GOOD FAITH

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Good Faith In European Contract Law

Author : Reinhard Zimmermann
ISBN : 0521771900
Genre : Law
File Size : 49.93 MB
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For some Western European legal systems the principle of good faith has proved central to the development of their law of contracts, while in others it has been marginalised or even rejected. This book surveys the use or neglect of good faith.
Category: Law

Judging In Good Faith

Author : Steven J. Burton
ISBN : 0521477409
Genre : Law
File Size : 27.8 MB
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This book is concerned with the ethics of judging in courts of law. Professor Burton analyzes the grounds, content, and force of a judge's legal and moral duties to uphold the law. He defends two primary theses. The first is the good faith thesis, whereby judges are bound in law to uphold the law, even when they have discretion, by acting only on reasons warranted by the conventional law as grounds for judical decisions. The good faith thesis counters the common view that judges are not bound by the law when they exercise discretion. The second is the permissible discretion thesis, whereby, when exercised in good faith, judicial discretion is compatible with the legitimacy of adjudication in a constitutional democracy under the Rule of Law. The permissible discretion thesis counters the view that judges can fulfill their duty to uphold the law only when the law yields determinate results. Together, these two theses provide an original and powerful theory of adjudication in sharp contrast both to conservative theories that would restrict the scope of adjudication unduly, and to leftist critical theories that would liberate judges from the Rule of Law.
Category: Law

Good Faith In Contract And Property

Author : A. D. M. Forte
ISBN : 9781841130477
Genre : Law
File Size : 53.64 MB
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Good faith is already a familiar concept in international commercial law and a recognised principle of substantive law in several major legal systems. In the United Kingdom, however, a role for good faith and, more fundamentally, the issue of whether or not there ought to be a general principle of good faith informing English and Scots contract and property law, are still matters for debate. This book, containing the papers delivered at the Symposium on Good Faith in Contract and Property Law held in Aberdeen University in October 1998, engages in that critical debate. While its central core reflects on good faith from the perspective of a mixed legal system (Scots Law), papers on good faith from an English and European perspective locate the debate, properly, within a broader jurisdictional context.
Category: Law

Good Faith In Contract

Author : Roger Brownsword
ISBN : 1855219255
Genre : Law
File Size : 38.43 MB
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In many legal systems around the world, whether civilian or common law, the doctrine of good faith is recognised as one of the general principles of contract law. By contrast, English law has taken a different approach, relying on a number of specific doctrines aimed at securing fair dealing but eschewing any general principle of good faith in contract. In the light of recent good faith provisions - such as those found in the EC Directives on Commercial Agents and on Unfair Terms in Consumer Contracts, as well as in the Lando Commission's 'Principles of European Contract Law' and the UNIDROIT 'Principles of International Commercial Contracts' - it is open to debate whether the English law of contract can, or indeed should, maintain its traditional approach. The purpose of the essays in this collection is to inform such a debate in two principal ways: first, by drawing out the competing conceptions (and concomitant credentials) of the idea of good faith in contract; and, secondly, by exploring the role of good faith in different contexts - for example, in the context of both consumer and commercial contracting, but also in the context of specific fields of contract law (such as insurance and financial services), particular patterns of doctrinal response to bad faith and unfair dealing and the various traditions of legal reasoning found around the world.
Category: Law

Good Faith Collaboration

Author : Joseph M. Reagle
ISBN : 9780262288705
Genre : Language Arts & Disciplines
File Size : 27.12 MB
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Wikipedia, the online encyclopedia, is built by a community -- a community of Wikipedians who are expected to "assume good faith" when interacting with one another. In Good Faith Collaboration, Joseph Reagle examines this unique collaborative culture. Wikipedia, says Reagle, is not the first effort to create a freely shared, universal encyclopedia; its early twentieth-century ancestors include Paul Otlet's Universal Repository and H. G. Wells's proposal for a World Brain. Both these projects, like Wikipedia, were fuelled by new technology -- which at the time included index cards and microfilm. What distinguishes Wikipedia from these and other more recent ventures is Wikipedia's good-faith collaborative culture, as seen not only in the writing and editing of articles but also in their discussion pages and edit histories. Keeping an open perspective on both knowledge claims and other contributors, Reagle argues, creates an extraordinary collaborative potential. Wikipedia's style of collaborative production has been imitated, analyzed, and satirized. Despite the social unease over its implications for individual autonomy, institutional authority, and the character (and quality) of cultural products, Wikipedia's good-faith collaborative culture has brought us closer than ever to a realization of the century-old pursuit of a universal encyclopedia.
Category: Language Arts & Disciplines

In Good Faith

Author : Jessie Mitchell
ISBN : 9781921862106
Genre : Aboriginal Australians
File Size : 65.52 MB
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In the early decades of the 19th century, Indigenous Australians suffered devastating losses at the hands of British colonists, who largely ignored their sovereignty and even their humanity. At the same time, however, a new wave of Christian humanitarians were arriving in the colonies, troubled by Aboriginal suffering and arguing that colonists had obligations towards the people they had dispossessed. These white philanthropists raised questions which have shaped Australian society ever since. Did Indigenous Australians have rights to land, rationing, education and cultural survival? If so, how should these be guaranteed, and what would people have to give up in return? Would charity and paternalism lead to effective government or dismal failure - to a powerful defence of an oppressed people, or to new forms of oppression? In Good Faith? paints a vivid picture of life on Australia's first missions and protectorate stations, examining the tensions between charity and rights, empathy and imperialism, as well as the intimacy, dependence, resentment and obligations that developed between missionary philanthropists and the people they tried to protect and control. In this work, Mitchell brings to life hitherto neglected moments in Australia's history, and traces the origins of dilemmas still present today.
Category: Aboriginal Australians

In Good Faith

Author : Renate Pratt
ISBN : 9780889206458
Genre : Religion
File Size : 82.86 MB
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In retrospect it is difficult to accept that Western democracies have implicitly supported, or at least tolerated, the legalized system of white supremacy in South Africa known as apartheid. Renate Pratt’s new book, In Good Faith, explains why the Christian churches were among the first to publicly protest, and why they provided such cogent and determined international support for the struggle against apartheid. The Taskforce on the Churches and Corporate Responsibility is a coalition of Christian churches that for nearly twenty years was one of Canada’s leading anti-apartheid advocates. As the first co-ordinator of this Taskforce, Renate Pratt was at the centre of the early anti-apartheid initiatives in Canada and consequently is able to supply a clear and accurate view. The book traces the history of exchanges between the Taskforce and successive ministers and senior civil servants of the Department of External Affairs. It details the reluctant and weak responses offered by the Canadian government and business community right up to the time of Nelson Mandela’s release from prison. In Good Faith will be of particular interest to Canadian Christians concerned with ecumenical co-operation and with the social and political dimensions of their faith. Equally, it will appeal to those interested in the impact of public interest organizations on public policy or the relationship between politics and business interests.
Category: Religion

Good Faith And Other Essays

Author : Joseph S. Catalano
ISBN : 0847680886
Genre : Philosophy
File Size : 28.5 MB
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Noted scholar Joseph S. Catalano here brings together his new work on Sartre's ethics with five of his classic essays on Sartre's moral thought. In an extended opening essay, Catalano uses Sartre's notion of mediation as a means to integrate the entire range of the French philosopher's moral insights. In the second half of the book, Catalano attempts to delineate a viable notion of good faith, and to distinguish between good and bad faith on the one hand and authenticity and inauthenticity on the other hand.
Category: Philosophy

Good Faith In International Law

Author : Robert Kolb
ISBN : 9781509914074
Genre : Law
File Size : 28.69 MB
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There is a great degree of controversy on the proper complexion and role of general principles of law in the international legal order. Opinions range from total rejection of some types of principles to the most enthusiastic endorsement of principles as the necessary oil for the many complex wheels of the legal order. In this book one of the leading public lawyers of his generation explores the concept of good faith and its role in international law. Rather than offer a detailed, comprehensive examination, Kolb aims to map the true points of gravity of the principle of good faith in the international legal order. In so doing, he illustrates how the various legal institutions who operate in the sphere of public international law allow the principle of good faith to unfold.
Category: Law

Good Faith In The Jurisprudence Of The Wto

Author : Marion Panizzon
ISBN : 9781847312778
Genre : Law
File Size : 33.90 MB
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What does the concept of good faith express? This book is the first to discuss what good faith means in international trade law. As a reference guide for scholars and practitioners it analyses the case law of WTO dispute settlement practice. The book describes how, why and when the concept of good faith links the WTO Agreements with other public international norms. The concept of good faith appears frequently in treaties and customary rules, but is most often considered a general principle of law. WTO law uses the corrolaries of pacta sunt servanda, the prohibition of abus de droit and the protection of legitimate expectation alongside the principle of good faith. An analysis of GATT 1947 and WTO case law reveals that the function of good faith varies. The Panel reports and the Appellate Body decisions make different use of it. The Appellate Body is prepared to apply the principle to WTO provisions only, while Panels use it more freely and substantively; that is, they apply good faith to fill lacunae in any of the WTO covered agreements. Also, adjudicators use the principle differently, depending on whether it relates to the agreements covered by the WTO or the procedural law of WTO dispute settlement. As it applies to the former, good faith is used to strike a balance between, on the one hand, the obligation to liberalise trade, and on the other hand, the right to invoke an exception to trade liberalisation for the protection of the environment, culture, public morals, human life or health. In this way, good faith safeguards the gains of multilateral trade liberalisation against unlawful interests such as disguised protectionism. The book also introduces the novel field of WTO procedural law governing trade dispute litigation. In the Dispute Settlement Understanding (DSU), good faith appears in the standard of review, rules of evidence and fact-finding, standing, duty of prior consultation, right of establishment of a panel, ex officio investigations, withdrawal of notices of appeal, and the raising of objections. In all these areas it ensures that the rules of dispute resolution are not abused. The Appellate Body has even gone so far as to derive a new standard from the principle of good faith that demands that disputes are settled fairly, promptly and effectively. Insights into good faith in WTO law are not only important for trade law professionals. Current applications and future operations of the principle are likely to be of strategic value for answering the increasingly pressing question of how WTO law and other international agreements ought to be reconciled.
Category: Law