Neil MacCormick
- Published in print:
- 2008
- Published Online:
- May 2009
- ISBN:
- 9780198268772
- eISBN:
- 9780191713071
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198268772.001.0001
- Subject:
- Law, Philosophy of Law
The concept of practical reason is central to contemporary thought on ethics and the philosophy of law — acting well means acting for good reasons. Explaining this requires several stages. How do ...
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The concept of practical reason is central to contemporary thought on ethics and the philosophy of law — acting well means acting for good reasons. Explaining this requires several stages. How do reasons relate to actions at all, as incentives and in explanations? What are values, how do they relate to human nature, and how do they enter practical reasoning? How do the concepts of ‘right and wrong’ fit in, and in what way do they involve questions of mutual trust among human beings? How does our moral freedom — our freedom to form our own moral commitments — relate to our responsibilities to each other? How is this final question transposed into law and legal commitments? This book explores these questions, vital to understanding the nature of law and morality. It presents an account of practical reason. It also offers a reinterpretation of Kant's views on moral autonomy and Adam Smith's on self-command, marrying Smith's ‘moral sentiments’ to Kant's ‘categorical imperative’.Less
The concept of practical reason is central to contemporary thought on ethics and the philosophy of law — acting well means acting for good reasons. Explaining this requires several stages. How do reasons relate to actions at all, as incentives and in explanations? What are values, how do they relate to human nature, and how do they enter practical reasoning? How do the concepts of ‘right and wrong’ fit in, and in what way do they involve questions of mutual trust among human beings? How does our moral freedom — our freedom to form our own moral commitments — relate to our responsibilities to each other? How is this final question transposed into law and legal commitments? This book explores these questions, vital to understanding the nature of law and morality. It presents an account of practical reason. It also offers a reinterpretation of Kant's views on moral autonomy and Adam Smith's on self-command, marrying Smith's ‘moral sentiments’ to Kant's ‘categorical imperative’.
Neil MacCormick
- Published in print:
- 2008
- Published Online:
- May 2009
- ISBN:
- 9780198268772
- eISBN:
- 9780191713071
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198268772.003.0005
- Subject:
- Law, Philosophy of Law
This chapter considers the place of mutual trust in human engagements, both in relation to honesty and truthfulness in communication and in relation to good faith in contracts, promises, and the like.
This chapter considers the place of mutual trust in human engagements, both in relation to honesty and truthfulness in communication and in relation to good faith in contracts, promises, and the like.
Lucy Vickers
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780198268307
- eISBN:
- 9780191683497
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198268307.003.0004
- Subject:
- Law, Company and Commercial Law
This chapter considers the contract of employment and the various duties owed by employees that may restrict the right to freedom of speech to be enjoyed by those who work. The main contractual ...
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This chapter considers the contract of employment and the various duties owed by employees that may restrict the right to freedom of speech to be enjoyed by those who work. The main contractual duties which will have an impact on freedom of speech for employees are the duty of mutual trust and confidence; of co-operation and fidelity; and duties in relation to confidential information. These duties may be contained in express terms of the employment contract, or may be implied into the contract by the common law. Whether express or implied, they will be subject to an exception where the speech serves the public interest. This means that the question of whether the public interest is served by speech is of pivotal importance in assessing the contractual duties of the employee.Less
This chapter considers the contract of employment and the various duties owed by employees that may restrict the right to freedom of speech to be enjoyed by those who work. The main contractual duties which will have an impact on freedom of speech for employees are the duty of mutual trust and confidence; of co-operation and fidelity; and duties in relation to confidential information. These duties may be contained in express terms of the employment contract, or may be implied into the contract by the common law. Whether express or implied, they will be subject to an exception where the speech serves the public interest. This means that the question of whether the public interest is served by speech is of pivotal importance in assessing the contractual duties of the employee.
Mark R. Freedland and Nicola Kountouris
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199551750
- eISBN:
- 9780191731013
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199551750.003.0006
- Subject:
- Law, Employment Law
This chapter analyses the doctrines and regulatory techniques which have evolved to ascertain the content of contracts of employment in relation to their performance. It begins by identifying the way ...
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This chapter analyses the doctrines and regulatory techniques which have evolved to ascertain the content of contracts of employment in relation to their performance. It begins by identifying the way in which a whole body of doctrine has evolved with regard to the ‘implied terms’ of contracts of employment. It continues by discussing some specific areas in which the law of contracts of employment interprets, and assigns effects or outcomes to, the eventualities which present themselves or the steps which the parties take in the course or conduct of personal work relations; the areas or locations in question are those of performance of contracts and the regulation of the wage-work bargain, variation of contracts or of their terms, and suspension of contracts.Less
This chapter analyses the doctrines and regulatory techniques which have evolved to ascertain the content of contracts of employment in relation to their performance. It begins by identifying the way in which a whole body of doctrine has evolved with regard to the ‘implied terms’ of contracts of employment. It continues by discussing some specific areas in which the law of contracts of employment interprets, and assigns effects or outcomes to, the eventualities which present themselves or the steps which the parties take in the course or conduct of personal work relations; the areas or locations in question are those of performance of contracts and the regulation of the wage-work bargain, variation of contracts or of their terms, and suspension of contracts.
Anchrit Wille
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199665693
- eISBN:
- 9780191755989
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199665693.003.0008
- Subject:
- Political Science, European Union
What model is an adequate approximation of the executive relationship in today’s Commission? This chapter aims to arrive at a systematic assessment of the normalization of the political–bureaucratic ...
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What model is an adequate approximation of the executive relationship in today’s Commission? This chapter aims to arrive at a systematic assessment of the normalization of the political–bureaucratic relationship among the triads working at the Commission’s apex. Despite a clearer differentiation of the respective roles—linked to the normalization of the EU Commission— commissioners, their heads of cabinet, and their top officials stress the pre-eminence of interdependency, complementarity and teamwork. Their view of the political–bureaucratic relationship is one of a pragmatic-professional transaction. Both sides have the space to be strong, provided that there is mutual trust and respect, which are crucial in an environment where accountability pressures on both politicians and bureaucrats have increased.Less
What model is an adequate approximation of the executive relationship in today’s Commission? This chapter aims to arrive at a systematic assessment of the normalization of the political–bureaucratic relationship among the triads working at the Commission’s apex. Despite a clearer differentiation of the respective roles—linked to the normalization of the EU Commission— commissioners, their heads of cabinet, and their top officials stress the pre-eminence of interdependency, complementarity and teamwork. Their view of the political–bureaucratic relationship is one of a pragmatic-professional transaction. Both sides have the space to be strong, provided that there is mutual trust and respect, which are crucial in an environment where accountability pressures on both politicians and bureaucrats have increased.
Baogang He
- Published in print:
- 2015
- Published Online:
- May 2017
- ISBN:
- 9780748699711
- eISBN:
- 9781474416139
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748699711.003.0011
- Subject:
- Political Science, International Relations and Politics
Chapter 10 reviews and compares three deliberative approaches to conflict, and applies the deliberative approach to the Tibet autonomy issue. It examines the case of a deliberative workshop, ...
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Chapter 10 reviews and compares three deliberative approaches to conflict, and applies the deliberative approach to the Tibet autonomy issue. It examines the case of a deliberative workshop, including its achievements and limitations. This chapter demonstrates that this deliberative dialogue has improved knowledge and mutual understanding, enhanced mutual trust and deliberative capacities, and produced moderating effects.Less
Chapter 10 reviews and compares three deliberative approaches to conflict, and applies the deliberative approach to the Tibet autonomy issue. It examines the case of a deliberative workshop, including its achievements and limitations. This chapter demonstrates that this deliberative dialogue has improved knowledge and mutual understanding, enhanced mutual trust and deliberative capacities, and produced moderating effects.
J. Simon Rofe
- Published in print:
- 2016
- Published Online:
- May 2017
- ISBN:
- 9780804798099
- eISBN:
- 9781503600133
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804798099.003.0004
- Subject:
- History, Political History
This chapter investigates the central role of trust-building for the George H. W. Bush administration and its crucial significance in navigating the political transformations of 1990–91. Portraying ...
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This chapter investigates the central role of trust-building for the George H. W. Bush administration and its crucial significance in navigating the political transformations of 1990–91. Portraying Bush's foreign policy as driven by an effort to establish trust among adversaries to minimize risk and maintain order, this chapter shows how Bush and his key advisers, Secretary of State James A. Baker III and National Security Advisor Brent Scowcroft, crafted a strategy of personal diplomacy and caution. Analyzing in particular the demise of the Soviet Union in late 1991 as well as the 1990–91 Kuwait crisis, the chapter highlights the Bush administration's prioritization of reliability, steadfastness, and personal relationships in fostering a culture of mutual trust as key assets for U.S. foreign policy before.Less
This chapter investigates the central role of trust-building for the George H. W. Bush administration and its crucial significance in navigating the political transformations of 1990–91. Portraying Bush's foreign policy as driven by an effort to establish trust among adversaries to minimize risk and maintain order, this chapter shows how Bush and his key advisers, Secretary of State James A. Baker III and National Security Advisor Brent Scowcroft, crafted a strategy of personal diplomacy and caution. Analyzing in particular the demise of the Soviet Union in late 1991 as well as the 1990–91 Kuwait crisis, the chapter highlights the Bush administration's prioritization of reliability, steadfastness, and personal relationships in fostering a culture of mutual trust as key assets for U.S. foreign policy before.
Hugh Collins
- Published in print:
- 2016
- Published Online:
- August 2016
- ISBN:
- 9780198783169
- eISBN:
- 9780191826191
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198783169.003.0022
- Subject:
- Law, Employment Law, Company and Commercial Law
Having established a binary classification of implied terms, the chapter argues that terms implied in fact into contracts of employment typically are needed to prevent reliance upon a possible ...
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Having established a binary classification of implied terms, the chapter argues that terms implied in fact into contracts of employment typically are needed to prevent reliance upon a possible construction of the express terms that would permit unfair treatment, exploitation, or what might be described as a bad faith interpretation of the contract; and that terms implied by law into contracts of employment provide standard incidents of the contract that will be selected primarily on the basis of efficiency and a fair balance of obligations. The chapter considers whether the structural legal principles found in terms implied in law, such as the employee’s duty of obedience and the reciprocal duty of mutual trust and confidence or good faith, can in practice or theory be excluded by the express terms of the contract of employment.Less
Having established a binary classification of implied terms, the chapter argues that terms implied in fact into contracts of employment typically are needed to prevent reliance upon a possible construction of the express terms that would permit unfair treatment, exploitation, or what might be described as a bad faith interpretation of the contract; and that terms implied by law into contracts of employment provide standard incidents of the contract that will be selected primarily on the basis of efficiency and a fair balance of obligations. The chapter considers whether the structural legal principles found in terms implied in law, such as the employee’s duty of obedience and the reciprocal duty of mutual trust and confidence or good faith, can in practice or theory be excluded by the express terms of the contract of employment.
Irit Mevorach
- Published in print:
- 2018
- Published Online:
- April 2018
- ISBN:
- 9780198782896
- eISBN:
- 9780191826115
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198782896.003.0005
- Subject:
- Law, Company and Commercial Law, Private International Law
This chapter completes the proposed normative framework for cross-border insolvency. It considers the problem of compliance with a cross-border insolvency system by countries and implementing ...
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This chapter completes the proposed normative framework for cross-border insolvency. It considers the problem of compliance with a cross-border insolvency system by countries and implementing institutions. The previous chapters have shown how the choice and use of certain international legal sources, such as customary international law (CIL), can strengthen the system, close gaps, and address biases that may otherwise impede the choices of optimal solutions. Yet, notwithstanding the pervasiveness and behavioural force of CIL, the observance of the norms is not guaranteed. Written instruments, even if precise and comprehensive, and designed effectively, do not assure compliance either. Even where so-called soft law is in fact hard in important ways, countries might still underperform. This chapter suggests how compliance can be induced, and discusses which measures can be more, or less effective in that regard, including in view of decision-making constraints.Less
This chapter completes the proposed normative framework for cross-border insolvency. It considers the problem of compliance with a cross-border insolvency system by countries and implementing institutions. The previous chapters have shown how the choice and use of certain international legal sources, such as customary international law (CIL), can strengthen the system, close gaps, and address biases that may otherwise impede the choices of optimal solutions. Yet, notwithstanding the pervasiveness and behavioural force of CIL, the observance of the norms is not guaranteed. Written instruments, even if precise and comprehensive, and designed effectively, do not assure compliance either. Even where so-called soft law is in fact hard in important ways, countries might still underperform. This chapter suggests how compliance can be induced, and discusses which measures can be more, or less effective in that regard, including in view of decision-making constraints.
Bettina Westle and Paolo Segatti
- Published in print:
- 2016
- Published Online:
- June 2016
- ISBN:
- 9780198732907
- eISBN:
- 9780191796937
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198732907.003.0011
- Subject:
- Political Science, European Union
At present, European identity is unlikely to be a source of political integration and political legitimacy such as national identities have been in past and are today. Europeans primarily feel as ...
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At present, European identity is unlikely to be a source of political integration and political legitimacy such as national identities have been in past and are today. Europeans primarily feel as nationals, not as a European peoplehood. Mutual trust between European peoples exists, but is somewhat fragile. Yet, European identity is intertwined with the national identities in manifold ways. Thus, the imagined communities on national and on European level show individually strong similarities—criteria for being a European are deduced from the criteria one believes to make somebody belonging to one’s nation. All these complex links seem to manifest themselves also in citizens’ feelings of interdependence between the nations in the European Union—which at least helps coping with crises.Less
At present, European identity is unlikely to be a source of political integration and political legitimacy such as national identities have been in past and are today. Europeans primarily feel as nationals, not as a European peoplehood. Mutual trust between European peoples exists, but is somewhat fragile. Yet, European identity is intertwined with the national identities in manifold ways. Thus, the imagined communities on national and on European level show individually strong similarities—criteria for being a European are deduced from the criteria one believes to make somebody belonging to one’s nation. All these complex links seem to manifest themselves also in citizens’ feelings of interdependence between the nations in the European Union—which at least helps coping with crises.
Candice Delmas
- Published in print:
- 2018
- Published Online:
- August 2018
- ISBN:
- 9780190872199
- eISBN:
- 9780190872229
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190872199.003.0003
- Subject:
- Philosophy, Political Philosophy
Chapter 2 makes a case for the justifiability of some acts of uncivil disobedience—acts that are covert, evasive, violent, or offensive. After sketching some general process- and goal-related ...
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Chapter 2 makes a case for the justifiability of some acts of uncivil disobedience—acts that are covert, evasive, violent, or offensive. After sketching some general process- and goal-related constraints on uncivil disobedience, the chapter examines some traditional arguments against disobedience in general and argues that the responses offered by champions of civil disobedience can also justify some types of uncivil disobedience. It then responds to arguments for preferring civil over uncivil disobedience and identifies the potential value of incivility for subordinated members in democratic societies allegedly committed to mutual reciprocity. The chapter concludes by sketching the implications of the account with respect to society’s treatment of uncivil disobedients.Less
Chapter 2 makes a case for the justifiability of some acts of uncivil disobedience—acts that are covert, evasive, violent, or offensive. After sketching some general process- and goal-related constraints on uncivil disobedience, the chapter examines some traditional arguments against disobedience in general and argues that the responses offered by champions of civil disobedience can also justify some types of uncivil disobedience. It then responds to arguments for preferring civil over uncivil disobedience and identifies the potential value of incivility for subordinated members in democratic societies allegedly committed to mutual reciprocity. The chapter concludes by sketching the implications of the account with respect to society’s treatment of uncivil disobedients.
