Material compensation of moral damage is one of the most difficult controversies in the theory of law and jurisprudence. Because of lack of legislative backgrounds, the courts often face many problems while determining the amount of compensation. Such problem is more evident and complex especially in developing countries, where jurisprudence in this matter is not developed yet. This book provides legal framework of the issue of material compensation of moral damage, the definition of moral damage, the ground and way of calculation of compensation and some other compensation-related issues. The issues discussed in this book are based on comparative analysis of different legal doctrines and legislations, as well as based on analysis of case law of European Court oh Human Rights and Inter-American Court of Human Rights. The analysis and conclusions of this book may be useful for law researchers, professionals in law as well as for anyone else, who needs to get material compensation for moral damage caused to him.
The present study represents an attempt on the part of the drafters to extend the applicability of the Code beyond that resulting from the application of normal conflict of law rules. Articles 74-77 of international sales convention (1980) deal with damage compensation resulted from breach of contract. Article 74 mentions the general rule, talks about the necessity of compensation and articles 75 and 76 have mentioned the conclusion of a substitute transaction and referring to the current price, as the two methods of compensation. Article 77 has also mentioned the rule of minimizing compensation. Based on this article, if the aggrieved party fails to take the measures within his powers to mitigate the damage, he won’t have the right to seek compensation.The present manuscript studies the differences between principles of the International Institute for the Unification of Private Law, European principles of contract law, French law and Iranian law and the principles of the Convention about damage compensation resulted from breach of contract.
Civil Liability and Financial Security for Offshore Oil and Gas Activities provides insights into the liability and compensation regime for offshore-related damage. The book analyses the legal regime in a variety of states (including the US and the UK) as well as the EU regime. In addition, the various compensation mechanisms and amounts available today to compensate offshore-related damage are described and critically analysed. Moreover, the book is based on in-depth interviews with a wide variety of relevant stakeholders including insurers, representatives from supervisory authorities, and oil and gas producers. This volume also provides a variety of policy recommendations, formulated to provide an optimal compensation regime for offshore-related damage.
We did not follow any classical scheme of presentation of the damage institution. We configured its physiognomy, as it emerges from the texts of the new Romanian Civil Code. We followed the line of the regulation, from the presence of the damage within the general coordinates of civil liability and among its conditions, the relationship with the justificatory cases, the conditioning of all forms and varieties of liability, to the regulation dedicated to the injury brought to the bodily integrity or health, the damage resulted from the breach of personality rights, the damage resulted from a contract and the special regimes of compensation to which the Code makes express reference. We only opened the door to the fascinating regulation of the damage in the new Romanian Civil code. We thought about some thematic areas in which the damage takes peculiar forms of expression. There is room for much reflection – placed, inspired, reconciled with the tendencies of the jurisprudence and relevant doctrine. The legislative gesture of 2011 deserves to be continued –constructively- through comments, debates and proposals – modern but timeless, firm but flexible.
The morality of abortion and euthanasia:An analytical study in Applied ethics deals with some major moral theory in order to justify some moral controversial issues. Generally we are facing some moral dilemmas in our practical life. Moral principles rules and also moral reasoning are essential to analyze practical problems. The chapters of this book analytically throws light on the moral theories and moral principles. This book will be very helpful to understand not only the theoretical but also the practical aspects of the problem of abortion and euthanasia. The issue of euthanasia and abortion has been reconsidered as there are ethical and moral questions that need to be taken into consideration.This book is written in simple method with analytical approach. The purpose of this book is to apply basic moral principles and rules for reserving the moral controversial issues and debates.
Growing of damage as internal micro-defects in materials leads to degradation of mechanical properties up to the complete failure. Continuum Damage Mechanics is the most popular inelastic theory which is concerned with the effective continuum representation of a material including distributed micro-defects. The emphasis of this monograph is placed on the theoretical formulation and numerical implementation of the different constitutive models in the framework of continuum damage mechanics. To this end, several constitutive models are proposed for brittle and ductile solids.
A Companion to Moral Anthropology is the first collective consideration of the anthropological dimensions of morals, morality, and ethics. Original essays by international experts explore the various currents, approaches, and issues in this important new discipline, examining topics such as the ethnography of moralities, the study of moral subjectivities, and the exploration of moral economies. Investigates the central legacies of moral anthropology, the formation of moral facts and values, the context of local moralities, and the frontiers between moralities, politics, humanitarianism Features contributions from pioneers in the field of moral anthropology, as well as international experts in related fields such as moral philosophy, moral psychology, evolutionary biology and neuroethics
It appears that what makes moral language interesting are the ways in which it is different from the language of some other known discourses. In what way then is it being proposed that moral language is different? And why does this difference present certain problems for theories about meaning in moral language? It is being proposed that there exists a tension between the use of moral assertions and what sort of truth moral language is, in fact, capable of. And it is the primary claim of this thesis that, on account of the way in which we use moral language there is only one theory of meaning which can correctly capture our linguistic behaviour within moral discourse: a verificationist theory about meaning.
The Moral Economies of American Authorship argues that the moral character of authors became a kind of literary property within mid-nineteenth-century America's expanding print marketplace, shaping the construction, promotion, and reception of texts as well as of literary reputations.
Literature suggests that CEOs of technology firms earn higher pay than CEOs of non-technology firms. I investigate whether compensation risk explains the difference in compensation between technology firms and non-technology firms. Controlling for firm size and performance, I find that CEOs in technology firms have higher pay, but also have much higher compensation risk compared to non-technology firms. Compensation risk explains the major part of the difference in CEO pay. My study is consistent with the labor market economics view that CEOs earn competitive risk-adjusted total compensation.
Julia Markovits develops a desire-based, internalist account of what normative reasons are--an account which is compatible with the idea that moral reasons can apply to all of us, regardless of our desires. She builds on Kant's formula of humanity to defend universal moral reasons, and addresses why we should be moral.
Cities of Words – Pedagogical Letters on a Register of the Moral Life