Search results for 'Contracts' (try it on Scholar)

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Bibliography: Contracts in Philosophy of Law
  1. Mark Douglas (2000). Integrative Social Contracts Theory: Hype Over Hypernorms. [REVIEW] Journal of Business Ethics 26 (2):101 - 110.score: 18.0
    Applying social contract theory to business ethics is a relatively new idea, and perhaps nobody has pursued this direction better than Thomas Donaldson and Thomas W. Dunfee. Their "Integrative Social Contracts Theory" manages to combine culturally sensitive decision making capacities with trans-cultural norms by setting up a layered system of social contracts. Lurking behind their work is a concern with the problems of relativism. They hope to alleviate these problems by introducing three concepts important to the ISCT: "authentic (...)
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  2. Thomas W. Dunfee (2006). A Critical Perspective of Integrative Social Contracts Theory: Recurring Criticisms and Next Generation Research Topics. [REVIEW] Journal of Business Ethics 68 (3):303 - 328.score: 18.0
    During the past ten years Integrative Social Contracts Theory (ISCT) has become part of the repertoire of specialized decision-oriented theories in the business ethics literature. The intention here is to (1)␣provide a brief overview of the structure and strengths of ISCT; (2) identify recurring themes in the extensive commentary on the theory including brief mention of how ISCT has been applied outside the business ethics literature; (3) describe where research appears to be headed; and (4) specify challenges faced by (...)
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  3. Mark Gosling & Heh Jason Huang (2009). The Fit Between Integrity and Integrative Social Contracts Theory. Journal of Business Ethics 90 (3):407 - 417.score: 18.0
    The concept of integrity appears in many arguments and theories in business ethics and organizational behavior where it plays multiple roles. It has been shown to have desirable organizational outcomes and is held as important by the academic and practitioner alike. Yet despite its prominence there are a variety of approaches to defining and conceptualizing it and little existent theory to explain its nature. We offer integrative social contracts theory (ISCT) as a framework that can anchor integrity in ethical (...)
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  4. Dirk Ulrich Gilbert & Michael Behnam (2009). Advancing Integrative Social Contracts Theory: A Habermasian Perspective. [REVIEW] Journal of Business Ethics 89 (2):215 - 234.score: 18.0
    We critically assess integrative social contracts theory (ISCT) and show that the concept particularly lacks of moral justification of substantive hypernorms. By drawing on Habermasian philosophy, in particular discourse ethics and its recent application in the theory of deliberative democracy , we further advance ISCT and show that social contracting in business ethics requires a well-justified procedural rather than a substantive focus for managing stakeholder relations. We also replace the monological concept of hypothetical thought experiments in ISCT by a (...)
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  5. Johan Wempe (2009). Industry and Chain Responsibilities and Integrative Social Contracts Theory. Journal of Business Ethics 88 (4):751 - 764.score: 18.0
    This article shows that business ethics is not capable of explaining the responsibility of limited organised collectives such as chains, sectors and industries. The responsibility of the pharmaceutical industry to make AIDS blockers available for patients in Africa is an example of such a sector responsibility. By using system theory, it is possible to understand responsibility at the level of a social system. The Integrative Social Contracts Theory has been extended to determine this system's responsibility.
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  6. Ben Wempe (2009). Extant Social Contracts and the Question of Business Ethics. Journal of Business Ethics 88 (4):741 - 750.score: 18.0
    ISCT arguably forms the most promising impetus to a contractarian theory of business ethics presently available. In this article, I want to pay tribute to the lasting significance of Dunfee's contribution to the field of business ethics by analyzing the vital role of the idea of extant social contracts (ESCs) in the conceptual set up of the ISCT project. The construct of ESCs can be shown to shape the problem statement from which the ISCT project proceeds – indeed it (...)
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  7. Luca Anderlini & Leonardo Felli (1999). Incomplete Contracts and Complexity Costs. Theory and Decision 46 (1):23-50.score: 18.0
    This paper investigates, in a simple risk-sharing framework, the extent to which the incompleteness of contracts could be attributed to the complexity costs associated with the writing and the implementation of contracts. We show that, given any measure of complexity in a very general class, it is possible to find simple contracting problems such that, when complexity costs are explicitly taken into account, the contracting parties optimally choose an incomplete contract which coincides with the ‘default’ division of surplus. (...)
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  8. Olaf Karitzki & Alexander Brink (2003). How Can We Act Morally in a Merger Process? A Stimulation Based on Implicit Contracts. Journal of Business Ethics 43 (1-2):137 - 152.score: 18.0
    The intention of the article is to offer stakeholders affected by mergers a criterion from which moral arguments may be generated for the organization of each individual case. The criterion: "Any operation causing legitimate interests to suffer vital infringement should be avoided in a merger process." A vital infringement of these interests is assumed when the merger undermines unique positive opportunities or considerable impairment in the future, impossible to overcome for the person affected without an unacceptable level of difficulty. Therefore, (...)
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  9. J. van Oosterhout & Pursey P. M. A. R. Heugens (2009). Extant Social Contracts in Global Business Regulation: Outline of a Research Agenda. [REVIEW] Journal of Business Ethics 88 (4):729-740.score: 18.0
    The notion of extant social contracts (ESC), which was the original contribution that Tom Dunfee provided to contractualist business ethics (CBE) and Integrated Social Contracts Theory (ISCT) more specifically, has commanded less research attention to date than one would expect based on its apparent empirical face validity and its disciplinary spanning potential. This article attempts to revive the ESC concept in both normative and positive research at the intersection of business, management, and ethics and law. After identifying three (...)
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  10. Tomas Bagdanskis & Rasa Macijauskienė (2012). Application of Different Types of Employment Contracts in Lithuania – Related Heoretical and Practical Problems. Jurisprudence 19 (1):249-267.score: 18.0
    The article discusses theoretical and practical issues one may face when applying various types of employment contracts, refers to specific legal relations governed by Labour Code standards, and raises issues that would help to solve the existing troubles. Last decades as globalization processes were gaining pace, and market economy conditions changed, labour and production organization models were undergoing transformation. The more complex people’s social relationships are, the greater is the need to regulate these relationships, i. e. to adopt legislation (...)
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  11. Yi-Chun Chen & Xiao Luo (2008). Delay in a Bargaining Game with Contracts. Theory and Decision 65 (4):339-353.score: 18.0
    In a multilateral bargaining game where a proposer and responders can set up a “principal–agent” relationship by means of binding cash-offer contracts, we show that there is a Markov SPE with a delay in reaching an agreement. We also show that all the individually rational and efficient payoffs can be supported by SPE.
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  12. Mohamed Gafsi, Geneviève Nguyen, Bruno Legagneux & Patrice Robin (2006). Sustainability and Multifunctionality in French Farms: Analysis of the Implementation of Territorial Farming Contracts. [REVIEW] Agriculture and Human Values 23 (4):463-475.score: 18.0
    Sustainable agriculture and ways to achieve it are important issues for agricultural policy. However, the concept of sustainability has yet to be made operational in many agricultural situations, and only a few studies so far have addressed the implementation process of sustainable agriculture. This paper provides an assessment of the Territorial Farming Contracts (TFC) – the French model for implementing sustainable agriculture – and aims to give some insights into the ways to facilitate the development of sustainable farming. Using (...)
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  13. Elizabeth Kingdom (2000). Cohabitation Contracts and the Democratization of Personal Relations. Feminist Legal Studies 8 (1):5-27.score: 18.0
    Feminist opposition to the use of cohabitationcontracts for the private regulation of personalrelations has been predicated on the classical readingof contract as commerce. On this reading,cohabitation contracts construct cohabitants'obligations as commercial and typically detrimental towomen because of their weaker bargaining power. Butthe premisses of classical contract theory are beingundermined by radical critiques which emphasize theimportance of relationality in the reading ofcontract. On such critiques, the obligationsconstructed by cohabitation contracts need no longerexclude considerations of the parties' differentfinancial status and (...)
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  14. Jeffery A. Thompson & David W. Hart (2006). Psychological Contracts: A Nano-Level Perspective on Social Contract Theory. [REVIEW] Journal of Business Ethics 68 (3):229 - 241.score: 16.0
    Social contract theory has been criticized as a “theory in search of application.” We argue that incorporating the nano, or individual, level of analysis into social contract inquiry will yield more descriptive theory. We draw upon the psychological contract perspective to address two critiques of social contract theory: its rigid macro-orientation and inattention to the process of contract formation. We demonstrate how a psychological contract approach offers practical insight into the impact of social contracting on day-to-day human interaction. We then (...)
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  15. Andrew Spicer (2009). The Normalization of Corrupt Business Practices: Implications for Integrative Social Contracts Theory (ISCT). [REVIEW] Journal of Business Ethics 88 (4):833 - 840.score: 15.0
    I propose that the emphasis on "authentic" norms in the ISCT literature does not encompass the possibility of community norms that facilitate and maintain corrupt behavior. To fill this gap, I build on the normalization of corruption literature to present a typology of community norms that distinguishes between authentic, behavioral, and aspirational norm types as well as between illegitimate, authentic norms and illegitimate, behavioral norms. By refining the terminology used to evaluate community norms, I propose that ISCT can be more (...)
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  16. Jesús Cardeñosa & Pilar Lasala (1996). ARPO-2: An Expert System for Legal Advice on the Breach of Building Contracts. [REVIEW] Artificial Intelligence and Law 4 (2):133-156.score: 15.0
    Although Berman and Hafner [Berman 1989, pp. 928–938] presented the possibility to adapt the model of reasoning of development of an expert system for medical diagnosis to the reasoning of a judge when he/she sentences criminals does not resemble the reasoning found in the decisions of physicians, mathematicians or statisticians.When a lawyer reasons, he/she not only looks for the solution of a case; he/she simultaneously looks for the bases on which his/her reasoning can rest [Galindo 1992, pp. 363–367]. That is (...)
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  17. Ruben Berrios (2006). Government Contracts and Contractor Behavior. Journal of Business Ethics 63 (2):119 - 130.score: 14.0
    The U.S. government embraces the concepts of privatization and market competition, but the realm of contracting shows that it has not always been able to put its principles into practice. Although the contracting system is supposed to be open and competitive, in recent years the government has often awarded contracts with little or no competitive bidding, has chosen to award mostly cost-plus type contracts that force the government to assume more of the risk, and lacked efficiency in monitoring (...)
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  18. Emily M. Weitzenböck (2004). Good Faith and Fair Dealing in Contracts Formed and Performed by Electronic Agents. Artificial Intelligence and Law 12 (1-2):83-110.score: 14.0
    The development of electronic agents that increasingly play an active role in the contract formation and execution process has highlighted the need for the creation of law-abiding autonomous agent systems. The principle of good faith is an important guideline for contractual behaviour which permeates civil law systems. This paper examines how this principle is applied both during the negotiation of a contract and during its performance. Selected examples from civil law literature of precontractual duties of good faith, and of precontractual (...)
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  19. Robert A. Phillips & Michael E. Johnson-Cramer (2006). Ties That Unwind: Dynamism in Integrative Social Contracts Theory. [REVIEW] Journal of Business Ethics 68 (3):283 - 302.score: 14.0
    Social contract theory offers a powerful method and metaphor for the study of organizational ethics. This paper considers the variant of the social contract that has arguably gained the most attention among business ethicists: integrative social contracts theory or ISCT [Donaldson and Dunfee: 1999, Ties That Bind (Harvard Business School Press, Boston)]. A core precept of ISCT - that consent to membership in an organization entails obligations to follow the norms of that organization, subject to the moral minimums of (...)
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  20. Bernd Theilen (2012). Decentralization of Contracts with Interim Side-Contracting. Theory and Decision 73 (4):561-590.score: 14.0
    This article gives a new explanation for the phenomenon of subcontracting. A model in which a principal contracts two agents who work in a sequence on a project, have soft information and can collude is considered. Side-contracts between agents can be signed at any stage of the game. It is shown that in this setting both a decentralized contracting structure, in which contracting of the agents at the initial production stage is delegated to the agent at the final (...)
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  21. Inga Kudinavičiūtė-Michailovienė (2011). Pecularities of Legal Regulation of Marriage Contracts. Jurisprudence 18 (1):143-159.score: 14.0
    Under the market economy, a contract serves as the main regulatory instrument of mutual rights and obligations of private law subjects. Many different types of contracts allow people to satisfy their needs and to achieve the desired results. Most contracts are concluded subject to established common criteria, yet almost every type of contract has also its own specifics. The article examines the marriage contract with its particular features (subjects, content, etc.) and analyses its complex nature and its main (...)
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  22. Aspassia Daskalopulu & Marek Sergot (1997). The Representation of Legal Contracts. AI and Society 11 (1-2):6-17.score: 14.0
    The paper outlines ongoing research on logic-based tools for the analysis and representation of legal contracts, of the kind frequently encountered in large-scale engineering projects and complex, long-term trading agreements. We consider both contract formation and contract performance, in each case identifying the representational issues and the prospects for providing automated support tools.
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  23. Edvardas Sinkevičius (2011). Determination of Insurable Interest in Cargo Insurance Contracts. Jurisprudence 18 (1):161-176.score: 14.0
    Within the context of the insurable interest in cargo insurance contracts, in this publication the writer analyses the theoretical aspects of the insurable interest and the relevant laws. Dealing with the problems of determining the insurable interest in cargo insurance contracts the writer has examined the possible options of insurance of the cargo in transit, and while analysing the law governing transport and the sale of goods he examines a person‘s insurable interest in the cargo insured and legal (...)
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  24. Brian Bix (2010). Contracts. In Franklin G. Miller & Alan Wertheimer (eds.), The Ethics of Consent: Theory and Practice. Oxford University Press.score: 12.0
    Consent, in terms of voluntary choice, is - or, at least, appears to be or purports to be - at the essence of contract law. Contract law, both in principle and in practice, is about allowing parties to enter arrangements on terms they choose - each party imposing obligations on itself in return for obligations another party has placed upon itself. This freedom of contract- an ideal by which there are obligations to the extent, but only to the extent, freely (...)
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  25. Timothy L. Fort (2000). A Review of Donaldson and Dunfee's Ties That Bind: A Social Contracts Approach to Business Ethics. [REVIEW] Journal of Business Ethics 28 (4):383 - 387.score: 12.0
    This article reviews Thomas Donaldson and Thomas Dunfee's new book Ties That Bind. The article argues that the book is a helpful elaboration of Donaldson and Dunfee's Integrative Social Contracts Approach, particularly with regard to their specification of hypernorms. The article also presents Donaldson and Dunfee's argument with regard to how the hypernorm of necessary social efficiency applies to bribery and raises questions about the extent to which human moral behavior might be hardwired.
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  26. Thomas J. Frecka (2008). Ethical Issues in Financial Reporting: Is Intentional Structuring of Lease Contracts to Avoid Capitalization Unethical? [REVIEW] Journal of Business Ethics 80 (1):45 - 59.score: 12.0
    Under present accounting rules, lessees frequently structure contracts for leased assets, in situations where they enjoy benefits similar to outright ownership, in a way that keeps both the leased assets and related liabilities off their books. This method of accounting creates off-balance sheet financing and is called operating lease accounting. The paper debates the ethicality of intentionally structuring lease contracts to avoid disclosing leased asset and liability amounts and describes the “slippery slope” of rule-based accounting for synthetic leases (...)
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  27. Bryan W. Husted (1999). A Critique of the Empirical Methods of Integrative Social Contracts Theory. Journal of Business Ethics 20 (3):227 - 235.score: 12.0
    Integrative social contracts theory (ISCT) uses empirical methods to develop guidelines for international business ethics. This article criticizes ISCT in terms of the way people actually think about contracts and agreements around the globe. Differences in orientations to communications context, moral reasoning, and institutional and structural conditions make the identification of authentic norms, hypernorms, and relevant communities problematic. The difficulties of the empirical methods suggest recourse to more traditional theoretical approaches for the identification of hypernorms as well as (...)
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  28. Lorenzo Sacconi (2006). A Social Contract Account for CSR as an Extended Model of Corporate Governance (I): Rational Bargaining and Justification. [REVIEW] Journal of Business Ethics 68 (3):259 - 281.score: 12.0
    This essay seeks to give a contractarian foundation to the concept of Corporate Social Responsibility (CSR), meant as an extended model of corporate governance of the firm. It focuses on justification according to the contractarian point of view (leaving compliance and implementation problems to a related article, [Sacconi 2004b, forthcoming in the Journal of Business Ethics]). It begins by providing a definition of CSR as an extended model of corporate governance, based on the fiduciary duties owed to all the firm’s (...)
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  29. Theo Van Willigenburg & Patrick J. J. Delaere (2005). Protecting Autonomy as Authenticity Using Ulysses Contracts. Journal of Medicine and Philosophy 30 (4):395 – 409.score: 12.0
    Pre-commitment directives or Ulysses contracts are often defended as instruments that may strengthen the autonomous self-control of episodically disordered psychiatric patients. Autonomy is understood in this context in terms of sovereignty ("governing" or "managing" oneself). After critically analyzing this idea of autonomy in the context of various forms of self-commitment and pre-commitment, we argue that what is at stake in using Ulysses contracts in psychiatry is not autonomy as sovereignty, but autonomy as authenticity. Pre-commitment directives do not function (...)
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  30. Simon Huttegger & Rory Smead (2011). Efficient Social Contracts and Group Selection. Biology and Philosophy 26 (4):517-531.score: 12.0
    We consider the Stag Hunt in terms of Maynard Smith’s famous Haystack model. In the Stag Hunt, contrary to the Prisoner’s Dilemma, there is a cooperative equilibrium besides the equilibrium where every player defects. This implies that in the Haystack model, where a population is partitioned into groups, groups playing the cooperative equilibrium tend to grow faster than those at the non-cooperative equilibrium. We determine under what conditions this leads to the takeover of the population by cooperators. Moreover, we compare (...)
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  31. Tom Walker (2012). Ulysses Contracts in Medicine. Law and Philosophy 31 (1):77-98.score: 12.0
    Ulysses contracts are a method by which one person binds himself by agreeing to be bound by others. In medicine such contracts have primarily been discussed as ways of treating people with episodic mental illnesses, where the features of the illness are such that they now judge that they will refuse treatment at the time it is needed. Enforcing Ulysses contracts in these circumstances would require medical professionals to override the express refusal of the patient at the (...)
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  32. Arun A. Iyer (2006). The Missing Dynamic: Corporations, Individuals and Contracts. [REVIEW] Journal of Business Ethics 67 (4):393 - 406.score: 12.0
    There are two opposing views on the nature of corporations in contemporary debates on corporate social responsibility. Opponents of corporate personhood hold that a corporation is nothing but a group of individuals coming together to achieve certain goals. On the other hand, the advocates of corporate personhood believe that corporations are persons in their own right existing over and above the individuals who comprise them. They talk of corporate decision-making structures that help translate individual decisions and actions into corporate decisions (...)
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  33. Ryan Spellecy (2003). Reviving Ulysses Contracts. Kennedy Institute of Ethics Journal 13 (4):373-392.score: 12.0
    : Ulysses contracts have faced paternalism objections since they first were proposed. Since the contracts are designed to override a present request from a legally competent patient in favor of a past request made by that patient, enforcement of these contracts was argued to be unjustifiable strong paternalism. Recent legal developments and new theories of practical reasoning suggest that the discussion of Ulysses contracts should be revived. This paper argues that with a proper understanding of the (...)
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  34. Harry J. Van Buren (2000). The Bindingness of Social and Psychological Contracts: Toward a Theory of Social Responsibility in Downsizing. Journal of Business Ethics 25 (3).score: 12.0
    Downsizing has become a significant public issue that has not yet been significantly studied by business ethicists. It is proposed that reasonable social and psychological contracts bound the moral free space of managers contemplating downsizing; the degree of constraint is also dependent on the organization's resource munificence. A framework for considering the extent of managerial moral free space and implications thereof for managerial practice are offered.
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  35. Alan Wertheimer (1992). Unconscionability and Contracts. Business Ethics Quarterly 2 (4):479-496.score: 12.0
    This article considers the principles that underlie the claim that some contracts are unconscionable and that such contracts should not be enforceable. It argues that it is much more difficult to explain unconscionability than is often supposed, particularly in cases where the contract is mutually advantageous or Pareto superior. Among other things, the article considers whether unconscionability is a defect in process or result, whether the gains in an unconscionable contract are disproportionate, whether there is a strong link (...)
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  36. Emad Abdel Rahim Dahiyat (2007). Intelligent Agents and Contracts: Is a Conceptual Rethink Imperative? [REVIEW] Artificial Intelligence and Law 15 (4):375-390.score: 12.0
    The emergence of intelligent software agents that operate autonomously with little or no human intervention has generated many doctrinal questions at a conceptual level and has challenged the traditional rules of contract especially those relating to the intention as an essential requirement of any contract conclusion. In this paper, we will try to explore some of these challenges, and shed light on the conflict between the traditional contract theory and the transactional practice in the case of using intelligent software agents. (...)
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  37. James Dempsey (2011). Pluralistic Business Ethics: The Significance and Justification of Moral Free Space in Integrative Social Contracts Theory. Business Ethics 20 (3):253-266.score: 12.0
    Integrative social contracts theory (ISCT) has been an influential theory in normative business ethics for well over a decade, drawing attention both as an object of criticism and as a source of inspiration. In this paper I argue that, despite this attention, the fact that it is a genuinely pluralistic theory, in the tradition of pluralistic theories of political philosophy, is often overlooked. It is in the notion of moral free space that this pluralism is most clearly expressed. This (...)
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  38. M. Cathleen Kaveny (2005). Between Example and Doctrine Contract Law and Common Morality. Journal of Religious Ethics 33 (4):669-695.score: 12.0
    In "Democracy and Tradition," Jeffrey Stout contends that American constitutional democracy constitutes a well-functioning moral and political tradition that is not hostile to religion, although it does not depend on any specifically religious claims. I argue that Stout's contention is supported by a consideration of the great common law subject of contracts, as taught to first-year law students across the United States. First, I demonstrate how contract law can fruitfully be understood as a Maclntyrean tradition. Second, I illustrate the (...)
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  39. Jacob T. Levy (2009). Not So Novus an Ordo: Constitutions Without Social Contracts. Political Theory 37 (2):191 - 217.score: 12.0
    Social contract theory imagines political societies as resting on a fundamental agreement, adopted at a discrete moment in hypothetical time, that binds individual persons together into a polity and sets fundamental rules regarding that polity's structure and powers. Written constitutions, adopted at real moments in historical time, dictating governmental structures, bounding governmental powers, and entrenching individual rights, look temptingly like social contracts reified. Yet something essential is lost in this slippage between social contract theory and the practice of constitutionalism. (...)
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  40. Brian Skyrms (2013). Natural Social Contracts. Biological Theory 8 (2):179-184.score: 12.0
    There are two fundamental problems for instituting a social contract. The first is cooperating to produce a surplus; the second is deciding how to divide this surplus. I represent each problem by a simple paradigm game, a Stag Hunt game for cooperating to produce a surplus, and a bargaining game for its division. I will discuss these simple games in isolation, and end by discussing their composition.
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  41. Egidijus Baranauskas & Paulius Zapolskis (2009). The Effect of Change in Circumstances on the Performance of Contract. Jurisprudence 118 (4):197-216.score: 12.0
    The authors of this article use systemic, comparative and historical methods to review the most representative legal systems – rench, English and German – and analyse how these legal systems deal with the effects of change in circumstances on the performance of a contract. The authors also discuss solutions adopted by scholar groups working on supranational contract law (soft law) instruments, namely, UNIDROIT Principles of International Commercial Contracts and Principles of European Contract Law, stressing that these sets of principles (...)
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  42. Rick Bigwood (2005). Contracts by Unfair Advantage: From Exploitation to Transactional Neglect. Oxford Journal of Legal Studies 25 (1):65-96.score: 12.0
    This article aims to effectuate a paradigm shift in the way we view cases involving pure advantage-taking in contract formation. By ‘pure advantage-taking’ it is meant that D in some sense took ‘unfair advantage of’ a special bargaining weakness or vulnerability that D found ‘ready-made’ in P: D neither caused P’s relevant weakness or vulnerability nor otherwise was legally responsible for relieving it.Certain undue influence and unconscionable dealing cases (for example) fit this scenario perfectly, yet senior Commonwealth courts consistently assert (...)
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  43. Daniel Z. Buchman & Anita Ho (forthcoming). What's Trust Got to Do with It? Revisiting Opioid Contracts. Journal of Medical Ethics:2013-101320.score: 12.0
    Prescription opioid abuse (POA) is an escalating clinical and public health problem. Physician worries about iatrogenic addiction and whether patients are ‘drug seeking’, ‘abusing’ and ‘diverting’ prescription opioids exist against a backdrop of professional and legal consequences of prescribing that have created a climate of distrust in chronic pain management. One attempt to circumvent these worries is the use of opioid contracts that outline conditions patients must agree to in order to receive opioids. Opioid contracts have received some (...)
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  44. S. Jayasinghe (2009). Contracts to Devolve Health Services in Fragile States and Developing Countries: Do Ethics Matter? Journal of Medical Ethics 35 (9):552-557.score: 12.0
    Fragile states and developing countries increasingly contract out health services to non-state providers (NSPs) (such as non-governmental organisations, voluntary sector and private sector). The paper identifies ethical issues when contracts involve devolution of health services to NSPs and proposes procedures to prevent or resolve these ethical dilemmas. Ethical issues were identified by examining processes of contracting out. Health needs could be used to select areas to be contracted out and to identify service needs. Health needs comprise “disease-burden-related needs”, “health-service (...)
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  45. Michael Lavin (1986). Ulysses Contracts. Journal of Applied Philosophy 3 (1):89-101.score: 12.0
    ‘Ulysses contracts’ are an instrument through which a psychiatric patient may prearrange involuntary commitments to be put into effect if the patient satisfies certain diagnostic criteria in the future. Proposals for Ulysses contracts typically impose numerous safeguards. This paper argues against the intuitively plausible safeguard which permits only presently remitted patients to contract. Instead of requiring a patient's remission, it is argued that the appropriate safeguard is the patient's ability, whether remitted or not, to offer good reasons for (...)
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  46. Simon Gardner (1987). Equity, Estate Contracts and the Judicature Acts: Walsh V Lonsdale Revisited. Oxford Journal of Legal Studies 7 (1):60-103.score: 12.0
    This study examines the apparently well-established rule that the equitable doctrine of conversion operates on a contract to grant an interest only so long as it is specifically enforceable. It observes that in principle and in practice there is good reason to believe this not to be the case. It looks at the original culture of conversion, in terms of the historical relationship of property and contract from which it emerged, but suggests that the specific enforceability rule first arose out (...)
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  47. Henk Zeevat, Contracts in the Common Ground.score: 12.0
    The paper explores the introduction of contracts in the common ground by means of requests, promises and questions. Various modal operators are introduced to achieve the modelling of these new additions to the conversational record. The paper extends the treatment of Zeevat 97 and introduces the beginnings of a theory of action.
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  48. Thomas W. Dunfee (1995). Introduction to the Special Issue on Social Contracts and Business Ethics. Business Ethics Quarterly 5 (2):167-171.score: 12.0
    This article introduces several papers on social contracts and business ethics, published in the April 2005 issue of the journal "Business Ethics Quarterly.".
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  49. Tony L. Farrow & Anthony J. O'Brien (2003). 'No-Suicide Contracts' and Informed Consent: An Analysis of Ethical Issues. Nursing Ethics 10 (2):199-207.score: 12.0
    The ‘no-suicide contract’ is a frequently utilized tool in both the assessment and dispersal of suicidal patients. However, little attention has been given to questioning whether suicidal persons are able to give informed consent to enter such a contract. This article utilizes both the existing literature on no-suicide contracts and the results of recent research into the effects of this tool, to examine whether its use is consistent with the legal and ethical doctrine of informed consent. Particular attention is (...)
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  50. Virginia Gerde & R. Spencer Foster (2006). Political Contributions and Defense Contractors, and No-Bid Contracts. Proceedings of the International Association for Business and Society 17:215-220.score: 12.0
    What role do political campaign contributions make in generating and maintaining political capital? Are no-bid contracts awarded to more influential defensecontractors? We explore these questions by conducting a social network analysis of defense contractors and their political campaign contributions to U.S. Representatives and Senators. Using a model of political capital from Rehbein, Schuler, and Doh (2005), we operationalize network ties in terms of political contributions and the relative influence of legislators and defense contractors.
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