The making of an ideology of the third way:the evolution of christian democracy in Germany (with special reference to 1945-49)

This study investigates the search for the third way in the history of German Christian Democracy. Today, in the United Kingdom, the 'third way' is seen as a new phenomenon, a synthesis of post-war belief in the welfare state and neo-liberal conservatism. Yet it insufficiently acknowledges that the origins of third way thinking, the marriage of social justice with free market economics, of individualism with collective responsibility, are found in the early philosophies of Catholic Social Theory and Protestant Social Ethical Teaching in Germany. This study shows that in the hundred years from the 1840s to the end of the 1940s, there were Catholic and Protestant socio-ethical thinkers and political reformists in Germany who attempted to bridge the philosophical differences between liberalism and socialism, to develop a socio-economic order based on Christian moral values. It will focus on the period 1945-1949, when the CDU was founded as the first interdenominational, Christian party. The study provides the first comprehensive account of the political debates in Christian democratic groups in the Soviet, British, French and American allied occupied zones, also giving equal attention to the contribution from the Protestant wing, alongside the more widely acknowledged role of Catholics in the birth of the CDU. It examines how Christian Democrats envisaged correcting the aberrations of German history, by uniting all social classes and Christian religions in one all-embracing Volkspartei, and transforming party politics from its earlier obsession with sectarian and ideological interests towards a more pragmatic 'third way' programme. The study argues that through the making of its ideology, the CDU modified the nation's understanding of its history, re-interpreted its traditions, and redefined the meaning and perception of established political philosophies. This reveals how the ambiguity of political terminology, and the flexible practice of 'third way' politics, were an invaluable political resource in the CDU's campaign for unity, ideological legitimisation and political power.

CASENOTES - Fitzkriston LLP v Panayi - Best Rents, Parol leases and Law of Property Act 1925 Section 54(2)

Casenote considers nature of ruling in Fitzkriston v Panayi and its implications for the interpretation of S.54(2) Law of Property Act 1925

Overlapping of legal concepts:classifying the law of trusts

The purpose of this piece is to explain how the trust concept fits the overlapping analysis, presenting an example of why discrete categorisation is often unhelpful in understanding the operation of legal concepts.

The 'law of requisite variety' may assist climate change negotiations:a review of the Kyoto and Durban meetings

Ashby wrote about cybernetics, during which discourse he described a Law that attempts to resolve difficulties arising in complex situations – he suggested using variety to combat complexity. In this paper, we note that the delegates to the UN Framework Convention on Climate Change (UNFCCC) meeting in Kyoto, 1997, were offered a ‘simplifying solution’ to cope with the complexity of discussing multiple pollutants allegedly contributing to ‘climate change’. We assert that the adoption of CO2eq has resulted in imprecise thinking regarding the ‘carbon footprint’ – that is, ‘CO2’ – to the exclusion of other pollutants. We propose, as Ashby might have done, that the CO2eq and other factors within the ‘climate change’ negotiations be disaggregated to allow careful and specific individual solutions to be agreed on each factor. We propose a new permanent and transparent ‘action group’ be in charge of agenda setting and to manage the messy annual meetings. This body would be responsible for achieving accords at these annual meetings, rather than forcing this task on national hosts. We acknowledge the task is daunting and we recommend moving on from Ashby's Law to Beer's Viable Systems approach.

Martingálmértékek és a várható diszkontált jelenérték szabály (Martingale measures and the law of the discounted present value)

A dolgozatban a legegyszerűbb kérdést feszegetjük: Hogyan kell az árakat meghatározni véletlen jövőbeli kifizetések esetén. A tárgyalás némiképpen absztrakt, de a funkcionálanalízis néhány közismert tételén kívül semmilyen más mélyebb matematikai területre nem kell hivatkozni. A dolgozat kérdése, hogy miként indokolható a várható jelenérték szabálya, vagyis hogy minden jövőbeli kifizetés jelen időpontban érvényes ára a jövőbeli kifizetés diszkontált várható értéke. A dologban az egyetlen csavar az, hogy a várható értékhez tartozó valószínűségi mértékről nem tudunk semmit. Csak annyit tudunk, hogy létezik a matematikai pénzügyek legtöbbet hivatkozott fogalma, a misztikus Q mérték. A dolgozat megírásának legfontosabb indoka az volt, hogy megpróbáltam kiiktatni a megengedett portfólió fogalmát a származtatott termékek árazásának elméletéből. Miként közismert, a származtatott termékek árazásának elmélete a fedezés fogalmára épül. (...) ____ In the article the author discusses some problems of the existence of the martingale measure. In continuous time models one should restrict the set of self financing portfolios and introduce the concept of the admissible portfolios. But to define the admissible portfolios one should either define them under the martingale measure or to turn the set of admissible portfolios to a cone which makes the interpretation of the pricing formula difficult.

Human Capital Decisions and Employee Satisfaction at Selected Hotels in India

Understanding the role of human capital is one of the key considerations in delivering and sustaining competitiveness. Managing employees in the hospitality industry is particularly a challenging task as the industry is considered to be labor intensive. High turnover and increasing employee demands are among the problems that are identified as threats to maintaining a strong competitive position. Successful hotels attempt to retain their best employees in an effort to adapt to changing environments and increased competition. Effective hotel human resource systems can produce positive outcomes, through effective employee retention strategies that focus on work force motivation, attitudes and perception. The positive implementation of these strategies can influence and create employee satisfaction. This study aims to focus on the relationship between the mediating variables of motivation, attitudes, perception and their effect on employee satisfaction. These findings are based upon an extensive survey carried out between April 2009 and June 2009 in the small mountainous state of Uttarakhand, located within the Indian sub-continent. Although the area of study is confined to the Kumaon region of Uttarakhand, the authors contend that the findings and implications can be applied to other remote developing tourist destinations in other regions.

Commentary on Copinger's Law of Copyright (1870)

A landmark treatise on the law of copyright, establishing a body of work that still has great relevance for professionals and academics today.
The commentary situates the publication of the treatise in the context of the emerging trends in legal publishing in the mid- to late nineteenth century. It considers Copinger's theoretical approach to the subject of copyright, and explores the significance of the writings and work of two American jurists George Ticknor Curtis and Justice Joseph Story in shaping Copinger's attitude and approach to the copyright regime.

Sports coaching and the law of negligence: implications for coaching practice

The ordinary principles of the law of negligence are applicable in the context of sport, including claims brought against volunteer and professional coaches. Adopting the perspective of the coach, this article intends to raise awareness of the emerging intersection between the law of negligence and sports coaching, by utilising an interdisciplinary analysis designed to better safeguard and reassure coaches mindful of legal liability. Detailed scrutiny of two cases concerning alleged negligent coaching, with complementary discussion of some of the ethical dilemmas facing modern coaches, reinforces the legal duty and obligation of all coaches to adopt objectively reasonable and justifiable coaching practices when interacting with athletes. Problematically, since research suggests that some coaching practice may be underpinned by “entrenched legitimacy” and “uncritical inertia”, it is argued that coach education and training should place a greater emphasis on developing a coach’s awareness and understanding of the evolving legal context in which they discharge the duty of care incumbent upon them.

Materials and cases on the law of the employment relation /

Includes bibliographical references.

Financial and Criminal Responsibility for Public Funds – Protection of the Constitutional Fundamental Social Law of Health

Abstract: The implementation of Fundamental Constitutional Health and Social Rights is necessary, appropriate and proportionate, following the demands of the population. Accountability and self-responsibility play a very important role. This requires the development of constitutional principles that protect public funds against corruption and offer a constitutional right to health protection. Financial and criminal liability might provide an incentive to improve the management of public funds and reinforce fundamental constitutional principles, particularly regarding the right to health. Constitutional, administrative and criminal issues, as well as public management and administration and the science of good governance, should be articulated in a single strategy also in the health sector. In Portugal and Brazil, as examples, the Federal Court / Constitutional Court, the Supreme Court / High Court of Justice or the Court of Auditors should be considered together.

Who is publishing in the Journal of Sociology? an analysis of author trends 1965–2008

This paper presents the author characteristics of papers published in The Australian Sociological Association (TASA) journal, the Journal of Sociology (formerly the Australian and New Zealand Journal of Sociology) between 1965 and 2008. The aim of the paper is empirically to identify trends in authorship. The review examines all articles published in the period (excluding book reviews). The rationale of the study is to reveal trends in who publishes in the journal in terms of authors’ academic rank, gender, institution, and country. A table of those who have published the greatest number of papers is also presented. Findings show that over time the gap between the proportion of males and females publishing has closed; more PhD students and research fellows are publishing in the journal in recent decades; the highest proportion of authors consistently come from the Australian National University and The University of Queensland; and most authors are located in Australia. Information such as this can inform editorial practices and serve to inform the membership and readership on the nature of the journal.