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The aim of this book is to explore precontractual liability for breaking off negotiations and to discover its theoretical basis, offering an analysis which is detached from problematic notions, such as good faith and abuse of rights (which have traditionally been claimed as bases of this liability), and finding its basis, instead, in the notion of ’ reliance ’. The objective is to contribute to the comparative analysis of this area of liability, removing the hurdles that obstruct the view of the core notion that is operating at its heart. Thus, it will be argued that by shifting the analysis to the notion of reliance, jurisdictions that are currently reticent in acknowledging this liability could embrace and implement it.
The scope of this book is limited in several aspects. First, the focus is on finding the doctrinal basis of precontractual liability for breaking off negotiations. Thus, remedies are only dealt with briefly in order to show that they correspond to the reliance basis.
Secondly, the analysis is limited to the ’ selected jurisdictions ‘ : Germany, France and Chile. Germany and France have been selected because they are, respectively, the leading European jurisdictions of the Germanic and Franco-Roman legal families of the civil law system, and because both have contributed crucially to the development of the doctrine of precontractual liability. Chile has been selected because it is a leading jurisdiction in Latin America which has had a particularly interesting reception process of this doctrine, taking elements both from the German and the French developments. Additionally, by selecting Chile, precontractual liability is taken out of its typically European dimension and placed in a more global context, in order to demonstrate the relevance of the topic. English law is analysed as a ‘contrasting jurisdiction’ in that, as opposed to the selected jurisdictions, it does not provide a remedy in what will be called the ‘paradigm case’. Harmonisation instruments are only analysed in relation to the reliance-based remedies that they provide.
In recent years, jurisdictions have struggled to address the emergence of “sharing” businesses, such as Uber. These businesses have used technology to avoid the regulations that usually apply to industries, such as taxis. By applying a historical institutionalist analysis, this article explains how authorities have responded to these companies. Through a detailed case study of Uber's presence in Baltimore, Maryland, in the United States, the article makes an empirical contribution by illustrating how regulatory regimes have responded to “disruptive” technology. Furthermore, by applying an exogenously induced and endogenously mitigated model of change the article addresses the bifurcation in historical institutionalist literature between exogenous and endogenous accounts of change. This helps develop historical institutionalism theoretically, responds to criticisms of agent-based approaches and advances a model that can be applied to the study of technological change more generally.
The mind-body relation was at the forefront of philosophy and theology in late antiquity, a time of great intellectual innovation. This volume, the first integrated history of this important topic, explores ideas about mind and body during this period, considering both pagan and Christian thought about issues such as resurrection, incarnation and asceticism. A series of chapters presents cutting-edge research from multiple perspectives, including history, philosophy, classics and theology. Several chapters survey wider themes which provide context for detailed studies of the work of individual philosophers including Numenius, Pseudo-Dionysius, Damascius and Augustine. Wide-ranging and accessible, with translations given for all texts in the original language, this book will be essential for students and scholars of late antique thought, the history of religion and theology, and the philosophy of mind.
While carrying out a scoping review of earthquake response, we found that there is no universal standardized approach for assessing the quality of disaster evidence, much of which is variable or not peer reviewed. With the lack of a framework to ascertain the value and validity of this literature, there is a danger that valuable insights may be lost. We propose a theoretical framework that may, with further validation, address this gap.
Existing frameworks – quality of reporting of meta-analyses (QUORUM), meta-analysis of observational studies in epidemiology (MOOSE), the Cochrane assessment of bias, Critical Appraisal Skills Programme (CASP) checklists, strengthening the reporting of observation studies in epidemiology (STROBE), and consensus guidelines on reports of field interventions in disasters and emergencies (CONFIDE)–were analyzed to identify key domains of quality. Supporting statements, based on these existing frameworks were developed for each domain to form an overall theoretical framework of quality. This was piloted on a data set of publications from a separate scoping review.
Four domains of quality were identified: robustness, generalizability, added value, and ethics with 11 scored, supporting statements. Although 73 out of 111 papers (66%) scored below 70%, a sizeable portion (34%) scored higher.
Our theoretical framework presents, for debate and further validation, a method of assessing the quality of non-traditional studies and thus supporting the best available evidence approach to disaster response. (Disaster Med Public Health Preparedness. 2019;13:147–151)
Bedding-parallel fibrous calcite veins in black shales (Cretaceous, southern UK) were investigated using a combined field, stable isotopic geochemistry, petrographic and crystallographic method to examine their formation mechanism. Calcite veins occur in all shale beds and are most abundant in the bituminous shales of the Chief Beef Beds. The calcite fibres in these veins exhibit either an antitaxial fibre growth with curvy stylolites as the median zone, or a predominantly syntaxial, upwards growth. The calcite veins range from –0.49 to 1.78‰ of δ13C values, and –6.53 to –0.03‰ of δ18O values, which are both similar to those of their host shales. Our petrographic observations demonstrate that subhorizontal and interconnecting microstylolite networks commonly occur within the calcite veins. Equant calcite grains in the median zones exhibit indenting, truncating and also interpenetrating grain contacts. It is interpreted that the fibrous calcite veins were sourced by neomorphic calcite from their host shales, with evidence from the δ13C signatures, pressure-solution features (stylolites, microstylolites and grain contact styles) and embedded fossil ghosts within the veins. The diagenetic fluids, from which calcite was precipitated, were a mixing of the original seawaters and 18O-depleted meteoric waters. Development of bedding-parallel calcite veins is considered to have been enhanced by pressure solution as a positive feedback mechanism, which was facilitated by the overburden pressure as the maximum principal stress. Calcite fibres, with a predominant subvertical c-axis orientation, exhibit a displacive growth in porous shales and a replacive growth at vein-limestone contacts. This study highlights the critical role of pressure solution in the formation of bedding-parallel calcite veins during burial and diagenesis of immature black shales.
A scanning electron microscopy (SEM) investigation of pine (Pinus sylvestris) and oak (Quercus sp.) wood samples exposed to various types of natural degradation is presented with the aim of discussing the correct identification of multiple degradation signs in waterlogged wood. This is part of an experiment performed at the archeological site of Biskupin (Poland) to evaluate the dynamics of short-term wood degradation during reburial and the suitability of excavated wood as substrate for the fungal attack. The final aim is to support and inform the in situ conservation strategy currently applied to archeological woods. To replicate the burial conditions, wood samples were put into lake water and peat. The samples were removed from the burial environments after 4, 6, 8, and 10 years, and then exposed to laboratory-controlled attack by a brown rot fungus Coniophora puteana and a white rot fungus Coriolus versicolor. SEM images were acquired for all samples before and after the fungal attack. The results showed a slight degradation occurred in the burial environments (soft rot and bacteria). In addition, both typical and previously neglected features of fungal attack were observed, highlighting that the extent of the fungal decay varies according to the previous degree of wood degradation. Some comparisons are provided with archeological wood samples from the Biskupin site.
What explains mayors’ collaboration with nongovernmental organizations in delivering public goods and services? While some successful collaborations are established, in other cases the call for NGOs to coordinate with governments goes unheeded. Collaboration minimizes the duplication of effort, maximizes information sharing, and builds capacity. Given the scholarly consensus on the importance of collaboration, we know little about it at local levels, where it may matter most. This article focuses on Bolivia, a country with deep decentralization reforms and an active NGO sector. It utilizes survey data on mayors from 2007 to provide insight into the variation in NGO–local government collaboration across a country. It argues that political context is important: mayoral turnover, greater community group engagement, and more municipal resources deter collaboration. The findings illustrate the strategic interplay between state and nonstate actors and explain the uneven geographies of partnerships in governance.