scholarly journals A Pragmatist’s View of Promissory Law with a Focus on Consent and Reliance

2017 ◽  
Author(s):  
Robert A. Hillman
Keyword(s):  
Contract Theory ◽  
Contract Law ◽  
Normative Theory ◽  
Integrative Theory ◽  
Comprehensive Account ◽  
Normative Foundation ◽  
Excellent Work ◽  
The Subject ◽  
The Many

This article discusses Professor Nate Oman's excellent new book, "The Dignity of Commerce," which makes an impressive case for how markets can produce "desirable" outcomes for society. In addition to a comprehensive account of what he calls "virtues" of markets, such as their tendency to produce cooperation, trust, and wealth, the book is full of useful and persuasive supporting information and discussions.Oman is not only a fan of markets, but he asserts that markets are the "center" of contract theory, and provide its normative foundation. Elaborating, Oman concludes that "contract law exists primarily to support markets" and that "contracts are valuable because they facilitate commerce and extend the reach of markets. It is their beneficial consequences that justify the enforcement of contracts."The article focuses on two of the many important issues generated by Oman's thesis. First, has Oman done enough to convince that markets are what he calls the "centerpiece" of contract law? Second, does his effort to present what is essentially a unitary normative theory of contract handcuff his analysis of particular contract issues and doctrines? I will argue that markets are important and contract law should and does play an important role in supporting markets. However, we should not demote other visions of contract law, but see them all as important ingredients in understanding the subject. By largely espousing a unitary, integrative theory of contract law, Oman may have boxed himself into a corner that leads to a few debatable propositions, including with respect to consent to boilerplate and reliance on promises, which the article takes up in some detail.The article concludes that "The Dignity of Commerce" makes a solid case for the importance and virtues of markets and is rich in discussion and detail. As with any excellent work, it makes the reader ponder accepted wisdom and adds to the reader's perspective. Further, in making his case for markets, Oman does an excellent job of introducing, discussing and debunking many counterarguments. My effort in this article is only to reflect on whether the market argument really can capture the entire contract-law field.

The future role of the psychiatrist in Europe – a UEMS perspective

2014 ◽  
Vol 11 (01) ◽  
pp. 35-42
Author(s):  
M. Hermans
Keyword(s):  
Mental Health ◽  
Mental Health Professionals ◽  
Health Professionals ◽  
General Interest ◽  
Future Role ◽  
Personal Opinion ◽  
The Future ◽  
The Subject ◽  
The Many

SummaryThe author presents his personal opinion inviting to discussion on the possible future role of psychiatrists. His view is based upon the many contacts with psychiatrists all over Europe, academicians and everyday professionals, as well as the familiarity with the literature. The list of papers referred to is based upon (1) the general interest concerning the subject when representing ideas also worded elsewhere, (2) the accessibility to psychiatrists and mental health professionals in Germany, (3) being costless downloadable for non-subscribers and (4) for some geographic aspects (e.g. Belgium, Spain, Sweden) and the latest scientific issues, addressing some authors directly.

‘More, I prithee, more’: Melancholy, Musical Appetite and Medical Discourse in Shakespeare’s Twelfth Night

2018 ◽  
Author(s):  
Pierre Iselin
Keyword(s):  
Early Modern ◽  
Early Modern England ◽  
Medical Discourse ◽  
Modern Music ◽  
Twelfth Night ◽  
The Tempest ◽  
Dramatic Text ◽  
Musical Event ◽  
The Subject ◽  
The Many

Pierre Iselin broaches the subject of early modern music and aims at contextualising Twelfth Night, one of Shakespeare’s most musical comedies, within the polyphony of discourses—medical, political, poetic, religious and otherwise—on appetite, music and melancholy, which circulated in early modern England. Iselin examines how these discourses interact with what the play says on music in the many commentaries contained in the dramatic text, and what music itself says in terms of the play’s poetics. Its abundant music is considered not only as ‘incidental,’ but as a sort of meta-commentary on the drama and the limits of comedy. Pinned against contemporary contexts, Twelfth Night is therefore regarded as experimenting with an aural perspective and as a play in which the genre and mode of the song, the identity and status of the addressee, and the more or less ironical distance that separates them, constantly interfere. Eventually, the author sees in this dark comedy framed by an initial and a final musical event a dramatic piece punctuated, orchestrated and eroticized by music, whose complex effects work both on the onstage and the offstage audiences. This reflection on listening and reception seems to herald an acoustic aesthetics close to that of The Tempest.

Book Review: Writing for Academic Journals Second Edition

2021 ◽  
Author(s):  
Andi Asrifan ◽  
Abd Ghofur
Keyword(s):  
Health Service ◽  
Professional Life ◽  
Professional Lives ◽  
Academic Journals ◽  
Writing For Publication ◽  
Undergraduate Level ◽  
Publish Or Perish ◽  
The Subject ◽  
The Many

Anyone who wants to get ahead in academic or professional life today knows that it’s a question of publish or perish. This applies to colleges, universities, and even hospital Trusts. Yet writing for publication is one of the many skills which isn’t formally taught. Once beyond undergraduate level, it’s normally assumed that you will pick up the necessary skills as you go along.Writing for Academic Journalsseeks to rectify this omission. Rowena Murray is an experienced writer on the subject (author of How to Write a Thesis and How to Survive Your Viva) and she is well aware of the time pressures people are under in their professional lives. What she has to say should be encouraging for those people in ‘new’ universities, people working in disciplines which have only recently been considered academic, and those in professions such as the health service which are under pressure to become more academic.

ARTISTIC AND AESTHETIC EDUCATION AND MUSICAL PSYCHOTHERAPY OF A SPECIALIST’S TRAINING

2020 ◽  
Vol 384 (2) ◽  
pp. 222-232
Author(s):  
P. V. Menshikov ◽  
G. K. Kassymova ◽  
R. R. Gasanova ◽  
Y. V. Zaichikov ◽  
V. A. Berezovskaya ◽  
...  
Keyword(s):  
Performance Practice ◽  
Piano Music ◽  
Traumatic Experiences ◽  
Special Role ◽  
Native Culture ◽  
History Of ◽  
The Subject ◽  
And Performance ◽  
The Many ◽  
Special Meaning

A special role in the development of a pianist as a musician, composer and performer, as shown by the examples of the well-known, included in the history of art, and the most ordinary pianists, their listeners and admirers, lovers of piano music and music in general, are played by moments associated with psychotherapeutic abilities and music features. The purpose of the study is to comprehend the psychotherapeutic aspects of performing activities (using pianists as an example). The research method is a theoretical analysis of the psychotherapeutic aspects of performing activities: the study of the possibilities and functions of musical psychotherapy in the life of a musician as a “(self) psychotherapist” and “patient”. For almost any person, music acts as a way of self-understanding and understanding of the world, a way of self-realization, rethinking and overcoming life's difficulties - internal and external "blockages" of development, a way of saturating life with universal meanings, including a person in the richness of his native culture and universal culture as a whole. Art and, above all, its metaphorical nature help to bring out and realize internal experiences, provide an opportunity to look at one’s own experiences, problems and injuries from another perspective, to see a different meaning in them. In essence, we are talking about art therapy, including the art of writing and performing music - musical psychotherapy. However, for a musician, music has a special meaning, special significance. Musician - produces music, and, therefore, is not only an “object”, but also the subject of musical psychotherapy. The musician’s training includes preparing him as an individual and as a professional to perform functions that can be called psychotherapeutic: in the works of the most famous performers, as well as in the work of ordinary teachers, psychotherapeutic moments sometimes become key. Piano music and performance practice sets a certain “viewing angle” of life, and, in the case of traumatic experiences, a new way of understanding a difficult, traumatic and continuing to excite a person event, changing his attitude towards him. It helps to see something that was hidden in the hustle and bustle of everyday life or in the patterns of relationships familiar to a given culture. At the same time, while playing music or learning to play music, a person teaches to see the hidden and understand the many secrets of the human soul, the relationships of people.

Four Underlying Principles of Contract Law and the Foundational Contract-Law Standard

2018 ◽  
Author(s):  
Melvin A. Eisenberg
Keyword(s):  
Fundamental Principle ◽  
Contract Law ◽  
Normative Theory ◽  
Standard Contract

Chapter 3 develops four underlying principles of contract law and the foundational contract law standard. Under the most fundamental principle of contract law the aim of contract law should be to effectuate the objectives of parties to promissory transactions, provided that appropriate policy and moral conditions, such as freedom from duress and fraud, are satisfied, and subject to appropriate constraints, such as capacity and legality. The normative theory of contract law, taken together with the four underlying principles described in this chapter, comprise the foundational contract-law standard. Contract-law rules that are supported by the foundational standard are justified. Contract-law rules that are not so supported are unjustified.

Some Methods of Uprighting Lower Second Molars—II

1976 ◽  
Vol 3 (1) ◽  
pp. 39-44 ◽  
Author(s):  
Katherine W. L. Vig
Keyword(s):  
Case Reports ◽  
Second Molar ◽  
Comprehensive Account ◽  
The Many

This article completes a two-part series. Previously the control of lower second molars following loss of first molars was discussed. It is now proposed to describe methods of uprighting the lower second molar when the first molar is still present. The impacted second molar is typically mesio-angularly inclined and may also be rotated. The severity of the impaction is related to the type of treatment recommended but the methods described are not original. This two-part series is not intended to be a comprehensive account of the many techniques available but selected methods are illustrated by case reports.

The prospects for pluralism in contract theory

Legal Studies ◽  
2021 ◽  
pp. 1-20
Author(s):  
Zhong Xing Tan
Keyword(s):  
Contract Theory ◽  
Practical Reasoning ◽  
Contemporary Literature ◽  
Contract Law ◽  
Macro Level ◽  
Meso Level ◽  
Specific Performance ◽  
Micro Level

Abstract This paper explores the promise of pluralism in the realm of contract law. I begin by identifying and rejecting conceptual strategies adopted by monistic and dualistic approaches. Turning towards pluralism, I evaluate three versions in contemporary literature: pluralism across contracting spheres and types, pluralism through consensus and convergence, and pluralism through localised values-balancing and practical reasoning. I suggest embracing some pluralism about contract pluralism, by using these models to construct a framework of ‘meta-pluralism’, where at the macro-level, we are concerned with plural spheres of contracting activity; at the meso-level, a variety of trans-substantive interpretive concepts that receive some measure of juristic consensus; and at the micro-level, practical reasoning through particularistic analysis of case-specific considerations. I illustrate the meta-pluralistic framework through a case study on the varieties of specific performance, and explain how the proposed pluralistic framework enriches our understanding of the nature of contract.

Give Your Child A Chance

PEDIATRICS ◽  
1948 ◽  
Vol 2 (2) ◽  
pp. 237-237
Author(s):  
C. ANDERSON ALDRICH
Keyword(s):  
Child Care ◽  
The Subject ◽  
The Many ◽  
The Way

This book adds another volume to the many already published on the subject of child care. Its preface and foreword are written by Donovan J. McCune, M.D., and Norvelle C. LaMar, M.D., respectively, who endorse the author's statements. There is little in the way of advice to which I would not subscribe. In fact it is remarkable that So many pages can be filled with so much advice which is highly acceptable. Miss Turner has done a masterful job of summarizing the liberal ideas of our times. However, one begins to doubt the efficacy of any book so full of instructions without an adequate discussion of the "whys" of liberal ideas.

Psychiatrie Sociale De L'Enfant

PEDIATRICS ◽  
1952 ◽  
Vol 10 (3) ◽  
pp. 378-378
Keyword(s):  
Great Britain ◽  
Child Psychiatry ◽  
Social Psychiatry ◽  
The Subject ◽  
Broad Subject ◽  
The Many

This interesting book, written in French, consists of 535 pages of which 46 are devoted to the description of the many tests now in use in psychologic work, and 33 deal with an extensive "international" bibliography on the subject of child social-psychiatry. The most important part of the book is devoted to the broad subject of child psychiatry itself which is approached through many different angles and by authors of various countries including France, Great Britain, Sweden, Belgium, Spain and Switzerland.

Equity and certainty in contract law

Acta Juridica ◽  
2021 ◽  
Vol 2021 ◽  
pp. 141-176
Author(s):  
F Brand
Keyword(s):  
Supreme Court ◽  
Contract Law ◽  
Constitutional Court ◽  
High Court ◽  
Contractual Relationships ◽  
The Supreme Court ◽  
The Subject ◽  
Court Of Appeal ◽  
Do So

The role of abstract values such as equity and fairness in our law of contract has been the subject of controversy for a number of years. In 2002 the Supreme Court of Appeal took the position that these values do not constitute self-standing grounds for interfering with contractual relationships. Despite this being consistently maintained by the SCA in a number of cases, some High Court judges deviated from this position on the basis that they were permitted to do so by some minority judgments and obiter dicta in the Constitutional Court. The uncertainty thus created has fortunately now been removed by the judgment of the Constitutional Court in Beadica v The Trustees for the Time being of the Oregon Trust.

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