David Hume and contractualism

David Hume belonged to the consecuencialist philosophical tendency, in which is included utilitarianism. This tendency was opposed to the normativism philosophy, in which is enrolled contractualism. This article analyzes the critique made by David Hume, from the utilitarianism perspective, against contractualism. The major philosophers of contractualism are Thomas Hobbes, John Locke and Jean Jacques Rousseau. Hume implemented three arguments in opposition to them: 1) historic: the social contract does not have any practical testing. Therefore it could not be presented as the foundation of the state; 2) philosophical: it is not the duty, but the interest that moves men to seek the formation of the political authority; 3) social: in the consciousness of the people, there is no trace of the social contract.Utilitarianism was one of the philosophical tendencies that finished the theoretical hegemony that contractualism had during the XVII and the XVIII centuries. Nonetheless from the historical and social point of view, the liberalization movements in many parts of the world, at that time, were inspired by contractualism. It means that from the theoretical point of view, utilitarianism, certainly, stressed the empirical origins of the state but not the rational justification of the political Authority. Hume was unable to understand the normative force that contractualism owns, which inspires human action.

How Do Young People Talk About Relationships?

Interpersonal relationships are important for young people’s social, emotional and mental wellbeing. Educational Psychologists in their work with children, young people and families play a role in promoting the social, emotional and mental wellbeing of young people. A review of previous literature suggested that young people’s voice is missing from much of the research about relationships. This research is positioned within an ontological perspective of social constructionism. It aimed to explore ways in which a group of Year 8 students used their language to talk about relationships; what meaning they drew from them, who they have relationships with and what is important about them. 13 Year 8 students participated in the study and their views were explored using semi-structured interviews. Data gathered was then scrutinised using a discourse analysis technique. Three broad discourses were drawn upon by participants: ‘Social Contract’, ‘Interpersonal Aspects’ and ‘Relationship Diversity’. Within each of these there were smaller sub-discourses and interpretive repertoires drawn upon by participants to convey action and function within their talk. Participants considered relationships as very important, though they rejected the notion of a single construct of relationships, choosing instead to draw upon relationships with different people as different types of relationship. Friendship was the primary type of relationship which young people spoke about, however, they often constructed their discourse to undermine the importance of these friendships. The research findings were incorporated within the wider literature and relevant links have been drawn between the study and psychological theories. Implications for the work of Educational Psychologists were also discussed, in terms of utilising relationships for interventions and supporting those working with young people to consider young people’s views and meaning making about relationships.

Valued tradition? Armed policing in the UK

The traditional social “contract” in the UK mainland between the public and the police involves the ideal of an unarmed police service. In recent years while the public have accepted the more visible role of specialist armed officers on security duties in airports and strategic positions, the majority of officers remain unarmed. Following 7/7 in London and the Derrick Bird case in Cumbria there have been media calls for more police officers to be armed on a routine basis .This would fundamentally change the social contract and the relationship with the British public. The principle of policing by consent and the idea of the citizen in uniform are the fundamental tenets of British policing .Historically the only forces in the UK which are routinely armed are the Police Service of Northern Ireland in Northern Ireland, the Ministry of Defence Police and the Civil Nuclear Constabulary. In contrast all major police forces in Europe, as well as the US, Canada and Australia routinely carry firearms, the exceptions apart from Britain, are the Irish Republic, and New Zealand. In Norway officers carry arms in their cars but not on their person. Every time unarmed police officers are killed, as with the tragic case of Nicola Hughes and Fiona Bone killed in the line of duty in Manchester in 2013, the question of arming the British Police is raised.So does the current balance protect the public and safeguard officers or does it fail to satisfy either. Is the current balance between unarmed and armed police in the UK suitable for the 21st Century? There appears to be competing agendas for the Police to contend with. These have been illustrated by recent controversy in Scotland about a standing authority which allowed a small number of officers to carry guns while on routine patrol .Politicians and community leaders attacked the nationwide roll-out of officers with a standing authority to carry guns on routine patrols since the formation of Scotland’s single police force. The Forces armed police monitoring group recommended keeping the standing authority in place after it was given intelligence on serious organised crime groups in 2014.The Inspectorate of Constabulary in Scotland (HMICS) in its review of the authority (2014) said the operational need for the authority is justified by national intelligence and threat levels.

Família, escola e comunidade: o papel das associações de pais e encarregados de educação no agrupamento vertical das escolas da Junqueira

Dissertação de Mestrado em Intervenção Comunitária - Especialização em Contextos de Risco, apresentada à Escola Superior de Educação de Paula Frassinetti

Gender and Citizenship under New Labour

Abstract To what extent has citizenship been transformed under the New Labour government to include women as equal citizens? This chapter will examine New Labour’s record in terms of alternative conceptions of citizenship: a model based on equal obligations to paid work, a model based on recognising care and gender difference, and a model of universal citizenship, underpinning equal expectations of care work and paid work with rights to the resources needed for individuals to combine both. It will argue that, while New Labour has signed up to the EU resolution on work-life balance, which includes commitment to a ‘new social contract on gender’, and has significantly increased resources for care, obligations to work are at the heart of New Labour ideas of citizenship, with work conceived as paid employment: policies in practice have done more to bring women into employment than men into care. Women’s citizenship is still undermined – though less than under earlier governments - by these unequal obligations and their consequences in social rights.

Estado Islámico: erosión de la estatalidad en Iraq y Siria y la aparición de una estatalidad paralela desde la proclamación del Califato hasta la caída de Kobane

El interés de este estudio de caso es analizar la naturaleza del Estado Islámico y su impacto en la estatalidad y soberanía de Iraq y Siria. Se estudia y explica cómo ha sido la evolución y expansión del Estado Islámico y el impacto que este proceso ha tenido sobre Iraq y Siria generando de esta manera la aparición de una estatalidad paralela a través de la construcción de un aparato institucional por parte del Estado Islámico, lo que contribuye al desarrollo de un “para-estado”. Siguiendo la línea argumentativa, finalmente se demuestra que en la evolución del Estado Islámico se logra crear una forma primitiva de Estado, adquiriendo poco a poco niveles de estatalidad, lo que lleva a que los Estados de Iraq y Siria pierdan atributos de estatalidad y de un Estado soberano.

Las reformas emprendidas en Túnez de la mano del FMI y el BM ¿Precedente para la revolución de los Jazmines?”(1987-2010)

El estallido de la “Revolución de los Jazmines” cuestionó el éxito de un país que por más de dos décadas fue exaltado por el Banco Mundial (BM) y el Fondo Monetario Internacional (FMI) por los logros alcanzados gracias a un programa de restructuración económica. Las exigencias e inconformidades de los manifestantes, que iban más allá de la falta de garantías democráticas, permitieron ver que el país sufría de problemas estructurales relacionados a los altos niveles de desempleo, la precariedad de la situación laboral y la desigualdad. Esta monografía pretende evaluar el papel que tuvieron las reformas económicas y en general el modelo de desarrollo que siguió Túnez de la mano del FMI y el BM, en el surgimiento y consolidación de las condiciones que dieron lugar a la Revolución de los Jazmines a finales del año 2010.

The Maori social science academy and evidence-based policy

This paper focuses on recent moves to forge stronger linkages between the Māori social science academy and the policy industry. A critical appraisal of this development is offered, with particular attention given to the desirability of enhancing the academy’s role in the policy process, given the policy industry’s continued privileging of Eurocentric theory and research methodologies within the developing evidence-based environment. The paper ends with a discussion of the possibilities and problems associated with engagement with the policy industry, particularly as these relate to the various roles members can (or are forced to) take; either as ‘insiders’ (such as policy workers and contract researchers), or independent, critical ‘outsiders’. The author concludes that the best that insiders can hope for are incremental, largely ineffective changes to Māori policy, while independent members of the academy are best placed to speak on behalf of Māori, Māori communities, hapu and iwi.

Investigating the dynamics of the psychological contract : how and why individuals' contract beliefs change

The overall objective of this thesis is to explore how and why the content of individuals' psychological contracts changes over time. The contract is generally understood as "individual beliefs, shaped by the organisation, regarding the terms of an exchange agreement between individuals and their organisation" (Rousseau, 1995, p. 9). With an overall study sampling frame of 320 graduate organisational newcomers, a mixed method longitudinal research design comprised of three sequential, inter-related studies is employed in order to capture the change process. From the 15 semi-structured interviews conducted in Study 1, the key findings included identifying a relatively high degree of mutuality between employees' and their managers' reciprocal contract beliefs around the time of organisational entry. Also, at this time, individuals had developed specific components of their contract content through a mix of social network information (regarding broader employment expectations) and perceptions of various elements of their particular organisation's reputation (for more firm-specific expectations). Study 2 utilised a four-wave survey approach (available to the full sampling frame) over the 14 months following organisational entry to explore the 'shape' of individuals' contract change trajectories and the role of four theorised change predictors in driving these trajectories. The predictors represented an organisational-level informational cue (perceptions of corporate reputation), a dyadic-level informational cue (perceptions of manager-employee relationship quality) and two individual difference variables (affect and hardiness). Through the use of individual growth modelling, the findings showed differences in the general change patterns across contract content components of perceived employer (exhibiting generally quadratic change patterns) and employee (exhibiting generally no-change patterns) obligations. Further, individuals differentially used the predictor variables to construct beliefs about specific contract content. While both organisational- and dyadic-level cues were focused upon to construct employer obligation beliefs, organisational-level cues and individual difference variables were focused upon to construct employee obligation beliefs. Through undertaking 26 semi-structured interviews, Study 3 focused upon gaining a richer understanding of why participants' contracts changed, or otherwise, over the study period, with a particular focus upon the roles of breach and violation. Breach refers to an employee's perception that an employer obligation has not been met and violation refers to the negative and affective employee reactions which may ensue following a breach. The main contribution of these findings was identifying that subsequent to a breach or violation event a range of 'remediation effects' could be activated by employees which, depending upon their effectiveness, served to instigate either breach or contract repair or both. These effects mostly instigated broader contract repair and were generally cognitive strategies enacted by an individual to re-evaluate the breach situation and re-focus upon other positive aspects of the employment relationship. As such, the findings offered new evidence for a clear distinction between remedial effects which serve to only repair the breach (and thus the contract) and effects which only repair the contract more broadly; however, when effective, both resulted in individuals again viewing their employment relationships positively. Overall, in response to the overarching research question of this thesis, how and why individuals' psychological contract beliefs change, individuals do indeed draw upon various information sources, particularly at the organisational-level, as cues or guides in shaping their contract content. Further, the 'shapes' of the changes in beliefs about employer and employee obligations generally follow different, and not necessarily linear, trajectories over time. Finally, both breach and violation and also remedial actions, which address these occurrences either by remedying the breach itself (and thus the contract) or the contract only, play central roles in guiding individuals' contract changes to greater or lesser degrees. The findings from the thesis provide both academics and practitioners with greater insights into how employees construct their contract beliefs over time, the salient informational cues used to do this and how the effects of breach and violation can be mitigated through creating an environment which facilitates the use of effective remediation strategies.

Lessons from a face-to-face meeting on embedding Aboriginal and Torres Strait Islander perspectives : ‘A contract of intimacy’

This paper presents the findings from a conversation between an Aboriginal educator and a non-Indigenous pre-service educator about the importance and complexities of building productive partnerships. Although the participants focused on the challenges and benefits of building relationships between Aboriginal and Torres Strait Islander educators and non-Indigenous educators in Australian early years settings, the more significant outcome of the meeting was the personal connection two young women were able to make when a friendship began to develop. The project was intended to enable an opportunity for the participants ‘to engage in reflexivity on their pedagogic work’, something Mills (2012) understands as crucial to the support of social justice and transformation in the classroom.

Social and cultural drivers of incentive effectiveness in infrastructure projects

Formal incentives systems aim to encourage improved performance by offering a reward for the achievement of project-specific goals. Despite argued benefits of incentive systems on project delivery outcomes, there remains debate over how incentive systems can be designed to encourage the formation of strong project relationships within a complex social system such as an infrastructure project. This challenge is compounded by the increasing emphasis in construction management research on the important mediating influence of technical and organisational context on project performance. In light of this challenge, the research presented in this paper focuses on the design of incentive systems in four infrastructure projects: two road reconstructions in the Netherlands and two building constructions in Australia. Based on a motivational theory frame, a cross case analysis is conducted to examine differences and similarities across social and cultural drivers impacting on the effectiveness of the incentive systems in light of infrastructure project context. Despite significant differences in case project characteristics, results indicate the projects’ experience similar social drivers impacting on incentive effectiveness. Significant value across the projects was placed on: varied performance goals and multiple opportunities to across the project team to pursue incentive rewards; fair risk allocation across contract parties; value-driven tender selection; improved design-build integration; and promotion of future work opportunities. However, differences across the contexts were identified. Results suggest future work opportunities were a more powerful social driver in upholding reputation and establishing strong project relationships in the Australian context. On the other hand, the relationship initiatives in the Dutch context seemed to be more broadly embraced resulting in a greater willingness to collaboratively manage project risk. Although there are limitations with this research in drawing generalizations across two sets of case projects, the results provide a strong base to explore the social and cultural influences on incentive effectiveness across different geographical and contextual boundaries in future research.

Shariah perspective on marriage contract and practice in contemporary Muslim societies

Forced marriages are worldwide phenomena and also exist in Pakistani society. It involves the lack of free and full consent of at least one of the parties to a marriage. Mostly, females are victims of forced marriages. It is prevalent in the name of religion in many Muslim countries; however, it is purely a traditional and cultural phenomenon which has nothing to do with religion. Forced marriages are different from arranged marriages in which both parties freely consent to enter into marriage contract and they have no objection on the choice of partner selected by their parents. This study will highlights different forms of forced marriages in Pakistani society.

The Spanish social tariff and renewable energy cooperatives: situation and perspectives

Social tariffs are, along with transfer payments and energy efficiency measures, an instrument to alleviate energy poverty. The name of the Spanish social tariff is “bono social”, and it was established in 2009. To qualify for bono social, the electricity consumer should meet any of the socioeconomic requirements stipulated by law and contract the electricity supply with a “comercializadora de referencia”, companies that are required to offer the bono social by law.Renewable energy cooperatives, a recent phenomenon in Spain, are not comercializadoras de referencia, so they are not obliged to offer the bono social. This does not mean there are no cooperative members at risk of energy poverty or vulnerable consumers.This study has two objectives. The first is to sketch the socioeconomic profile of members of the renewable energy cooperatives. The second is to analyze if these members are entitled to the bono social, or would be to other subsidized prices with different requirements to those of the bono social.For this purpose, we conducted a survey to members of the largest renewable energy cooperative in Spain, Som Energia. The results show that the members of renewable energy cooperatives are exposed to energy poverty risk, although its reach depends on the definition of vulnerable consumer.

Indirect expropriation in concession contract

 The work aims to demonstrate that an indirect expropriation of rights occurs when mining concession agreements are made for subsoil exploitation. The article looks at examples such as when administrative divesture for public utilities or for social interest is decreed to implement projects or environmental works; when any regulation or administrative action is taken determining protected areas or environment control of type; and when environmental control plans are implemented. The indirect expropriation occurs because a conflict exists between general interests and equality principles of the burdens, the contractual right of adherence to agreed upon provisions and the legality of prior legal regulations for the carrying out of such expropriation. 

El fin de la operación minera: implicaciones jurídicas desde lo ambiental y social

Algunos de los efectos ambientales y sociales que se pueden apreciar luego del cierre de una mina son la desaparición de acuíferos, la existencia de aguas superficiales contaminadas con sustancias químicas y la afectación a la salud de las personas que viven cerca de minas abandonadas. Esta investigación busca analizar los principales aspectos jurídicos relacionados con la terminación y cierre definitivo de la operación minera desde el punto de vista social y ambiental. Para ello, se presentan los principales efectos ambientales y sociales de ésta terminación; se mencionan los aspectos jurídicos más relevantes del contrato de concesión minera y de la licencia ambiental; se exponen las obligaciones jurídicas que están a cargo tanto del concesionario minero como de las autoridades competentes respecto del cierre de la mina y el papel que asumen los entes de control frente a la terminación y cierre de la mina. Así mismo, se hace un breve análisis de derecho comparado de la regulación en España y Estados Unidos sobre éste tema. Finalmente, se presentan los resultados de la revisión de los expedientes administrativos que fueron proporcionados por la Agencia Nacional de Minería, en los cuales se determina la aplicación y cumplimiento en la práctica de estas obligaciones jurídicas del concesionario minero al término del contrato. Con base a los resultados obtenidos, se puede concluir, en primer lugar, que las obligaciones a cargo de los concesionarios mineros no están claras por parte de la regulación minera y ambiental; en segundo lugar, que la regulación en cuanto al cierre de minas en España y Estados Unidos es más ordenada, completa y específica y; en tercer lugar, en relación con los expedientes analizados, se puede observar que los concesionarios y las autoridades competentes no están cumpliendo sus respectivas obligaciones.