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Edited by
Marietta Auer, Max Planck Institute for Legal History and Legal Theory,Paul B. Miller, University of Notre Dame, Indiana,Henry E. Smith, Harvard Law School, Massachusetts,James Toomey, University of Iowa
The aim of this chapter is to explore different possible ways of thinking about the connection between the nature of contractual agreements and the rich array of notions that comprise the structure of contract formation. It starts from one axiom regarding the nature of contracts: contractual obligations and rights are necessarily brought about by both parties’ assents (the ‘Necessity of Agreement’ axiom or ‘NOA’). It is maintained that if we adopt NOA, there are at least two different mechanisms by which contracting agents may form a contractual agreement. One is well known to anyone familiar with modern contract law: ‘offer and acceptance’. The other has been interestingly neglected by most contract lawyers and theorists: ‘contractual subscription’. The notion of contractual subscription is developed, and then discussion of the concepts of offer and acceptance. Drawing on Reinach’s idea of a ‘social act’, an account of ‘juridical acts’ is provided. Juridical acts, it is argued, are a type of social act, and contractual offers are a type of juridical act. Finally, the role of another important notion in contract formation is analyzed, that of a ‘promise’. Contrary to several contemporary writers, it is held that the act of making a promise, in its elementary form at least, is neither necessary nor sufficient for the formation of a contract. The chapter concludes by offering a thesis regarding the connection between NOA and morality of contractual enforcement.
The purity of the Israelite tent had a direct relationship to the purity of God’s tent, or the tabernacle. Understanding purity is critical to understanding Leviticus’ theology of holiness and holy space. This chapter discusses the difference between moral and ethical purity as well as the dietary laws and other commands for Israel around maintaining their holiness.
The first empirical chapter (Chapter 4) tests the proposition that partisanship in electoral autocracies is a unique social identity. After demonstrating the difference in political communications between ruling parties and opposition parties in electoral autocracies, the foundation of partisan divides is illustrated using data from an original survey fielded in Cameroon. The data from Cameroon is also used to illustrate the nature of in-group preferencing and out-group animus predicated on partisan identities. The second half of the chapter uses World Values Survey data to illustrate two key points. First, these political divides are not unique to Cameroon but are a structural feature of partisanship across electoral autocracies from Bangladesh to Venezuela. Second, though this divide is not unique to Cameroon, it is unique to electoral autocracies.
Critical thinking (CT) is essential in education, the workplace, and everyday life, yet many struggle to understand or apply it effectively. This book breaks down the 'what, how, and when' of CT in a clear, accessible way, making it practical for readers from all walks of life. Drawing on over fifteen years of researching CT, Dwyer presents accessible evidence-based lessons and strategies for using CT in real-world situations, helping readers navigate the overwhelming flood of information we face daily. Written in an informal, engaging tone, this book makes CT approachable for anyone looking to improve their decision-making skills.
Do parties respond to inequality? Despite the relevance of inequality and its consequences, existing studies fail to capture parties’ emphasis on economic equality and redistribution or to differentiate between existing levels of inequality and increases in inequality. Based on 850,000 party statements from 12 (Organisation for Economic Co-operation and Development) countries (1970–2020), we introduce a crowd-coded dataset that allows us to distinguish positive references to economic equality and redistribution from upward-trending equal-rights/anti-discrimination rhetoric. We show that responses found in previous studies do not capture economic equality and redistribution. In reassessing the impact of inequality, we argue that low visibility, status quo bias, and turnout effects discourage party responses to high inequality levels, while rising inequality poses a visible status quo change and a threat that left parties respond to. We find that left parties respond to inequality increases (except less tangible gains among the most affluent) but not to (high) inequality levels. This helps to understand why inequality is not self-correcting.
Edited by
Marietta Auer, Max Planck Institute for Legal History and Legal Theory,Paul B. Miller, University of Notre Dame, Indiana,Henry E. Smith, Harvard Law School, Massachusetts,James Toomey, University of Iowa
The chapter compares the two remarkably similar and yet importantly different theories of promises, developed by Adolf Reinach and Margaret Gilbert, respectively. Margaret Gilbert claims that promises can be explained in terms of joint commitments borne by the promisor and the promisee to the decision that the promisor will φ. On this view, the promisor’s obligation and the promisee’s claim are grounded in the commitment they have jointly entered. By contrast, Adolf Reinach submits that promises do not have substantial explanation and that they generate promissory obligation and claim in virtue of their nature. By using insights from Reinach’s theory, this paper argues that Gilbert’s account of promises is to be rejected and suggests abandoning the idea that progress in our understanding of promises requires submitting them to substantial explanations.
Contributing to a growing interest in disability in political science, this article makes the case for the central role of disability in upholding the belief in work as requisite for full citizenship. Turning to the nineteenth and early twentieth centuries, it shows how disability and the figure of the disabled worker were used to fortify emergent understandings of work against the changes wrought by industrial capitalism. Focusing on three sites of disabled labor—the school-based workshop, custodial institution, and industrial factory—it reveals the crucial ideological work performed by disability in sustaining the myth of the independent worker-citizen. Where existing scholarship has focused on disability either as an identity category or as a target of rights and policy, this article models an alternative approach, arguing for the relevance of disability as a concept that is integral to, and productive of, the ways we understand citizenship and political belonging.
Prior to 1953 the University had very little on Africa, but with the establishment of the African Research and Studies Program systematic buying was begun for books and periodicals later for government documents. As of June 1958, there were about 4,187 books (monographs) and 1,803 serial titles. Of these latter, 108 are periodicals; the remainder are society publications and government documents. In addition, there are twenty-seven newspaper subscriptions covering all parts of the continent save for North Africa. We have 142 linear feet of documents.
Malacological surveys were conducted in 2021 in the Kimpese region of Central Kongo Province, west of the Democratic Republic of Congo (DRC). Snail specimens were collected following a standardised protocol, identified using morphological and molecular methods, and tested for schistosome infection using a diagnostic PCR assay. Positive snail samples were sequenced to characterise the infecting schistosome species. Partial mitochondrial cytochrome c oxidase subunit 1 (COX1) gene sequences were used in phylogenetic analyses to explore the evolutionary position of these snail species within the broader African context. At least four intermediate snail hosts were identified: Bulinus truncatus, Bulinus forskalii, Biomphalaria pfeifferi, and a Biomphalaria species belonging to the Nilotic species complex (tentatively named Biomphalaria cf sudanica), of which the species identity needs to be confirmed. A total of 37 out of 1,196 snails (3.1%) tested positive for schistosome infection, with an infection prevalence of 7.4% for B. truncatus with Schistosoma haematobium and 1.5% for Biomphalaria spp. with Schistosoma mansoni. The S. mansoni sequence retrieved from these samples formed a basal clade relative to Zambian isolates, whereas S. haematobium grouped with the most frequently characterised haplotype cluster previously identified across mainland Africa. It is important to note that no animal schistosome species were identified in this study. Both the sequences from the snail hosts and the parasites represent novel contributions from the DRC. Additionally, the findings update the current knowledge of schistosomiasis transmission in the Kimpese region by providing insight into the phylogenetic placement, species diversity, and infection status of local snail populations.
The Feyerabend lectures on natural right is Kant’s first clear statement of a view on punishment that balances retributivist and deterrence concerns. Kant’s earlier views, shown by other course lectures on ethics, were largely focused on deterrence. As Kant developed his view of human autonomy, he shifted his reasoning about punishment to include concern for the honor and dignity of the victim as well as the criminal, including right of criminals to be treated no worse than they treated others.
I had originally planned to focus on some of the more important aspects of race and ethnicity in Africa south of the Sahara, with particular reference to tensions and conflicts operative within the emergent social and political systems. I soon the realized, however, that the subject was far too complex for brief presentation, at least the kind of brevity ritualistically mandatory on this ceremonial occasion. I decided, consequently, to concentrate on one aspect of the complex cited, namely, the problems and prospects of the white man, particularly as settler, in the revolutionary Africa of today. Obviously, this grand theme, given all the imponderables involved, can only be touched upon lightly and is not easily susceptible to “scientific” treatment. I shall do my best, however, in handling this value-laden problem to observe the procedures and the folkways of objective analysis.
Drawing on four historical case studies, this chapter develops a picture of the paths toward civil service reform by interrogating the motivations of reformers, searching for clues as to whether they believed the merit system to be a democratizing reform or not. The first part of the chapter thus trains its sights on the period prior to reform in the United States and the United Kingdom. Whether reformers achieved their goals is a separate question. The second part of this chapter thus focuses on the distributional and representational consequences of civil service reform, looking at two different cases: China and India. In China, the merit system introduced during the seventh century was, in comparison to what preceded it, a democratizing reform, enabling ambitious office-seekers from regional hinterlands to share in power. India's brief interlude with unmediated meritocratic recruitment while under British colonial rule, meanwhile, was not democratizing and was ultimately criticized for effectively shutting the door to government representation among the less well-to-do.