Little mistress good hope and other fairy tales

UANL

The law and economics of good faith in the civil law of contract

Good faith plays a central role in most legal systems, yet appears to be an intractable concept. This article proposes to analyse it economically as the absence of opportunism in circumstances which lend themselves to it. One of the objectives underlying the law of contract on an economic view is to curtail opportunism. In spelling out what this means, the paper proposes a three-step test: bad faith is present where a substantial informational or other asymmetry exists between the parties, which one of them turns into an undue advantage, considered against the gains both parties could normally expect to realise through the contract, and where loss to the disadvantaged party is so serious as to provoke recourse to expensive self-protection, which significantly raises transactions costs in the market. The three-step test is then used to analyse a set of recent decisions in international commercial transactions and three concepts derived from good faith: fraud, warranty for latent defects and lesion.

The Economics Of Civil Law Contract And Of Good Faith

Prepared for the Symposium in honour of Michael J. Trebilcock, 1-2 October 2009, in Toronto

Praxiology of evil: Thinking about threats and their effectiveness

Comment rationnellement peut-on imaginer les stratégies de menace, si l’on veut influencer les actions d’autrui? Dans cette conférence l’auteur essaie de montrer que les menaces de coercition ne fonctionnent pas dans des situations duelles sans contexte social. Il montre qu’elles fonctionnent seulement si on ajoute des éléments sociaux comme les institutions. En d’autres termes, les menaces efficientes entre sujets rationnels fonctionnent seulement si elles sont confortées par les institutions. C’est une sorte d’argument Hobbésien qui montre que dans l’état de nature le pouvoir social n’existe pas. Le pouvoir social est une construction sociale

Beyond Doing Good: An Interview with Dr. Kirsten Johnson on the Canadian Disaster and Humanitarian Response Training Program

Compte-rendu / Review

Decision‐Making in Public Good Dilemmas: Theory and Agent‐Based Simulation

In many real world contexts individuals find themselves in situations where they have to decide between options of behaviour that serve a collective purpose or behaviours which satisfy one’s private interests, ignoring the collective. In some cases the underlying social dilemma (Dawes, 1980) is solved and we observe collective action (Olson, 1965). In others social mobilisation is unsuccessful. The central topic of social dilemma research is the identification and understanding of mechanisms which yield to the observed cooperation and therefore resolve the social dilemma. It is the purpose of this thesis to contribute this research field for the case of public good dilemmas. To do so, existing work that is relevant to this problem domain is reviewed and a set of mandatory requirements is derived which guide theory and method development of the thesis. In particular, the thesis focusses on dynamic processes of social mobilisation which can foster or inhibit collective action. The basic understanding is that success or failure of the required process of social mobilisation is determined by heterogeneous individual preferences of the members of a providing group, the social structure in which the acting individuals are contained, and the embedding of the individuals in economic, political, biophysical, or other external contexts. To account for these aspects and for the involved dynamics the methodical approach of the thesis is computer simulation, in particular agent-based modelling and simulation of social systems. Particularly conductive are agent models which ground the simulation of human behaviour in suitable psychological theories of action. The thesis develops the action theory HAPPenInGS (Heterogeneous Agents Providing Public Goods) and demonstrates its embedding into different agent-based simulations. The thesis substantiates the particular added value of the methodical approach: Starting out from a theory of individual behaviour, in simulations the emergence of collective patterns of behaviour becomes observable. In addition, the underlying collective dynamics may be scrutinised and assessed by scenario analysis. The results of such experiments reveal insights on processes of social mobilisation which go beyond classical empirical approaches and yield policy recommendations on promising intervention measures in particular.

Caimanes and the Water - Infinite Legal Struggles about a Finite Good

This report is intended to shed more light on the ongoing water struggle in Caimanes, a small urban area in the central northern area of Chile, neighbouring Latin America’s biggest tailings dam. Undoubtedly, the water in Caimanes is running out and the conflict between the opponents of the dam and its owner, a multinational copper enterprise, is getting more and more attention by the national and also international media. In the discussion a judgment of the Chilean Supreme Court from last October plays a central role, because it is said to have granted the people from Caimanes their right to water. After a short introduction with some details about Camaines and the tailings from the dam El Mauro, the key points of this judgment shall be outlined. The final part of the report is dedicated to various institutional problems of the Chilean resources law and policy that can become virulent for the water supply and the environmental well-being of many other urban areas in the industrialized north of Chile.

Synthesis and Characterization of Magnetic Nanoparticles with High Magnetization and Good Oxidation Resistibility

Magnetic nanoparticles attract increasing attention because of their current and potential biomedical applications, such as, magnetically targeted and controlled drug delivery, magnetic hyperthermia and magnetic extraction. Increased magnetization can lead to improved performance in targeting and retention in drug delivery and a higher efficiency in biomaterials extraction. We reported an approach to synthesize iron contained magnetic nanoparticles with high magnetization and good oxidation resistibility by pyrolysis of iron pentacarbonyl (Fe(CO)[subscript 5]) in methane (CH[subscript 4]). Using the high reactivity of Fe nanoparticles, decomposition of CH[subscript 4] on the Fe nanoparticles leads to the formation of nanocrystalline iron carbides at a temperature below 260°C. Structural investigation indicated that the as-synthesized nanoparticles contained crystalline bcc Fe, iron carbides and spinel iron oxide. The Mössbauer and DSC results testified that the as-synthesized nanoparticle contained three crystalline iron carbide phases, which converted to Fe[subscript 3]C after a heat treatment. Surface analysis suggested that the as-synthesized and subsequently heated iron-iron carbide particles were coated by iron oxide, which originated from oxidization of surface Fe atoms. The heat-treated nanoparticles exhibited a magnetization of 160 emu/g, which is two times of that of currently used spinel iron oxide nanoparticles. After heating in an acidic solution with a pH value of 5 at 60°C for 20 h, the nanoparticles retained 90 percentage of the magnetization.