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Books on the topic 'Own Acts Theory'

Author: Grafiati

Published: 4 June 2021

Last updated: 8 February 2022

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1

Voronina, Larisa. Financial accounting: theory and practice. INFRA-M Academic Publishing LLC., 2021. http://dx.doi.org/10.12737/1171982.

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The textbook is based on the normative acts of the system of regulatory regulation of accounting currently in force in the Russian Federation in accordance with the latest amendments to the Tax Code of the Russian Federation and the Labor Code of the Russian Federation. The basics of the organization of accounting and the principles of its differentiation into financial and managerial accounting are considered. The methodology of accounting for the assets, liabilities and capital of the organization is described, the main aspects of taxation are presented. Numerous practical examples, qu

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Vinter, Maggie. Last Acts. Fordham University Press, 2019. http://dx.doi.org/10.5422/fordham/9780823284269.001.0001.

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Last Acts: The Art of Dying on the Early Modern Stage argues that the Elizabethan and Jacobean theater offered playwrights, actors, and audiences important opportunities to practice arts of dying. Early modern plays also engage with devotional traditions that understand death less as an occasion for suffering or grieving than as an action to be performed, well or badly. Active deaths belie the narratives of helplessness and loss most often used to analyze representations of mortality and instead suggest ways that marginalized and constrained subjects might participate in the political, social,

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Hornsby, Jennifer. Speech Acts and Performatives. Edited by Ernest Lepore and Barry C. Smith. Oxford University Press, 2009. http://dx.doi.org/10.1093/oxfordhb/9780199552238.003.0035.

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This article aims to connect Austin's seminal notion of a speech act with developments in philosophy of language over the last forty odd years. It starts by considering how speech acts might be conceived in Austin's general theory. Then it turns to the illocutionary acts with which much philosophical writing on speech acts has been concerned, and finally to the performatives which Austin's own treatment of speech as action took off from.

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Harris, Daniel W., Daniel Fogal, and Matt Moss. Speech Acts. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198738831.003.0001.

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This introduction is both a capsule history of major work in speech-act theory and an opinionated guide to its current state, organized around five major accounts of what speech acts fundamentally are. We first consider the two classical views, on which a speech act is the kind of act it is mainly due to convention (Austin), or to intention (Grice). We then spell out three other broad approaches, which conceive of speech acts primarily in terms of their function, or as the expression of mental states, or as constituted by norms. With these five families of views laid out, we relate them in tur

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Nick, Gallus. 7 The Effect of Acts before the Main Temporal Limits on the Determination of Breach through Later Acts. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198791676.003.0007.

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This chapter addresses the effect of acts before the period of a tribunal’s temporal jurisdiction on the decision whether or not the act within the period of the tribunal’s jurisdiction has breached the obligation. The chapter explains that tribunals have universally accepted that they can take into account earlier acts when deciding if acts within the period of their temporal jurisdiction breached an obligation. It then explains that there is little uniformity on the degree to which a prior act has been taken into account when it is part of a series, or part of a single act, that continues in

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Eliot, George, and David Russell. Middlemarch. Edited by David Carroll. Oxford University Press, 2019. http://dx.doi.org/10.1093/owc/9780198815518.001.0001.

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‘The growing good of the world is partly dependent on unhistoric acts.’ The greatest ‘state of the nation’ novel in English, Middlemarch addresses ordinary life at a moment of great social change, in the years leading to the Reform Act of 1832. Through her portrait of a Midlands town, George Eliot addresses gender relations and class, self-knowledge and self-delusion, community and individualism. Eliot follows the fortunes of the town's central characters as they find, lose, and rediscover ideals and vocations in the world. Through its psychologically rich portraits, the novel contains some of

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Fogal, Daniel, Daniel W. Harris, and Matt Moss, eds. New Work on Speech Acts. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198738831.001.0001.

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The essays collected in this book represent recent advances in our understanding of speech acts-actions like asserting, asking, and commanding that speakers perform when producing an utterance. The study of speech acts spans disciplines, and embraces both the theoretical and scientific concerns proper to linguistics and philosophy as well as the normative questions that speech acts raise for our politics, our societies, and our ethical lives generally. It is the goal of this book to reflect the diversity of current thinking on speech acts as well as to bring these conversations together, so th

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Hanks, Peter. Types of Speech Acts. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198738831.003.0005.

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Classical speech act theory, in the tradition of Austin and Searle, is based on a picture of propositional content due to Frege. This picture takes propositions to be the primary bearers of truth conditions, and it incorporates a sharp distinction between content and force. In this paper I defend an alternative picture of propositional content, on which the primary bearers of truth conditions are the actions we perform in thinking and speaking about the world. Propositions are types of these actions, and they inherit their truth conditions from them. This picture abandons the distinction betwe

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Hitlin, Steven, and Sarah K. Harkness. Affect Control Theory. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190465407.003.0007.

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This chapter draws on the theoretical and methodological insights from Affect Control theory (ACT), a theory with decades of research and empirical support, to set up our cross-cultural analyses examing our theory of societal inequality. ACT is a formal mathematical theory used to examine how the various facets of social events (such as the identities and emotions) shape ongoing social action. ACT distills the representation of these various facets to their simplest, most universally recognized dimensions of meaning: evaluation (good vs. bad), potency (powerful vs. weak), and activity (fast vs

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Malek, Janet. The Possibility of Being Harmed by One’s Own Conception. Edited by Leslie Francis. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199981878.013.25.

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Can a person be harmed by the acts that brought about his or her own conception? Three different claims concerning this possibility can be distinguished: (1) that people are sometimes harmed by the fact that they are brought into existence; (2) that people are sometimes harmed by the way that they are brought into existence; and (3) that people are always harmed by being brought into existence. Well-known objections to the first two claims are analyzed and refuted, suggesting that these claims can be supported. The third claim is examined and shown to rely on unsound reasoning. These finding s

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Goldmann, Matthias. Sources in the Meta-Theory of International Law. Edited by Samantha Besson and Jean d’Aspremont. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198745365.003.0022.

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This chapter endeavours to identify common assumptions characterizing the sources doctrine in international law. Those are: the autonomy of international law from politics, morality, economics, etc.; the focus on binding, enforceable rules; and State consent as the source of legitimacy of international law. Today, each of these assumptions is being challenged. To address these challenges, the chapter proposes to further develop the sources theory. It elaborates the concept of principles of international law (as they ensure international law’s autonomy), a concept of authority (as non-binding a

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Morawetz, Klaus. Classical Kinetic Theory. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198797241.003.0003.

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The classical non-ideal gas shows that the two original concepts of the pressure based of the motion and the forces have eventually developed into drift and dissipation contributions. Collisions of realistic particles are nonlocal and non-instant. A collision delay characterizes the effective duration of collisions, and three displacements, describe its effective non-locality. Consequently, the scattering integral of kinetic equation is nonlocal and non-instant. The non-instant and nonlocal corrections to the scattering integral directly result in the virial corrections to the equation of stat

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McMahan, Jeff. Proportionality and Necessity in Jus in Bello. Edited by Seth Lazar and Helen Frowe. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199943418.013.24.

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In this chapter, the author explores the requirement of proportionality in the killing of civilians in war. The work first examines the general notion of proportionality in defensive harming. It then explores proportionality in the resort to war and explains why the traditional theory of just war claims that proportionality in individual acts of war must be different. The author argues that the traditional theory’s claim is a mistake and that when a war lacks just aims, individual acts of harming can seldom be proportionate. Finally, the author considers proportionality as a constraint on viol

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Garvey, Stephen P. Guilty Acts, Guilty Minds. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190924324.001.0001.

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“You can’t be convicted of a crime without a guilty act and a guilty mind.” A lawyer might express the same idea using Latin: “You can’t be convicted of a crime without actus reus and mens rea.” Guilty Acts, Guilty Minds proposes an interpretation of mens rea and actus reus as limits on the authority of a democratic state to ascribe guilt through positive law to those accused of crime. Actus reus and mens rea are portrayed as necessary conditions for the legitimacy of state punishment. The actus reus requirement disables a democratic state from using its authority to ascribe guilt to those who

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Cremona, Marise, and Claire Kilpatrick, eds. EU Legal Acts. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198817468.001.0001.

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In this collection of essays, which were first presented at the Academy of European Law in Florence, we bring together a series of contributions which explore the changing landscape of the EU’s legal acts, and the boundaries between legal acts and acts and processes which may create norms but which do not create ‘law’ in the traditional sense. We bring together two different ways of looking at this picture. The first is to focus on the transformations in and challenges to the EU’s ‘classic’ or traditional legal acts, in particular since the reconfiguration of the categories of legal act and th

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Yaffe, Gideon. The Duty Requirement. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190683450.003.0011.

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It is hornbook law that a defendant’s guilt for a crime can be predicated on an omission to act only if the defendant was under a legal duty to engage in the omitted act. By contrast, guilt can be predicated on an affirmative action where there is no legal duty to omit the act. This chapter offers a rationale for the Duty Requirement by arguing that it shields from liability a set of wrongdoers who are not criminally culpable for their wrongful behavior. To be criminally culpable is for one’s behavior to manifest a disregard for legal reasons to refrain from that behavior. Since there can be a

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Nick, Gallus. The Temporal Jurisdiction of International Tribunals. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198791676.001.0001.

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The period of an international tribunal’s temporal jurisdiction is the span of time during which an act must have occurred before the tribunal may consider if the act breached an obligation. There are many questions concerning this particular aspect of an international tribunal’s jurisdiction. Does a tribunal have power over acts that occurred after the entry into force of the obligation allegedly breached but before the tribunal’s jurisdiction was accepted? What about acts that began before the tribunal’s jurisdiction was accepted but continued after? To what extent can acts before the period

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Wilson, Deirdre. Relevance Theory and Literary Interpretation. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198794776.003.0011.

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This concluding chapter reflects in general terms on some aspects of relevance theory that have been fruitfully used in the analyses in this volume, and on some aspects of literary communication that have been seen by both supporters and critics of relevance theory as showing the need for modifications to the inferential mechanisms it proposes. After distinguishing comprehension (identifying the intended import of a communicative act) from interpretation (going beyond the intended import to draw one’s own conclusions), it discusses a range of stylistic and rhetorical effects—typically created

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Trollope, Anthony. Phineas Finn. Edited by Simon Dentith. Oxford University Press, 2011. http://dx.doi.org/10.1093/owc/9780199581436.001.0001.

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‘To become a member of the British Parliament!… He almost thought that he could die happy.’ Phineas Finn, the handsome Irishman, is equally successful at scaling the political ladder and gaining the affection of influential women. As he makes his precarious way in parliament he discovers how far principles must be sacrificed to the common cause, and how essential money is to political progress. Set during the turbulent passage of the second Reform Act of 1867, the novel paints a vivid picture of the compromises and tactics of daily political life. Loss of independence is felt just as keenly by

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Volpi, Frédéric. Acts, Arenas and Actors. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190642921.003.0002.

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This chapter considers the debates about authoritarianism and democratization, and political stability and change, in an “exceptional” Middle East. It outlines how accounts of Middle East politics presented stalled transition processes and authoritarian “upgrading” as structural features of regional stability. The chapter then introduces the notion of mobilization in relation to the construction of protest events, arenas and actors. A distinction is drawn between political causality and causal explanations during periods of rapid de-institutionalization, and during periods of routine (authorit

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Lopes, Dominic McIver. Getting Practical. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198827214.003.0003.

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While the main argument for the network theory of aesthetic value is that it better explains the facts about aesthetic activity than does aesthetic hedonism, the two theories share some common assumptions. Aesthetic evaluations are mental representations that attribute aesthetic values to items. Aesthetic acts are acts based on aesthetic evaluations. Aesthetic values figure in aesthetic reasons, which are practical reasons. That is, an aesthetic reason lends weight to the proposition that an agent should perform some act—an act of aesthetic appreciation, for example. Hence, one task for a theo

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Textor, Mark. Brentano’s Mental Monism. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199685479.003.0013.

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We simultaneously perceive many things—colours, tastes, sounds, etc.—and are aware that we do so. Are the mental acts that we are simultaneously conscious of distinct mental acts, independent of each other? In Psychologie Brentano’s answer was an adamant No. All mental acts that we are jointly aware of are conceptual parts of one and the same mental activity (Mental Monism). Soon afterwards he changed his mind to Yes, our simultaneous mental acts are distinct and mutually independent, but co-conscious acts are accidents of one soul. I explore Brentano’s Mental Monism and defend it against Bren

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Austen, Jane, and Jane Stabler. Mansfield Park. Edited by James Kinsley. Oxford University Press, 2008. http://dx.doi.org/10.1093/owc/9780199535538.001.0001.

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‘Me!’ cried Fanny … ‘Indeed you must excuse me. I could not act any thing if you were to give me the world. No, indeed, I cannot act.’ At the age of ten, Fanny Price leaves the poverty of her Portsmouth home to be brought up among the family of her wealthy uncle, Sir Thomas Bertram, in the chilly grandeur of Mansfield Park. There she accepts her lowly status, and gradually falls in love with her cousin Edmund. When the dazzling and sophisticated Henry and Mary Crawford arrive, Fanny watches as her cousins become embroiled in rivalry and sexual jealousy. As the company starts to rehearse a play

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Langton, Rae. Blocking as Counter-Speech. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198738831.003.0006.

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The felicity conditions for speech acts can be supplied, in part, by hearers and bystanders, as Austin and Lewis showed, in their work on speech acts and accommodation respectively.This has implications for counter-speech: efforts to fight harmful speech with more speech. Counter-speech can work by retroactively ‘undoing’, rather than refuting, speech acts. Despite the handicaps on counter-speech, a hearer can sometimes block its presuppositions, including presuppositions about its authority. This can prevent the presuppositions’ accommodation, block the speech act’s felicity conditions, and r

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Flaubert, Gustave. Sentimental Education. Edited by Patrick Coleman. Translated by Helen Constantine. Oxford University Press, 2016. http://dx.doi.org/10.1093/owc/9780199686636.001.0001.

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‘For certain men the stronger their desire, the less likely they are to act.’ With his first glimpse of Madame Arnoux, Frédéric Moreau is convinced he has found his romantic destiny, but when he pursues her to Paris the young student is unable to translate his passion into decisive action. He also finds himself distracted by the equally romantic appeal of political action in the turbulent years leading up to the revolution of 1848, and by the attractions of three other women, each of whom seeks to make him her own: a haughty society lady, a capricious courtesan, and an artless country girl. Fl

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Textor, Mark. One Act, Several Conceptual Parts. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199685479.003.0006.

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The chapter clarifies the conclusion of Brentano’s Duplication Argument. On Brentano’s view, a conscious mental act is directed on two objects, one of them being the act itself, but its plural reference is primitive, not due to the fact that the mental act has parts which each have reference on their own. Because of the plural reference the act can be brought under different partial concepts that are arrived at by abstraction. Brentano’s view is compared with contemporary versions of self-representationalism and shown not to admit of higher orders, double presentations, or indirect presentatio

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Mawson, Michael. The Fall. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198826460.003.0006.

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This chapter explores how Bonhoeffer develops and deepens his theological engagement with social theory in his hamartiology or doctrine of sin. Bonhoeffer is clear that the fall into sin has radically disrupted and overturned primal social relations and formations (of the kind outlined in his chapter on creation). With the fall, the kinds of persons and relations evident in the primal state are replaced with sinful individuals who wilfully pursue their own isolation and solitude. Moreover, this chapter shows how Bonhoeffer, in critical dialogue with Augustine, draws in and reworks the social-p

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McCrudden, Christopher. Human Rights Theory and Comparative International Law Scholarship. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198786627.003.0019.

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An account of what we know about the use by domestic courts of international human rights law is identified, based on the findings in this volume and earlier work on the use of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). From that, three aspects of the domestic functions of international human rights treaties are tentatively identified as particularly significant: international human rights law is only partly internationally-directed; domestic courts very seldom appear to be acting as ‘agents’ of international human rights law; and ‘human dignity’ (s

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Kissine, Mikhail. Non-Assertion Speech Acts. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199935314.013.5.

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This chapter is devoted to major theoretical questions surrounding non-assertion speech acts. First is addressed the distinction between institutional and non-institutional speech acts. Then, directives, questions, expressives, and commissives are discussed in turn. Each of these classes of speech acts raise specific issues, which are separately discussed. For instance, it is important to determine the exact relationship questions bear, on the one hand, to directives and, on the other hand, to assertions. It is equally important to understand whether some expressives and commissive should be t

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Wolterstorff, Nicholas. On bended knee. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198805380.003.0005.

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In Platonic spirituality, people leave behind corporeal concerns and ascend to contemplation of The One or The Good; in Christianity, people assemble on foot or in wheelchairs to worship God with their body. The main argument of this chapter is that the best way to understand what it is to worship God with one’s body is to borrow from speech-act theory the idea of one act counting as another: my act of kneeling at this point in the liturgy counts as my act of humbling myself before God. The two acts are, as it were fused: body and mind together. After some discussion of the good achieved by wo

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Callard, Agnes. Akrasia. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190639488.003.0005.

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The standard analysis of weak-willed (akratic) action is that the agent acts on a reason she acknowledges as weaker than another she could have acted on. I argue that it does not make sense to think that the akratic “adds up” all her reasons and then opts to act on the weaker set. Instead, we must conclude that the akratic is unable to add up the relevant considerations, because she is intrinsically conflicted. Intrinsically conflicted agents inhabit two evaluative perspectives at the same time, but only one of them—the dominant perspective—governs their deliberative activity. The akratic acts

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Poe, Edgar Allan. The Narrative of Arthur Gordon Pym of Nantucket and Related Tales. Edited by J. Gerald Kennedy. Oxford University Press, 2008. http://dx.doi.org/10.1093/owc/9780199540471.001.0001.

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And now I found these fancies creating their own realities, and all imagined horrors crowding upon me in fact. The Narrative of Arthur Gordon Pym is an archetypal American story of escape from home and family which traces a young man's rite of passage through a series of terrible brushes with death during a fateful sea voyage. But it also goes much deeper, as Pym encounters various interpretative dilemmas, at last leaving the reader with a broken-off ending that defies solution. Apart from its violence and mystery, the tale calls attention to the act of writing and to the problem of representi

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Millum, Joseph. The Acquisition of Parental Responsibilities. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190695439.003.0004.

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It is commonly believed that parents have special responsibilities toward their children—weightier duties than they owe other children. How these responsibilities are acquired, however, is not well understood. This is problematic when claims about parental responsibilities are challenged—for example, when people deny that they are morally responsible for their biological offspring. This chapter presents a theory of the origins of parental responsibilities that can resolve such cases of disputed moral parenthood and applies it to the cases of accidental fathers and gamete donation. According to

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Dostoevsky, Fyodor. Crime and Punishment. Edited by Sarah J. Young. Translated by Nicolas Pasternak Slater. Oxford University Press, 2019. http://dx.doi.org/10.1093/owc/9780198709718.001.0001.

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‘One death, in exchange for thousands of lives - it's simple arithmetic!’ A new translation of Dostoevsky's epic masterpiece, Crime and Punishment (1866). The impoverished student Raskolnikov decides to free himself from debt by killing an old moneylender, an act he sees as elevating himself above conventional morality. Like Napoleon he will assert his will and his crime will be justified by its elimination of ‘vermin’ for the sake of the greater good. But Raskolnikov is torn apart by fear, guilt, and a growing conscience under the influence of his love for Sonya. Meanwhile the police detectiv

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Maros, Marlyna, and Azianura Hani Shaari. Cultural values in Malay speech acts. UUM Press, 2019. http://dx.doi.org/10.32890/9789672210986.

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How do members of the new generation praise each other? Do they still adhere to the communication strategies prescribed in their traditional cultural values or modernization has played a role in initiating changes in peoples linguistic behavior?The book addresses the changes in the cultural values that have emerged in the speech acts of compliments and compliment responses of native speakers of Malay in Malaysia. In the field of sociolinguistics, the discussion provides insights into the current practices of the Malay speech acts and linguistic identity among the speakers, especially after 60

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Brandsma, Gijs Jan, and Jens Blom-Hansen. Theorizing Delegation and Control Regimes in the EU. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198767909.003.0002.

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This chapter presents the book’s theoretical argument. Building on the delegation literature and principal-agent theory, it argues that legislative principals delegate to reduce transaction costs. However, they delegate with hesitance because they fear that delegated powers may be used for unintended purposes. This dilemma between efficiency and control is partly resolved by installing monitoring mechanisms. However, since control implies influence on future decisions to be made by the agent, the principals are likely to disagree on their exact design. There is therefore a ‘multiple principals

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Smedley, Julia, Finlay Dick, and Steven Sadhra. Environmental legislation. Oxford University Press, 2013. http://dx.doi.org/10.1093/med/9780199651627.003.0028.

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Environmental Protection Act 1990 586The Environment Agency 588Control of Major Accident Hazards Regulations 1999 590Environmental impact assessment 592The Environmental Protection Act 1990 aimed to improve control of pollution arising from industrial processes by integrating pollution control (IPC). It represents the most recent in a series of laws that began with the Alkali Acts in the Nineteenth century. This legislation covers air, water, and soil pollution, and also covers the release of genetically modified organisms. The Act gave the Secretary of State power to prescribe substances subj

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Bolens, Guillemette. Relevance Theory and Kinesic Analysis in Don Quixote and Madame Bovary. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198794776.003.0004.

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Relevance in acts of communication is a focus in both Cervantes’s Don Quixote and Flaubert’s Madame Bovary, and it operates on two levels. One level corresponds to interactions between characters in the plot, the other to readers’ reception of the overarching utterance constituting the literary work. The chapter addresses both levels while linking relevance theory to kinesic analysis, in order to account for some of the cognitive processes activated in literary reception when we understand complex kinesic information (movements, postures, gaits, gestural interactions). While relevance theory h

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James, Henry. The Aspern Papers and Other Stories. Edited by Adrian Poole. Oxford University Press, 2013. http://dx.doi.org/10.1093/owc/9780199639878.001.0001.

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There's no baseness I wouldn't commit for Jeffrey Aspern's sake.’ The poet Aspern, long since dead, has left behind some private papers. They are jealously guarded by an old lady, once his mistress and muse, a recluse in an old palazzo in Venice, tended by her ingenuous niece. A predatory critic is determined to seize them. What can he make of the younger woman? What are his motives? What are the papers worth and what is he prepared to pay? In all four stories collected here, including ‘The Death of the Lion’, ‘The Figure in the Carpet’, and ‘The Birthplace’, the figure of the artist is centra

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Tolstoy, Leo, and Amy Mandelker. War and Peace. Translated by Louise and Aylmer Maude. Oxford University Press, 2010. http://dx.doi.org/10.1093/owc/9780199232765.001.0001.

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If life could write, it would write like Tolstoy.’ Isaac Babel Tolstoy’s epic masterpiece intertwines the lives of private and public individuals during the time of the Napoleonic wars and the French invasion of Russia. The fortunes of the Rostovs and the Bolkonskys, of Pierre, Natasha, and Andrei, are intimately connected with the national history that is played out in parallel with their lives. Balls and soirées alternate with councils of war and the machinations of statesmen and generals, scenes of violent battles with everyday human passions in a work whose extraordinary imaginative power

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Henry, Rosita. Veiled commands: anthropological perspectives on directives. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198803225.003.0015.

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The great diversity of command strategies that can be found cross-linguistically provides rich comparative material for consideration by speech act theorists and other linguistic philosophers. Speech act theory has generated productive debates on how illocutionary acts such as commands are situated in context, and the relationship between speech action, power relations, politics, and diplomacy. This chapter concerns the way culturally specific strategies for authority, politeness, and diplomacy are encoded in how people deliver directives to others. The focus is on veiled commands, especially

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Dashwood, Alan. EU Acts and Member State Acts in the Negotiation, Conclusion, and Implementation of International Agreements. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198817468.003.0008.

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The new institutional balance resulting from the Treaty of Lisbon is being tested nowhere as sharply as in the field of the exercise of the EU’s powers of external action. There is a wealth of recent litigation clarifying aspects of the procedural code, now set out in Article 218 TFEU, which governs the negotiation, conclusion, and implementation of international agreements concluded on behalf of the EU. This chapter explores issues connected with the adoption of acts within the framework of Article 218, including the designation of the Union negotiator, the choice of legal basis for decisions

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Scudder, Mary F. Beyond Empathy and Inclusion. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780197535455.001.0001.

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Beyond Empathy and Inclusion: The Challenge of Listening in Democratic Deliberation considers how to improve democracy under the politically divided conditions we currently face. The book argues that while democracy does not require that citizens reach an agreement, it does require that they listen to one another. The book goes on to offer a systematic theory of listening acts to explain the democratic force of listening. Modeled after speech act theory, Scudder’s listening act theory shows how we do something in listening, independent of the outcomes of listening. In listening to our fellow c

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Wiltschko, Martina. Ergative Constellations in the Structure of Speech Acts. Edited by Jessica Coon, Diane Massam, and Lisa Demena Travis. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780198739371.013.18.

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It is widely assumed that ergativity is not a primitive phenomenon but derives from a constellation of properties. This chapter demonstrates that we find similar structural constellations in the layer of structure where speech act relations are introduced. In particular, it is argued that speech act structure consists of a grounding layer, where the speaker’s or the addressee’s commitment towards the proposition are encoded. The second layer of SA-structure is dedicated to the response system of language: e.g., what the speaker wants the addressee to do with the utterance. Each of these layers

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Charles T, Kotuby, and Sobota Luke A. Ch.2 Modern Applications of the General Principles of Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780190642709.003.0002.

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The purpose of this chapter is to define the general principles of law as they have been applied in national courts and international tribunals. For instance, the very concept of the law requires good faith adherence to contractual obligations (pacta sunt servanda) and the good faith exercise of legal rights. States as well as private parties are also precluded from contradicting their actions (estoppel) or abusing their rights, thereby defeating the legitimate expectations of another. Nor may they benefit from their own wrong or be unjustly enriched at another’s expense. All parties are liabl

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Hugh, Beale, Bridge Michael, Gullifer Louise, and Lomnicka Eva. Part VII Criticism and Law Reform Proposals, 23 Criticism and Reform Proposals. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198795568.003.0023.

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This chapter discusses how aspects of law governing security over personal property, and especially the registration requirements for company charges and for bills of sale and the rules of priority, have been criticized for many years. There has been a series of reports recommending reform; some of these have recommended amendments to the Companies Act and the rules of priority of charges registered under the Act. Meanwhile, others have proposed more radical reforms that would replace both the Companies Act and the Bills of Sale Acts with a ‘notice filing’ scheme based on Article 9 of the Unit

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Midtgaard, Søren Flinch. Paternalism. Oxford University Press, 2016. http://dx.doi.org/10.1093/acrefore/9780190228637.013.201.

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In the standard view, A acts paternalistically toward B if and only if: (i) A restricts B’s liberty, (ii) A acts against B’s will, (iii) A acts for B’s own good. For example, the state may tax or prohibit smoking in the interest of citizens’ health in circumstances in which such measures are resisted by them or some of them. Telling counterexamples have been produced to each of these conditions. In the revised view, A acts paternalistically toward B if and only if: (i) A acts so as to influence B by the use of means other than rational persuasion; (ii) A does not regard B’s will as structurall

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Thomas, Krebs. Ch.2 Formation and authority of agents, s.2: Authority of agents, Art.2.2.5. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0044.

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This commentary focuses on Article 2.2.5 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning agents acting without, or exceeding their, authority. Art 2.2.5 stipulates that where an agent acts without authority or exceeds its authority, its acts do not affect the legal relations between the principal and the third party. However, where the principal causes the third party reasonably to believe that the agent has authority to act on behalf of the principal and that the agent is acting within the scope of that authority, the principal may not invoke against the thi

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Spracklen, Karl. Developing a Cultural Theory of Music Making and Leisure. Edited by Roger Mantie and Gareth Dylan Smith. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780190244705.013.2.

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People listen to music in their leisure time, in leisure spaces, as a supposedly free act of agency. Yet social and cultural theorists show that leisure choices and spaces are constrained by hegemonic power, and that cultural forms such as music are products of commodification. This chapter explores these key claims for the use of music and the consumption of music in leisure spaces. It uses the work of Baudrillard on simulacra to explore the potential meaning and purpose of music in the lives of makers, listeners and fans—as a key device in constructing alternative hyperrealities to the capit

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Nick, Gallus. 2 Temporal Jurisdiction over Acts Outside the Period that the Obligation Allegedly Breached is in Force. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198791676.003.0002.

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This chapter considers what powers tribunals have over acts before the entry into force of the obligation that is alleged to be breached. While few states have expressly addressed this issue when conferring jurisdiction on a tribunal, the chapter explains that tribunals have broadly agreed that general principles of law, and possibly customary international law, prevent them from finding a breach of an obligation through an act before the obligation entered into force unless they have been directed otherwise.

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