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1

1958-, Campbell David, ed. The relational theory of contract: Selected works of Ian MacNeil. Sweet & Maxwell, 2001.

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service), SpringerLink (Online, ed. Relational Supply Contracts: Optimal Concessions in Return Policies for Continuous Quality Improvements. Springer-Verlag Berlin Heidelberg, 2010.

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3

Geoff, Dench, ed. Rewriting the sexual contract. Transaction, 1999.

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4

Nordmann, Charlotte, (1978- ...)., Traduction, Fraisse, Geneviève, (1948- ...)., Préface, and Fassin, Éric, (1959- ...)., Postface, eds. Le contrat sexuel. La Découverte, 2010.

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Harris, J. J. Evangelicals are true ecumenicals!: The theological pilgrimage of the Indian church : a study of contrast : the futility of polarization. Mission Educational Books, 2006.

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Coin, Francesca. Keep the Union at Bay. Edizioni Ca' Foscari, 2018. http://dx.doi.org/10.30687/978-88-6969-222-2.

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In the United States, farm-workers are traditionally excluded from the Fair Labor Standards Act (FLSA) and from the National Labor Relations Act (NLRA) which guarantee basic rights to workers, including the right to organize and engage in collective bargaining. In a sense, farm-workers are confined to a secondary market characterized by substandard wages and labor conditions. This study explores how migrant farm-workers in North Carolina have responded to their labor conditions with a campaign that culminated in the achievement of the first labor contract for guest-workers in US history. Based
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7

Campbell, David, and Ian MacNeil. The Relational Theory of Contract (Modern Legal Studies). Sweet & Maxwell, 2001.

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8

Eisenberg, Melvin A. Relational Contracts. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199731404.003.0054.

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Chapter 54 concerns relational contracts. Classical contract law was implicitly based on a paradigm consisting of a bargain made between strangers transacting on a perfect market, and focused on the static instant of contract formation, rather than dynamic processes such as the evolution of a contractual relationship. Relational-contract theory rejects the stranger-in-a-perfect-market paradigm and the static conception of contract law. Instead, it is based on a paradigm of a contractual transaction between actors who are in an ongoing and dynamic relationship. The identification of relational
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9

(Editor), David Campbell, Hugh Collins (Editor), and John Wightman (Editor), eds. Implicit Dimensions of Contract: Discrete, Relational, and Network Contracts (International Studies in the Theory of Private Law). Hart Publishing (UK), 2003.

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10

Florou, Aikaterini. Contractual Renegotiations and International Investment Arbitration: A Relational Contract Theory Interpretation of Investment Treaties. BRILL, 2020.

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11

Chambers, Clare. The Limitations of Contract. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198744009.003.0004.

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Many theorists defend relationship contracts. Some argue that enforceable relationship contracts should be available alongside existing or reformed state-recognized marriage, and available to either married or unmarried couples. Other theorists argue that relationship contracts are the best sort of legal regulation to replace marriage. It is this latter question that is the subject of this chapter. The chapter contrasts contract and directive models of regulation, and notes that contract appears more compatible with liberty than does directive. However, this appearance is illusory since contra
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12

Repp, Sophie. Contrast. Edited by Caroline Féry and Shinichiro Ishihara. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199642670.013.006.

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This article critically evaluates the notion of contrast and discusses the role that contrast has been claimed to have in grammar. It argues that a precise understanding of grammatical effects of contrast can only be gained if both the contrastive constituents with the kind of alternative set they evoke as well as the discourse relations that connect the discourse segments containing the contrastive constituents are subjected to detailed analysis for their effects on grammar (prosody, morphosyntax). It presents three hypotheses specifying the details for the identification of (a) contrast-rela
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Clark, Gordon L., and Ashby H. B. Monk. Investment Management Contracts. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198793212.003.0006.

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Chapter 6 explores contractual relationships between financial institutions and their service providers. An explanation is given as to how and why these contracts are quite different from those that bind together firms and suppliers in commodity producing industries. Areas of financial management, how their geographical scope is sustained, and how they are governed in relation to the network of service providers within and across markets as vital topics in our research programme are discussed. The chapter provides further information about the standard model of contract, noting its underlying
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14

Campbell, David. Contractual Relations. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780198855156.001.0001.

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Abstract This book demonstrates that economic exchange and legal contract rest on a moral relationship by which each party recognises the autonomy of the other. Through this relationship of mutual recognition, the parties each pursue their legitimate self-interest by the persuasion of the other. Consciousness of this essential relationship is in stark contrast to the alienated belief in solipsistic self-interest that is central to the classical law of contract. Given such belief, it seems justified to take a purely instrumental attitude towards the other party to a contract. But such an attitu
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15

Mills, Charles, and Carole Pateman. Contract and Domination. Polity Press, 2013.

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16

Pateman, Carole, and Charles Mills. Contract and Domination. Polity Press, 2007.

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17

Mills, Charles, and Carole Pateman. Contract and Domination. Polity Press, 2013.

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18

Mills, Charles, and Carole Pateman. Contract and Domination. Polity Press, 2013.

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19

Nelson, David A., and Craig H. Hart. Parenting and Relational Aggression. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190491826.003.0012.

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Many studies have considered whether parents play a role in either promoting or moderating their children’s engagement in relational aggression (also known as indirect or social aggression). This is not surprising, given the consistent parenting correlates of physical aggression in prior research. There is evidence of fairly regular correspondence between children’s relational aggression and their parenting and home environment. We comprehensively consider the range of existing studies that have considered parenting correlates, and we group similar studies together. While most studies have uti
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20

Roderick, Munday. 12 Legal Relations Between Agent and Third Party. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198784685.003.0012.

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This chapter explores the legal relations between the agent and the third party. An agent acting for a disclosed principal (named or unnamed) normally can neither sue nor be sued by the third party on contracts concluded on behalf of that principal. In cases of disclosed agency, the object is to bring principal and third party into direct contractual relations. At this point, the agent customarily drops out of the transaction, neither acquiring rights against the third party nor incurring liability to the third party. There are, however, a number of exceptions to the general rule that an agent
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21

Vesga R., Juan Javier, Rafael Chiuzi, Roberto O. Díaz-Juarbe, et al. La vigencia del contrato psicológico: Aproximaciones teóricas y empíricas desde las Américas. Edited by Carlos-María Alcover. Editorial Universidad Católica de Colombia, 2020. http://dx.doi.org/10.14718/9789585133617.2020.

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The continuous changes that characterize the world of work and labor relations today change in various ways the perceptions, expectations and beliefs of workers and employers regarding the content and fulfillment of their commercial relations. Thus, these perceptions, expectations and beliefs configure psychological contracts which define the framework of the interactions between individuals and organizational agents and influence their attitudes, behaviors and decisions as well. That’s why the psychological contract constitutes a fundamental element for understanding the psychosocial processe
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22

HO, Lusina. Contract Formation in Hong Kong. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808114.003.0010.

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This chapter examines the law on contract formation in Hong Kong which is closely modelled on the English common law but adapts the English solutions to the local context if and when required. The test for ascertaining the parties’ meeting of the minds is objective, the agreement (an offer with a matching acceptance) must be certain, complete, and made with the intention to create legal relations—the latter being presumed to be present in a commercial context and absent in a familial or social context. Offers are freely revocable although the reliance of the offeree is protected in exceptional
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23

Maruska, Jennifer Heeg. Feminist Ontologies, Epistemologies, Methodologies, and Methods in International Relations. Oxford University Press, 2017. http://dx.doi.org/10.1093/acrefore/9780190846626.013.178.

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Feminism operates on various feminist epistemologies, methodologies, and methods. While there is no consensus on how to organize or label these, there are a few generalities that can be drawn between these epistemologies, particularly in the international relations (IR) context. Classifying these epistemologies generally under the umbrella (or in the constellation) of postpositivism makes clear the contrasts between positivist social science and more critical approaches. Moreover, within the many critical approaches in feminist IR are many points of convergence and divergence. Feminist IR theo
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24

Gergen, Kenneth J. Human Essence. Edited by Martijn van Zomeren and John F. Dovidio. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780190247577.013.14.

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This chapter opens with a social constructionist perspective on human essences. As proposed, essences are not given in nature, but constructed within cultural traditions. Thus, the major challenge is not that of “getting it right” about the essence, but generating accounts that may contribute to society. A criterion of reflective pragmatism is proposed in which questions of contribution and critique prevail. In this light the chapter places in critical light the bio-cognitive and neurological explanations of human nature, especially focusing on the ideological and political implications of the
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25

Dixit, Avinash. Relation-Based Governance and Competition. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198812555.003.0015.

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If formal institutions of contract governance are absent or ineffective, traders try to substitute relational governance based on norms and sanctions. However, these alternatives need good information and communication concerning members’ actions; that works well only in relatively small communities. If there are fixed costs, the market has too few firms for perfect competition. The optimum must be a second best, balancing the effectiveness of contract governance and dead-weight loss of monopoly. This chapter explores this idea using a spatial model with monopolistic competition. It is found t
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26

Bruns, Alexander, Yuanshi Bu, Hanno Merkt, et al., eds. Legal Theory and Interpretation in a Dynamic Society. Nomos Verlagsgesellschaft mbH & Co. KG, 2021. http://dx.doi.org/10.5771/9783748925842.

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This volume is a collection of edited papers presented at the occasion of the 7th Seoul-Freiburg Law Faculties Symposium held in Seoul in September 2019. The cooperation and academic exchange between the Law Faculties of the Seoul National University (SNU) and the Albert-Ludwigs-Universität Freiburg keeping alive an old and precious tradition of close relationship between Korean and German law. The 7th Symposium was devoted to “Legal Theory and Interpretation in a Dynamic Society” and covered a broad range of subjects divided in six sections on I. Legal Theory and Interpretation, II. Enterpris
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27

Roderick, Munday. 9 Legal Relations Between Principal and Agent: Rights of the Agent against the Principal. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198784685.003.0009.

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This chapter examines the three principal rights enjoyed by the agent specific to the principal–agent relationship. The first is the agent’s entitlement to remuneration: if it is a term of the contract, the agent will be entitled to remuneration in accordance with what the parties have expressly or impliedly agreed in their contract. Alternatively, the agent may be entitled to recover from the principal on the basis of a quantum meruit. Next is the right to indemnity: regardless of whether or not there is a contract, an agent is entitled to be indemnified for expenses incurred and losses occas
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28

Macdonald, Elizabeth, and Ruth Atkins. Koffman & Macdonald's Law of Contract. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198752844.001.0001.

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Koffman & Macdonald’s Law of Contract provides a clear, academically rigorous, account of the contract law which is written in a style which makes it highly accessible to university students new to legal study. It works from extensive consideration of the significant cases, to provide students with a firm grounding in the way the common law functions. There are chapters on formation, certainty, consideration, promissory estoppel, intention to create legal relations, express and implied terms, classification of terms, the Unfair Contract Terms Act 1977, Unfair Terms in Consumer Contracts, m
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29

Kriegel, Uriah. Intentionality. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198791485.003.0003.

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This chapter argues for two main claims. First, it is argued that, unlike the notion of intentionality central to modern philosophy of mind, Brentano’s notion of intentionality has nothing to do with mental states’ capacity to track elements in the environment; rather, it has to do with a phenomenal feature in virtue of which conscious experiences present something to the subject. Secondly, it is argued that, contrary to common wisdom in Brentano scholarship, there is no real evidence that Brentano took intentionality to be a relation to immanent objects; rather, his mature theory clearly cast
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Smith, Leonard V. Conclusion. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199677177.003.0008.

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This book has sought to deepen the dialogue between history and international relations theory in examining a pivotal moment in the history of international relations. The Paris Peace Conference constituted a historically specific effort to reimagine “the world.” More specifically, it sought to replace anarchy under realism with “sovereignty.” The conference could not live comfortably with the radical liberalism of Wilsonianism, but the international contract made at the time of the armistice with Germany meant that the conference could not live without it. The territorial state and its discon
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31

Mauldin, Erin Stewart. Accelerating Change. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190865177.003.0005.

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Emancipation proved to be a far-reaching ecological event. Whereas the ecological regime of slavery had reinforced extensive land-use practices, the end of slavery weakened them. Freedpeople dedicated less time to erosion control and ditching and used contract negotiations and sharecropping arrangements to avoid working in a centrally directed gang. Understandably, freedpeople preferred to direct their own labor on an individual plot of land. The eventual proliferation of share-based or tenant contracts encouraged the physical reorganization of plantations. The combination of these two progres
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32

Dignam, Alan, and John Lowry. 4. Promoters and pre-incorporation contracts. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198753285.003.0259.

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Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter focuses on one area where the motives of ‘promoters’ (that is, those who form a company) are relevant to the legal aspects of certain activities carried out in the company’s name, especially when they enter into contracts for the company prior to its formal registration. After defining the term ‘promoter’, the chapter discusses the fiduciary duties of promoters and the range of remedies available to the company against a p
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Dignam, Alan, and John Lowry. 4. Promoters and pre-incorporation contracts. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811831.003.0004.

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Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter focuses on one area where the motives of ‘promoters’ (that is, those who form a company) are relevant to the legal aspects of certain activities carried out in the company’s name, especially when they enter into contracts for the company prior to its formal registration. After defining the term ‘promoter’, the chapter discusses the fiduciary duties of promoters and the range of remedies available to the company against a p
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34

Rudolph, Elisabeth. Contrast: Adversative and Concessive Relations and Their Expressions in English, German, Spanish, Portuguese on Sentence and Text Level (Research in Text Theory). Walter de Gruyter, 1996.

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35

Lenz, Tobias. Interorganizational Diffusion in International Relations. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198823827.001.0001.

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How and under what conditions does the European Union (EU) shape processes of institution building in other regional organizations? This book develops and tests a theory of interorganizational diffusion in international relations that explains how successful pioneer organizations shape institutional choices in other organizations by affecting the institutional preferences and bargaining strategies of national governments. The author argues that Europe’s foremost regional organization systematically affects institution building abroad, but that such influence varies across different types of or
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36

Atkins, Ruth. Koffman, Macdonald & Atkins' Law of Contract. 10th ed. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780198860907.001.0001.

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Koffman, Macdonald & Atkins’ Law of Contract provides a clear, academically rigorous, account of the contract law which is written in a style which makes it highly accessible to university students new to legal study. It works from extensive consideration of the significant cases, to provide students with a firm grounding in the way the common law functions. There are chapters on formation, certainty, consideration, promissory estoppel, intention to create legal relations, express and implied terms, classification of terms, exemption clauses, the Unfair Contract Terms Act 1977, unfair term
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37

Bensusan, Hilan. Indexicalism. Edinburgh University Press, 2021. http://dx.doi.org/10.3366/edinburgh/9781474480291.001.0001.

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Indexicalism: Realism and the Metaphysics of Paradox provides an account of what is real as being ultimately indexical. As a consequence, substantive descriptions have an implicit indexicality to them. This situated metaphysics emerges from a reading together of Emmanuel Levinas and Alfred N. Whitehead informed both by work on demonstratives in the philosophy of language and by some tenets of Amerinidian perspectivism. The recommended indexicalist metaphysics of the others is a paradoxico-metaphysics which is simultaneously a metaphysics – according to which things are ultimately indexical – a
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38

Dignam, Alan, and John Lowry. 8. The constitution of the company: dealing with insiders. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198753285.003.0668.

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Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the constitution of the company, with emphasis on the articles of association. It first outlines the operation of the memorandum and the articles before turning to the law surrounding the contract of membership under s 33 of the Companies Act 2006. It then considers some elements of corporate theory in relation to the articles of association, contract between the company and the members, contract between the memb
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Dignam, Alan, and John Lowry. 8. The constitution of the company: dealing with insiders. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811831.003.0008.

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Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the constitution of the company, with emphasis on the articles of association. It first outlines the operation of the memorandum and the articles before turning to the law surrounding the contract of membership under s 33 of the Companies Act 2006. It then considers some elements of corporate theory in relation to the articles of association, contract between the company and the members, contract between the memb
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40

Gardner, John. Something Came Between Us. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198818755.003.0002.

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This chapter explores the sense in which the duties of the law of torts and the law of contract may be said to be ‘relational’. It takes a stand against the hyper-relationalism of many writings on private law, and the hypo-relationalism of others. It does so in two moves. First, it introduces the idea of a ‘strictly relational’ duty, which is a duty that one has for the reason that one is in a certain relationship. The second move goes further to argue that private law duties need not be and often are not strictly relational. They are only ‘loosely relational’. The distinction between these mo
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41

Zakhatsev, S. I., D. V. Maslennikov, and V. P. Salnikov. The Logos of law: Parmenides - Hegel - Dostoevsky. On the Speculative and Logical Foundations of the Metaphysics of Law. Europe books, 2021. http://dx.doi.org/10.17513/np.490.

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The monograph studies the relation between the "first philosophy" as the doctrine about the unity of thinking and existence, on one hand, and the philosophy of law as a specialised philosophical science, on the other. This paper explores the methodological and general theoretical foundations for the interpreting of the classical philosophy of law, the problems of monism and dualism in the justification of the theory of law, the relations between law and morality, law and religion, and the Absolute in law. The notion of absolute freedom as a paradigm of the classical German philosophical and le
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42

Lebow, Richard Ned. Evolution, Adaptation, and Imitation in International Relations. Oxford University Press, 2017. http://dx.doi.org/10.1093/acrefore/9780190228637.013.322.

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Evolution, as a biological process and a metaphor, has utility in our understanding of international relations. The former is largely inapplicable for obvious, conceptual, and empirical reasons; but the latter is more promising, though those who use it must be explicit about its limitations. There must be considerations on how evolution contrasts with conscious adaption and imitation, on the argument for the need to distinguish among them analytically and empirically, and on the further exploration of the different conditions in which these other two mechanisms might be relevant.
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43

Spears, Russell, Martin Lea, and Tom Postmes. Computer-mediated communication and social identity. Edited by Adam N. Joinson, Katelyn Y. A. McKenna, Tom Postmes, and Ulf-Dietrich Reips. Oxford University Press, 2012. http://dx.doi.org/10.1093/oxfordhb/9780199561803.013.0017.

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This article argues that social identities not only populate computer-mediated communication (CMC) and the Internet, but they often thrive there, both by designation (of identity: the cognitive dimension) and by design (the strategic dimension in which identities and their agendas are contested). This means that far from being eliminated in CMC, the group and its effects often shine through in CMC (intragroup cohesiveness and conformity, intergroup contrast, and competition). In terms of status and power differentials this can mean that the power and status relations associated with categories
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44

Tanaka, Shin’ichi. The relation between L2 perception and L1 phonology in Japanese loanwords. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198754930.003.0014.

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This chapter examines how geminates in words from a donor language are borrowed by a recipient language that already has a geminate/singleton contrast. It analyses the loanword adaptation of Italian geminates in Japanese and its relationship to Japanese speakers’ perception of geminates. A corpus study and a perception experiment show that both phonological and phonetic factors affect adaptation patterns. Although Japanese speakers are essentially capable of perceiving geminates in Italian, their adaptation of geminates in actual loanwords is affected by the class of the consonant and the phon
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45

Bradley, Curtis A., ed. The Oxford Handbook of Comparative Foreign Relations Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/oxfordhb/9780190653330.001.0001.

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This book ambitiously seeks to lay the groundwork for a new field of study and teaching known as “comparative foreign relations law.” Comparative foreign relations law compares and contrasts how nations, and also supranational entities such as the European Union, structure their decisions about matters such as entering into and exiting from international agreements, engaging with international institutions, and using military force, as well as how they incorporate treaties and customary international law into their domestic legal systems. The book consists of forty-six chapters, written by lea
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Lu-Adler, Huaping. Conclusion. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190907136.003.0007.

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This chapter summarizes the major findings of the book. It emphasizes once more the importance of a historically as well as philosophically well-informed assessment of Kant’s theory of logic. It then draws out two basic takeaways of the study. One is that there is still much more to explore about Kant’s logic. The other is that we can now reconsider Kant’s place in the history of logic, in terms of the impact of his theory of logic as well as its relation to previous theories. Contrary to standard portrayers, this book proposes that the most profound and deserving legacy of Kant’s theory of lo
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47

Roderick, Munday. 8 Legal Relations Between Principal and Agent: Duties the Agent Owes to his Principal. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198784685.003.0008.

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This chapter describes the duties the agent owes to his principal, which fall into two broad categories. On the one hand, because the majority of agencies will arise out of a contract between principal and agent, the latter will owe well recognized duties at common law—most notably, a duty to perform the mandate with reasonable skill and care. On the other hand, however, equity also wields strong influence over the development of agents’ duties. Therefore, agents have often to be considered both as contracting parties, under customary contractual duties to their principals, and also as fiducia
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48

Banu, Roxana. Legitimacy and Autonomy. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198819844.003.0007.

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This chapter provides an analysis of state-centered and individualistic theories of legitimacy in PrIL and distinguishes them from the relational internationalist perspective. It shows that state-centered theories determined the legitimacy of applying one law or another within interstate relationships. Individualistic theories linked the legitimacy of the applicable law to particular dimensions of political affiliation. By contrast, this chapter shows how relational internationalist authors envisioned different dimensions of legitimacy from both the state-centered and the individualistic posit
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49

Majumdar, Anindita. Mothers and Fathers. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199474363.003.0002.

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What drives the desire to be part of the commercial surrogacy arrangement in India? This chapter seeks to answer this question by looking at an important aspect of transnational commercial surrogacy: informed consent from the commissioning couple and the surrogate mother. A ‘declaration of intent’ by both participants is a mandatory document within the surrogacy contract. What does intention mean? It is not merely a willingness to participate and agree with the modalities of the commercial surrogacy contract, but also to ‘choose’ to be part of it. Within this ‘choice’ and the use of the nomenc
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50

Rex, Ahdar, and Leigh Ian. Part II, 4 Models of Religion–State Relations. Oxford University Press, 2013. http://dx.doi.org/10.1093/acprof:oso/9780199606474.003.0004.

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This chapter surveys the various types of interaction between religion and government. The object is not to posit yet another typology of religion-state relations, but to consider which model or models best advance religious freedom in a liberal state. These models include theocracy, Erastianism, separationism and secularism, religious ‘establishment’, Pluralist models, neutrality models, and the competitive market model. Overall, it is difficult to single out one model of the religion-state relationship as indisputably the best in terms of religious freedom. Several systems — mild establishme
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