Tag: Justifying

Free Download Martijn W. Hesselink, "Justifying Contract in Europe: Political Philosophies of European Contract Law "
English | ISBN: 0192843656 | 2021 | 512 pages | PDF | 51 MB
This title explores the normative foundations of European contract law. It addresses fundamental political questions on contract law in Europe from the perspective of leading contemporary political theories. Does the law of contract need a democratic basis? To what extent should it be Europeanised? What justifies the binding force of contract and the main remedies for breach? When should weaker parties be protected? Should market transactions be considered legally void when they are immoral? Which rules of contract law should the parties be free to opt out of? Adopting a critical lens, this book interrogates utilitarian, liberal-egalitarian, libertarian, communitarian, civic republican, and discourse-theoretical political philosophies and analyses the answers they provide to these questions. It also situates these theoretical debates within the context of the political landscape of European contract law and the divergent views expressed by lawmakers, legal academics, and other stakeholders.

Free Download Gijs Kruijtzer, "Justifying Transgression: MUSLIMS, CHRISTIANS, AND THE LAW – 1200 to 1700"
English | ISBN: 3111215903 | 2023 | 384 pages | EPUB, PDF | 9 MB + 100 MB
How do people justify what others see as transgression? Taking that question to the Persian-Muslim and Latin-Christian worlds over the period 1200 to 1700, this book shows that people in both these worlds invested considerable energy in worrying, debating, and writing about proscribed practices. It compares how people in the two worlds came to terms with the proscriptions of sodomy, idolatry, and usury. When historians speak of the gap between premodern practice and the legal theory of the time, they tend to ignore the myriad of justifications that filled this gap. Moreover, a focus on justification evens out many of the contrasts that have been alleged to exist between the two worlds, or the Muslim and Christian worlds more generally. The similarities outweigh the differences in the ways people came to terms with the various rules of divine law. The level of flexibility of the theologians and jurists in charge of divine law varied more over time and by topic than between the two worlds. Both worlds also saw the development of ever more sophisticated justifications. Amid the increasing complexity of justifications, a particular kind of reasoning emerged: that good outcomes are more important than upholding rules for their own sake.

Free Download Justifying Entrepreneurship: A Socio-Economic Emancipatory Strategy
English | 2023 | ISBN: 3031413776 | 399 Pages | PDF EPUB (True) | 4 MB
This book on entrepreneurship, compiles a series of evidence-based episodes from the lives of the marginalized and the minority-oriented entrepreneurs to comprehend whether entrepreneurship is truly a socio-economic emancipatory strategy. Varying experiences of entrepreneurs, from different geographical territories, origins and gender are examined under a critical lens to deconstruct its emancipatory potential and appreciate its power in generating human freedom, equal opportunities, and in uplifting the oppressed and suppressed classes globally. In specific the book explores entrepreneurs located in two geographically diverse regions across the world. The social entrepreneurs in the contested region of Palestine and the black and ethnic entrepreneurial group based in Georgia, United States. The book is a planned and purposeful compilation of raw .e., in terms of emotions and feelings, untold stories of entrepreneurs who have embraced entrepreneurship to eradicate their harsh realities and subsequently emancipate themselves. The book integrates a critical perspective, encompassing a variety of theoretical frameworks such as critical race theory, critical theory, critical realism and different power modalities and philosophies to investigate the emancipatory potential of entrepreneurship and justify it as a socio-economic emancipatory strategy. This book ventures into the murky and dark waters of entrepreneurship by exploring this concept within the black and immigrant communities, as a collective social entrepreneurship reform movement, female entrepreneurship, informal entrepreneurship operating under occupation, to provide detailed insights on bricolage and other complexed economic issues.