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Автор: Grafiati

Опубліковано: 7 липня 2024

Оновлено: 7 липня 2024

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1

Greenberg, Sarah B. "Between Covenant and Contract: Jewish Political Thought and Contemporary Political Theory." Religions 14, no. 11 (October 25, 2023): 1352. http://dx.doi.org/10.3390/rel14111352.

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Social contract theory has long been at the center of political theory, and one of the inheritors of the social contract tradition, liberalism, reverberates through contemporary political life. And yet, an overlooked element of liberalism are the biblical origins of social contract theory. Specifically, how the early modern political theorists were reading Hebrew Bible, and the kinds of interpretive transformations of Hebrew Bible that take place on the pages of works like Thomas Hobbes’ Leviathan, John Locke’s Second Treatise, and more. Covenant is the centerpiece of this entanglement. When drawn from Hebrew Bible and read in the context of Jewish political thought, covenant has a very different meaning to that which social contract theories attribute it. This Jewish understanding of covenant concretizes a practice of politics that is constitutively dissenting and agonistic, in contrast to the command–obedience model typical of social contract theory. Furthermore, covenant loses its unique conceptual framework—thus its contribution to political thought—when it is secularized into a social contract. This Jewish conception of covenant offers a new way to understand politics and democratic practice through “covenantal authority” and its constitutively dissenting, agonistic, and circulating qualities. “Covenantal authority” captures the constitutive undecidability of who has authority over the text.

2

Mills, Lillian F., Sarah E. Nutter, and Casey M. Schwab. "The Effect of Political Sensitivity and Bargaining Power on Taxes: Evidence from Federal Contractors." Accounting Review 88, no. 3 (December 1, 2012): 977–1005. http://dx.doi.org/10.2308/accr-50368.

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ABSTRACT We investigate whether politically sensitive contractors pay higher taxes and whether their bargaining power reduces these tax costs. Using federal contractor data, we develop a new composite measure of political sensitivity that captures both the political visibility arising from federal contracts and the importance of federal contracts to the firm. We proxy for bargaining power using the firm-level proportion of contract revenues not subject to competition, the firm-level proportion of contract revenues arising from defense contracts, and industry-level concentration ratios. We find that politically sensitive firms pay higher federal taxes, all else equal. However, firms with greater bargaining power incur fewer tax-related political costs. Our study provides new evidence on the political cost hypothesis in a tax setting and the first evidence of the interactive effects of a firm's political sensitivity and bargaining power on tax-related political costs. JEL Classifications: M41; H26

3

DeHart, Paul R. "Whose Social Contract?" Catholic Social Science Review 26 (2021): 3–21. http://dx.doi.org/10.5840/cssr20212617.

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Many scholars view political contractarianism as a distinctly modern account of the foundations of political order. Ideas such as popular sovereignty, the right of revolution, the necessity of the consent of the governed for rightful political authority, natural equality, and a pre-civil state of nature embody the modern rupture with classical political philosophy and traditional Christian theology. At the headwaters of this modern revolution stands Thomas Hobbes. Since the American founders subscribed to the social contract theory, they are often said to reject classical political philosophy and traditional Christian political theology as well. In America on Trial, Robert Reilly rejects the usual argument. He maintains that the building blocks of the American founding originate in medieval Christian political theology. In this essay, I argue that a morally and metaphysically realist contractarian tradition—one that affirms natural equality, the authority of the society over government, the necessity of consent for legitimate government, the right to resist tyrannical rulers, and the idea of a pre-civil state of nature—predates Hobbes and also that the voluntarist contractarian tradition inaugurated by Hobbes is self-referentially incoherent. A coherent political contractarianism logicially depends on the sort of metaphysics and moral ontology Hobbes rejects.

4

Beuve, Jean, Marian W. Moszoro, and Stéphane Saussier. "Political contestability and public contract rigidity: An analysis of procurement contracts." Journal of Economics & Management Strategy 28, no. 2 (July 2, 2018): 316–35. http://dx.doi.org/10.1111/jems.12268.

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5

Danner, Leno. "THE APOLITICAL SOCIAL CONTRACT: CONTEMPORARY DEMOCRATIC POLITICS BEYOND DEPOLITICIZED SOCIAL CONTRACT." Kriterion: Revista de Filosofia 58, no. 136 (April 2017): 101–23. http://dx.doi.org/10.1590/0100-512x2017n13606ld.

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ABSTRACT This article provides a criticism of the apolitical starting point of social contract theories through the analysis of Rawls's original position and Habermas's idea of complex society, arguing that such depoliticized starting point leads to the refusal of the centrality of social struggles between classes as the basis of streamlining social evolution and institutional constitution. In order to achieve political agreement, it erases and even eliminates the struggles between social classes, the status quo and the social-political differences between social groups as the core of societal and institutional configuration. Moreover, it leads to strong institutionalism-the centrality of the formal spheres and subjects (institutions, their proceduralism and legal staff, as political parties and courts) in relation to informal spheres and subjects (civil society, social movements and citizen initiatives). Therefore, the political consequences of a depoliticized or apolitical starting point are threefold: (a) the depoliticization of social struggles between opposed social classes, (b) the strong institutionalism by the emphasis in the depoliticized institutions and in the rule of law, and (c) the weakening of a democratic political praxis performed by social movements and citizen initiatives from a direct contraposition and even substitution of the institutions, their proceduralism and legal staff with the spontaneous politicalcultural praxis of these social movements and citizen initiatives. The great problem and challenge of contemporary democratic societies, namely the correlation between strong institutionalism, political parties and economic oligarchies, cannot be resolved from the juridical-political procedural paradigm's emphasis on institutionalism and the rule of law, but only by a reaffirmation of political praxis as the fundamental core of institutional and societal constitution, legitimation and evolution, which implies that democratic politics must be conceived of as a permanent struggle against strong institutionalism by the political subjects of civil society. Here a permanent and radical politicization of the informal public spheres and subjects is required.

6

Bagchi, Aditi. "The Political Economy of Regulating Contract." American Journal of Comparative Law 62, no. 3 (July 1, 2014): 687–738. http://dx.doi.org/10.5131/ajcl.2014.0009.

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7

Wilson, John. "The Political Economy of Contract Farming." Review of Radical Political Economics 18, no. 4 (December 1986): 47–70. http://dx.doi.org/10.1177/048661348601800403.

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8

Davis, Michael. "Locke’s Political Society." Journal of Moral Philosophy 11, no. 2 (March 22, 2014): 209–31. http://dx.doi.org/10.1163/17455243-4681005.

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This paper not only describes a confusing network of terms (including “political society”, “commonwealth”, and “community”), thus defining a problem of interpretation, but also partially solves the problem. One result is that Locke turns out to differ in at least one important way from those theorists of social contract supposedly belonging to the same tradition, especially Hobbes, Rousseau, and Rawls. The Two Treatises lacks any social contract, that is, a contract constituting society in the inclusive sense usually given “society” in discussions of “social contract”. Locke’s concept of “political society” deserves a closer look, since it has largely been overlooked until now.

9

Raju, S. Surapa. "Political Economy of Contract Farming in India." Social Change 36, no. 4 (December 2006): 153–54. http://dx.doi.org/10.1177/004908570603600413.

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10

Waldron, Jeremy. "John Locke: Social Contract Versus Political Anthropology." Review of Politics 51, no. 1 (1989): 3–28. http://dx.doi.org/10.1017/s0034670500015837.

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In the Second Treatise, John Locke presents two stories about the development of political society: (1) the dramatic story of the state of nature and social contract; and (2) a more gradualist account of the evolution of political society “by an insensible change” out of the family group. The relation between these two accounts is analyzed in order to deal with familiar objections about the historical truth and internal consistency of contract theory. It is argued that Locke regarded story (2) as the historically accurate one, but that he believed historical events needed moral interpretation. Story (1) represents a moral framework or template to be used as a basis for understanding the implications — for political obligation and political legitimacy — of story (2). Even if the whole course of the evolution of political institutions out of prepolitical society cannot be seen as a single intentional or consensual process, still individual steps in that process can be analyzed and evaluated in contractualist terms. The task of political judgment is to infer the rights and obligations of politics from this representation of political development as an overlapping series of consensual events.

11

Bagchi, Aditi. "The political morality of convergence in contract." European Law Journal 24, no. 1 (January 2018): 36–56. http://dx.doi.org/10.1111/eulj.12228.

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12

Hunter, Cameron Oren. "A Quasi-Contract Theory of Political Obligation." Law and Philosophy 39, no. 1 (November 19, 2019): 93–118. http://dx.doi.org/10.1007/s10982-019-09364-4.

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13

Edwards, John C., and Steven J. Karau. "Psychological Contract or Social Contract? Development of the Employment Contracts Scale." Journal of Leadership & Organizational Studies 13, no. 3 (February 2007): 67–78. http://dx.doi.org/10.1177/10717919070130030601.

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14

Bekele, Henok Kebede. "Constitution as Social Contract in Contemporary Ethiopia: The Need to Re-construct Political Arrangements." Mizan Law Review 15, no. 1 (September 30, 2021): 41–72. http://dx.doi.org/10.4314/mlr.v15i1.2.

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Constitutions represent social contracts that accommodate subjective interests of groups within the framework of impersonal shared interests among citizens of the society at large. This article examines the contemporary social contract theory in relation to the constitutional making process in Ethiopia. The lawmaking process of Ethiopia’s 1995 Constitution does not fulfil the procedural legitimacy of social contract because important sections of the society were neglected. The institutions created by the FDRE Constitution denote the subjectivist approaches to social contract theory thereby ignoring the impersonal interests of the society. To accommodate both the subjective ends and impersonal interests of the society, the Constitution should be reconstructed in light of the dualist contemporary social contract theory. This article argues that Ethiopia's contracting actors should consider both the subjective and impersonal interests of society. The article examines the conditions that make constitution a social contract. It also discusses the controversies concerning Ethiopia's Constitution in light of the theory of social contract, and tries to show what the Constitution should fulfil as a social contract in contemporary Ethiopia.

15

Kalemaj, Eriseld. "Social Contract: Sovereign Contracted or Created? - Comparative Analysis Between T. Hobbes and S. Pufendorf." European Journal of Multidisciplinary Studies 4, no. 2 (January 21, 2017): 81. http://dx.doi.org/10.26417/ejms.v4i2.p81-89.

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This paper has in its focus the notion of 'Sovereign'. The discussion will be conducted within the "School of Natural Law", which we will focus on two representatives; Thomas Hobbes and Samuel Pufendorf. Through a comparative philosophical analysis, we are going to stop on the basics, the genesis of sovereign power. Political philosophy in the context of finding the source of sovereign power is a problem in the landmark of the unsolvable. ” Scool of Natural Law” referring to the natural condition has the solution to this problem. Compare lines will start from this premise, to know after, how the reason goas towards two different concepts of “Social Contract”. Contract which generates sovreigen person, it defines the nature and content of the power of this person. At this discourse, social contract as the core hub of transition, conversion to the state of nature in a civil context is rolling between the political and juridical character. Discussion, which essentially make us know the nature of the relationship between the Sovereign and members of society, sovereign and state, the member of society between each other. In other words, we will see how the political - legal forms of organization, the way of governing is determined by the nature of initial social contract

16

Liçenji, Anjeza, and Vitiana Pitaku. "A Comparative Analysis of Donation Contract in Albanian and Italian Contract Law." European Journal of Economics, Law and Social Sciences 8, no. 2 (June 1, 2024): 40–47. http://dx.doi.org/10.2478/ejels-2024-0008.

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Abstract The donation contract, as delineated in the Albanian Civil Code, symbolizes the altruistic and compassionate ethos upon which is founded. Its primary aim is to embody acts of generosity and selflessness, reflecting the donor’s relinquishment of ownership for the benefit of the recipient. The motivation behind entering this legal relationship is rooted in the donor’s desire to enhance the recipient’s assets, a sentiment essential for the contract’s efficacy. The transition in Albania’s political landscape has brought forth a new legislative ethos, prompting adaptations to legal provisions in alignment with contemporary requirements. As property relations evolve, influenced by political and historical shifts, so too does the donation contract. Addressing the challenges encountered in donation contracts, Albanian legal scholars have sought solutions that align with evolving social dynamics. While current legislation offers broader provisions for donation contracts compared to previous iterations, ambiguities persist. Thus, there’s a recognized need for enhancements and clarifications, achieved through comparative analysis of Albanian and Italian legislation on donations. This comparison aims to elucidate critical yet ambiguous aspects of donation contracts for readers and scholars. One such issue pertains to categorizing donations accurately, determining whether they stem from unilateral acts or real contracts. The Civil Code unequivocally designates donation as a contractual arrangement. Regarding the grounds for revoking donation contracts, Albanian law delineates only two cases wherein donors can revoke donations, in contrast to Italian law, which affords donors this right in numerous circumstances. Italian jurisprudence and the previous Albanian Civil Code, unlike the current one, recognize another ground for revocation: the birth of the donor’s children. This provision aims to safeguard donors who, had they known about impending births at the time of donation, might have reconsidered their decision.

17

Bradley, Arthur. "Deadly force: Contract, killing, sacrifice." Security Dialogue 50, no. 4 (May 14, 2019): 331–43. http://dx.doi.org/10.1177/0967010619843477.

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This article proposes a political prehistory of drone theory that traces its juridico-political evolution from the 17th century to the present day. To outline my argument, I construct a constellation between Hobbes’s theory of sovereign punishment in Leviathan and Chamayou’s critique of drone warfare in Drone Theory to illuminate the political origins of drone violence. First, I argue that Hobbes’s social contract theory lays the conceptual groundwork for Chamayou’s drone theory. Second, I contend that Hobbes’s theory of the sovereign punishment of domestic citizens preempts Chamayou’s critique of drone warfare against foreign enemies. Finally, I speculate that Hobbes’s theory of punishment is founded upon a sacrificial paradigm that returns in the phenomenon of domestic drone strikes. In summary, I argue that Hobbes might be something close to the first drone theorist insofar as his political theory systematically produces the state of exception between citizen and enemy in which the drone operates today. What, then, are the theoretical origins of drone warfare? How does the punishment of citizens prefigure drone warfare against foreign enemies? To what extent might even citizens themselves be a species of drone who may be activated by the sovereign at any point?

18

Mohamed, Jama. "Kinship and Contract in Somali Politics." Africa 77, no. 2 (May 2007): 226–49. http://dx.doi.org/10.3366/afr.2007.77.2.226.

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AbstractTraditional Somali politics was based on two dialectically related principles: kinship and contract (tol iyo xeer). Kinship was founded on the segmentary lineage system under which people traced their descent to common male ancestors. Agnates functioned as corporate political groups because they were blood relatives. But the blood relation was not sufficient to establish a political system. Agnates functioned as corporate political groups because they negotiated a social contract that defined the terms of their collective unity.

19

Lee, Chung-han. "Social Contract Theory and the Political Community - Focusing on Hegel’s Critique of Contract Theory -." Journal of Korean Philosophical Society 154 (May 31, 2020): 205–24. http://dx.doi.org/10.20293/jokps.2020.154.205.

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20

Gilbert, Margaret. "Reconsidering the “Actual Contract” Theory of Political Obligation." Ethics 109, no. 2 (January 1999): 236–60. http://dx.doi.org/10.1086/233895.

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21

Le Squeren, Zoe, and John Moore. "The Political Cycle of Public-Private Contract Renegotiations." Academy of Management Proceedings 2015, no. 1 (January 2015): 14612. http://dx.doi.org/10.5465/ambpp.2015.14612abstract.

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22

Baumgold, Deborah. "Hobbes’s and Locke’s Contract Theories: Political not Metaphysical." Critical Review of International Social and Political Philosophy 8, no. 3 (September 2005): 289–308. http://dx.doi.org/10.1080/13698230500187169.

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23

Sommers, Roseanna. "Contract Schemas." Annual Review of Law and Social Science 17, no. 1 (October 13, 2021): 293–308. http://dx.doi.org/10.1146/annurev-lawsocsci-040721-103558.

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This review draws on the notion of “contract schemas” to characterize what ordinary people think is happening when they enter into contractual arrangements. It proposes that contracts are schematically represented as written documents filled with impenetrable text containing hidden strings, which are routinely signed without comprehension. This cognitive template, activated whenever people encounter objects with these characteristic features, confers certain default assumptions, associations, and expectancies. A review of the literature suggests that contract schemas supply ( a) the assumption that terms will be enforced as written, ( b) the feeling that one is obligated to perform, and ( c) the sense that one has forfeited rights. Contract schemas should be of interest to legal scholars, because their psychological and behavioral effects often sit at odds with contract doctrine. Laypeople expect the law to find consent in situations where they would prefer it did not, and where it in fact does not. Contract schemas should also be of interest to ordinary consumers, who may find themselves relinquishing legally valid claims, erroneously assuming away rights, and/or blaming themselves. Future research should explore the consequences that flow from the lay perception that the law is rigidly formalistic to the detriment of fairness. Do such attitudes undermine the perceived moral authority of the law?

24

Arabi, Oussama. "Intention and Method in Sanhūrī's Fiqh: Cause as Ulterior Motive." Islamic Law and Society 4, no. 2 (1997): 200–223. http://dx.doi.org/10.1163/1568519972599824.

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AbstractIn his attempt to bring classical Islamic jurisprudence closer to the legal and judicial norms of modernity, the Egyptian master-jurist ʿAbd al-Razzāq al-Sanhūrī identified a structural similarity between the ḥanbalī doctrine of intention (nīya) in contracts and contemporary French law, which upholds the legal effect of the driving motive in validating or nullifying a contract. Sanhūrī demonstrated that the same pietist ethical dimension of the medieval Church-jurists' theory of subjective motivation, which is the historical source of modern French and Egyptian judicial practice, is also present in the Islamic legal tradition. Through a comparative and critical analysis of the major Sunnī law schools' doctrines of intention in contracts, Sanhūrī corrected Chehata's conclusions of 1936. It emerges that in contrast to ḥanafī and Shāfiʾi jurisprudence, which ignore ultimate motive when it is not apparent from the terms of the contract, ḥanbalī and Mālikī law stress the licitness of the subjective cause of the contract as a sine qua non condition for its validity.

25

Ratnikov, Maxim. "EVOLUTION OF THE MODERN AMERICAN SOCIAL CONTRACT." Politology bulletin, no. 91 (2023): 271–88. http://dx.doi.org/10.17721/2415-881x.2023.91.271-288.

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Part of the modern trends in the evolution of the social contract in the USA is disclosed in the article. The dynamics of development revolve around problematic issues: the role of the state in the economy, ways to eliminate economic inequality, racial discrimination, and religion. Each format of the social contract has its own ways of dealing with issues that do not have an easy answer: the «New Deal» delayed, the «neoliberal» contract did not avoid, and the «personal» social contract was guided by issues of the media conjuncture. The purpose of our article is to provide a brief overview of the evolution of the modern American social contract. To successfully achieve the goal set in the article, the works of exclusively English-speaking authors were used. The research is based on the principles of such methodological approaches as historical, sociological, comparative and some elements of static analysis. Political schemes are analyzed on the example of three social contracts of the USA. Each of them reflected unique approaches to political economy and social organization. The authors emphasize the tension and vulnerability of each social contract, which leads to a change in paradigms and the evolution of the political system. Such an analysis can be useful for understanding contemporary political, social, and cultural processes not only in the United States, but also in a global context.

26

Dr. Zekri Imene. "Contractual Equilibrium Mechanisms In The Implementation Phase Of Commercial Contracts: Contract Economics Confronting Contractual Equilibrium." Journal of Namibian Studies : History Politics Culture 40 (January 12, 2024): 541–64. http://dx.doi.org/10.59670/960pxp32.

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The contract is exposed to numerous circumstances and variables, whether financial, economic, or even political, which have repercussions resulting in contractual imbalance liable to cause economic disruptions for the contracting parties during the execution phase, especially in the context of electronic commercial contracts due to their digital and international nature. Hence, this study delves into the economic impacts encountered by the contract, thus seeking the legal mechanisms outlined by the legislator to address these unforeseen circumstances, thereby safeguarding contractual equilibrium so that the parties can execute the contract fairly for both sides. It is at this juncture that the theory of unforeseeability assume paramount importance, offering significant solutions, notably following their evolution on the legal and judicial fronts.

27

Robinson, Marc. "Contract Budgeting." Public Administration 78, no. 1 (January 2000): 75–90. http://dx.doi.org/10.1111/1467-9299.00193.

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28

Campos-Alba, Cristina M., Emilio J. de la Higuera-Molina, Gemma Pérez-López, and José L. Zafra-Gómez. "Explanatory factors in the renewal of contracts for the privatisation of public services." Journal of Strategic Contracting and Negotiation 3, no. 1 (March 2017): 3–19. http://dx.doi.org/10.1177/2055563617718386.

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After analysing the explanatory factors underlying the renewal of privatisation contracts, this paper examines the likelihood of local authorities renewing their contracts with private entities for the provision of public services, by studying a sample of 623 Spanish municipalities for the period 2002–2013, using a logit model. The type of service, the duration of the contract and certain political and economic factors were all found to influence the renewal or otherwise of this type of contract. Moreover, this effect differed between initial privatisation and subsequent contract renewal.

29

Micklitz, Hans-W. "Thoughts on Martijn W. Hesselink’s, Justifying Contract in Europe, Political Philosophies of European Contract Law." European Review of Private Law 30, Issue 2 (May 1, 2022): 373–86. http://dx.doi.org/10.54648/erpl2022018.

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30

England, Paula, Eileen Kenneda, and Carole Pateman. "The Sexual Contract." Contemporary Sociology 18, no. 4 (July 1989): 642. http://dx.doi.org/10.2307/2073154.

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31

Boucher, Joanne. "Male Power and Contract Theory: Hobbes and Locke in Carole Pateman's The Sexual Contract." Canadian Journal of Political Science 36, no. 1 (March 2003): 23–38. http://dx.doi.org/10.1017/s0008423903778524.

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This article critically analyzes Carole Pateman's novel and provocative reading of social contract theory in her now-classic work, The Sexual Contract. Pateman posits the existence of a sexual contract prior to the social contract which she argues has been suppressed in the tradition of Western political thought. The article indicates some of the potential weaknesses with constructing a gendered critique of contract theory through the lens of a sexual contract. The author specifically focuses on Pateman's re-interpretation of the patriarchalism of Hobbes and Locke to make this case.

32

Lomasky, Loren E. "CONTRACT, COVENANT, CONSTITUTION." Social Philosophy and Policy 28, no. 1 (November 30, 2010): 50–71. http://dx.doi.org/10.1017/s0265052510000051.

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AbstractContract is the dominant model for political philosophy's understanding of government grounded on the consent of the governed. However, there are at least five disabilities attached to classical social contract theory: (1) the grounding contract never actually occurred; (2) its provisions are vague and contestable; (3) the stringency of the obligation thereby established is dubious; (4) trans-generational consent is questionable; (5) interpretive methods for giving effect to the contract are ill-specified. By contrast, the biblical story of the covenant Israel embraces at Sinai is shown to be more adequately attentive to each of these five desiderata. The essay then focuses on the U.S. Constitution, arguing that in many ways it is more reflective of covenantal legitimating themes than those of social contract. The result is a promisingly different mode of understanding government by the consent of the governed.

33

Economides, Neophitos. "The Theory of Social Contract and Legitimacy Today." Mediterranean Journal of Social Sciences 9, no. 5 (September 1, 2018): 19–28. http://dx.doi.org/10.2478/mjss-2018-0135.

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Abstract The theory of social contract has played - and still plays - an important role in the central stage of political philosophy. The social contract answers the question of the origin of the society. The history of the theory originates in the ancient Greece political philosophy and extends to the recent years. However, the foundation of the theory resulted in the Renaissance period through the treatises of classical contractarians Hobbes, Locke and Rousseau. The manuscript describes the main arguments regarding the theory of social contract and suggests the main similarities and differences among them. Finally, the manuscript, according to the main description of the theories, suggests the main categorization of their results in legitimizing the political authority. In the final section, the article proposes the contribution of the theory of the social contract to the modern era and summarizes the positive aspects of its arguments to the legitimization of the political authority of modern states.

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Huang, F. "Contract Enforcement: A Political Economy Model of Legal Development." Journal of Law, Economics, and Organization 29, no. 4 (March 17, 2012): 835–70. http://dx.doi.org/10.1093/jleo/ews004.

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Grover, Robinson A. "Individualism, Absolutism, and Contract in Thomas Hobbes' Political Theory." Hobbes Studies 3, no. 1 (1990): 89–111. http://dx.doi.org/10.1163/187502590x00067.

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Zhu, Yun. "Political uncertainty and non-pricing terms of financial contract." Eurasian Economic Review 5, no. 1 (April 17, 2015): 77–109. http://dx.doi.org/10.1007/s40822-015-0021-x.

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Hamroyev, Shukhrat, and Aleksey Parfyonov. "Civil Contract as an Evidence in Avestan Criminal Procedure." SHS Web of Conferences 50 (2018): 01230. http://dx.doi.org/10.1051/shsconf/20185001230.

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The paper considers the statutory concept of the civil contract as a form of evidence used by the ancient Tajiks in Avestan court proceedings, particularly with regard to findings, typology and responsibility for violation of the contract in part of Vendidad. The history of contracts as a form of evidence in Avestan court proceedings is the key component of political and legal institutes within the historical development of Tajikistan, which was characterized by worldview, political and cultural values of the society in a certain era of its development. Therefore, the study of this main institute of criminal proceedings always remains relevant. The study provides the retrospective analysis of the contract as a form of evidence in Avestan court proceedings during the period of the Zoroastrian civilization. The study results in basic principles and ways of implementing the contract as a form of evidence in Avestan court proceedings.

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Proleiev, Sergii, and Victoria Shamrai. "The origins of the social contract’s idea and the Modern constructivism." Sententiae 10, no. 1 (December 11, 2023): 257–71. http://dx.doi.org/10.31649/sent10.01.257.

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The authors of the article aim to show the ideological and historical origins of the idea of a social contract, as well as the fundamental difference between the modern version of the social contract and its historical predecessors. By distinguishing between the synodal and contractual principles of integration, the authors conclude that the social contract is not a purely modern political idea. The contractual principle as the basis of the organization and legitimization of power was systematically developed already in the XIII-XIV centuries, taking the form of a socio-political program in the theory of the cathedral governance of the church. In contrast to medieval concepts, the modern social contract is not a consequence of God's established order, but the will of human individuals. Due to this determination of will, individuals limit their natural freedom for the sake of the possibility and good of common existence.

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Huixing, Liang. "On Contract Responsibility." Chinese Law & Government 18, no. 1 (April 1985): 35–49. http://dx.doi.org/10.2753/clg0009-4609180135.

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Jensen, Nathan M., and Noel P. Johnston. "Political Risk, Reputation, and the Resource Curse." Comparative Political Studies 44, no. 6 (May 16, 2011): 662–88. http://dx.doi.org/10.1177/0010414011401208.

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There is a growing literature on how natural resources affect both economic performance and political regimes. In this article the authors add to this literature by focusing on how natural resource wealth affects the incentives of governments to uphold contracts with foreign investors across all sectors. They argue that although all states suffer reputation costs from reneging on contracts, governments in natural-resource-dependent economies are less sensitive to these costs, leading to a greater probability of expropriation and contract disputes. Specifically, leaders weigh the benefits of reneging on contracts with investors against the reputation costs of openly violating agreements with firms. The authors’ theoretical model predicts a positive association between resource wealth and expropriation. Using a data set from the political risk insurance industry, the authors show that resource dependent economies have much higher levels of political risk.

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Akbar, Nabeila. "COVID-19: Socio-Political Transformation and Gadget Slavery." European Journal of Sociology 5, no. 1 (May 23, 2022): 37–44. http://dx.doi.org/10.47672/ejs.1039.

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Purpose: The purpose of this research paper is to describe, understand and interpret the experiences of human life during particular situation of COVID-19. Methodology: It is a study of a phenomenon and explores what people have experienced during COVID-19 crisis. Analytical and observational methods were used for the finding of this research. The data is collected from journals, article and books. The study focused on the formal structure of socio-political institution available and its transformation with acts of intentional consciousness. Findings: During Covid-19 transformation phenomenon, the leading and influential role was played by mobile phones that are influencing, controlling, guiding and monitoring the lives of individuals all over the world. This interaction, association and relation with the gadget will be established through a new contract theory at global level, and it is not a social contract theory. Unique contribution to theory, practice and policy: A new contract theory has been presented to describe emerging relationship of people with Gadget (cell phone). Consequently, a new contract, named ‘Socio-Gadget Contract’ between the Gadgets and the individuals, is an obligation. The current transformation phenomenon has appeared simultaneously all over the world, covering each state. So, it is unique as it has brought a uniform and symmetrical socio-political transformation globally. The physical environment, culture, social and political institutions, all have undergone this phenomenon.

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Verschoor, Marco. "The democratic boundary problem and social contract theory." European Journal of Political Theory 17, no. 1 (March 2, 2015): 3–22. http://dx.doi.org/10.1177/1474885115572922.

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How to demarcate the political units within which democracy will be practiced? Although recent years have witnessed a steadily increasing academic interest in this question concerning the boundary problem in democratic theory, social contract theory’s potential for solving it has largely been ignored. In fact, contract views are premised on the assumption of a given people and so presuppose what requires legitimization: the existence of a demarcated group of individuals materializing, as it were, from nowhere and whose members agree among themselves to establish a political order. In order to fill this gap in social contract theory, a distinction is made between three kinds of contract views: Lockean political voluntarism, contractarianism, and contractualism. Each of these views can be (re)interpreted in such a way that it offers a democratic solution to the boundary problem. Ultimately, however, a Rawlsian interpretation of the contractualist solution is defended.

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Pirvu, Daniela. "Corruption: Profile of political companies in Romania." Acta Oeconomica 65, s1 (December 2015): 65–82. http://dx.doi.org/10.1556/032.65.2015.s1.5.

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The subject of the paper is related to the tainting of the public contract award process and the consequences generated by it: corruption in public procurement, which is a major problem of the Romanian economy, recognised and pointed out both at the national and at the European level. The study provides empirical evidence that between 2009–2013 there were many companies that repeatedly win public procurement contracts and do business only (or almost only) with the local and central authorities (contracting authorities who represent the interests of political parties). At the theoretical level, the profile of these companies, called political companies, is identified.

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Podoksik, Efraim. "The contract of fallibility." Contemporary Political Theory 8, no. 4 (October 29, 2009): 394–414. http://dx.doi.org/10.1057/cpt.2009.5.

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Schulman, Alex. "Evolution’s republic: Groundwork for a biosocial contract." Social Science Information 53, no. 4 (August 12, 2014): 518–41. http://dx.doi.org/10.1177/0539018414540819.

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Are the concepts of the state of nature and the social contract still relevant for contemporary political theory? I argue that these ideas from early modern and Enlightenment political theory can be fruitfully reapplied via the data and methods of evolutionary biology. Alignment of evolutionary theory with social contract theory can answer the charge that Darwinism, however accurate its picture of the natural world or natural history, provides no defensible grounding for ethics or politics. The implications of the biosocial contract for political economy are far-reaching, with Rousseau’s insistence that ‘all have something and none has too much of anything’ gaining biological and evolutionary confirmation. Republicanism refracted through Darwinism telescopes freedom as non-domination back to the very biological origins of human politics. Such naturalization suggests translating the Rawlsian imperative to reconcile self-interest and social cooperation into the related Darwinian imperative to use the public sphere to end irrational and destructive arms races.

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Eva, Fabrizio. "The geopolitical role of China: Crouching tiger, hidden dragon." Ekistics and The New Habitat 70, no. 422/423 (December 1, 2003): 341–50. http://dx.doi.org/10.53910/26531313-e200370422/423262.

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The author is an annual contract professor at the University of Venice - Ca' Foscari, Treviso campus, Italy, with a course on Political and Economic Geography. Previously he had annual contracts at the Institute of Human Geography, State University of Milan with courses on Geopolitical Dynamics and Analyzing Methods. He is corresponding member of the IGU World Political Map Commission. He is a member of the editorial board of the international reviews Geography Research Forum, Geopolitics, and The Arab World Geographer. His academic interests include current geopolitical dynamics, international relations, borders and nation-state issues, ethnonationalisms, political and economic dynamics in Eastern Asia (particularly China and Japan), the geopolitical legacy of Elisée Reclus, Piotr Kropotkin and anarchic thought. Recent publications are: Cina e Giappone. Due modelli per il futuro dell' Asia (Turin, UTET Libreria, 2000); "La geografia politica," in M. Casari, G. Corna Pellegrini and F. Eva, Elementi di geografia economica e politica (Rome, Carocci, 2003). Personal Webpage: http://www.fabrizio-eva.info

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Maines, David R., and Joseph Palenski. "Reconstructive Legitimacy in Final Reports of Contract Research." Sociological Review 34, no. 3 (August 1986): 573–89. http://dx.doi.org/10.1111/j.1467-954x.1986.tb00689.x.

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It is argued that final reports of contract research firms are best understood as documents embedded in a political economy rather than as objective depictions of reality. That political economy gives rise to distortions of the research process in such reports we conceptualize as ‘reconstructive legitimacy’. That concept points to a set of structural conditions which induce contractors to gloss over problems and misrepresent research events. Reconstructive legitimacy functions to convey the image of these for-profit organizations as capable of delivering a viable and useful product to their sponsors. Implications of this manifestly political and economic process for policy research and formulation are discussed.

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Brown, Rachel H. "Thinking with the Intimacy Contract: Social Contract Critique and the Privatization of US Empire." Political Theory 48, no. 6 (January 24, 2020): 692–722. http://dx.doi.org/10.1177/0090591720901556.

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This essay considers how an “intimacy contract,” as a conceptual tool and a political reality, extends existing critiques of the social contract tradition by accounting for the privatized nature of the post-9/11 US empire. Examining critiques by Carole Pateman and Charles Mills, I argue that an intimacy contract uncovers the coercive power relations underlying neoliberal discourses of entrepreneurial freedom. Focusing on migrant labor on US military bases, I provide an overview of the racial, sexual, and settler contracts and the need to extend Mills’s and Pateman’s critiques of embodiment and spatiality. Next, I suggest how the intimacy contract generates a transnational, embodied account of the labors upholding US empire; a lens into the shifting significance of these labors under neoliberal imperialism; and a chronicling of desire and workers’ interests. In conclusion, I suggest how the intimacy contract exposes multiple resistances to US empire and neoliberal capitalism.

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Witting, Monique. "The social contract." Feminist Issues 10, no. 1 (March 1990): 11. http://dx.doi.org/10.1007/bf02686515.

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Schulze, Reiner. "Conclusion of contract." ERA Forum 6, no. 1 (January 2005): 26–35. http://dx.doi.org/10.1007/s12027-005-0005-5.

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