Concept of Good Faith in Domestic Laws – To Debrief the Common Understanding

2020 ◽  
Author(s):  
OM PRAKASH GAUTAM
Keyword(s):  
Good Faith ◽  
The Common ◽  
Common Understanding

scholarly journals An Early European Critic of Hobbes’s De Corpore

2017 ◽  
Vol 30 (1) ◽  
pp. 4-27 ◽  
Author(s):  
Stephen Clucas
Keyword(s):  
Natural Philosophy ◽  
Critical Reception ◽  
Human Being ◽  
The Common ◽  
The Creation ◽  
Common Understanding ◽  
Previous Scholarship ◽  
Philosophical Underpinning ◽  
Scholastic Tradition

The Animadversiones in Elementorum Philosophiae by a little known Flemish scholar G. Moranus, published in Brussels in 1655 was an early European response to Hobbes’s De Corpore. Although it is has been referred to by various Hobbes scholars, such as Noel Malcolm, Doug Jesseph, and Alexander Bird it has been little studied. Previous scholarship has tended to focus on the mathematical criticisms of André Tacquet which Moranus included in the form of a letter in his volume. Moranus’s philosophical objections to Hobbes’s natural philosophy offer a fascinating picture of the critical reception of Hobbes’s work by a religious writer trained in the late Scholastic tradition. Moranus’s opening criticism clearly shows that he is unhappy with Hobbes’s exclusion of the divine and the immaterial from natural philosophy. He asks what authority Hobbes has for breaking with the common understanding of philosophy, as defined by Cicero ‘the knowledge of things human and divine’. He also offers natural philosophical and theological criticisms of Hobbes for overlooking the generation of things involved in the Creation. He also attacks the natural philosophical underpinning of Hobbes’s civil philosophy. In this paper I look at a number of philosophical topics which Moranus criticised in Hobbes’s work, including his mechanical psychology, his theory of imaginary space, his use of the concept of accidents, his blurring of the distinction between the human being and the animal, and his theories of motion. Moranus’s criticisms, which are a mixture of philosophical and theological objections, gives us some clear indications of what made Hobbes’ natural philosophy controversial amongst his contemporaries, and sheds new light on the early continental reception of Hobbes’s work.

The Coalition's Plan to Regulate Industrial Relations

1993 ◽  
Vol 4 (1) ◽  
pp. 1-26 ◽  
Author(s):  
Braham Dabscheck
Keyword(s):  
Common Law ◽  
Industrial Relations ◽  
Good Faith ◽  
The Common ◽  
Industrial Conflict ◽  
The Law

In October 1992 the federal coalition released Jobsback, a statement of its industrial relations policies. The article situates Jobsback in the context of the evolution of the coalition's industrial relations policies since the Fraser years, outlines its major features, and provides a critique. Jobsback erects a new regulatory schema under a banner of deregulation. Three key elements are contained in Jobsback. They are tribunal avoidance and the use of the common law, legislatively imposed employment rules to ‘aid’ the transition from an award to a non-award system, and enterprise confinement. The article draws attention to the coalition's views concerning industrial conflict, constitutional issues, transitional problems associated with establishing legislatively imposed workplace rules, minima in workplace agreements, the Office of the Employee Advocate, equality before the law and good faith bargaining.

Marriage and Sexual Relations in the New Testament World

2014 ◽  
Author(s):  
William Loader
Keyword(s):  
Roman Society ◽  
Greco Roman ◽  
The Social ◽  
The New Testament ◽  
The Common ◽  
The Many ◽  
Marital Sex ◽  
The Impact ◽  
Common Understanding

After a brief overview of the social context and role of marriage and sexuality in Jewish and Greco-Roman cultures, the chapter traces the impact of the Genesis creation narratives, positively and negatively, on how marriage and sexuality were seen both in the present and in depictions of hope for the future. Discussion of pre-marital sex, incest, intermarriage, polygyny, divorce, adultery, and passions follows. It then turns to Jesus’ reported response to divorce, arguing that the prohibition sayings should be read as assuming that sexual intercourse both effects permanent union and severs previous unions, thus making divorce after adultery mandatory, the common understanding and legal requirement in both Jewish and Greco-Roman society of the time. It concludes by noting both the positive appreciation of sex and marriage, grounded in belief that they are God’s creation, and the many dire warnings against sexual wrongdoing, including adulterous attitudes and uncontrolled passions.

scholarly journals GOOD FAITH IN FRANCHISE CONTRACT

2020 ◽  
Vol 5 (19) ◽  
pp. 118-127
Author(s):  
Nurli Yaacob ◽  
Nasri Naiimi
Keyword(s):  
Common Law ◽  
Good Faith ◽  
Relational Contracts ◽  
Law System ◽  
Freedom Of Contract ◽  
Term Contract ◽  
The Common ◽  
Definition Of ◽  
The Right

Good faith has been defined as justice, fairness, reasonableness, decency, taking no chances, and so on. The concept of good faith has long been rooted in contract law under the jurisdiction of Civil law, although the definition of it is still debated until today. However, the view of the Common Law tradition does not recognize the concept of good faith as long as the contract is entered into with the freedom of contract and both parties abide by the terms of the contract. Given that a franchise contract involves a long-term contract and always been developed, it is impossible to define both rights and responsibilities base on express terms only. As such, the franchise contract gives the franchisor the right to exercise its discretion in executing the contract. It is in this context that the element of good faith is very important to ensure that the franchisor does not take advantage of the franchisee and that the business continues to prosper. Therefore, the objective of this article is to discuss the concept of good faith in a franchise contract. The findings show that the common law system that initially rejected the application of the concept of good faith also changed its approach and began to recognize the concept of good faith as it is very important for relational contracts such as franchise contracts.

scholarly journals Chances of education in the global world

2020 ◽  
Vol 25 (2) ◽  
pp. 35-55
Author(s):  
Serhiy Viktorovych Proleiev
Keyword(s):  
Personality Development ◽  
Self Determination ◽  
Sociocultural Context ◽  
Current State ◽  
Educational Task ◽  
The Common ◽  
Global World ◽  
Characteristic Trend ◽  
Common Understanding ◽  
Historical Nature

The article considers the challenge to the educational system, which arises from the sociocultural context and the conditions of the global world. The emphasis is on the cultural and historical nature of the emergence and development of the institution of education. The specifics of its current state consists in the transition from the state of "universal education" characteristic of the modern time to the localization of education in specialized groups and communities as a characteristic trend of global reality (the phenomenon of "educational archipelago"). In these conditions, school education receives a special purpose. It becomes a prerequisite for an individual’s ability to self-determination in a changing world devoid of objective unity. Accordingly, giftedness as a potential for personality development comes to the fore. The shortcomings of the common understanding of giftedness are analyzed, its relationship with the essence of man is shown. The meaning of giftedness as a negative and positive educational task is revealed. The most important result of the development of giftedness in the school is the discovery by the student of his vocation. In the form of a vocation, a person opens the semantic perspective of his life and determines the scenario of life in an adult state.

Digital File Formats for Digital Preservation

2018 ◽  
pp. 218-233
Author(s):  
Mayank Yuvaraj
Keyword(s):  
Digital Libraries ◽  
Digital Preservation ◽  
Institutional Repository ◽  
File Format ◽  
Institutional Repositories ◽  
File Formats ◽  
Digital File ◽  
The Common ◽  
Common Understanding

During the course of planning an institutional repository, digital library collections or digital preservation service it is inevitable to draft file format policies in order to ensure long term digital preservation, its accessibility and compatibility. Sincere efforts have been made to encourage the adoption of standard formats yet the digital preservation policies vary from library to library. The present paper is based against this background to present the digital preservation community with a common understanding of the common file formats used in the digital libraries or institutional repositories. The paper discusses both open and proprietary file formats for several media.

Data Warehouse Maintenance, Evolution and Versioning

2010 ◽  
pp. 171-188 ◽  
Author(s):  
Johann Eder ◽  
Karl Wiggisser
Keyword(s):  
Decision Support ◽  
Data Warehouse ◽  
Building Blocks ◽  
Data Warehouses ◽  
Master Data ◽  
Analytical Processing ◽  
The Common ◽  
Instance Analysis ◽  
Transactional Data ◽  
Common Understanding

Data Warehouses typically are building blocks of decision support systems in companies and public administration. The data contained in a data warehouse is analyzed by means of OnLine Analytical Processing tools, which provide sophisticated features for aggregating and comparing data. Decision support applications depend on the reliability and accuracy of the contained data. Typically, a data warehouse does not only comprise the current snapshot data but also historical data to enable, for instance, analysis over several years. And, as we live in a changing world, one criterion for the reliability and accuracy of the results of such long period queries is their comparability. Whereas data warehouse systems are well prepared for changes in the transactional data, they are, surprisingly, not able to deal with changes in the master data. Nonetheless, such changes do frequently occur. The crucial point for supporting changes is, first of all, being aware of their existence. Second, once you know that a change took place, it is important to know which change (i.e., knowing about differences between versions and relations between the elements of different versions). For data warehouses this means that changes are identified and represented, validity of data and structures are recorded and this knowledge is used for computing correct results for OLAP queries. This chapter is intended to motivate the need for powerful maintenance mechanisms for data warehouse cubes. It presents some basic terms and definitions for the common understanding and introduces the different aspects of data warehouse maintenance. Furthermore, several approaches addressing the problem are presented and classified by their capabilities.

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