A review of Katy Barnett, Accounting for Profit for Breach of Contract (Hart Publishing, 2012).

Termination in international contracts is considered a harsh sanction that harms international trade for each breach of contract or its provisions. The interest of international trade is fulfilled in maintaining and completing performance of contract, even if with a breach rectifiable by remedy. The termination destroys the contract and results in returning goods after their dispatch in addition to the accompanying new freight and insurance expenses and administrative and health procedures necessary for the entry and (...) exit of goods and to pay then refund the price. Moreover, the goods are exposed again to damage and perishing risks. Furthermore, the international sale contract is inherently associated with other international contracts such as goods transport contract, insurance contract and documentary credit through which the price is paid. If the sale contract is terminated, its effect will apply to all other associated contracts, if not performed, which produces many issues and hardships. (shrink)

Abstract: The aim of this paper is to establish how academic employees in technical, vocational education and training (TVET) College perceive the effects of psychological contract breach (PCB) in relations to job involvement and citizenship behaviour. Quantitative exploratory research design and a survey instrument were used to collect 170 samples from academic employees in a TVET College to share their perceptions of PCB. The findings confirm a significant (P-value .006) relationship between PCB and job involvement. There is a (...) strong indication that PCB has an effect on job involvement. The findings also revealed that there is a relationship between PCB and organisational citizenship behaviour. However, it is not significant since the (P-value was .119) in the regression analysis. These results are a consequence of academics not feeling a significant PCB, which might have explained better the relationship between PCB and organisational citizenship behaviour. Significantly, the paper established TVET College academics has a stable employer-employee relationship since there is minimal PCB. (shrink)

Group decisions must often obey exogenous constraints. While in a preference aggregation problem constraints are modelled by restricting the set of feasible alternatives, this paper discusses the modelling of constraints when aggregating individual yes/no judgments on interconnected propositions. For example, court judgments in breach-of-contract cases should respect the constraint that action and obligation are necessary and sufficient for liability, and judgments on budget items should respect budgetary constraints. In this paper, we make constraints in judgment aggregation explicit by (...) relativizing the rationality conditions of consistency and deductive closure to a constraint set, whose variation yields more or less strong notions of rationality. This approach of modelling constraints explicitly contrasts with that of building constraints as axioms into the logic, which turns compliance with constraints into a matter of logical consistency and thereby conflates requirements of ordinary logical consistency and requirements dictated by the environment . We present some general impossibility results on constrained judgment aggregation; they are immediate corollaries of known results on judgment aggregation. (shrink)

Are universities justified in trying to regulate student use of cognitive enhancing drugs? In this article I argue that they can be, but that the most appropriate kind of regulatory intervention is likely to be voluntary in nature. To be precise, I argue that universities could justifiably adopt a commitment contract system of regulation wherein students are encouraged to voluntarily commit to not using cognitive enhancing drugs. If they are found to breach that commitment, they should be penalized (...) by, for example, forfeiting a number of marks on their assessments. To defend this model of regulation, I adopt a recently-proposed evaluative framework for determining the appropriateness of enhancement in specific domains of activity, and I focus on particular existing types of cognitive enhancement drugs, not hypothetical or potential forms. In this way, my argument is tailored to the specific features of university education, and common patterns of usage among students. It is not concerned with the general ethical propriety of using cognitive enhancing drugs. (shrink)

This Article draws attention to a conceptual point that has been overlooked in recent discussions about the theoretical foundations of contract law. I argue that, rather than enforcing the obligations of promises, contract law concerns complaints against promissory wrongs. This conceptual distinction is easy to miss. If one assumes that complaints arise whenever an obligation has been violated, then the distinction does not seem meaningful. I show, however, that an obligation can be breached without giving rise to a (...) valid complaint. This Article illustrates the importance of this conceptual distinction by focusing first on the doctrine of substantive unconscionability. I claim that the doctrine can be best explained by the way in which a party who engages in exploitative behavior may lose her moral standing to complain. It is because such a party has lost her moral standing to complain that the law, through unconscionability doctrine, bars her from bringing a legal complaint. This explanation avoids the oft-issued charge of paternalism and it also offers benefits over an alternative state-oriented account developed recently by Seana Shiffrin. Using the conceptual distinction behind this account of unconscionability, this Article further argues that recent theoretical debates about the relationship between contract law and morality have been largely misconceived. Those debates have focused on whether contract law and morality impose parallel obligations. Once one appreciates the difference between imposing obligations and recognizing complaints, the comparison looks quite different. Contract law recognizes valid complaints against broken promises, much as morality recognizes moral complaints. (shrink)

Academic integrity is an essential pillar of any educational system. It is defined as acting in a manner consistent with the values and accepted standards of ethical practices in teaching, learning, and scholarship (Fishman, 2015). Contract cheating, or ghostwriting, is currently one of the most severe violations of academic integrity. It involves students engaging a third party, usually an online essay writing service, to complete their academic works on their behalf (Draper et al., 2021). Some of these services offer (...) pre-written essays, whereas others offer bespoke custom-written essays. According to the academic literature, the advent of the internet and digital technologies underlay this rapid deterioration of academic integrity (Ison, 2020; Lancaster & Clarke, 2014). Different learning environments, such as face-to-face (i.e., a learning environment involving the physical presence of both instructor and students) and online web-based (i.e., teaching mode that takes place partially or entirely over the internet), have been shown to affect academic integrity in different ways (Eshet et al., 2021). While contract cheating is common in both conventional face-to-face (F2F) and online settings, it is more likely to take place in the latter (Lancaster & Clarke, 2014; Slade et al., 2018). There are several possible explanations for why online students engage in contract cheating more often than F2F students. In particular, this includes the problem issue of psychological distance, which adversely affects interpersonal relationships; and the problem issue of moral distancing, because the internet can obscure the line between academically honest and dishonest behavior (Sharma & Maleyeff, 2003). These issues were further exacerbated by the sudden shift from F2F to emergency remote teaching (ERT) in response to the COVID-19 pandemic (Ahsan et al., 2021; Bjelobaba, 2021). Indeed, contract cheating had become a significant COVID-19 side effect for higher education institutions. In contrast to the well-planned F2F or online learning courses, ERTbased courses are not originally designed to be delivered virtually (Fatonia et al., 2020). The chaos brought by the abrupt campus closure and related unexpected transition to ERT provided both the opportunity and the incentive for contract cheating (Hill et al., 2021). Through social media, students have very quickly become fully aware of the possibilities of a wide variety of options to carry out Plagiarism (Bautista et al., 2022). There has been an increase in ways to try to bypass text-matching or text-reuse (i.e., plagiarism) detection systems, for example using micro-spaces, white ink, punctuation, and typos (Abdelhamid et al., 2022). Even though ghostwriters, especially commercial ones, claim their essays are original and therefore cannot be detected using text-matching software, third-party assignments may still contain recycled text (Aitken et al., 2017; Newton & Lang, 2015). Text matching detection software could use these breaches to identify outsourced academic work (Lancaster & Clarke, 2016; Wang & Xu, 2021). This study compared about four thousand term papers written in languages other than Hebrew. (shrink)

Criminal offences and regulatory breaches in using social networking evidence in personal injury litigation Pages 2-7 Current Criminal Law ISSN 1758-8405 Volume 2 Issue 3 March 2010 Author SALLY RAMAGE WIPO 900614 UK TM 2401827 USA TM 3,440.910 Orchid ID 0000-0002-8854-4293 Sally Ramage, BA (Hons), MBA, LLM, MPhil, MCIJ, MCMI, DA., ASLS, BAWP. Publisher & Managing Editor, Criminal Lawyer series [1980-2022](ISSN 2049-8047); Current Criminal Law series [2008-2022] (ISSN 1758-8405) and Criminal Law News series [2008-2022] (ISSN 1758-8421). Sweet & Maxwell (Thomson (...) Reuters) (Licensed Annotator of UK Statutes) in Current Law Statutes Annotated, (2006, 2009, 2010 editions) (sole and separate S&M contracts) for 7 UK Criminal Justice Statutes: UK Safeguarding Vulnerable Persons Act 2006; UK International Development Act 2006; UK Fraud Act 2006; UK Policing and Crime Act 2009, UK Local Democracy Act 2009; UK Bribery Act 2010; and UK Crime and Security Act 2010. Trade Mark SALLY RAMAGE ® 2401827 (2005-2025) in the UK, WIPO Trade Mark SALLY RAMAGE® 900164; USA-(Trade Mark 3,440,910) (2008-2028). WARNING: The doing of an unauthorized act in relation to a copyright work may result in both a civil claim for damages and criminal prosecution. Essentially, Social Network information may not always be admissible in a court of law but may be the door to lead to other, non-contentious evidence. In fact, even illegally obtained evidence may sometimes be admissible evidence, though this is not absolute. Most of the information available on social networking sites will be ‘personal data’. The data controller is the network operator, without whose consent, collecting such information could be an offence, unless it was necessary for the purpose of preventing or detecting crime. (shrink)

The study examined the influence that the psychological contract has on the job satisfaction and dissatisfaction of employees in the South African workplace. It also studied in detail, the effect that psychological contract breach and fulfilment have on the satisfaction of employees with regard to their work, fellow-employee, supervisor, and the as a whole organisation. The data for this study therefore, was collected through perusal of existing scientific articles/papers, published/unpublished dissertations and theses, text books and other relevant (...) informative documents. This makes the study to be premised on theoretical and analytical methodology. This article therefore, reveals the destructive effects that psychological contract breach has on the operation of organisations in South Africa, which are also presented and discussed in detail. The article also reveals the costly effect that employees’ job dissatisfaction has on organisations in terms of unplanned employee turnover. For the enhancement of psychological contract fulfilment, this article proposes strategies for organisations to adopt and implement, with an aim of improving employees’ job satisfaction in the workplace and ultimately discouraging turover intentions among employees. This study therefore, plays a very important and significant role in terms of contributing to literature and better understanding of psychological contract in general, and the effects that psychological contract has on employees’ job satisfaction and dissatisfaction in particular. (shrink)

This Article describes a jurisprudential puzzle—what I call the puzzle of the beneficiary’s bargain—and contends that adequately resolving this puzzle will require significant revisions to basic premises of contract law. The puzzle arises when one party enters into two contracts requiring the same performance, and the promisee of the second contract is the third-party beneficiary of the first. For example, a taxi driver contracts with a woman to transport her parents from the airport next week, and then the (...) driver separately enters a contract with the parents to transport them when the time comes. Is the second contract valid and enforceable, or does it fail for lack of consideration? This specific question—on which courts have split—implicates several important contract law doctrines. Moreover, it highlights a deep tension in our modern understanding of contractual obligation. This Article argues that adequately resolving the puzzle necessitates a general reconsideration of the relationship between rights and liability in contract law. Surprisingly, the best solution requires abandoning the foundational understanding that contract liability arises out of breach of a promisee’s right to performance. The puzzle thus offers a lens through which to examine—and even revise—the central concepts of modern contract law. (shrink)

In solving judgment aggregation problems, groups often face constraints. Many decision problems can be modelled in terms the acceptance or rejection of certain propositions in a language, and constraints as propositions that the decisions should be consistent with. For example, court judgments in breach-of-contract cases should be consistent with the constraint that action and obligation are necessary and sufficient for liability; judgments on how to rank several options in an order of preference with the constraint of transitivity; and (...) judgments on budget items with budgetary constraints. Often more or less demanding constraints on decisions are imaginable. For instance, in preference ranking problems, the transitivity constraint is often contrasted with the weaker acyclicity constraint. In this paper, we make constraints explicit in judgment aggregation by relativizing the rationality conditions of consistency and deductive closure to a constraint set, whose variation yields more or less strong notions of rationality. We review several general results on judgment aggregation in light of such constraints. (shrink)

The paper aims to briefly look into the civil law remedies of CISG from the perspective of economic efficiency. It mainly illustrates the basic tools of remedies in CISG, and discusses its strengths and flaws from the standpoint of economic deals normally present in most of commercial transactions. As many literature have long contributed to the legal economic discourse, our discussion, as a matter of course, largely depends on the current stronghold, or prospect that those theories espouse. Generally, the remedies (...) in CISG have two basic pathways addressing or penalizing the breach of contract from one party, namely specific performance and damages award. Other instruments to deal with the breach of contract cover a cure of defect, repudiation to perform a contract, additional period to perform a contractual duty, avoidance of contract and etc. This group of instruments can be classed as a privately administered remedies for our purpose of analysis. On this assumption, we can find many aspects of strengths in economic terms, but some paucity that the prescribed approach cannot properly address the best of economics between the contracting parties. This paucity comes mainly because the lawmakers normally could not pre-consider all circumstances among the individual contracting parties. For this reason, this paper argues in favor of privately administered remedies to fill the paucity of two typical remedies. Moreover, the contractual negotiation or design of contract is considered very important as the contracting parties are most informed about their best of economics besides the official lawmakers. The paper concludes with a short discussion of the electronic commerce in comparison with the traditional domestic and international commerce. (shrink)

To many, the idea of autonomous weapons systems (AWS) killing human beings is grotesque. Yet critics have had difficulty explaining why it should make a significant moral difference if a human combatant is killed by an AWS as opposed to being killed by a human combatant. The purpose of this paper is to explore the roots of various deontological concerns with AWS and to consider whether these concerns are distinct from any concerns that also apply to long-distance, human-guided weaponry. We (...) suggest that at least one major driver of the intuitive moral aversion to lethal AWS is that their use disrespects their human targets by violating the martial contract between human combatants. On our understanding of this doctrine, service personnel cede a right not to be directly targeted with lethal violence to other human agents alone. Artificial agents, of which AWS are one example, cannot understand the value of human life. A human combatant cannot transfer his privileges of targeting enemy combatants to a robot. Therefore, the human duty-holder who deploys AWS breaches the martial contract between human combatants and disrespects the targeted combatants. We consider whether this novel deontological objection to AWS forms the foundation of several other popular yet imperfect deontological objections to AWS. (shrink)

The following article is a reflection on the value of peace, a term often attributes to the absence of war or the lack of violence, conflict, suppression or, in short, phenomena considerer opposite to peace. But, is this really how peace should be defined? It is a fact that peace, be it personal inner peace or peace within a society, is constantly threatened, attacked, violated, and destroyed by a variation of causes: the failure to keep a promise, the breach (...) of a contract, obtained by illegitimate means, economical ambitions, diverse geo-political strategies, anarchy, social pressure, the lack of understanding on an interpersonal level, a family crisis, immaturity, unemployment, acts of injustice, poverty, the failure to adapt, discrimination, migration, terrorism, arms trafficking, civil wars, the threat of a world war and the usage of weapons of mass destruction, etc.; factors that take away peace, among men and women, societies, and entire countries. But…what is peace? Why do we struggle so much to obtain it? Why is it so appreciated by the majority mankind? Why have humanists, philosophers, politicians, civil right organizations, and men of good will in general dealt with this topic in such an extended manner? Why it has written so much about peace? Why peace is so fragile? These are some of the questions that I will try to answer in this contribution, using some of the texts of St. Augustine, Hobbes, Rousseau, Kant, and Hegel as reference. (shrink)

Contract cheating, or students outsourcing their assignments to be completed by others, has emerged as a significant threat to academic integrity in higher education institutions around the world. During the COVID-19, when traditional face-to-face instruction became unsustainable, the number of contract cheating students increased dramatically. Through focus group interviews, this study sought the perspectives of 25 students enrolled in first year writing in a private higher education institution in Kuwait during the pandemic in 2020–2021, on their attitudes towards (...) contract cheating. MAXQDA 2020 was used to examine the data. The participants believe that the primary motivations for engaging in contract cheating are mainly the opportunities presented by online learning and the psychological and physical challenges they experienced during online learning. Those who did not cheat had some shared traits, such as a competitive spirit, confidence in their talents, and a strong desire to learn. Additionally, those with high moral values avoided cheating. To combat contract cheating, students believe that teaching and evaluation techniques should be drastically altered and that students should be educated about plagiarism, while institutions should impose tougher sanctions on repeat offenders. (shrink)

In its recent opinion in Intel v. Sulyma, the U.S. Supreme Court clarified what qualifies as the “actual knowledge” required to trigger ERISA’s three-year statutory period. The Court’s opinion, however, left open whether establishing “actual knowledge” by a plaintiff in one case serves to time-bar otherwise timely suits that challenge subsequent breaches of the same character. This article argues that, under the continuing fiduciary duty analysis that the Court set forth in Tibble v. Edison, such suits should not be deemed (...) untimely. (shrink)

Some theorists have developed formal approaches to truth that depend on counterexamples to the structural rules of contraction. Here, we study such approaches, with an eye to helping them respond to a certain kind of objection. We define a contractive relative of each noncontractive relation, for use in responding to the objection in question, and we explore one example: the contractive relative of multiplicative-additive affine logic with transparent truth, or MAALT. -/- .

Multinational companies commonly and increasingly undertake their research in low and middle-income countries through commercial clinical research organizations (CROs). The involvement of these scientific middle men complicates the application of the theories of justice. We examine those complexities, and conclude that while the difficulties are not immune to analysis in terms of these theories, the theories have to be deployed in new ways in order to be useful in the new commercial world.

The article analyzes the significance of situated knowledges for going beyond dominating conceptual dichotomies that a) establish status quo dialectics, b) proliferate homogenization of the Global Northern experienced materialities, and c) conceal and suppress alternate affectual body-environment experiences and materializations. With the example of postsocialist ontogenealogies, the article analyzes the potential blind spots when failing to consider both sides of a status quo dialectic in their interconnectedness. To conclude, the article suggests the potential of situated knowledges as a vehicle for (...) future environmental ethicalities. (shrink)

An important question for proponents of non-contractive approaches to paradox is why contraction fails. Zardini offers an answer, namely that paradoxical sentences exhibit a kind of instability. I elaborate this idea using revision theory, and I argue that while instability does motivate failures of contraction, it equally motivates failure of many principles that non-contractive theorists want to maintain.

(Early) Modern social contract theories reject the idea that legal and political institutions are grounded in an alleged natural ordering or hierarchy of human beings, and instead argue that only government by a public (and not private) authority can fulfil the idea of justice as freedom and equality for all. To be authoritative and not just powerful, governing institutions must be shared as ours in this irreducible sense. I first outline how Kant’s ideal account of rightful freedom brilliantly transforms (...) this tradition as found in the works of Hobbes, Locke, and Rousseau, before proposing a way to see Kant’s two-layered non-ideal theory—his accounts of human nature (“moral anthropology”) and historical societies (“the principle of politics”)—as complementing his ideal theory of rightful freedom. This enables us to envision a conception not only of rightful external freedom but of rightful human freedom in particular societies—with their histories—on planet Earth. With these arguments at hand, we can also better appreciate the importance of realizing that the four possible political conditions for Kant—anarchy, barbarism, despotism, and republic—are ideas of reason, which means that they are never perfectly realized. Hence, historical societies we are not either in the state of nature or in civil society. In addition, in historical societies founded on principles of freedom, there are pockets of injustice or pockets that are devoid of justice that can only be captured by means of one of the three political ideas that are not constitutive of the republican legal-political framework. Kant’s four ideas therefore give us more tools with which to capture the nature of different political forces and challenges facing us in our historical societies. (shrink)

Influential thinkers such as Young, Sugden, Binmore, and Skyrms have developed game-theoretic accounts of the emergence, persistence and evolution of social contracts. Social contracts are sets of commonly understood rules that govern cooperative social interaction within societies. These naturalistic accounts provide us with valuable and important insights into the foundations of human societies. However, current naturalistic theories focus mainly on how social contracts solve coordination problems in which the interests of the individual participants are aligned, not competition problems in which (...) individual interests compete with group interests. In response, I set out to build on those theories and provide a comprehensive naturalistic account of the emergence, persistence and evolution of social contracts. My central claim is that social contracts have culturally evolved to solve cooperation problems, which include both coordination and competition problems. I argue that solutions to coordination problems emerge from “within-group” dynamics, while solutions to competition problems result largely from “between-group” dynamics. (shrink)

Of the Contract is a version of a text that is as old as any memory, or a form of legal instrument that constitutes the basis of the world in which its terms have been translated. The text remains as open to renewal as that world remains to future alteration, and the terms are both already past, and always yet to come. The notion of the debt that is presented by the contract corresponds to a conception of accountancy (...) and finance that provide a new approach to the contemporary problem of the sense of that external to the terms of human access.A reinterpretation of the philosophical tradition that runs through Levinas and Heidegger to Kant, Of the Contract is also grounded in the medieval tradition that was centered on the notion of ¿contraction,¿ and its writing was inspired by forms of life such as those found in the development of monastic constitutions, and the novels of knight errantry. It is also an oblique contribution to the recent discussions on the nature of debt, and is deeply marked by an awareness of climate change, and the insufficiencies of capital to overcome this crisis.All of these concerns however were contracted in a more acute awareness of the process of expression, and the work is given first of all as literature. It is the nature of the terms that they are open to untold interpretations. (shrink)

Birth mothers usually have a moral right to parent their newborns in virtue of a mutual attachment formed, during gestation, between the gestational mother and the fetus. The attachment is formed, in part, thanks to the burdens of pregnancy, and it serves the interest of the newborn; the gestational mother, too, has a powerful interest in the protection of this attachment. Given its justification, the right to parent one's gestated baby cannot be transferred at will to other people who would (...) wish to function as social parents of the child in question. This indicates that surrogacy contracts are illegitimate, and therefore should be void. (shrink)

In this paper, I explain why people seeking to flourish together fairly in the im- perfect world we share today ought to support a universal carbon tax with no exception for international aviation. The argument proceeds in four steps. First, I provide a free-standing analysis of emissions behavior at the individual moral level. Second, I offer a picture of ideal and non-ideal coordination based mostly on Kantian social contract theory. Third, I argue that in a non-ideal context, moral signals (...) about right relation offer a coordinating fulcrum around which meaningful if only partly coordinated action is possible. Fourth, I apply these conclusions to the case of aviation exceptionalism, focusing especially on instances of incomplete, overlapping, partly coordinated climate actions. I conclude that these arguments together amount to a case for reversing the Chicago Convention and applying a universal carbon tax that does not exclude international flights, ending aviation exceptionalism. (shrink)

Our main goal is to investigate whether the infinitary rules for the quantifiers endorsed by Elia Zardini in a recent paper are plausible. First, we will argue that they are problematic in several ways, especially due to their infinitary features. Secondly, we will show that even if these worries are somehow dealt with, there is another serious issue with them. They produce a truth-theoretic paradox that does not involve the structural rules of contraction.

The psychological contract refers to the implicit and subjective beliefs regarding a reciprocal exchange agreement, predominantly examined between employees and employers. While contemporary contract research is investigating a wider range of exchanges employees may hold, such as with team members and clients, it remains silent on a rapidly emerging form of workplace relationship: employees’ increasing engagement with technically, socially, and emotionally sophisticated forms of artificially intelligent (AI) technologies. In this paper we examine social robots (also termed humanoid robots) (...) as likely future psychological contract partners for human employees, given these entities transform notions of workplace technology from being a tool to being an active partner. We first overview the increasing role of robots in the workplace, particularly through the advent of sociable AI, and synthesize the literature on human–robot interaction. We then develop an account of a human-social robot psychological contract and zoom in on the implications of this exchange for the enactment of reciprocity. Given the future focused nature of our work we utilize a thought experiment, a commonly used form of conceptual and mental model reasoning, to expand on our theorizing. We then outline potential implications of human-social robot psychological contracts and offer a range of pathways for future research. (shrink)

This chapter discusses the Rawlsian project of public reason, or public justification-based 'political' liberalism, and its reception. After a brief philosophical rather than philological reconstruction of the project, the chapter revolves around a distinction between idealist and realist responses to it. Focusing on political liberalism’s critical reception illuminates an overarching question: was Rawls’s revival of a contractualist approach to liberal legitimacy a fruitful move for liberalism and/or the social contract tradition? The last section contains a largely negative answer to (...) that question. Nonetheless the chapter's conclusion shows that the research programme of political liberalism provided and continues to provide illuminating insights into the limitations of liberal contractualism, especially under conditions of persistent and radical diversity. The programme is, however, less receptive to challenges to do with the relative decline of the power of modern states. (shrink)

As a fundamental feature of our existence, melancholy is an inescapable characteristic of our ontological constitution. However, there is a distance between the clinical condition of melancholia and the human feeling, the capacity to feel sorrow and nostalgia. In this sense, melancholy and melancholia are similar but different. During the XIX century just few among philosophers have tried to described melancholy in terms of disorder, using philosophical tools rather than clinical definitions, drifting the accent from melancholy to melancholia. Hegel has (...) been one of them, one that has seen inside the depth of human being in order to understand and describe what is the “the nocturnal point of the contraction”: melancholia, in terms of clinical condition. The philosophical exploration of madness and its parameters is essentially an ontological project: this is how Hegel addresses “the Concept of derangement in general” and melancholia in particular, anticipating most of Freud’s consideration on this topic. (shrink)

The conditions of hunting and gathering through which one line of primates evolved into humans form the basis of what I term the wild self, a self marked by developmental needs of prolonged human neoteny and by deep attunement to the profusion of communicative signs of instinctive intelligence in which relatively “unmatured” hominids found themselves immersed. The passionate attunement to, and inquiry into, earth-drama, in tracking, hunting, foraging, rhythming, singing, and other arts/sciences, provided the trail to becoming human, and provide (...) external grammatical structures that became the basis of human language and animate mind. I outline my new philosophy of history as a progress in precision, counteracted by a regressive contraction of mind. The progress associated with history since the beginning of agriculturally-based civilizations can be considered as a regressive contraction from animate mind of our hunter-gatherer evolutionary past, to anthropocentric mind, and finally to the ghost in the machine world-view of mechanico-centric mind. Contemporary consumption culture represents an inversion of the original conditions of the human self, and indeed, targets aspects of developmental neoteny to condition conformity to its rational-mechanical system imperatives. (shrink)

The article presents a basic perception regarding social contract theory which is considered to be one of the most well-known and influential theories in western political philosophy. By exploring the concepts of social contract theory suggested by Thomas Hobbes and John Locke, an attempt is made to reveal various features and characteristics of the natural state. The article discusses the general description of the state of nature as well as the process of establishing a social contract as (...) a means of formation of civil society. (shrink)

This paper argues that Rousseau’s lawgiver is best thought of as a fictional teacher of peoples. It is fictional as it reflects an idea that is entertained despite its contradictory nature, and it is contradictory in the sense that it describes ‘an undertaking beyond human strength and, to execute it, an authority that amounts to nothing’ (II.7; 192). Rousseau conceives of the social contract as a necessary device for enabling the transferal of individual power to the body politic, for (...) subsuming individual wills under the general will, and for aligning the good of the individual with the common good. For the social contract to be valid, however, it needs to be preceded by a desire to belong to a moral community that can induce people to join willingly, and that will grant legitimacy to the laws established. If the social contract is the machinery that makes the body politic function, the lawgiver is ‘the mechanic who invents the machine’ (II.7; 191). In this paper we will look closer at the pedagogical functions of Rousseau’s mythical lawgiver by first examining the relationship between the social contract, the general will and the lawgiver. Then, we aim to flesh out a pedagogical understanding of the figure of the lawgiver by way of the two educational dimensions of accommodation and transformation. Finally, we will argue for the importance of understanding Rousseau’s lawgiver as a fictional device allowing for the fundamental and enduring educational task of balancing between the preservation and renewal of society. (shrink)

In this study, I demonstrated that there is a corporate social contract between firms and their host communities. The implication is that the idea of the social contract places corporate social responsibility (CSR) on a conditional pivot, whereby the host communities have to fulfil their own side of the contract in order to merit CSR projects. I examined the implication of the social contract for corrupt and unaccountable host communities. I based my analysis on two philosophical (...) frameworks, namely: one, Constructive Approach CSR (CA-CSR), and two, Restorative Approach CSR (RA-CSR). CA-CSR is hinged on the deontological and utilitarian moral frameworks, while RA-CSR is based on the restorative justice framework. Further, I developed ‘CSR Calculus’ (V = f1+n + K) to determine the value of CSR-due for a host community, in response to Milton Friedman questions of arbitrariness in the formulation of CSR projects. I also demonstrated how the CSR Calculus can be applied to determine the value of CSR owed communities by Micro, Small and Medium scale Enterprises (MSMEs). Finally, I used the ethic ‘leave a better community’ derived from the Annang proverb – Assidsip ye Akwot-kwot ete yak mfin ami afon akan mkpong (Assidsip and Akwot-kwot say make today better than yesterday) to signpost the corporate social contract and demonstrated why it is essential for every firm to commission and decommission its operations in socially responsible manner such that it can bequeath a better future society. (shrink)

Some feminists hold that surrogacy contracts should be unenforceable or illegal because they contribute to and perpetuate unjust gender inequalities. I argue that in developed countries, surrogacy contracts either wouldn't have these negative effects or that these effects could be mitigated via regulation. Furthermore, the existence of a regulated surrogacy market is preferable on consequentialist grounds.

“Human relations and the relations to other beings in our age.” There are three components to this theme: human-to-human relationships, human-to-other being relationships, and the temporal focus of our age. In the following, I will both discuss theoretical concerns among these components as well as present case studies to illustrate my points. In asking why a duck cannot sign a contract, I hope to demonstrate inherent insufficiencies in relations between humans and other beings in our age when they are (...) characterized as legal property relations. Among the possible forms that could relate humans to other humans and other beings, global society often resorts to law. Relationships in other, more culturally-dependent arenas, are more difficult to navigate when the cultures speak different languages, follow different religions, and build different family structures. Indeed we are not globalized in these cultural areas. We are globalized economically. And insofar as law facilitates globalization, the economic norms it uses become the common denominator among the cultures and even the relationship between humans and other beings. (shrink)

The emergence of Large Language Models (LLMs) and advancements in Artificial Intelligence (AI) offer an opportunity for computational social science research at scale. Building upon prior explorations of LLM agent design, our work introduces a simulated agent society where complex social relationships dynamically form and evolve over time. Agents are imbued with psychological drives and placed in a sandbox survival environment. We conduct an evaluation of the agent society through the lens of Thomas Hobbes's seminal Social Contract Theory (SCT). (...) We analyze whether, as the theory postulates, agents seek to escape a brutish "state of nature" by surrendering rights to an absolute sovereign in exchange for order and security. Our experiments unveil an alignment: Initially, agents engage in unrestrained conflict, mirroring Hobbes's depiction of the state of nature. However, as the simulation progresses, social contracts emerge, leading to the authorization of an absolute sovereign and the establishment of a peaceful commonwealth founded on mutual cooperation. This congruence between our LLM agent society's evolutionary trajectory and Hobbes's theoretical account indicates LLMs' capability to model intricate social dynamics and potentially replicate forces that shape human societies. By enabling such insights into group behavior and emergent societal phenomena, LLM-driven multi-agent simulations, while unable to simulate all the nuances of human behavior, may hold potential for advancing our understanding of social structures, group dynamics, and complex human systems. (shrink)

This is a study of the treatment of library patron privacy in licenses for electronic journals in academic libraries. We begin by distinguishing four facets of privacy and intellectual freedom based on the LIS and philosophical literature. Next, we perform a content analysis of 42 license agreements for electronic journals, focusing on terms for enforcing authorized use and collection and sharing of user data. We compare our findings to model licenses, to recommendations proposed in a recent treatise on licenses, and (...) to our account of the four facets of intellectual freedom. We find important conflicts with each. (shrink)

Contracts are common, and some influential thinkers in the “modern” period of philosophy argued that the whole of society is created and regulated by a contract. Two of the most prominent “social contract theorists” are Thomas Hobbes (1588-1679) and John Locke (1632-1704).[2] This essay explains the origins of this tradition and why the concept of a contract is illuminating for thinking about the structure of society and government.

The meaning of Lorentz contraction in special relativity and its connection with Bell’s spaceships parable is discussed. The motion of Bell’s spaceships is then compared with the accelerated motion of a rigid body. We have tried to write this in a simple form that could be used to correct students’ misconceptions due to conflicting earlier treatments.

In The Libertarian Idea, Jan Narveson explains his interpretation of social contract theory this way: "The general idea of this theory is that the principles of morality are (or should be) those principles for directing everyone's conduct which it is reasonable for everyone to accept. They are the rules that everyone has good reason for wanting everyone to act on, and thus to internalize in himself or herself, and thus to reinforce in the case of everyone." It is plain, (...) here, that Narveson believes that social contract is to provide justification -- a foundation, in fact -- for 'the principles of morality'. The burden assumed in this essay is to examine how far Narveson has succeeded in making this foundational claim plausible. (shrink)

Attempts to justify the special moral status of human beings over other animals face a well-known objection: the challenge of marginal cases. If we attempt to ground this special status in the unique rationality of humans, then it becomes difficult to see why nonrational humans should be treated any differently than other, nonhuman animals. We respond to this challenge by turning to the social contract tradition. In particular, we identify an important role for the concept of recognition in attempts (...) to secure rights through a social contract. Recognition, which involves identifying with or seeing ourselves as others, is the key to establishing the scope of justice, and we argue that this scope extends to all humans—even the so-called marginal cases—but not to other animals. If this is correct, then we have a principled reason for why all humans have certain rights that other animals lack. (shrink)

I argue that both Hobbes and Spinoza rely on a pivot epicurean idea to form their conceptions of the social contract, namely, the idea that the human acts by calculating their utility. However, Hobbes and Spinoza employ this starting principle in different ways. For Hobbes, this only makes sense if the calculation of utility is regulated by fear as the primary political emotion. For Spinoza, there is no primary emotion and the entire construction of the social contract relies (...) on how the calculation of utility is carried out. I argue that this conception of the social contract leads Spinoza to espouse a radical position about the political, which has been overlooked by those like Antonio Negri who read Spinoza as a radical democrat. (shrink)

There appears to be a tension between two commitments in liberalism. The first is that citizens, as rational agents possessing dignity, are owed a justification for principles of justice. The second is that members of society who do not meet the requirements of rational agency are owed justice. These notions conflict because the first commitment is often expressed through the device of the social contract, which seems to confine the scope of justice to rational agents. So, contractarianism seems to (...) ignore the justice claims of the severely cognitively impaired. To solve this problem, Martha Nussbaum proposes the capabilities approach. The justifiability condition, on this approach, is met by the idea of overlapping consensus. This essay argues that overlapping consensus cannot meet liberalism’s justifiability condition, nor is it more inclusive of the cognitively impaired. Therefore, we have reason to retain the contract device and look for another way to ensure that liberalism respects the justice claims of all. (shrink)

Thomas Pogge has argued, famously, that ‘we’ are violating the rights of the global poor insofar as we uphold an unjust international order which provides a legal and economic framework within which individuals and groups can and do deprive such individuals of their lives, liberty and property. I argue here that Pogge’s claim that we are violating a negative duty can only be made good on the basis of a substantive theory of collective action; and that it can only provide (...) substantive ethical guidance when combined with an account of how collective action gives rise to forward-looking responsibility and/or accountability on an individual level. I consider accounts of these two topics given in work by Peter French and Christopher Kutz; and I argue that neither of them give Pogge what he needs. Although there is a sense in which 'we' can be said to be violating the rights of the worst off, the sense in which this is true does not generate any plausible action-guiding claims for individuals. (shrink)

Michel Serres’s proposal to extend the social contract to a natural contract has been met with criticism and misunderstanding. In this article, I would like to respond to common criticisms by reconsidering two central related concepts. It is claimed that we cannot represent nature’s interests and therefore cannot come to an agreement, and thus a contract, with nature. However, I will suggest a way out by reinterpreting representation and agreement. I will start with the problem of representation: (...) nature cannot be represented. Specifically, I will present two counterarguments. The first argument is that political representation is always difficult, even in the case of human beings. Representing nature only seems more difficult because we have forgotten the difficulties associated with representing humans. The second argument aims to rethink representation. Representing nature only seems so hard because we tend to follow a cognitive understanding of representation, as if representation is about representing the ideas of the represented party. Instead, following Michael Saward, I propose an alternative understanding of representation as a game of representative claims and counterclaims: political representation is about claiming to speak on behalf of a referent and then allowing that referent to respond to that claim. Then I turn to the problem of agreement. A natural contract seems difficult because it is hard to imagine what it would mean for nature to agree to a particular proposal. To counter this, I turn to the notion of symbiosis, found in the work of Serres. A natural contract, I will argue, need not be a contract of consensus or synthesis. The alternative is a contract of symbiosis, which does not require all parties to have a common understanding of the situation. Instead, it allows for an agreement in which all parties have their own interests and definition of the situation. In this sense, a natural contract can make sense if it is understood as a contract in which symbiosis is achieved through political representation based on a game of claims and counterclaims. (shrink)

'. . . this book will be valuable to upper-division and graduate students interested in the validity of SC theories.'-PERSPECTIVES ON POLITICAL SCIENCE.

Global society issues are putting increasing pressure on both small and large organizations to communicate ethically at all levels. Achieving this requires social skills beyond the choice of language or vocabulary and relies above all on individual social responsibility. Arguments from social contract philosophy and speech act theory lead to consider a communication contract that identifies the necessary individual skills for ethical communication on the basis of a limited number of explicit clauses. These latter are pragmatically binding for (...) all partners involved and help to ensure that the ground rules of cooperative communication are observed within a group or an organization. Beyond promoting ethical communication, the communication contract clarifies how individual discursive behaviour can be constructively and ethically monitored by group leaders in business meetings. A case study which shows what may happen when ground clauses of ethical communication are violated is presented. The conclusions of the study highlights why attempting to respect the communication contract is in the best interest of all partners at all levels within any group or organization. (shrink)

Resumo: Uma das características comuns dos primeiros filósofos modernos da Europa Ocidental é a ênfase na liberdade e na igualdade. Os filósofos desse período buscavam respostas para “o que é liberdade e igualdade?” e transformaram a liberdade e a igualdade em direitos humanos fundamentais. De John Locke a Montesquieu e Jean Jacques Rousseau, todos consideram a liberdade e a igualdade como direitos naturais do ser humano. O conceito de liberdade e igualdade de Rousseau é refletido em O Contrato Social. No (...) início desse trabalho, ele comentou, com uma famosa frase de abertura: “O homem nasce livre, mas está em toda parte acorrentado.” Esse é o argumento fundamental para dar uma visão única de liberdade e igualdade. Dentro do escopo do artigo, o autor se concentra em analisar seus pontos de vista sobre liberdade e igualdade, em muitos aspectos diferentes - liberdade e igualdade, no estado de natureza, liberdade e igualdade, na sociedade civil, e como alcançar a liberdade e a igualdade - apresentando, assim, os valores e as limitações de seus pontos de vista sobre liberdade e igualdade. (shrink)

Liberalism is based on the juxtaposition of consent to coercion. Autocracy and slavery were based on coercion whereas today’s political democracy and economic “employment system” are based on consent to voluntary contracts. This article retrieves an almost forgotten dark side of contractarian thought that based autocracy and slavery on explicit or implicit voluntary contracts. The democratic and antislavery movements forged arguments not simply in favor of consent but arguments that voluntary contracts to alienate aspects of personhood were invalid—which made the (...) underlying rights inalienable. Once understood, those arguments apply as well to today’s self-rental contract, the employer-employee contract. (shrink)