can be used as the legal basis for the application of force majeure even though this clause has not been regulated in the agreed contract. On the other hand, this murabahah contract is regulated in the Supreme Court Regulation Number 2 of 2011 concerning the Compilation of Sharia Economic Law (KHES). The issuance of Presidential Decree Number 12 of 2020 concerning the Determination of Non-Natural Disasters for the Spread of Corona Virus Disease 2019 (Covid-19) as a National Disaster has implications for the emergence of various interpretations among the public and can be used as the basis for the cancellation of civil contracts, including murabahah contracts. The reason is that disaster is a force majeure that causes people to be unable to fulfill their achievements due to events beyond their capabilities. To overcome these problems, this research uses an analytical method based on doctrinal content by applying four types of legal approaches, namely: (i) historical/historical; (ii) Jurisprudence/philosophy; (iii) comparison; and (iv) analytical and critical. This study aims to identify the legal interpretation of Musytari's force majeure in murabahah financing contracts.
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Keating, Christine. "Framing the Postcolonial Sexual Contract: Democracy, Fraternalism, and State Authority in India." Hypatia 22, no. 4 (2007): 130–45. http://dx.doi.org/10.1111/j.1527-2001.2007.tb01324.x.
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This essay examines the reconfiguration of the racial and sexual contracts underpinning democratic theory and practice in the transition to independence in India. Drawing upon the work of Carole Pateman and Charles Mills, Keating argues that the racialized fraternal democratic order that they describe was importantly challenged by nationalist and feminist struggles against colonialism in India, but was reshaped into what she calls a postcolonial sexual contract by the framers of the Indian Constitution.
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Ramsay, Marc. "SLAVES, GLADIATORS, AND DEATH: KANTIAN LIBERALISM AND THE MORAL LIMITS OF CONSENT." Legal Theory 23, no. 2 (June 2017): 96–131. http://dx.doi.org/10.1017/s1352325217000209.
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ABSTRACTIrving Kristol invoked the example of voluntary gladiatorial contests to show that liberalism's commitment to personal autonomy cannot override majoritarian standards of morality. Liberalism cannot explain why voluntary gladiatorial contests should be banned, but liberals know that such contests should be banned. Thus, honest liberals must concede that majoritarian morality trumps consent. Arthur Ripstein argues that the consent in gladiatorial agreements contains a formal defect. According to Ripstein, because both gladiators sanction their own deaths, both reduce themselves to the status of mere things or slaves. On the Kantian view, slavery contracts undermine the personal sovereignty that binding contracts must presuppose, so Kantian liberals can reject gladiatorial contracts and still avoid legal moralism. I argue that while Kantian liberals have cogent internal reasons for rejecting slavery contracts, not all gruesome and deadly contests are matters of slavery. Thus, Kristol's challenge remains intact.
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Godin, V. V., and A. E. Terekhova. "BLOCKCHAIN: PHILOSOPHY, TECHNOLOGY, APPLICATIONS AND RISKS." Vestnik Universiteta, no. 9 (October 26, 2019): 54–61. http://dx.doi.org/10.26425/1816-4277-2019-9-54-61.
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The main ideas and properties of blockchain have been examined: architecture, models of blockchain use, in particular, decentralized autonomous organizations and applications, private blockchain – systems and blockchain – services. Blockchain infrastructure in implementation has been analyzed: reality and myths. An attention has been paid to current trends of blockchain usage in business and society in terms of opportunities, threats and risks. The areas of blockchain implementation have been presented, such as government, business, financial organizations, cryptocurrency and ICO, smart contracts and current trends of using blockchain technology.
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LEONE, Marialucrezia. "The Theologian and the Contracts." Recherches de Théologie et Philosophie Médiévales 75, no. 1 (June 30, 2008): 137–60. http://dx.doi.org/10.2143/rtpm.75.1.2030804.
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Rouméas, Élise. "Enabling Exit: Religious Association and Membership Contract." Ethical Theory and Moral Practice 23, no. 5 (September 12, 2020): 947–63. http://dx.doi.org/10.1007/s10677-020-10119-7.
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AbstractThis paper investigates the right of exit from religious associations. The liberal state has a compelling interest in overseeing exit, even if it implies some loss in religious group autonomy. Members should not be bound by rules they find unconscionable. They should be free to leave and able to do so. To enable exit, the paper advocates the use of membership contracts. Religious associations should issue a contract for members working for, residing in, or donating money to the association under a regime of legal exemptions. The membership contract publicises the right of exit and offers a basis for negotiating and contesting its terms. It makes exit less “unthinkable” to members and helps tackle unreasonable economic costs to exit.
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Fitzpatrick, Tony. "From Contracts to Capabilities and Back Again." Res Publica 14, no. 2 (June 2008): 83–100. http://dx.doi.org/10.1007/s11158-008-9053-3.
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Gillies, Lorna. "I. CLARIFYING THE ‘PHILOSOPHY OF ARTICLE 15’ IN THE BRUSSELS I REGULATION: C-585/08 PETER PAMMER V REEDERE KARL SCHLUTER GMBH & CO AND C-144/09 HOTEL ALPENHOF GESMBH V OLIVER HELLER." International and Comparative Law Quarterly 60, no. 2 (April 2011): 557–64. http://dx.doi.org/10.1017/s002058931100011x.
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In the Cases C-585/08 Peter Pammer v Reedere Karl Schluter GmbH & Co and C-144/09 Hotel Alpenhof GesmbH v Oliver Heller, the CJEU considered the applicability of article 15(1) (c) of Regulation EC 44/2001 (Brussels I) vis-à-vis the use of web sites in commercial communications with consumers domiciled in other Member States. Article 15 of Brussels I contains special rules which determine the jurisdiction of disputes concerning ‘protected’1 consumer contracts falling within its scope. Articles 15(1)(a) and (b) apply where either the contract is subject to an instalment credit arrangement or where the contract is for a loan to finance the sale of goods respectively. These two recent cases were concerned with article 15(1)(c), itself previously regarded by the Commission as the ‘philosophy of Article 15.’2 The connecting factors in article 15(1)(c) apply in two situations.3 The first is where the seller concludes contracts as a result of commercial activities entered into in the Member State of the consumer's domicile. The alternative applies when a business ‘directs’ its professional or commercial activities to the Member State of the consumer's domicile and a contract is concluded as a consequence of those activities. Article 15(2) also (currently) provides that a non-EU defendant corporation which has a branch or agency in a Member State that contracts with a consumer may be regarded as domiciled in that Member State. The cases are important as for the first time references were made to the CJEU to specifically consider and interpret the extent to which a business' web site should be construed as ‘directing [commercial] activities’ towards consumers domiciled in other Member States. Essentially, what kind of activity should be construed as directing activity when a seller or his agent uses a web site with the intention to facilitate contractual activities with consumers located in a Member State?
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Prabowo, Bagya Agung. "AL-‘UQUD AL-MURAKKABAH IMPLEMENTATION ON AKAD AL MURABAHAH WA ARRAHN AS A SHARIA BANKING PRODUCT INNOVATION." Diponegoro Law Review 4, no. 2 (October 1, 2019): 244. http://dx.doi.org/10.14710/dilrev.4.2.2019.244-255.
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This article aims to determine the application of al-uqud al-murakkabah on akad al murabahah wa arrahn in sharia banking product innovation. This study uses analytic methods based on doctrinal content, by applying four types of legal approaches, namely: (i) historical / historical; (ii) Jurisprudence / philosophy; (iii) comparison; and (iv) analytical and critical. In addition, a harmonious approach is needed to align innovation of sharia banking products with sharia compliance principles. the conclusions in this study are: 1) The implementation of al-ququd al-murakkabah as an innovation of Islamic banking products by the majority of Hanafiyah scholars, some opinions of Malikiyah scholars, Shafi'i scholars, and Hanbali are of the opinion that law is legal and permissible according to Islamic law, 2) The implementation of al-uqud al-murakkabah in the Murabahah wa ar Rahn contract is not in accordance with the principles of sharia compliance. Because the al Murabahah wa ar Rahn contract combines several contracts that cause usury or resemble usury, such as primarily combining the murabahah contract with the qardh contract, in addition to the wakalah contract and rahn contract.
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Lee, Jooho. "Contracts and Hierarchies: A Moral Examination of Economic Theories of the Firm." Business Ethics Quarterly 28, no. 2 (February 12, 2018): 153–73. http://dx.doi.org/10.1017/beq.2017.54.
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ABSTRACT:An influential set of economic theories argue that the firm is a nexus of contracts that institute a hierarchy to overcome the problems of incomplete contracting in the market. However, the economic theory of the firm as a hierarchy violates the moral requirement to respect the autonomy of those who contract into the firm. The internal logic of the theory depends on a morally unacceptable abdication of a part of the employee’s capacity to set her own ends in the future. So a different theory is needed to understand the nature and purpose of the firm. The development of such a theory can benefit from business ethicists engaging with existing economic theories of the firm to explore concepts like contracts, agency, and property.
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Lane, Jan-Erik. "Hobbes Overrated, Spinoza Underrated." Journal of Research in Philosophy and History 1, no. 1 (February 7, 2018): 1. http://dx.doi.org/10.22158/jrph.v1n1p1.
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<p><em>In political thought, Hobbes and Spinoza form an interesting and fascinating couple. They lived parallel lives and wrote much on similar topics: humans, contracts, the state and religion. Whereas Hobbes is considered one of the absolute top political philosophers, Spinoza has only been recognized as a great philosopher, due to his Ethics. But on close examination, I dare say that Spinoza outperforms Hobbes also on political theory and religion. The aim of this paper is to call for a re-evaluation of Spinoza’s political and religious philosophy.</em></p>
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Daskalopulu, Aspassia, and Marek Sergot. "The representation of legal contracts." AI & Society 11, no. 1-2 (March 1997): 6–17. http://dx.doi.org/10.1007/bf02812435.
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Muneeza, Aishath, Nik Nurul Atiqah Nik Yusuf, and Rusni Hassan. "The possibility of application of salam in Malaysian Islamic banking system." Humanomics 27, no. 2 (May 24, 2011): 138–47. http://dx.doi.org/10.1108/08288661111135135.
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PurposeThis research aims to explore the theoretical nature of salam contract in depth, the extent of its use in the banking arena of Malaysia and to test the theoretical feasibility of its future application by the Islamic banks in Malaysia by suggesting an Islamic banking product structure based on salam contract.Design/methodology/approachThis is a legal exploratory study primarily focused on library research.FindingsSalam contract is more susceptible to risks than the rest of the Islamic commercial contracts used by the Islamic banks in Malaysia and none of the Islamic banks in the country utilize this type of contract as a mode of financing. However, the research indicates that a feasible banking product based on salam contract could be formulated to help poor farmers in the country. To prove this a new model product based on salam contract to help farmers is created by the authors and the pros and cons of the product with the risk mitigating ways are explored. It is found that theoretically, this product is workable.Originality/valueThis research will complement the knowledge based on practical applicability of salam and is targeted to the Islamic financial Institutions in Malaysia, who are the prospective beneficiaries.
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Kiesselbach, Matthias. "Hobbes's Struggle with Contractual Obligation. On the Status of the Laws of Nature in Hobbes's Work." Hobbes Studies 23, no. 2 (2010): 105–23. http://dx.doi.org/10.1163/187502510x531633.
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AbstractThis paper argues that throughout his intellectual career, Hobbes remains unsatisfied with his own attempts at proving the invariant advisability of contract-keeping. Not only does he see himself forced to abandon his early idea that contractual obligation is a matter of physical laws. He also develops and retains doubts concerning its theoretical successor, the doctrine that the obligatoriness characteristic of contracts is the interest in self-preservation in alliance with instrumental reason – i.e. prudence. In fact, it is during his work on Leviathan that Hobbes notes the doctrine's main shortcoming, namely the limitation of its dialectical potential to cases in which contract-breakers are publicly identifiable. This essay shows Hobbes's doubts about his Leviathan's treatment of contractual obligation by way of a close reading of its central 15 th chapter and an analysis of some revealing shifts between the English Leviathan and the (later) Latin edition. The paper ends by suggesting that Hobbes's awareness of the flaws at the heart of his political philosophy helps account for some striking changes in his latest writings.
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Oliver, Kelly. "Marxism and Surrogacy." Hypatia 4, no. 3 (1989): 95–115. http://dx.doi.org/10.1111/j.1527-2001.1989.tb00594.x.
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In this article, 1 argue that the liberal framework—its autonomous individuals with equal rights—allows judges to justify enforcing surrogacy contracts. More importantly, even where judges do not enforce surrogacy contracts, the liberal framework conceals gender and class issues which insure that the surrogate will lose custody of her child. I suggest that Marx's analysis of estranged labor can reveal the class and gender issues which the liberal framework conceals.
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Mróz, Teresa. "On Legal Interpretation of Basic Consumer Rights." Studies in Logic, Grammar and Rhetoric 32, no. 1 (May 1, 2013): 9–23. http://dx.doi.org/10.2478/slgr-2013-0001.
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Abstract. The liability of an entrepreneur towards a consumer is the specific kind of contractual responsibility. The typical feature of this regime is weakness of two principles that are basic for market economy: freedom of contracts and pacta sunt servanda principle. This liability is regulated by specific acts of law. Its object is to intensify the legal protection of the consumer. Nowadays in the Polish law, the form of legal provisions concerning pro- tection of the consumer, is influenced by European Union law, especially con- sumerist directives. The Act on specific terms and conditions of consumer sale, on 27th July 2002, has huge practical significance. The basic premise of this lia- bility is the fact of ’nonconformity of goods with the contract’. Therefore there is no need to prove any damage and other premises inseparably connected with damage liability. Moreover, it must be noticed that normally specific acts of law concerning protection of the consumer, do not entirely realize the compensatory function which is typical of general principles of contractual responsibility.
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Robertson, Diana C., and William T. Ross. "Decision-Making Processes on Ethical Issues: The Impact of a Social Contract Perspective." Business Ethics Quarterly 5, no. 2 (April 1995): 213–40. http://dx.doi.org/10.2307/3857354.
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Abstract:This paper develops a framework for examining decision making about ethical issues and tests the applicability of a social contract perspective. Using two separate samples of students and salespeople, we determine that community members (salespeople) tend to judge a potentially unethical act to constitute a violation of an implicit social contract and non-community members (students) do not. Also, consistent with the emphasis on context specificity of integrative social contracts theory, situational variables influence perceptions of ethicality for the community members, but do not affect the perceptions of individuals outside the community. The study finds considerable support for the use of a social contractarian perspective in the study of decision-making processes about ethical issues.
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Luik, Olavi-Jüri, and Mats Volberg. "PHILOSOPHICAL BATTLE AGAINST MORAL HAZARD: DO WE NEED LAW METHODOLOGY CHANGE FROM “ALL OR NOTHING PRINCIPLE” TO “PRINCIPLE OF PROPORTIONALITY”?" METODOLOGICAL PROBLEMS OF THE CIVIL LAW RESEARCHES 3, no. 3 (January 1, 2021): 124–38. http://dx.doi.org/10.33397/2619-0559-2021-3-3-124-138.
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Introduction: this article looks into the central problem in insurance law, where the principle of “all or nothing” applied by insurance providers and legislators to moral hazard (if the risks of people are covered with insurance contracts then the people often change their risk behavior to involve higher risks by presuming that the concluded insurance contract always covers the loss incurred) is being replaced by the principle of proportionality in the modern insurance law of Western countries. Purpose: to identify significant methodological changes in determining the scope of performance of an insurance provider’s obligation caused by the application of the principle of proportionality. Methods: the authors use the approach of the Baltic Sea States (e.g. Estonia, Lithuania, Russia and Finland) and PEICL (Principles of European Insurance Contract Law1) in a comparative approach, analyzing the respective paradigmatic methodological shift (which currently among the named countries is directly reflected only in the Finnish Insurance Contract Act2) in the context of practical philosophy. Results: the paper demonstrates the necessity to change the paradigmatic legal methodology, according to which the principle of “all or nothing” would be replaced by the principle of proportionality.
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Schalk, Ruben, Patrick Wallis, Clare Crowston, and Claire Lemercier. "Failure or Flexibility? Apprenticeship Training in Premodern Europe." Journal of Interdisciplinary History 48, no. 2 (August 2017): 131–58. http://dx.doi.org/10.1162/jinh_a_01123.
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Pre-industrial apprenticeship is often considered more stable than its nineteenth- and twentieth-century counterparts, apparently because of the more durable relationships between masters and apprentices. Nevertheless, recent studies have suggested that many of those who started apprenticeships did not finish them. New evidence about more than 7,000 contracts across several cities in three countries finds that, for a number of reasons, a substantial minority of youths entering apprenticeship contracts failed to complete them. By allowing premature exits, cities and guilds sustained labor markets by lowering the risks of entering long training contracts. Training flexibility was a pragmatic response to labor-market tensions.
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Fathoni, Nur. "ANALISIS NORMATIF-FILOSOFIS FATWA DEWAN SYARI’AH NASIONAL MAJELIS ULAMA’ INDONESIA (DSN-MUI) TENTANG TRANSAKSI JUAL BELI PADA BANK SYARI’AH." Al-Ahkam 25, no. 2 (October 24, 2015): 139. http://dx.doi.org/10.21580/ahkam.2015.25.2.596.
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DSN-MUI uses trade transactions in Islamic financial institutions in order to avoid interest rate system. Moral and legal issues had became the important thing in the formulation of trade transaction in syariah banking, since the concern about the system of interest that still exist in syariah banking’s trade transaction. This means that the trade transaction on syariah banking according to fatwa DSN-MUI still contains usury (riba). This paper intends to explore the important things about the rules and practices of trade transaction on the syariah banking according to DSN-MUI. This study concluded that DSN-MUI performs ijtihād taṭbīqī to facilitate the concept of trade operations on syariah banking. DSN-MUI’s fatwa about trade transaction appears to correspond to a normative concept of fiqh. It's just that there is ambiguity in the salam and istithnā' contract and less attention to the philosophy of trade. The trade transactions were reduced as provision of funds for purchasing of goods, with multi contract institutions. The use of supporting contracts that are not true will potentially lead to morality inconsistencies in trade transactions.
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Mariña, Jacqueline. "Radical Evil, Social Contracts and the Idea of the Church in Kant." Kantian Review 27, no. 1 (January 21, 2022): 71–79. http://dx.doi.org/10.1017/s1369415421000704.
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AbstractIn this article I argue that Kant’s understanding of the universality of radical evil is best understood in the context of human sociality. Because we are inherently social beings, the nature of the human community we find ourselves in has a determinative influence on the sorts of persons we are, and the kinds of choices we can make. We always begin in evil. This does not vitiate responsibility, since through reflection we can become aware of our situation and envision ourselves as members of a different community, one with different expectations, making genuine virtue possible. This understanding of radical evil helps to make sense of Kant’s high regard for the church in Religion.
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Dunfee, Thomas W., and Thomas Donaldson. "Contractarian Business Ethics: Current Status and Next Steps." Business Ethics Quarterly 5, no. 2 (April 1995): 173–86. http://dx.doi.org/10.2307/3857352.
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Abstract:Social contract is rapidly becoming one of the significant alternatives for analyzing ethical issues in business. Contractarian approaches emphasizing consent as a means of justifying principles can provide needed context for rendering normative judgements concerning economic behaviors. Current research issues include developing tests of consent for both hypothetical and extant social contracts, and empirically testing the assumptions of the major contractarian approaches. Open questions include exploring the relationship between contractarian business ethics and other approaches, such as stakeholder management and virtue based ethics; and analysis of the intersection of contractarian approaches with the findings and assumptions of the field of moral psychology. Finally, the managerial utility of social contract based approaches needs to be explored with emphasis on identifying “translator” concepts.
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Bryson, Cynthia B. "Mary Astell: Defender of the “Disembodied Mind”." Hypatia 13, no. 4 (1998): 40–62. http://dx.doi.org/10.1111/j.1527-2001.1998.tb01384.x.
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This paper demonstrates how Mary Astell's version of Cartesian dualism supports her disavowal of female subordination and traditional gender roles, her rejection of Locke's notion of “thinking matter” as a major premise for rejecting his political philosophy of “social contracts” between men and women, and, finally, her claim that there is no intrinsic difference between genders in terms of ratiocination, the primary assertion that grants her the title of the first female English feminist.
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McManus, Alison Lynn. "Science, Interrupted." Historical Studies in the Natural Sciences 52, no. 1 (February 1, 2022): 80–117. http://dx.doi.org/10.1525/hsns.2022.52.1.80.
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During the Second World War, journal editors working under the American Advisory Committee on Scientific Publications (ACSP) struggled to reconcile new demands of secrecy with their commitment to open exchange of knowledge. ACSP referees’ dilemmas were most acute where the consequences of disclosure were least obvious. Their greatest disagreements emerged not out of nuclear weapons research, but rather from problems of lesser perceived military significance, which were nevertheless the subject of contracted work with the Office of Scientific Research and Development. Although civilian scientists could publish on these topics without consequences to national security, the ACSP frequently restricted civilian publications for the simple reason that military-contracted scientists were performing similar research. This paper examines three cases in which the priority claims of federally contracted researchers influenced decisions on censorship. In these cases, referees imposed censorship to ensure equal access to publication channels, when federal contracts had divided the American scientific community into civilian and military-adjacent subgroups. Uniform censorship preserved the image of a uniform scientific community.
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Langford, Craig. "Gas price reviews in long-term contracts—past, present, and future." APPEA Journal 54, no. 2 (2014): 493. http://dx.doi.org/10.1071/aj13066.
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Price reviews in long-term gas contracts have been part of the commercial landscape in the Australian gas market. Any industry senior executive who has been heavily involved in a gas price review, in particular a review involving a gas arbitration, usually asks themselves at the end of the process if a better way exists. How can gas price reviews be improved is the basis of this extended abstract. Analysis of the past, present and future gas price reviews assists this objective. The past considers the historical nature and the commercial philosophy of price reviews addresses questions such as: Why do we need them? What price is a price review trying to establish? What is a market price in the Australian gas market context? Do price reviews determine present or future prices ? The present considers current price reviews, covering topics such as what’s good and bad practice in today’s price reviews, including the arbitration process. The future looks issues such as the role and importance of price reviews in the next 10 years, what’s needed to make gas price reviews obsolete, how do price reviews work in a transitional market with both Australian and US oil-linked-contract prices under review and better commercial and legal concepts for future price reviews.
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Bohušová, Hana. "Construction contract revenue recording comparison." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 56, no. 3 (2008): 241–50. http://dx.doi.org/10.11118/actaun200856030241.
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Publicly traded companies prepare their consolidated accounts in conformity with the international accounting standards (IAS/IFRS) in accordance with the Regulation No. 1606/2002. This is obliged for all publicly traded joint-stock companies in the Czech Republic. Other companies prepare financial statements in accordance with national accounting standards. There are Accounting Act No. 563/1991 of Coll. and Regulation No. 500/2002 of Coll., Czech Accounting Standards in the Czech Republic. Both systems are based on different principles so there are many differences. The Czech Accounting System (CAS) is based on the rules while IAS/IFRS are based on principles (Kovanicová, 2005). These differences are mainly caused by the different philosophy. CAS prefers the fiscal policy to the economic substance while IAS/IFRS prefere the economic substance. One of the most significant differences is in the field of revenue recording. There are two standards concerning the revenues recording (IAS 18 − Revenue, IAS 11 – Construction Contracts) in IAS/IFRS. CAS 019 – Expenses and Revenue are dealing with the revenue recording in the Czech Republic. The paper is aimed at the comparison of the methodical approaches for revenue recording used by IAS/IFRS and by CAS. The most important differences are caused by the different approach to the long term contracts (construction contracts, software development contracts) revenues recording.
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ORTYNSKYI, Volodymyr, Valentina SHAMRAYEVA, Ihor ZEMAN, Ivanna LISNA, and Oksana VALETSKA. "Philosophy of “Soft Law” as a Universal Regulator of International Relations Management." WISDOM 20, no. 4 (December 24, 2021): 95–103. http://dx.doi.org/10.24234/wisdom.v20i4.501.
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Soft law is a set of rules and guidelines, the legal force of which is at the “negotiation” stage. It has ap- peared in international law since the 1970s as one alternative to international treaties, used in cases where, for various reasons, the parties do not want or cannot commonly decide or to sign an international treaty. Agreements of this kind do not create legal obligations between the contracting parties (under the princi- ple, contracts must be respected) but only set political obligations, observing which is at the discretion of the parties. The primary purpose of the study is to analyze the philosophy of “soft law” in the context of international management of relations. The principal object of the research is the essence and significance of the philosophy of “soft law” as such. The major results of our research are to determine the essence and significance of the philosophy of “soft law” in the context of international relations.
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Kakitahi, John Muhumuza, Henry Mwanaki Alinaitwe, Anne Landin, and Simon James Mone. "Impact of construction-related rework on selected Ugandan public projects." Journal of Engineering, Design and Technology 14, no. 2 (May 3, 2016): 238–51. http://dx.doi.org/10.1108/jedt-02-2014-0006.
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Purpose The purpose of this paper was to assess the magnitude of the impact of construction-related rework on selected project budgets and schedule in public building construction in Uganda. The magnitude of construction-related rework was the mean determined over construction contracts under a selected project and expressed as a percentage of the construction contract sum. Design/methodology/approach A single case multi-unit study approach was adopted. A case study protocol was prepared that included a checklist, observation schedules and an interview guide. The three instruments were used to collect data from building contractors and end-users (the teaching staff and medical assistants). Representatives of the client entity and the end-users provided sufficient project documentation and related supplementary information for the study. Findings Construction-related rework was predominantly attributable to design information omissions, unacceptable workmanship and inadequate supervision of the contractor. Lightning conductor, electrical and roofing installations were the building elements that had the highest frequency of rework. It was further determined that the mean percentage of rework related impact on project budget and schedule was approximately 4.53 and 8.42 per cent, respectively. Originality/value The findings inform policy makers about likely areas that contribute to significant wastage and value loss in quality management of public sector projects. The research advocates for improved data collection protocols, integration of adequate design management and a whole life value philosophy during the public building construction process.