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Relevant bibliographies by topics / Mutual obligation

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Academic literature on the topic 'Mutual obligation'

Author: Grafiati

Published: 4 June 2021

Last updated: 31 January 2023

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Journal articles on the topic "Mutual obligation"

1

GOODIN, ROBERT E. "Structures of Mutual Obligation." Journal of Social Policy 31, no. 4 (October 2002): 579–96. http://dx.doi.org/10.1017/s004727940200675x.

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‘Mutual obligation’ is a deft political slogan. Morally, it evokes deep-seated intuitions about ‘fair reciprocity’ and the ‘duty of fair play’. It seems an easy slide from those intuitions to ‘mutual obligation’ policies demanding work-for-the-dole. That slide is illegitimate, however. There are many different ways to structure mutual obligation. Workfare policies, such as the Howard government's ‘Mutual Obligation Initiative’ in Australia, pick out only one among many alternative regimes that would answer equally well to our root intuitions about ‘fair reciprocity’. Other ways of structuring mutual obligations within social welfare policy are both more standard and more desirable.

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Fischer, John Martin, and Philip Soper. "Obligation and Mutual Respect." Yale Law Journal 95, no. 2 (December 1985): 437. http://dx.doi.org/10.2307/796358.

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Kowal, Emma. "Mutual obligation and Indigenous health: thinking through incentives and obligations." Medical Journal of Australia 184, no. 6 (March 2006): 292–93. http://dx.doi.org/10.5694/j.1326-5377.2006.tb00241.x.

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Burry, John N. "Mutual obligation and Indigenous health: thinking through incentives and obligations." Medical Journal of Australia 185, no. 3 (August 2006): 181–82. http://dx.doi.org/10.5694/j.1326-5377.2006.tb00519.x.

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Moss, Jeremy. "The Concept of Mutual Obligation." Professional Ethics, A Multidisciplinary Journal 8, no. 2 (2000): 5–22. http://dx.doi.org/10.5840/profethics20008213.

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Hong, Yooseon. "Interpretation of the Mutual Restraint Relationship of Six Relatives an Ideological Approach: Focusing on the Relationship between Husband and Wife, Father and Son, Mother-in-law and Daughter-in-law." Asia Cultural Creativity Institute 2, no. 2 (December 31, 2022): 75–89. http://dx.doi.org/10.54385/cbt.2022.2.2.75.

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The six relatives of Myeongrihak belong to each of the ten provinces, and they form a win-win and mutual restraint relationship. In Myeongrihak, a saju is interpreted based on the ten-star logic of the six relatives. However, it is not easy to interpret the reason for the formation of a mutual restraint relationship between relatives. For this reason, consequential interpretations are rampant. Against this background, this study attempts to reinterpret the reason why husband and wife, father and son, mother-in-law and daughter-in-law mutual restraint relationship as an ideological approach. Through this, the purpose of this study is to present consistent interpretation standards and to lay the foundation necessary for resetting the ten stars of each relative in social change. As a research method, the mutual restraint relationship between relatives was interpreted based on the ‘duty’ that social ideology requires of individuals. The results of the study are as follows. The wife was set up as a property between couples because, under patriarchal ideology, obligations such as giving birth to a son after marriage and raising parents-in-law were given. Therefore, a husband who controls a wife based on patriarchal ideology can be interpreted as a management entity. And the presence of a son between a father and a son imposes an obligation to raise the father as the head of the family. In a patriarchal society, if it is not implemented, the head of the household loses authority. Therefore, the son who imposes an obligation to raise the father is a manager, and the father is wealthy. In the relationship of a mother-in-law, the mother-in-law imposes obligations on her daughter-in-law through her son. Without a medium (son), the daughter-in-law’s obligation to foster is extinguished. Therefore, the mother-in-law is wealthy and the daughter-in-law is a manager. The results of this study are meaningful in establishing a consistent standard (obligation according to ideology) for the interpretation of the mutual restraint relationship.

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Biden, Joseph R. "Congress and the Courts: Our Mutual Obligation." Stanford Law Review 46, no. 6 (July 1994): 1285. http://dx.doi.org/10.2307/1229159.

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Moss, Jeremy. "THE ETHICS AND POLITICS OF MUTUAL OBLIGATION." Australian Journal of Social Issues 36, no. 1 (February 2001): 1–14. http://dx.doi.org/10.1002/j.1839-4655.2001.tb01310.x.

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Olejniczak, Adam. "Law of obligations in Poland: Selected issues." Pravovedenie 65, no. 1 (2021): 62–75. http://dx.doi.org/10.21638/spbu25.2021.104.

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The article provides a brief overview of the Polish law of obligations. In particular, the main sources of obligations are briefly presented, i. e., contracts, torts and unjust enrichment. Special attention is paid to mutual obligations, joint and several obligations, pecuniary obligations and obligations deriving from consumer contracts. The article discusses the legal instrument for concluding a contract such as preliminary contract, and also performance, discharge and remedies for breach of contract. In particular, the consequences of delay in the performance of an obligation and the types of such delay are considered. The author pays special attention to the issues of liability for non-performance of obligations, in particular, compensation for losses from non-performance. The article reveals the content of the pacta sunt servanda principle in Polish law and the existing exceptions to this rule. Such a method for the termination of an obligation is specifically considered, in addition to its performance, as a set-off. The author presents different measures that may discipline the parties to perform the obligation, such as contractual penalties and earnest money deposit. Finally, the article addresses the notion of damage, principles of liability and obligation to compensate. When describing the obligations from unjustified enrichment, special attention is paid to the fact that the loss of enrichment excludes its reclamation from the enriched person if he lost the enrichment without knowing about the obligation’s existence. In regard to tort law, it is emphasized that there are cases of innocent liability for causing harm in Polish law as an exception to the general rule. Only illegal actions or omissions can be qualified as guilty and entail responsibility. Polish law does not recognize the general obligation to refrain from causing harm. The culpability of misconduct is presumed. In some cases, the behavior cannot be recognized as illegal, even if it violates the general prohibition established by law. In particular, this concerns causing harm in the case of necessary defense, extreme necessity, permissible self-help and in a number of other cases.

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SAUNDERS, PETER. "Mutual Obligation, Participation and Popularity: Social Security Reform in Australia." Journal of Social Policy 31, no. 1 (January 2002): 21–38. http://dx.doi.org/10.1017/s0047279402006499.

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Mutual obligation – the idea that those who receive assistance in times of need should be required to ‘give something back’ – is the driving force behind the current social security reform agenda in Australia. After more than a decade of intense reform, the Australian Government is considering a reform blueprint based on the recommendations of a Welfare Reform Reference Group. These include proposals to increase mutual obligation requirements on the unemployed and that sole parents and disability support pensioners should be required to demonstrate some form of social or economic participation in return for receiving income support. Results from a national survey of public opinion are used to explore community views on a range of mutual obligation requirements for the unemployed. The analysis indicates that there is support for mutual obligation for the young and long-term unemployed, but not for others, such as the older unemployed, those caring for young children and those with a disability. Most people also see mutual obligation as implying action on the part of government to reduce unemployment and ease the plight of the unemployed.

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Dissertations / Theses on the topic "Mutual obligation"

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Fisk, John Bernard. "Mutual obligation work for the dole /." Title page, table of contents and abstract only, 2000. http://web4.library.adelaide.edu.au/theses/09AR/09arf538.pdf.

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Cooper, Garry. ""Cruelty masquerading as kindness"? : the coalition, the unemployed and mutual obligation /." Title page, abstract and contents only, 1999. http://web4.library.adelaide.edu.au/theses/09AR/09arc776.pdf.

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Sawer, Hilary Catherine, and sawer hilary@edumail vic gov au. "'One Fundamental Value': Work for the Dole participants' views about mutual obligation." RMIT University. Social Science and Planning, 2005. http://adt.lib.rmit.edu.au/adt/public/adt-VIT20060926.093507.

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This thesis contributes to the literature on the Howard Government's mutual obligation policy by investigating the perspectives of those who are subject to it: specifically, those required to undertake Work for the Dole. To date, research on participants' perspectives has been limited to a few predominantly quantitative studies, most of which have been commissioned or conducted by government departments. This study provides a more qualitative and independent perspective on participants' experiences and their views about their rights and obligations as unemployed people. It considers the extent to which these experiences and views are consistent with or conflict with the rationales for mutual obligation. The study included a survey of 87 participants in nine Melbourne and Geelong-based Work for the Dole projects conducted in 1999, eight focus groups conducted with 59 of these participants, and 37 in-depth interviews conducted with a new sample of Work for the Dole participants in 2002. Unemployed participants in the study had a strongly positive orientation towards work and many had substantial experience of employment. They viewed work as necessary to fulfil human capacities and needs, and often believed that they should work for their own well-being, as much as to contribute to society. Far from expressing any distinctive values of a 'dependency culture', participants appeared to share many of the work values of the wider community. However, many also had substantial experience of unemployment and faced significant barriers to gaining ongoing work. This thesis provides evidence that Work for the Dole provides short-term benefits for many such unemployed people: most study participants enjoyed taking part in the program and felt that they gained benefits from participating. They clearly endorsed some kind of work placement and skill development programs for the unemployed. Given the Howard Government's abolition of a range of previous programs of this type, Work for the Dole is now the only such program available for many participants and was often preferred to doing no program at all. However, more than four in ten survey participants did not enjoy doing the program overall, and a fifth actively disliked taking part. Further, the program's impact on employment prospects appeared to be either negligible or negative-which was not surprising given the scheme's focus on the unemployed discharging their 'obligations to the community' and 2 overcoming a 'psychology of dependency', rather than on job outcomes for participants. However, this thesis argues that there is very limited value in a program which provides benefits at the time of participation but does not help in achieving the main aim of the unemployed: gaining work. The study analyses the Howard Government's three central rationales for the mutual obligation policy: that it ensures that participants fulfil the requirements of the 'social contract' by requiring them to 'contribute to the community' (the contractualist claim), that it deters the unemployed from being 'too selective' about jobs (the 'job snob' claim), and that it benefits participants by developing their capacity for autonomy and self-reliance (the new paternalist claim). These three rationales are assessed in the light of participants' responses. With regard to the contractualist claim, the study finds that most participants shared the widespread community belief that only 'genuine' jobseekers deserve unemployment payments, but many did not share the community's support for the requirement to work for payments. While a third of survey participants supported this requirement, almost half opposed it. Most believed the government was not fulfilling its obligations to the unemployed to provide appropriate employment and training opportunities which were relevant to the jobs they were seeking. Many viewed the mutual obligation 'contract' as a one-way set of directives imposed on them and believed that the breaching regime which enforced these directives was unreasonably punitive and unfairly administered. With regard to the 'job snob' claim, study participants largely rejected an expectation that they should be required to accept any job, and most had substantial concerns about the specific form of the job search regime. They did not agree that 'any job is better than no job' and objected to the pressure under mutual obligation arrangements to apply for jobs which they considered inappropriate. They were not willing to be forced into jobs in which they feared they would be unhappy and which they were likely to soon leave; rather, they wanted assistance to help them to find sustainable work. Finally, with regard to the 'new paternalist' claim, many participants believed that compelling recipients to undertake certain activities or to apply for unsuitable jobs unreasonably restricted their freedom of choice, undermining rather than increasing their autonomy. As argued by Yeatman (2000b), recipients may benefit from a program, or from a case manager who assists 3 them to develop their capacities, but compulsion to undertake activities that are not related to individual needs and goals is likely to undermine capacity-building. The evidence of poor employment outcomes from Work for the Dole adds further weight to this view. The provision of a greater range of program types in place of Work for the Dole-including those which combine work with accredited training and those providing subsidised placement in mainstream jobs-would address many concerns held by participants in this study. However, compulsion to participate in a labour market program would remain problematic in a society which generates far fewer jobs than are needed for full employment. The thesis concludes that the mutual obligation principle privileges the obligations of the unemployed over their rights to autonomy and to work. Its associated requirements have further added to the already considerable constraints faced by unemployed people who are attempting to identify and meet their own work-related goals. Ironically, a policy which is portrayed by the Government as promoting active participation in society, in reality requires many payment recipients to passively obey government directives-instead of actively participating in shaping their own future.

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O'Maley, Pauline J. "The role of the adult literacy initial assessment interview process within a regime of performativity." Thesis, Queensland University of Technology, 2002. https://eprints.qut.edu.au/36675/1/36675_Digitised%20Thesis.pdf.

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This thesis is a qualitative case study of adult literacy initial assessment interviews conducted under the Australian Government's Literacy and Numeracy Training (LANT) programme. The aim of the study is to understand the practices and articulated beliefs of the prospective students and assessors, in the initial assessment interview process. To achieve this, the assessment interview is examined in context; the micro context of the interview itself is analysed as are the broader macrocontextualising imperatives. The complex inter-relationship between the political, economic, social, cultural and moral impacts of what are often called 'new times' (Hall 1996) impact on how these interviews can be enacted in early twenty-first century Australia. Under LANT, and its successor, the Language, Literacy and Numeracy Programme (LLNP), the choice to attend class is no longer with the prospective student. Those who are identified as in need of literacy assistance are obligated to attend an assessment interview and, if deemed appropriate, must attend an adult literacy class to fulfil their Mutual Obligation requirements. If they do not comply with this they may lose some of their unemployment benefits. The investigation employs an evaluative case study design, with the initial assessment interview being the case. Data was by observation or tape recording of seventeen initial assessment interviews followed by semi-structured interviews with seventeen prospective students, ten assessors and three verifiers. The scope of this study encompassed private and Tertiary and Further Education (TAFE) providers in five locations across two states, Queensland and Victoria. Three different methods were used to analyse the data: a coding analysis (Strauss and Corbin 1990); an ethnographic analysis based on the work of Spradley (1979, 1980); and, for the documents, critical discourse analysis of pertinent documents (Fairclough 1989, 1992a, 1992b, 1995). The outcomes of the study show the initial assessment interview within the Mutual Obligation programme is driven by performative measures. While it is an increasingly stressful experience for both prospective students and assessors, the interview does not elicit anything more about prospective students' literacy practices, strengths and networks than informal interviews have done in the past. The discourse of Mutual Obligation, with its focus on compliance and accountability, puts pressure on the interview process and is at odds with beliefs expressed by assessors that the assessment interview should be low key and student focused instead of what has now become a high stakes and inevitably partial assessment. Choices for prospective students have been eroded and literacy, as it is conceptualised in the interviews, is a narrow and impoverished concept, having little relevance to the stated goal of the interview which is to enhance jobseekers' employability.

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Schooneveldt, Simon P. "Do the lived experiences of people who have been breached by Centrelink match the expectation and intent of the Howard Government?" Thesis, Queensland University of Technology, 2002. https://eprints.qut.edu.au/85/1/schooneveldtThesis.PDF.

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In the past three years, the number of breach penalties applied by Centrelink to welfare recipients have more than trebled, with some 349,000 incidences reported for the 2000-2001 year. This Masters Degree research study examines the lived experience of some individuals who have been breached by Centrelink, to ascertain whether their lived experiences accord with the stated policy expectations and intent of the Howard Government. Government policy statements are identified from the literature, as are a range of alternative viewpoints and critiques offered by commentators. A qualitative research survey instrument was developed. Survey data was collected from people passing on the footpath outside three Brisbane Centrelink offices. Fifty-six individuals who stated they had been breached at least once responded. The results of primary and secondary analysis of the collected data is presented in the findings, followed by discussion as to how the lived experiences of the unemployed respondents matched Government expectation and intent

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Hammer, Sara Jeanne. "The rise of liberal independence and the decline of the welfare state." Thesis, Queensland University of Technology, 2002.

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Given the increased interdependency caused by ongoing task differentiation and precarious formal employment, this thesis asks why the stigmatisation of unemployed citizens and the retraction of unemployment benefits have received such widespread support in Australia. I contend that the concepts of dependency and independence, as reflexive but mutually exclusive dual values, are increasingly used as a framework for welfare discourse. I argue that this framework has ethical ramifications for collective well-being in Australia since it discourages citizens from acknowledging their own social and economic vulnerability. Using a combination of critical theory and discursive analysis, this thesis analyses discourses relating to poverty, unemployment and social welfare. It tracks the contradictions of this value dualism through selected forms of policy and media discourse literature and will challenge the negative moral valence associated with dependency, offering possible alternatives in the areas of moral anthropology, welfare discourse and social provision in order to reverse the stigmatisation of unemployed citizens.

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Howard, Cosmo. "The promise and performance of mutual obligation." Phd thesis, 2003. http://hdl.handle.net/1885/148780.

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Richardson, Linda Louise. "The mutual obligation initiative and the income support dynamics of young unemployment benefit recipients : an empirical analysis." Phd thesis, 2003. http://hdl.handle.net/1885/148472.

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Chudá, Karolina. "Problematika a specifika vyživovací povinnosti v českém a italském právním řádu." Master's thesis, 2013. http://www.nusl.cz/ntk/nusl-330328.

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Summary/ Resumé Title of the diploma thesis: Issues and Particularities of Maintenance Obligations within the Czech and Italian Legal Systems My diploma thesis deals with maintenance obligations as the title itself says. Maintenance obligations is a very wide topic in family law so I have focused the thesis on the more specialized areas. Before describing the structure of the thesis I would like to try to explain the motive for choosing this topic. I have studied in Italy in the scope of the international programme for students, and have also gained work experience there. I wanted to try to improve not only my knowledge of Italian language itself but also my theoretical knowledge of foreign law. A comparative thesis seemed to fulfil these demands of mine. Maintenance obligations is a current topic of interest. We all are the subjects of this obligation and other duties connected to it for our entire lives even if such obligation is imposed on us against our will. A couple of weeks before the end of the last year there was a media case, the Italian ex prime minister was sentenced to pay an astronomical amount of maintenance to his ex wife. After this widely publicised case it seems expected by the general public that Italian ex wives will receive such financial support. I have divided my thesis into several...

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Edwards, Janet Kay. "Policing and practising subjectivities poor and working class young women and girls and Australian government mutual obligations policies." 2004. http://arrow.unisa.edu.au:8081/1959.8/24987.

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Australian government Mutual Obligations welfare policies, key features of contemporary Australian welfare reforms are the focus of this study. The subjectivities of poor and working class young women and girls and the subject positions made available to them through Mutual Obligations policies are focal points. A key concern is, 'How do Mutual Obligations policies, their texts, discourses and implementation strategies construct the subjectivities of Australian poor and working class young women and girls?' This study asks what subject positions are made available by the policy, how policy discourses are taken up and enacted by policy subjects, and enquires after the lived effects of government policies.
thesis (PhD)--University of South Australia, 2004.

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Books on the topic "Mutual obligation"

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Jansen, Michael, and Günter Saathoff, eds. "A Mutual Responsibility and a Moral Obligation". New York: Palgrave Macmillan US, 2009. http://dx.doi.org/10.1057/9780230104259.

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1941-, Jansen Michael, and Saathoff Günter, eds. A mutual responsibility and a moral obligation: The final report on Germany's forced labor compensation programs. New York, NY: Palgrave Macmillan, 2009.

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1962-, Yancey George A., ed. Transcending racial barriers: Toward a mutual obligations approach. New York: Oxford University Press, 2010.

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Saunders, Joss. Mutual obligations: NCVO's guide to contracts with public bodies. London: NCVO Publications, 1998.

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Dollars and common sense: Taking charge of your investments in the tumultuous 21st century. [United States?]: Timewalker, 2012.

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The Predators' Ball: The inside story of Drexel Burnham and the rise of the junk bond raiders. New York, N.Y., U.S.A: Penguin Books, 1989.

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Bruck, Connie. The predators' ball: The junk bond raiders and the man who staked them. Melbourne: Information Australia, 1988.

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Bruck, Connie. The Predators' Ball: The junk-bond raiders and the man who staked them. New York: American Lawyer, 1988.

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Duration analysis: Managing interest rate risk. Cambridge, Mass: Ballinger, 1987.

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J, Fabozzi Frank, and Pollack Irving M. 1918-, eds. The Handbook of fixed income securities. 2nd ed. Homewood, Ill: Dow Jones-Irwin, 1987.

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Book chapters on the topic "Mutual obligation"

1

Niethammer, Lutz. "From Forced Labor in Nazi Germany to the Foundation “Remembrance, Responsibility and Future”." In "A Mutual Responsibility and a Moral Obligation", 15–85. New York: Palgrave Macmillan US, 2009. http://dx.doi.org/10.1057/9780230104259_1.

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Jansen, Michael, Günter Saathoff, and Kai Hennig. "Final Report on the Compensation Programs Carried Out by the “Remembrance, Responsibility and Future” Foundation." In "A Mutual Responsibility and a Moral Obligation", 87–150. New York: Palgrave Macmillan US, 2009. http://dx.doi.org/10.1057/9780230104259_2.

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Jansen, Michael, and Günter Saathoff. "Portraits of Former Forced Laborers." In "A Mutual Responsibility and a Moral Obligation", 151–70. New York: Palgrave Macmillan US, 2009. http://dx.doi.org/10.1057/9780230104259_3.

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Puckering, Joanna. "Mutual partnerships and hierarchies of power." In Gifts, Virtues and Obligations of University Volunteering, 187–208. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003015970-13.

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Luyten, Jeroen. "Mutual Moral Obligations in the Prevention of Infectious Diseases." In Justice, Luck & Responsibility in Health Care, 85–100. Dordrecht: Springer Netherlands, 2012. http://dx.doi.org/10.1007/978-94-007-5335-8_5.

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Seal, Vera G., and Philip Bean. "The Mutual Obligations of Citizen and Authority in Contemporary Society." In Barbara Wootton Selected Writings, 33–42. London: Palgrave Macmillan UK, 1992. http://dx.doi.org/10.1007/978-1-349-12770-2_4.

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Picard, Don, and Zeray Yihdego. "Ethiopia and Eritrea: A New Relationship Based Upon Treaty Obligations, International Law, and Mutual Trust." In Ethiopian Yearbook of International Law, 81–115. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-55912-0_5.

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Fras, Mariusz. "The Influence of Public and Corporate Insurance Law on the Application of Private International Law: Selected Issues." In AIDA Europe Research Series on Insurance Law and Regulation, 317–60. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-85817-9_14.

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AbstractThe regime of obligations arising under insurance relationships, as expressed in Art. 7 of the Rome I Regulation is, however, relatively complex. The criticism seems legitimate of academic authors who quite clearly express their negative attitude to the wording of that provision, calling it a “labyrinth” or even “pandemonium of international law.” As a result of the not particularly transparent nature of that regime, it can be doubted if in all situations the “weaker party” was afforded due protection. Negative answer to that question prompts a search for other solutions which allow to achieve the effect of conflict of laws designation of a law giving effect to the postulate of protecting the weaker party to the insurance relationship. The purpose of the study is to indicate, in the first place, the existing criteria of the division into public law and private law in the context of private international law. The second purpose is to analyze the phenomenon of mutual interpenetration of private and public law in the private international law of insurance contracts. The purpose of considerations was to indicate the mutual interpenetration between EU provisions of public and corporate law, as well as the impact of national provisions of the same type on private international law.

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Altman, Jon, and Francis Markham. "Disruption as Reprieve?" In Beyond Global Food Supply Chains, 125–37. Singapore: Springer Nature Singapore, 2022. http://dx.doi.org/10.1007/978-981-19-3155-0_10.

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AbstractIt is a truism that the impacts of any crisis always fall unevenly. In this chapter, we focus on the experience of COVID-19 by a particular population group, Indigenous Australians living in extremely remote circumstances. Here key responses to the disruption wrought by the pandemic have paradoxically registered as reprieve. In Australia, remote-living Indigenous peoples live in deep poverty and were anticipated to be highly vulnerable to food insecurity and supply chain disruption. Surprisingly, the pandemic served to disrupt in other ways. The hegemonic characterization of welfare-dependent Indigenous peoples as morally deficient subjects in need of discipline and control could not be sustained as the country “locked down” and over a million others became “welfare dependent” overnight. Unemployment benefits were temporarily doubled, and onerous work-for-the-dole mutual obligations eased. This essay explores potential positive changes to systems of food provisioning caused by government responses to COVID-19. The remote food security “crisis” is shown to be mainly an artefact of government policies designed to punish the poor and push unemployed remote-community residents into jobs. We propose permanent reform to the social security system that will enhance food security and liberate Indigenous peoples to more effectively self-provision and exercise “food sovereignty”.

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Blaxland, Megan. "Mothers and mutual obligation:." In The Good Mother, 131–52. Sydney University Press, 2010. http://dx.doi.org/10.2307/j.ctv1sr6kgj.11.

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Conference papers on the topic "Mutual obligation"

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Folan, John. "Exclusively Mutual." In 2011 ACSA Teachers Conference. ACSA Press, 2011. http://dx.doi.org/10.35483/acsa.teach.2011.4.

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As individuals, institutions, and agencies stumble over each other creating new benchmarks for performance, speaking past one another along the way, the concept of performance becomes increasingly illusive – as does its implication in architectural practice. MECHANISTICALLY, it is a manner or quality of functioning. It’s EMBODIED meaning is firmly attached to the notion of accomplishment. CONTRACTUAL performance is tied to the fulfillment of an obligation or responsibility. The creative modality assigned to it’s PRODUCTIVE definition places emphasis on process based metrics. INFORMALLY the word describes a tiresome procedure. Scope of “work done” provides the LEGAL context for use of the word. COLLOQUIALLY performance is equated with competence. A REPRESENTATIONAL dimension exists as well in ceremony. And, performance exists as a MODALITY in embedded conduct and behavior.1

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Čović, Ana, Oliver Nikolić, and Aleksandra Daria Petrović. "Obligacionopravno dejstvo ugovora o franšizi." In XVI Majsko savetovanje. University of Kragujevac, Faculty of Law, 2020. http://dx.doi.org/10.46793/upk20.117c.

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The franchise agreement is derived from the franchise business agreed by the parties concerned, the franchisor and the franchisee. It belongs to unnamed contracts because the law does not recognize it as a statutory contract of obligation or business law and must rest on the principles of contract law, so there must be agreement of the will of the contracting parties without any deficiencies in compliance with legal regulations. A franchise agreement is a mixed contract in nature, because it also contains elements of other contracts. International and national regulations in this area influence the strengthening of intellectual property rights and franchise activities, thus accelerating global innovation capacity, improving technical and technological development and regulating and improving the market. The subject of this paper is the legal relationship between the franchisor and the franchisee, the content of their mutual rights and obligations, and the origin and importance of the franchise agreement.

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Runcheva Tasev, Hristina, Milena Apostolovska-Stepanoska, and Leposava Ognjanoska. "THE POTENTIAL OF ARTICLE 259 TFEU AS A TOOL FOR UPHOLDING THE MUTUAL TRUST IN THE EU." In The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2022. http://dx.doi.org/10.25234/eclic/22446.

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The principle of mutual trust, whose fundamental importance is recognized by the CJEU, is not mentioned in the Treaties, but nonetheless, it plays an essential role for the EU integration process and has become a structural principle of the EU law. In addition to its role as a basis for a large set of EU rules in the areas such as the internal market and the area of freedom, security and justice, this principle is also closely related to the EU founding values including the rule of law. Having in mind that is not a “blind trust” but an assumption, it is applied through ensuring compliance with the Union law for which both the Member States and the European Commission share responsibility, inter alia, by means of the infringement procedure. Under Article 259 TFEU, Member States are also entitled to bring a direct action against another Member State for an alleged infringement of an obligation under the Treaties. However, it is extremely rare for a Member State to take action upon the Article 259 TFEU and its potential remains untapped till now. This contribution aims to answer why do Member States are inactive in terms of invoking the infringement procedure. It argues that infringement procedure initiated by a Member State against another Member State should not be perceived as a violation of the mutual trust between them but as a tool to uphold the mutual trust and to protect the Union’s founding values, including the rule of law.

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Wan, Lei, Guiyong Li, Min Rui, Yongkang Liu, and Jue Yang. "Study on Supervision Mode of Floating Nuclear Power Plant With Small Modular Reactor." In 2018 26th International Conference on Nuclear Engineering. American Society of Mechanical Engineers, 2018. http://dx.doi.org/10.1115/icone26-82138.

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A floating nuclear power plant (FNPP) with small modular reactor (SMR) is a combination of a civilian nuclear infrastructure and an offshore installation, which is defined as a floating nuclear facility. The article draws the lessons from studying of the engineer combination like Floating Production Storage and Offloading (FPSO) under the regulation of several government departments. It puts forward recommendations for license application and government regulation as follows in consideration with current license application for nuclear power plant and ship survey. A FNPP shall follow the requirements of construction, fueling and operation for civil nuclear installation combined with ship survey. Application is submitted to nuclear safety regulator for construction permit, while the design drawings shall be submitted to department of ship survey which checks the drawings whether meet the requirements of ship survey, considering some nuclear safety needs. The result of ship survey shall be represented in the safety analysis reports. The construction and important devices manufacturing shall be under the supervision of nuclear installation regulators and ship survey departments. In conclusion, National Nuclear Safety Administration (NNSA) and Maritime Safety Administration of the People’s Republic of China (MSA) shall establish united supervisory system for SMR on sea in China. It is suggested that NNSA is in charge of the overall safety of a FNPP, while MSA is responsible of the ship survey. The operator shall undertake obligation of a FNPP and evaluate the ship cooperating with experienced agency. It is suggested that government departments build the mutual recognition agreement of safety review. It is better to solve the vague questions by coordination.

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Dattilo, Benjamin, and Rebecca L. Freeman. "THE MUTUAL OBLIGATIONS BETWEEN FOSSIL ENTHUSIASTS AND ACADEMIC PALEONTOLOGISTS." In 65th Annual Southeastern GSA Section Meeting. Geological Society of America, 2016. http://dx.doi.org/10.1130/abs/2016se-273761.

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Zatloukalová, Lucie. "Principles of European Family Law as an Inspiration for Law Makers in Europe." In COFOLA 2021. Brno: Masaryk University Press, 2021. http://dx.doi.org/10.5817/cz.muni.p210-9981-2021-5.

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The Commission on European Family Law is an international group of academic experts on family law. The principles aim is to help harmonize European law and to inspire national legislators to modernize their legislation. The principles try to capture the common core of individual national legislations. If some substantial question has no common core, the Commission creates a new rule, so-called “better law”. The Principles relating to couples in de facto unions deals mainly with the definition and application framework, general rights and obligations, agreements, property and debts, termination of cohabitation, death and mutual disputes. The Principles are of a recommendatory nature only. In Czech Republic the conservative approach prevailed, and de facto unions have no specific legal regulation. In the future, there can be some interesting legal constructions of rights and duties of couple in de facto union that could be an inspiration for Czech legislator. In this contribution I will choose such rights and duties according to the Principles.

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Arıcıoğlu, Mustafa Atilla, and Yasemin Savaş. "Clustering Policies in Japan as an Example of Clustering Strategy." In International Conference on Eurasian Economies. Eurasian Economists Association, 2021. http://dx.doi.org/10.36880/c13.02567.

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Clustering as a competitive tool allows companies to be in an advantageous position in the sector by cooperating on various issues, especially the exchange of information with each other. Organizations move forward with the cooperation they develop through clusters. In the literature, it has been seen that clusters are considered as a strategy and Competition model tool, considering the benefits they provide. In this study, the concept of clustering is explained within the framework of the concepts of trust and cooperation. Cluster expectations and cooperation in cluster networks are maintained according to the trust relationship between them. In the studies on this subject, it is observed that the clustering policies in Japan, which successfully implement cooperation as a strategy in accordance with the obligations of mutual trust, are taken as an example. For this reason, research on the clustering policies of Japan was included in the continuation of the study. It is believed that the study will contribute to the literature with conceptual explanations.

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Petrović, Jovana. "USLUGE AGENCIJA ZA PRIVREMENO ZAPOŠLjAVANjE." In XV Majsko savetovanje: Sloboda pružanja usluga i pravna sigurnost. University of Kragujevac, Faculty of Law, 2019. http://dx.doi.org/10.46793/xvmajsko.527p.

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Temporary agency work is an atypical form of employment that is becoming more frequently used as an alternative to standard labour relationship. It is a complex, ‘triangular’ legal relationship, which involves temporary-work agency, employee employed by the agency and a user firm, to which the agency assigns the employee. This is not a new legal institute, but it has become popular and somewhat legally regulated in the territory of the former SFRY in the last ten years. The Republic of Serbia does not have regulations that would regulate this specific issue, although these agencies exist in practice and in large numbers operate in the labor market of Serbia. However, Serbia has taken a step on the road to that. Namely, the Ministry of Labor has published the Draft Law on Agency Employment with the aim of providing legitimate employment and guaranteeing a working position of the transferred workers who are guaranteed to the employees with the employer. By introducing the legal framework for work through the temporary employment agency, the labor legislation of the Republic of Serbia is harmonized with the international standards of the ILO and the EU. By clearly defining the temporary employment agencies and specifying the conditions for their work, the rights and obligations of persons who conclude an employment contract with the temporary employment agency for the purpose of assigning temporary employment to the employer, and other mutual rights and obligations of the employees, agencies and employers of the users, This area and maximally protect the so-called. agency employees. Namely, agency employees will receive equal wages and other basic working conditions, safety and health at work and other working conditions applicable to employees directly employed by the employer-user (according to which the order and instructions of the agency employee work).

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Saburova, Lyudmila. "Depersonalization of Liaison in Digital Communication: “Lightened Sociality” Phenomenon." In The Public/Private in Modern Civilization, the 22nd Russian Scientific-Practical Conference (with international participation) (Yekaterinburg, April 16-17, 2020). Liberal Arts University – University for Humanities, Yekaterinburg, 2020. http://dx.doi.org/10.35853/ufh-public/private-2020-03.

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The digital technologies used in social communications give rise to new phenomena requiring both innovative measuring and descriptive tools, and new methodological approaches to understanding them. In particular, there is a need for a theoretical-methodological rationale of researches into social communities to account for the specificity of the new type of sociality that digital interactions generate. The article describes a study aimed at constructing a theoretical model of functioning virtual communities of a mobilisation type. The initial phase of the study included the analysis of interaction in virtual communities under the methodology of the ‘grounded theory’. The continuous observation of the behaviour of online communities on the VKontakte and Facebook platforms allowed us to identify the most relevant features of interaction hypothesised to influence the dynamics of the communities. Underpinned by analysis of quantitative data having been obtained during the study, the basic hypothesis was formulated as follows: digital technologies both determine the transition to non-linear communications and to the prevalence of horizontal connections, and form the ‘weakest’ social connections, leading to the depersonalisation of communication, dispersion and relativisation of social capital. Transformable social interactions create a new type of sociality described in the article through the metaphopr of ‘lightened sociality’. ‘Weaker’ linkages between digitalised social actors allow us to say about a ‘lightened’ sociality since the social capital of participants gets reduced to a symbolic amount, whereas the level of mutual obligations and social liability substantially decreases compared to off-line reality.

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Pearce Churchill, Meryl, Daniel Lindsay, Diana H Mendez, Melissa Crowe, Nicholas Emtage, and Rhondda Jones. "Does Publishing During the Doctorate Influence Completion Time? A Quantitative Study of Doctoral Candidates in Australia." In InSITE 2022: Informing Science + IT Education Conferences. Informing Science Institute, 2022. http://dx.doi.org/10.28945/4912.

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Aim/Purpose This paper investigates the association between publishing during doctoral candidature and completion time. The effects of discipline and of gaining additional support through a doctoral cohort program are also explored. Background Candidates recognize the value of building a publication track record to improve their career prospects yet are cognizant of the time it takes to publish peer-reviewed articles. In some institutions or disciplines, there is a policy or the expectation that doctoral students will publish during their candidature. How-ever, doctoral candidates are also under increasing pressure to complete their studies within a designated timeframe. Thus, some candidates and faculty perceive the two requirements – to publish and to complete on time – as mutually exclusive. Furthermore, where candidates have a choice in the format that the PhD submission will take, be it by monograph, PhD-by-publication, or a hybrid thesis, there is little empirical evidence available to guide the decision. This pa-per provides a quantitative analysis of the association between publishing during candidature and time-to-degree and investigates other variables associated with doctoral candidate research productivity and efficiency. Methodology Multivariate logistic regression analyses were used to examine the predictors (discipline [field of research], gender, age group, domestic or international student status, and belonging to a cohort program) of doctoral candidate research productivity and efficacy. Research productivity was quantified by the number of peer-reviewed journal articles that a candidate published as a primary author during and up to 24 months after thesis submission. Efficacy (time-to-degree) was quantified by the number of Full-Time Equivalent (FTE) years of candidature. Data on 1,143 doctoral graduates were obtained from a single Australian university for the period extending from 2000 to 2020. Complete publication data were available on 707 graduates, and time-to-degree data on 664 graduates. Data were drawn from eight fields of research, which were grouped into the disciplines of health, biological sciences, agricultural and environmental sciences, and chemical, earth, and physical sciences. Contribution This paper addresses a gap in empirical literature by providing evidence of the association between publishing during doctoral candidature and time-to-degree in the disciplines of health, biological sciences, agricultural and environmental sciences, and chemical, earth, and physical sciences. The paper also adds to the body of evidence that demonstrates the value of belonging to a cohort pro-gram for doctoral student outcomes. Findings There is a significant association between the number of articles published and median time-to-degree. Graduates with the highest research productivity (four or more articles) exhibited the shortest time-to-degree. There was also a significant association between discipline and the number of publications published during candidature. Gaining additional peer and research-focused support and training through a cohort program was also associated with higher research productivity and efficiency compared to candidates in the same discipline but not in receipt of the additional support. Recommendations for Practitioners While the encouragement of candidates to both publish and complete within the recommended doctorate timeframe is recommended, even within disciplines characterized by high levels of research productivity, i.e., where publishing during candidature is the “norm,” the desired levels of student research productivity and efficiency are only likely to be achieved where candidates are provided with consistent writing and publication-focused training, together with peer or mentor support. Recommendations for Researchers Publishing peer-reviewed articles during doctoral candidature is shown not to adversely affect candidates’ completion time. Researchers should seek writing and publication-focused support to enhance their research productivity and efficiency. Impact on Society Researchers have an obligation to disseminate their findings for the benefit of society, industry, or practice. Thus, doctoral candidates need to be encouraged and supported to publish as they progress through their candidature. Future Research The quantitative findings need to be followed up with a mixed-methods study aimed at identifying which elements of publication and research-focused sup-port are most effective in raising doctoral candidate productivity and efficacy.

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Reports on the topic "Mutual obligation"

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Khvostina, Inesa, Serhiy Semerikov, Oleh Yatsiuk, Nadiia Daliak, Olha Romanko, and Ekaterina Shmeltser. Casual analysis of financial and operational risks of oil and gas companies in condition of emergent economy. [б. в.], October 2020. http://dx.doi.org/10.31812/123456789/4120.

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The need to control the risk that accompanies businesses in their day- to-day operations, and at the same time changing economic conditions make risk management an almost indispensable element of economic life. Selection of the main aspects of the selected phases of the risk management process: risk identification and risk assessment are related to their direct relationship with the subject matter (risk identification to be managed; risk analysis leading to the establishment of a risk hierarchy, and, consequently, the definition of risk control’ methods) and its purpose (bringing the risk to acceptable level). It is impossible to identify the basic patterns of development of the oil and gas industry without exploring the relationship between economic processes and enterprise risks. The latter are subject to simulation, and based on models it is possible to determine with certain probability whether there have been qualitative and quantitative changes in the processes, in their mutual influence on each other, etc. The work is devoted to exploring the possibilities of applying the Granger test to examine the causal relationship between the risks and obligations of oil and gas companies. The analysis is based on statistical tests and the use of linear regression models.

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