Power and selection of contract terms: The case from the Brazilian orange juice sector

ABSTRACT We propose a model to explain how contract terms are selected in the presence of a form of economic power: contract power. The orange juice sector is used to illustrate an analysis that demonstrates the effects of contract power on the economic organization of the sector. We define contract power as the ability to exploit contractual gaps or failures of contractual provisions, which are strategically left incomplete. Empirical evidence from content analysis of antitrust documents supports the logic of contract power in the orange juice sector in three forms: avoiding changes to payment methods from weight to solid contents (quality); using information asymmetries to manipulate indexes that calculate the formula of orange prices; and deliberately harvesting oranges late in order to dehydrate the fruit, which consequently reduces weight and price. The paper contributes to understanding the selection of contract terms and the debate about how antitrust offices can deal with this issue.

Has social justice any legitimacy in Kant's theory of right? The empirical conditions of the legal state as a civil union

This paper aims at shedding light on an obscure point in Kant's theory of the state. It discusses whether Kant's rational theory of the state recognises the fact that certain exceptional social situations, such as the extreme poverty of some parts of the population, could request institutional state support in order to guarantee the attainment of a minimum threshold of civil independence. It has three aims: 1) to show that Kant's Doctrine of Right can offer solutions for the complex relation between economics and politics in our present time; 2) to demonstrate the claim that Kant embraces a pragmatic standpoint when he tackles the social concerns of the state, and so to refute the idea that he argues for an abstract conception of politics; and 3) to suggest that a non-paternalistic theory of rights is not necessarily incompatible with the basic tenets of a welfare state.

Eternal recurrence in a Neo-Kantian context

In this essay, I argue that someone who adopted a falsificationism of the sort that I have attributed to Nietzsche would be attracted to the doctrine of eternal recurrence. For Nietzsche, to think the becoming revealed through the senses means falsifying it through being. But the eternal recurrence offers the possibility of thinking becoming without falsification. I then argue that someone who held Nietzsche's falsificationism would see in human agency a conflict between being and becoming similar to that in empirical judgment. In the light of this conflict only the eternal recurrence would offer the possibility of truly affirming life. I end by discussing how this reading of the eternal recurrence solves a number of puzzles that have bedeviled interpreters.

The essential role of democracy in the Bush Doctrine: the invasions of Iraq and Afghanistan

Everyone knows that democracy played a role in the Bush Doctrine. What not everyone knows is that this role was essential for the doctrine to be put into operation under which the Iraq invasion was prepared and launched. We argue moreover that, even if aggressive, the Bush doctrine is compatible with the American Liberal Tradition. To demonstrate these arguments we analyze the links between democracy, security, and the US national interests as expressed in the pillars of the American foreign policy since the end of Cold War. The consequential belief of the Bush Administration on the positive effect of exporting democracy by the use of force to Afghanistan and Iraq to fight terrorism will be remarked. It will be shown, however, that in the first years of the Bush Administration, among the justifications for the military interventions in the two countries, security reasons prevailed over democratic concerns, although the latter was significantly present since the early hours after September 11. It was only when it became clear that WMDs did not exist in Iraq that the exporting of democracy as the ultimate weapon to fight terrorism grew remarkably and prevailed over security reasons to invade those rogue states. The paper uses quantitative and qualitative content analysis of the speeches of President Bush and his Secretaries of State and Defense.

THE 'TWO TRUTHS' DOCTRINE (SATYADVAYA) AND THE NATURE OF UPĀYA IN NĀGĀRJUNA

ABSTRACT The objective of this article is to contribute to the understanding of Nāgārjuna's 'two truths' doctrine (satyadvaya) as presented in the Mūlamadhyamakakārikā ("The Fundamental Verses of the Middle Path") (XXIV.8-10). For that purpose, we argue that 'two truths' doctrine the basic structural framework for the operational functionality of upāya of upāya (lit., 'skilful means'), perhaps the most important epistemological/pedagogical notion of Mahāyāna Buddhism.