A growing good faith in contracts

The Supreme Court of Canada's ruling in Bhasin v Hrynew represents a significant step forward in harmonising the multiple strands of debate surrounding the existence of a good faith provision in common law contracting. Although a general principle of good faith (derived from Roman Law) is recognized by most civil law systems and a growing number of common law countries have embraced statutory provisions towards this end, Bhasin v Hrynew is argued to be a critical advance in catalysing uniform acceptance of good faith as a fundamental principle essential to support an increasingly integrated global commercial environment.

'Somalia lives with me' : Homeland and Religion in the Lives of Finnish Somalis

The purpose of this thesis is to examine Somalis who live in Finland through their memories. These memories are interpreted as subjective experiences emphasizing the significance of the past and religion in these memories. On the other hand, these memories are understood as a part of collective social memory of Somalis. This study also constructs a comparative perspective for practising Islam in Somalia and Finland. The methodological framework is based on theories of social memory, oral history and narrative analysis. The empirical data is collected by interviewing Somalis living in Finland. The interviews were conducted by using the method of half-structured thematic interview. The data consists of seven interviews. The interviewees are in the focus of this study since their experiences are considered as the main sources of information for this study. The empirical data of the study reveals that Somalis have maintained strong relations to Somalia. The relationship to Somalia is mainly constructed on positive memories. Memories from Somalia have acquired a significant role in the lives of the interviewees. Those memories will define their relation to both past and the present. In the context of religious memories, Islam is described as a way of living which provides advice and defines the terms of everyday life. As a part of those religious memories, the transmitting of Islamic and Somali values plays a significant role in the lives of Somalis in Finland. In such transmitting process of the values, the social religious memory has acquired a significant role. In the context of Islam in Finland, the religious education of children is mentioned as one of the most important features of the Islamic faith by the interviewees. In general, the practice of Islam does not create any major problems for the interviewees in Finland. The interviewees describe their practice of Islam quite similar when compared to their religious life in Somalia. The empirical data also points out the fact that the meaning of Islam has not changed after moving to Finland. Keywords: Somalis, Somalia, Islam, oral history, narrative research

Certainty or Faith? Arendt's and Merleau-Ponty's Critique of Cartesian Foundationalism

Epistemological foundationalism has for centuries attempted to unify all scientific inquiry into the context of one grand science, the first philosophy. One of the most important tasks of this tradition has been to ground all knowledge on absolutely certain foundations. In this master s thesis I ask the following question: To what extent and under what conditions is it possible to achieve absolute certainty in the sense of the attempts of Cartesian foundationalism? By examining how the 20th century philosophers, Edmund Husserl (1859-1938), Hannah Arendt (1906-1975) and Maurice Merleau-Ponty (1908-1961) interpret the epistemological methodology of René Descartes, I claim that the Cartesian achievement of absolute certainty rests on the implicit presupposition of an epistemologically prior form of faith in the world and trust (pistis) in other conscious beings. I show that knowledge is possible only within the context of a common world that is inhabited by several conscious beings that share a common linguistic system. This threefold element is shown to be the bedrock condition for any kind of philosophical inquiry. The main literature sources for this thesis are The Life of the Mind by Hannah Arendt, Le Visible et l invisible by Maurice Merleau-Ponty, Meditationes de Prima Philosophiae by René Descartes and Erfahrung und Urteil by Edmund Husserl.

Accountability for good faith in commercial dealing: The Carter v Boehm legacy 250 years on

In common law jurisdictions such as England, Australia, Canada and New Zealand good faith in contracting has long been recognised in specific areas of the law such as insurance law and franchising, and more recently the implied duties of good faith and mutual trust and convenience in employment contracts have generated a considerable volume of case law. Outside of these areas of law that may be characterised as being strongly‘relational’ in character,the courts in common law jurisdictions have been reluctant to embrace a more universal application of good faith in contracting and performance. However increasingly there are cases which support the proposition that there is a common law duty of good faith of general application to all commercial contracts. Most important in this context is the recent decision of the Supreme Court of Canada in Bhasin v Hrynew.1 However, this matter is by no means resolved in all common law jurisdictions. This article looks at the recent case law and literature and at various legislative incursions including statutes, codes of conduct and regulations impacting good faith in commercial dealings.

A Shared European History? Perceptions of Imperialism and Islam in Matriculation Examination Essays and History Textbooks

The European Union (EU) is faced with a continuous decrease in public support. There is a tension between the growing Euroscepticism and the concurrent academic discourse of a shared European identity. Informed and inspired by the current debates, this Master’s Thesis investigates the potential of a shared past to create shared identity. It also addresses the logic of cultural exclusion that is often connected to collective cultural identities. The source material is a combination of exam essays, written as answers to the history tests in the Finnish matriculation examinations of 2005-2008, and upper secondary school history textbooks. From the sources, current perceptions of Islam (as Europe’s Other) and the age of imperialism (as a debated period from Europe’s past) among the youth are studied. Through the analysis the thesis aims to indicate the level of consensus within the pupils’ identification with the past and with Europe. This objective is pursued through examining the pupils’ perceptions of Europe’s past and its relationship to non-European cultures and countries as they are manifested in the essays, and reflecting upon the level of influence that history textbooks as representatives of national hegemonic historical narratives might have on the contents, framings and emphases with and through which the pupils approach, imagine, and reproduce Europe’s past. The approach is based on previous research on the presence of history and the field of textbook research. The theoretical categories with which the sources are analyzed are derived primarily from literature on identity, European integration, history and memory, postcolonial criticism, and theorizations of European identity. Results of the research project suggest that the rhetoric of European superiority, despite its apparent demise, still resonates in contemporary understandings of Europeanness. Dominant perceptions of imperialism comprise of European agency and colonial submission, dominant perceptions of the Islamic world of fundamental difference. Identification with European history among the Finnish youth is rather shallow when examined through perceptions of imperialism; the Islamic world is perceived as Other and its representations are dominated by recent and contemporary international relations.

Las imágenes del Islam y de los musulmanes en la corona de Castilla : construcciones discursivas cristianas (ss. XII-XV)

Resumen: El trabajo que presentamos a continuación tiene como objetivo abordar distintos aspectos sobre la construcción de las imágenes y de las prácticas discursivas que se proyectaron sobre el Islam y los musulmanes en la Castilla medieval. En este sentido, daremos cuenta del contexto mediterráneo y peninsular en la tensión Cristianismo-Islam, así como también de algunas medidas que desde la Iglesia romana se proyectaban sobre los moros. Recogeremos los antecedentes de las polémicas antiislámicas para luego adentrarnos en el universo castellano y ejemplificar estas disputas con algunos escritores cristianos para analizar sus posturas respecto del Islam y la veracidad de su religión.

Una fuente que pudo haber consultado Santo Tomás para conocer el Islam : el Pseudo-Kindi

Sería excesivo afirmar que buena parte de la obra de Santo Tomás haya tenido como trasfondo el combate contra el Islam, pero tampoco puede ignorarse que el contexto histórico-cultural en el cual desarrolla su pensamiento el Aquinate se encuentra fuertemente encuadrado por aquél, tanto por su religión como por su filosofía.

Una testimonianza silenziosa.Storia della Chiesa cattolica in Tunisia dal Trattato del Bardo alla ‘rivoluzione dei gelsomini’

The work examines the change involving the Church in Tunisia from the period of the Protectorate to the present through the fundamental moments of independence (1956) and the signing of the ‘Modus vivendi’ (1964). In the first structure of the “modern” Church, a fundamental role was played by the complex figure of the French Cardinal Charles-Allemand Lavigerie who, while giving strong impulse to setting up disinterested charitable social initiatives by the congregations (Pères Blancs, Soeurs Blanches and others), also represented the ideal of the ‘evangelizing’ (as well as colonial) Church which, despite its declared will to avoid proselytism, almost inevitably tended to slip into it. During the French Protectorate (1881-1956) the ecclesiastic institution concentrated strongly on itself, with little heed for the sensitivity of its host population, and developed its activities as if it were in a European country. From the social standpoint, the Church was mostly involved in teaching, which followed the French model, and health facilities. In the Church only the Pères Blancs missionaries were sincerely committed to promoting awareness of the local context and dialogue with the Muslims. The Catholic clergy in the country linked its religious activity close to the policy of the Protectorate, in the hope of succeeding in returning to the ancient “greatness of the African Church”, as the Eucharistic Congress in Carthage in 1930 made quite clear. The Congress itself planted the first seed in the twentyfive- year struggle that led the Tunisian population to independence in 1956 and the founding of the Republic in 1957. The conquest of independence and the ‘Modus vivendi’ marked a profound change in the situation and led to an inversion of roles: the Catholic community was given the right to exist only on the condition that it should not interfere in Tunisian society. The political project of Bourguiba, who led the Republic from 1957 to 1987, aimed to create a strongly egalitarian society, with a separation between political and religious powers. In particular, in referring to the Church, he appeared as a secularist with no hostility towards the Catholics who were, however, considered as “cooperators”, welcome so long as they were willing to place their skills at the service of the construction of the state. So, in the catholic Community was a tension between the will of being on the side of the country and that of conserving a certain distance from it and not being an integral part of it. In this process of reflection, the role of the Second Vatican Council was fundamental: it spread the idea of a Church open to the world and the other religions, in particular to Islam: the teaching of the Council led the congregations present in the country to accept the new condition. This new Church that emerged from the Council saw some important events in the process of “living together”, of “cultural mixing” and the search for a common ground between different realities. The almost contemporary arrival of Arab bishops raised awareness among the Tunisians of the existence of Christian Arabs and, at the same time, the Catholic community began considering their faith in a different way. In the last twenty years the situation has continued to change. Side by side with the priests present for decades or even those born there, some new congregations have begun to operate, albeit in small numbers: they have certainly revitalized the community of the faithful, but they sometimes appear more devoted to service “within” the Church, than to services for the population, and are thus characterized by exterior manifestations of their religion. This sort of presence has made it possible for Bourguiba's successor, Ben Ali (president from 1987 to 2011), to practice forms of tolerance even more clearly, but always limited to formal relations; the Tunisians are still far from having a real understanding of the Catholic reality, with certain exceptions connected to relations on a personal and not structured plane, as was the case in the previous period. The arrival of a good number of young people from sub-Saharan Africa, most of all students, belonging to the JCAT, and personnel of the BAD has “Africanized” the Church in Tunisia and has brought about an increase in Christians' exterior manifestations; but this is a visibility that is not blatant but discreet, with the implicit risk of the Church continuing to be perceived as a sort of exterior body, alien to the country; nor can we say, lacking proper documentation, how it will be possible to build a bridge between different cultures through the “accompaniment” of Christian wives of Tunisians. Today, the Church is living in a country that has less and less need of it; its presence, in the schools and in health facilities, is extremely reduced. And also in other sectors of social commitment, such as care for the disabled, the number of clergymen involved is quite small. The ‘revolution’ in 2011 and the later developments up to the present have brought about another socio-political change, characterized by a climate of greater freedom, but with as yet undefinable contours. This change in the political climate will inevitable have consequences in Tunisia’s approach to religious and cultural minorities, but it is far too soon to discuss this on the historical and scientific planes.

Faith in the Landscape : Overseas Pilgrimages in 'The Book of Margery Kempe'

Watt, D. (2006). Faith in the Landscape: Overseas Pilgrimages in 'The Book of Margery Kempe'. In C. Lees and G. Overing (Eds.), A Place to Believe In: Locating Medieval Landscapes (pp.170-187). University Park (PA): Pennsylvania State University Press. RAE2008

The strength of Islam / by al-Hajj Khwaja Kamal-ud-din.

http://www.archive.org/details/thestrengthofisl00kamauoft

Five pillars of Islam, by Kh. Kamal-ud-Din ... (From the Islamic review).

http://www.archive.org/details/fivepillarsofisl00kamauoft

For the faith, life of Just de Brenteniáeres, martyred in Korea, March 8, 1866; adapted from the French of C. Appert, by Florence Gilmore.

http://www.archive.org/details/forthefaithlifeo00appeuoft