Książki: „Mutual obligation”

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Jansen, Michael, i Günter Saathoff, red. "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, i Saathoff Günter, red. 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., red. 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, i Pollack Irving M. 1918-, red. The Handbook of fixed income securities. Wyd. 2. Homewood, Ill: Dow Jones-Irwin, 1987.

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Fabozzi, Frank J. The handbook of fixed income securities. Wyd. 8. New York: McGraw-Hill, 2012.

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J, Fabozzi Frank, Fabozzi T. Dessa 1960- i Pollack Irving M. 1918-, red. The Handbook of fixed income securities. Wyd. 3. Homewood, Ill: Business One Irwin, 1991.

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J, Fabozzi Frank, red. The handbook of fixed income securities. Wyd. 5. Chicago: Irwin Professional Pub., 1997.

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J, Fabozzi Frank, red. The handbook of fixed income securities. Wyd. 6. New York: McGraw-Hill, 2001.

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J, Fabozzi Frank, i Fabozzi T. Dessa 1960-, red. The Handbook of fixed income securities. Wyd. 4. Burr Ridge, Ill: Irwin Professional Pub., 1995.

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Jansen, Michael, i G. Saathoff. Mutual Responsibility and a Moral Obligation. Palgrave Macmillan, 2014.

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Adult Literacy and Numeracy Australian Research Consortium., red. Pebbles in a pond: Learner, teacher, and policy perspectives on Mutual Obligation. Melbourne, Vic: Published for ALNARC by Language Australia, 2000.

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Sen, Amartya. Our Obligation to Future Generations. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198825067.003.0007.

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Our reasoned sense of obligations to others can arise from at least three possible sources: cooperation, having caused harm, and effective power to improve suffering. The last source, this chapter argues, is particularly important in considering our obligations to future generations. It draws on a line of reasoning that takes us well beyond contractarian motivations to the idea of the “impartial spectator” as developed by Adam Smith. The interests of future generations come into the story because they are important in our attempt to be impartial spectators. The obligation of power contrasts with the mutual obligations for cooperation at the basic plane of motivational justification. In the context of climate concerns and intergenerational justice, this asymmetry-embracing approach seems to allow an easier entry for understanding our obligations.

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Jansen, M., i G. Saathoff. Mutual Responsibility and a Moral Obligation: The Final Report on Germany's Compensation Programs for Forced Labor and Other Personal Injuries. Palgrave Macmillan, 2009.

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Jansen, M., i G. Saathoff. Mutual Responsibility and a Moral Obligation: The Final Report on Germany's Compensation Programs for Forced Labor and Other Personal Injuries. Palgrave Macmillan, 2009.

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Kriangsak, Kittichaisaree. Part III Epilogue and Reflections, 8 Conclusions and the Way Forward. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198823292.003.0008.

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The chapter describes international efforts to close the gaps in existing treaties on the obligation to extradite or prosecute. These include: (i) the joint initiative for the adoption of a new international instrument on mutual legal assistance and extradition for the effective investigation and prosecution of the most serious crimes of international concern, in particular, the crimes of genocide, crimes against humanity, and war crimes, by domestic jurisdictions; and (ii) the International Law Commission's work on a draft convention on Crimes against Humanity. The chapter also explores the issue of capacity building for the national judiciary and a regional judicial mechanism to help alleviate the burden of the International Criminal Court; national peace/reconciliation, international peace/stability, and other considerations against the implementation of the obligation to extradite or prosecute; the operation of transitional justice as an alternative to prosecution; and the implications of the atrocities in Syria for the future prospects of this obligation in the context of international criminal justice.

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Yancey, George, i Michael O. Emerson. Transcending Racial Barriers: Toward a Mutual Obligations Approach. Oxford University Press, Incorporated, 2010.

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Yancey, George, i Michael O. Emerson. Transcending Racial Barriers: Toward a Mutual Obligations Approach. Oxford University Press, 2010.

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Marin, Mara. Connected by Commitment. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190498627.001.0001.

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Connected by Commitment examines our obligations to transform structures of oppression and argues that they should be understood on the model of “commitments.” Commitments are relationships of obligation developed over time through the accumulated effect of open-ended actions and responses. The book examines three spheres of social relations (legal relations, intimate relations of care, and work relations) and argues that in each of them oppressive relations are maintained by processes that make a mutual vulnerability invisible and in so doing are able to place it disproportionately on disadvantaged social groups. The notion of commitment is crucial for understanding how these processes can be undermined and oppressive structures can be transformed because it can explain how the cumulative effects of individual actions are implicated in sustaining oppressive relations. For example, understanding legal relations as commitments makes visible the continuous labor of compliance required by the law from those it governs and, in so doing, makes visible both the unequal burdens the law puts on different social groups and the possibilities of resistance intrinsic to the enforcement function of the law. The notion of commitment highlights the fact that we incur obligations to dismantle unjust social structures in virtue of our participation in them over time, of the cumulative effects of our actions, irrespective of our intentions. Commitment is essential to making sense of our collective obligations to transform oppression, and thus it offers a model of solidarity against multiple forms of oppression.

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MacPhail, Eric. Montaigne on Friendship. Redaktor Philippe Desan. Oxford University Press, 2015. http://dx.doi.org/10.1093/oxfordhb/9780190215330.013.34.

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This article surveys the numerous permutations and repercussions, political, ethical, and esthetic, of the hallowed notion of friendship in Montaigne’s Essays. It also studies the literary genealogy and intertextual relations of friendship in the classical and vernacular tradition. The fiction of friendship has sustained a long tradition in Montaigne studies and is no doubt one of Montaigne’s most generous gifts to posterity. Friendship in the Essays is by turns an artistic passion, a civil liberty, and a political profession, metamorphosizing and adapting through the different phases of composition. In this process, the written word remains the most trusted repository of friendship. The mutual obligation of author and book offers a most modern formulation of friendship.

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Cecilia M, Mairal, i Gayol Pablo. 2 Argentina. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198808589.003.0002.

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This chapter discusses the law of set-off in Argentina by focusing on the relevant provisions of the Argentine Civil and Commercial Code (CC Code). Under the CC Code, set-off provides a means of cancelling or extinguishing an obligation. According to the Code, a set-off arises when two parties reach a mutual agreement to be creditor and debtor. The chapter first provides an overview of the main elements of set-off as stipulated in the CC Code before explaining the specific set-off provisions that are applicable in an insolvency case. In particular, it examines statutory set-off and contractual set-off, set-off against insolvent parties, set-off provisions for the case of reorganization and bankruptcy under the Argentine Bankruptcy Law, and set-off during the ‘suspect’ or ‘look-back’ period. Finally, it analyses set-off provisions governing cross-border transactions.

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O’Brian, William E. Sovereignty, Political Obligation, and Fairness. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190922542.003.0004.

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This chapter analyzes the leading theories of freedom in recent legal and philosophical theory, focusing on the pure negative freedom approach, the Kantian approach, and the Republican approach, contrasting these with the leading “positive freedom” approach, that of capabilities. Adopting elements of all of these theories, the chapter develops a Kantian approach incorporating elements of the Republican analysis of freedom. In doing so, the chapter discusses the Principle of Fairness, and applies the Principle of Fairness to the concept of political obligation. The resulting theory lends support to a particular principle, the Reciprocal Sovereignty Principle, which permits restrictions of freedom only where doing so is mutually beneficial.

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Walker, William. The International Nuclear Order after the Cold War—Progress and Regress. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198828945.003.0005.

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The nuclear weapon’s emergence as an instrument of rivalry and deterrence, coupled with desire to use nuclear technology for civil purposes, created a pressing need, which continues, for the regulation of nuclear activity and relations. During the Cold War, a rule-based international nuclear order took shape around institutions of arms control and non-proliferation, resting upon ideas of mutual restraint, obligation, and eventual abolition whilst maintaining room for nuclear deterrence in specific contexts. Extended and deepened between the mid-1980s and 1990s, the order has since suffered a loss of coherence and respect for reasons including further weapon proliferation, Russia’s return to Cold War-style nuclear posturing, loss of US authority and consistency, regional conflict, and failure to honor Non-Proliferation Treaty pledges on disarmament. The Nuclear Weapon Ban Treaty has been one response. The greatest ordering challenges may come from technological changes, in cyber and other domains, threatening the safety and reliability of nuclear deterrence.

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Dagger, Richard. Political Obligation, Punishment, and the Polity. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199388837.003.0010.

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This chapter completes the argument for the fair-play theory of political obligation and punishment by taking up two final tasks. The first is to explain how the two aspects of this theory—that is, the one concerned with political obligation and the one that justifies legal punishment—stand in relation to each other. The claim is that this relationship is interlocking and mutually reinforcing. The second task is to fill out and sharpen the conception of the polity as a cooperative meta-practice that is central to the fair-play theory of political obligation and punishment. In doing so, I hope to show how the fair-play account provides practical guidance even in conditions that fall short of the ideal of a polity so conceived.

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Marin, Mara. Laws, Judgment, and Political Obligations of Commitment. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190498627.003.0004.

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Chapter 3 argues that laws make individuals vulnerable to each other, a vulnerability that is obscured by a belief that laws are meant to insulate individuals from each other. While laws are meant to protect individuals from their vulnerability to other people’s power, this protective function is wrongly understood as erasing this vulnerability. The vulnerability cannot be erased because laws have to be interpreted, enforced, and given particular institutional form, and all of these are processes enacted by human beings in which the mutual vulnerability resurfaces. In the course of these processes, laws put us in particular social relations to each other. We should understand the protective function of laws in terms of the quality of these social relations. Laws protect us—and thus create binding obligations to obey them—when they create equal, nonhierarchical social relations. As these relations depend on the continuous, long-term action of those governed by the same system of law, we should understand our obligations under the law on the model of commitment.

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Fox, Richard. More Than Words. Cornell University Press, 2018. http://dx.doi.org/10.7591/cornell/9781501725340.001.0001.

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Grounded in extensive ethnographic and archival research on the Indonesian island of Bali, More Than Words challenges conventional understandings of textuality and writing as they pertain to the religious traditions of Southeast Asia. Through a nuanced study of Balinese script as employed in rites of healing, sorcery and self-defence, this book explores the aims and desires embodied in the production and use of palm-leaf manuscripts, amulets and other inscribed objects. Balinese often attribute both life and independent volition to manuscripts and copperplate inscriptions, presenting them with elaborate offerings. Commonly addressed with personal honorifics, these script-bearing objects may become partners with humans and other sentient beings in relations of exchange and mutual obligation. The question is how such practices of ‘the living letter’ may be related to more recently emergent conceptions of writing—which take Balinese letters to be a symbol of cultural heritage, and a neutral medium for the transmission of textual meaning. One of the book’s central aims is to theorize the coexistence of these seemingly contradictory sensibilities, with an eye to its wider significance for the history and practice of religion in Southeast Asia and beyond.

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Konstan, David. In the Orbit of Love. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190887872.001.0001.

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This book is about love in the classical world – not erotic passion but the kind of love that binds together intimate members of a family and very close friends, but which may also be extended to include a wider range of individuals for whom we care deeply. The book includes chapters on friendship, especially the idea that a friend is another self; loyalty, and why loyalty was not a prominent virtue in classical thought; generosity and gratitude; grief in response to the loss of a loved one; and, finally, civic solidarity. Love, it is argued, underpins all these relations. Thus, rather than describing these affective ties in terms of reciprocity, which involves an expectation of return and a kind of selfishness or egoism, the book argues that these are truly other-regarding sentiments. It is acknowledged that the ancient sources sometimes describe these relations, including friendship, as forms of mutual obligation, but this book focuses on the counter strand in the literature that emphasizes genuine altruism. The study of how love drew into its orbit the various relations examined in this book sheds light on some central features not only of ancient habits of thought but also our own.

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Scott, Tom. The Swiss and their Neighbours, 1460-1560. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198725275.001.0001.

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Renewed interest in Swiss history has sought to overcome the old stereotypes of peasant liberty and republican exceptionalism. The heroic age of the Confederation in the fifteenth century is now seen as a turning point as the Swiss polity achieved a measure of institutional consolidation and stability, and began to mark out clear frontiers. This book questions both assumptions. It argues that the administration of the common lordships by the cantons collectively gave rise to as much discord as cooperation, and remained a pragmatic device not a political principle. It argues that the Swiss War of 1499 was an avoidable catastrophe, from which developed a modus vivendi between the Swiss and the Empire as the Rhine became a buffer zone, not a boundary. It then investigates the background to Bern’s conquest of the Vaud in 1536, under the guise of relieving Geneva from beleaguerment, to suggest that Bern’s actions were driven not by predeterminate territorial expansion but by the need to halt French designs upon Geneva and Savoy. The geopolitical balance of the Confederation was fundamentally altered by Bern’s acquisition of the Vaud and adjacent lands. Nevertheless, the political fabric of the Confederation, which had been tested to the brink during the Reformation, proved itself flexible enough to absorb such a major reorientation, not least because what held the Confederation together was not so much institutions as a sense of common identity and mutual obligation forged during the Burgundian Wars of the 1470s.

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Catherine, Brölmann. 5 Obligations of International Organizations, 5.2 Interpretation of the Agreement of 25 March 1951 between the WHO and Egypt , Advisory Opinion, [1980] ICJ Rep 73. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198743620.003.0026.

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The 1980 WHO Advisory Opinion elaborates on the general legal obligations (grounded in the duty of co-operation and good faith) that are part of the relationship between an international organization and its host state. In this opinion the ICJ possibly for the first time articulated this relationship as a set of mutual obligations between legal equals. The opinion moreover enunciates the sources of international legal obligations binding upon international organizations (IOs): the treaties they conclude (uncontroversial); I customary international law; their constitutions. The Court uses the proverbial reassurance of UN member states in saying that the WHO is not a ‘super-state’. Finally, in accepting jurisdiction the Court explicitly separated the legal character of the question from the political considerations motivated by that question.

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Cabrelli, David. 6. The Implied Terms of the Personal Employment Contract. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198813149.003.0006.

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This chapter first discusses the role played by implied terms of the employment contract. It then turns to the implied terms which impose obligations on the employer. These include the duty to provide work, pay wages, exercise reasonable care for the physical and psychiatric well-being of the employee; the implied term of mutual trust and confidence; and the discretionary benefit implied term and anti-avoidance implied term. The final section covers the implied terms imposing duties on employees. These include the duty to work and obey instructions and orders; the duty to adapt, exercise care, and co-operate; the duty of mutual trust and confidence; and the duty of loyalty, fidelity, and confidence.

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Investor's business daily guide to the markets. New York: Wiley, 1996.

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Raimondi, Guido. Introductory Note. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190923846.003.0027.

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This article comments on four important judgments given by the European Court of Human Rights in 2016. Al-Dulimi v. Switzerland addresses the issue of how, in the context of sanctions regimes created by the UN Security Council, European states should reconcile their obligations under the UN Charter with their obligations under the European Convention on Human Rights to respect the fundamentals of European public order. Baka v. Hungary concerns the separation of powers and judicial independence, in particular the need for procedural safeguards to protect judges against unjustified removal from office and to protect their legitimate exercise of freedom of expression. Magyar Helsinki Bizottság v. Hungary is a judgment on the interpretation of the Convention, featuring a review of the “living instrument” approach. Avotiņš v. Latvia addresses the principle of mutual trust within the EU legal order and the right to a fair trial under Article 6 of the Convention.

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Butler, Martin. The Legal Masque. Redaktor Lorna Hutson. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199660889.013.32.

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Masques and revels at the Inns of Court were public ritual occasions in which the termers could symbolically display the values of law and liberty with which they identified, as well as stage the aspirations and tensions experienced by their profession. Sometimes (as with The Triumph of Peace, 1634) these masques involved implied critique of the legality of royal policies. More often (as with masques danced during the period when Sir Francis Bacon was pre-eminent), they dramatized the on-going rapport between the Crown and its lawyers, underlining the obligations on both sides to pursue the values of trust and mutual respect.

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Kamzin, N. Settlement organization in international economic cooperation. The economic essence and legal aspects of the order of execution of mutual financial obligations in the global economy. Book on Demand Ltd., 2018.

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Dagger, Richard. Playing Fair. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199388837.001.0001.

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Is there a general obligation to obey the laws of a reasonably just polity? Is there any justification for imposing suffering, in the form of punishment, on those who break the law? Political and legal philosophers have long debated these vexing questions, but the debates typically have taken up each question in isolation. Playing Fair, however, treats the two questions as intertwined and provides affirmative answers to both—answers grounded, in both cases, in the principle of fair play. According to this principle, those who are engaged in a mutually beneficial cooperative practice or enterprise have a duty to the cooperating participants to bear a fair share of the burdens of the practice. Applied to the political order, the principle holds that a reasonably just polity is a cooperative enterprise whose members receive benefits from the rule of law only because other members obey the law even when they find obedience burdensome. The members of a reasonably just polity thus have a political obligation, understood as a defeasible moral duty to obey the law, to one another. Those who break the laws fail to fulfill this obligation, and their failure justifies the law-abiding members, acting through the proper authorities, in punishing the lawbreakers. Rather than two separate problems, then, political obligation and punishment are two aspects of the same fundamental concern for sustaining a polity that its members can reasonably regard as a cooperative enterprise under the rule of law.

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Gilbert, Margaret. The Ubiquity of Joint Commitment. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198813767.003.0011.

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After noting that joint commitments can be made gradually and by more subtle means than those constitutive of agreements and promises, and that they may obtain in large populations spread over great distances, this chapter argues that many central social phenomena other than agreements and promises are constituted by joint commitments with associated demand-rights and directed obligations. These phenomena range from the instantaneous occurrence of “mutual recognition” between two people in close proximity to large, enduring social groups. They include shared intentions or plans, doing things together, and collective attitudes such as collective value judgments. It is argued also that a particular kind of joint commitment offers an intelligible ground for command authority. Thus, should joint commitment be the only source of demand-rights, such rights will still be ubiquitous in human lives.

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Shiffrin, Seana Valentine. A Thinker-Based Approach to Freedom of Speech. Princeton University Press, 2017. http://dx.doi.org/10.23943/princeton/9780691157023.003.0004.

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This chapter examines the foundational connection between the grounds for the moral prohibition on lying and the moral and political protection of freedom of speech. Both the prohibition on lying and the prohibition on wrongful deception work aim to protect the ability of listeners to rely on speech to develop understandings of one another and of the world. These understandings are essential for our mutual flourishing, for the apprehension and discharge of our moral obligations to one another as individuals, and to enable us to pursue our collective moral ends. The chapter draws some connections between these values and freedom of speech. It argues that the connection between discursive communication and moral agency also provides the foundations for what it calls a “thinker-based approach” to freedom of speech, which affords free speech theory a more natural way to represent the unity between freedom of thought and freedom of communication.

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Brand, Paul. The Beginnings of the English Common Law (To 1350). Redaktorzy Heikki Pihlajamäki, Markus D. Dubber i Mark Godfrey. Oxford University Press, 2018. http://dx.doi.org/10.1093/oxfordhb/9780198785521.013.20.

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In the last quarter of the twelfth century a new type of royal court was created in England with courts possessing nationwide jurisdiction, whose justices required specific authorization to hear individual cases and who began regularly to use jury verdicts for fact-finding. From the first the justices of these new courts kept written records and from the last quarter of the thirteenth century these are supplemented by unofficial law reports made by those listening to what was done in court. Initially these courts were concerned mainly with serious crime and property rights over land but they also came to exercise jurisdiction over disputes about the mutual obligations of lords and tenants and helped to control various forms of coercion and self-help. These new courts created the English common law and well before 1350 this had also spread (to a greater or lesser extent) outside England to Ireland, Wales, and Scotland.

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Hardy, Duncan. The Age of Imperial Reform, c. 1486–1521. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198827252.003.0013.

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This final case study in associative political culture’s shaping of the evolving Holy Roman Empire examines the new legislation passed during the reign of King/Emperor Maximilian, which modern historians have often called ‘imperial reforms’. At the heart of the reform narrative is the idea that the Empire experienced a constitutional watershed around 1495/1500 as a set of new institutions was established through laws issued at the imperial diets, such as the so-called ‘eternal public peace’ (Ewiger Landfriede), the imperial chamber court (Reichskammergericht), and the imperial council (Reichsregiment). However, the functions and discourses of these institutions and the legislation that created them were remarkably similar to associative practices and documentation. Viewed from the perspective of the Upper German culture of multilateral assistance through stipulated mutual obligations and adjudication and negotiation at Tage, the outcomes of ‘imperial reform’ appear not as radical departures, but as iterations of deeply rooted structures and dynamics.

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Crubaugh, Anthony. Feudalism. Redaktor William Doyle. Oxford University Press, 2012. http://dx.doi.org/10.1093/oxfordhb/9780199291205.013.0013.

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Feudalism generally refers to a medieval system of political, social, and economic organization based on vassalage and the granting of a foedum (fief) that developed in western Europe with the collapse of authority following Germanic invasions. Medieval feudal contracts involved the establishment of a hierarchical but mutually supportive relationship among private individuals, cemented by a ceremony in which a vassal paid homage and promised material and military support to a lord in return for the lord's protection and the investiture of a fief. Although feudal contracts governed the reciprocal obligations among the noble military elite, the landed estates that served as the basis of the warrior class's economic power required the labour of peasants.

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Poos, L. R. Love, Hate, and the Law in Tudor England. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780192865113.001.0001.

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Abstract Love, Hate, and the Law in Tudor England reconstructs the life of Ralph Rishton, a member of the sixteenth-century Lancashire gentry who was a child bridegroom and a serial wife discarder, who bribed church officials to obtain a forged annulment, defrauded a kinsman out of his inheritance, and adroitly manipulated his own and other people’s land. The dozens of lawsuits in which the Rishtons were involved, in many different courts, elucidate one family’s engagement with law in Tudor England: how they used and misused law, how it shaped their perceptions of rights and mutual obligations, and how it framed litigants’ and witnesses’ language. Drawing upon trial and estate records, the core of this book is the central narrative of Ralph Rishton and his three wives, of litigiousness and violence, marriage and property, and the pursuit of equitable resolutions to disputes, along with countless smaller narratives that vividly capture a culture in its time and place. Alongside that central narrative, the book uses the Rishton stories as a starting point for analysing child marriage, the construction of memory, and the development of local historical identity through antiquarians and the Victorian and Edwardian local press, demonstrating how—from the time of the Rishtons into the twentieth century—historical narratives were continually reshaped and repurposed.

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47

Lu, Catherine. Reconciliation and Reparations. Redaktorzy Seth Lazar i Helen Frowe. Oxford University Press, 2015. http://dx.doi.org/10.1093/oxfordhb/9780199943418.013.17.

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This chapter distinguishes between two concepts of reconciliation that address two kinds of alienation endemic to contexts of civil, interstate, and transnational wars: relational reconciliation, which responds to alienating interactions between agents, and structural reconciliation, which responds to alienating social and political practices and structures that mediate agents’ activities and relations. These two concepts of reconciliation generate different accounts of the purposes of reparations, the agents responsible for reparations, and the forms that reparative measures should take. Reparations schemes in postwar peace settlements should aim not only to reconcile belligerents relationally to each other but also, more fundamentally, to construct a mutually affirmable and affirmed postconflict social/political order. To the extent that contemporary international law limits the duty of reparations to states that are directly responsible for wrongful conduct and excludes disgorgement as an obligation of structural reparation, it remains too focused on the relational versus structural aspects of political reconciliation.

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48

Bruck, Connie. The Predators' Ball: The Junk Bond Raiders and the Man Who Staked Them. Dove Books, 1989.

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Euen, William. On the Importance of an Early Correct Education of Children: Embracing the Mutual Obligations and Duties of Parent and Child; Also the Qualifications and Discipline of Teachers, with Their Emolument, and a Plan Suggested Whereby All Our Common Schols Can. Creative Media Partners, LLC, 2018.

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Alston, Philip G., i Nikki R. Reisch, red. Tax, Inequality, and Human Rights. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190882228.001.0001.

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This book looks at the linkages between human rights and tax law and reveals their mutual relevance to tackling economic, social, and political inequalities. Against the backdrop of systemic corporate tax avoidance, the widespread use of tax havens, persistent pressures to embrace austerity policies, and growing gaps between the rich and poor, this book encourages readers to understand fiscal policy as human rights policy, with profound consequences for the well-being of citizens around the world. The chapters examine where the foundational principles of tax law and human rights law intersect and diverge; discuss the cross-border nature and human rights impacts of abusive practices like tax avoidance and evasion; question the role of states in bringing transparency and accountability to tax policies and practices; highlight the responsibility of private sector actors for the shape and consequences of tax laws; and critically evaluate certain domestic tax rules through the lens of equality and nondiscrimination. The chapters explore how the international human rights framework can anchor debates around international tax reform and domestic fiscal consolidation in existing state obligations. They address what human rights law requires of state tax policies, and what a state’s tax laws and loopholes mean for the enjoyment of human rights within and outside its borders. Ultimately, tax and human rights both turn on the relationship between the individual and the state, and thus both fields face crises as the social contract frays and populist, illiberal regimes are on the rise.

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