Abstract This paper talks about the need for the Social Contract as stemming from the decision to change from the state of nature to a society. The paper supports the idea that the Social Contract is not a document of any sort but an idea of why people band together in a social setting in the first place.
From the Paper "Two years ago, America went through what was presented by the news media as a wrenching presidential election involving a very close vote count in Florida, the deciding state, and leading to an outcome in which the U.S. Supreme Court intervened to decide whether it was right to continue counting the votes and how that would be accomplished if it was to continue. The Supreme Court decided that the vote count should stop, and some claimed that this showed the Supreme Court as a partisan body deciding that George W. Bush should be President rather than Al Gore. Certainly, this was the outcome, but we need not decide whether the Supreme Court was right or wrong to note that the outcome was peaceful, that it was agreed to finally by both sides, and that the government transition was made without incident and has maintained a peaceful government to this day. In some countries, the fact that a candidate had the most votes yet was not declared the winner could have provoked a violent confrontation, but transitions in government in the United States follow a different pattern and do so because of our adherence to and belief in the idea of law and specifically the idea of the Social Contract."
Tags: peace, war, French, American, Revolutions, colonists, nation, America, USA
Abstract This paper traces the evolution of religious tolerance in American beginning with colonial America and continuing up until the Civil Rights Act of 1964. The paper looks at how, even though religious autonomy was the primary influence that sparked the first settlers to leave England and establish colonies in the New World, some of these same settlers and their colonies immediately emulated the very principle responsible for their persecution in Europe, by establishing mandatory churches in the new colonies. The paper also looks at how, ultimately, many of the opportunities available only to some during the early colonial period only started to become equally available to all after the Civil War and, in the case of true equality for everyone, these rights weren't guaranteed until the passage of the 1964 Civil Rights Act.
From the Paper "Maryland was the first colony to recognize absolute religious freedom after originally being established by the son of George Calvert, a Catholic convert in England who had remained close to the Royal family, nevertheless. His son, Lord Baltimore intended Maryland as a refuge for Catholics, but refrained from imposing any religious affiliation and welcomed Protestants as well.Shortly before the end of the seventeenth century, the English King had decided to combine the two colonies known as the Plymouth Colony, (consisting of the first descendents of the original Settlers), and the Massachusetts Bay Colony, (consisting of the first descendants of the Puritans), into a single colony to be named Massachusetts. "
Abstract Federal contracts for construction, while similar in many respects to other types of federal contracts, have some unique aspects that have caused the federal government to create a system of rules within the Federal Acquisition Regulation (FAR) specific to construction contracts. The federal government has been justified in creating these rules separate from those that apply specifically to supply and service contracts. This paper focuses on some of the unique rules and regulations that apply to federal construction contracts, including those related to contract types, labor laws, specifications, payments, delays, and differing site conditions.
Abstract
Overview
Contract Types
Federal Construction Contracting Laws
Contract Performance and Specifications
Payment Financing
Delays
Differing Site Conditions
References
From the Paper "The federal government is the largest owner of real property in the world (Bastianelli, et. al., 1998), so it stands to reason that they spend an enormous amount of money on construction and maintenance of that property. It is difficult to gauge exactly how much the federal government spends on construction annually, but it is noteworthy that the Department of Defense alone planned to award over $10 billion on construction contracts in 2002 (Bush, 2001). Because of this significant amount of construction outsourcing, and the intricacies that go along with construction contracting, the federal government has been justified in developing unique regulations and rules for construction contracts. The federal government, in the Federal Acquisition Regulation (FAR), defines construction as, ?"construction, alteration, or repair (including dredging, excavating, and painting) of buildings, structures, or other real property"? (FAR 2.101). Determining whether or not something is considered a building or a structure is general straightforward, although there are always exceptions. However, the line defining whether or not something is real property can, at times, be somewhat unclear. The FAR does not provide a definition for real property, but in federal contracts the common legal definition is used, that real property is, ?"land and all things that are attached to it"? (Lectric Law Library, 2003). Though many of the clauses, terms and conditions, and rules applicable to federal construction contracts are the same, or similar, to those that are used on federal contracts for supplies, there are a number of differences in the nature of contracting for construction that have caused the federal government to create separate laws that deal specifically with federal construction contracts. One of the major differences is that construction contracts are performed on Government property. Because of this, construction contractors are subject to a great deal more in the area of inspections and general surveillance on their contracts (Abernathy and Kelleher, 1976). Construction contracts typically have much more paperwork than federal supply contracts. On construction contracts, a contractor is required to file daily reports showing that they complied with all the unique construction regulations, including safety, schedules, and submittals of material samples (Arnavas, 2001, ?? 27.4.a.). Construction contracts are subject to much greater scrutiny on performance than supply contracts, as detailed analysis and explanation of any deficiencies are reported to contractors and contractors have the right to respond. Past performance information is also kept on construction contracts for six years, where the norm on supply contracts is three years (Arnavas, 2001, ?? 27.4.a). Other differences that will be the focus of this paper include contract types, labor laws, specifications, payments, delays, and differing site conditions."
Abstract This paper attempts to explore the capacity of minors in the United States to form contracts, to break contracts and their legal liabilities for doing so. The paper touches on issues including the rights of other parties to such a contract and the concept of emancipation of minors. The paper defines minors and age of majority and also presents a historical context.
From the Paper "The law of contracts is concerned with the rules governing legal agreements. Contractual capacity is the minimum competence required by law for a party who enters into a contract to be bound by it. Certain persons are not considered to have sufficient capacity to be bound to or by contracts they may sign. A minor is normally deemed not to have such capacity. A minor is a person who does not have the legal rights of an adult."
Abstract The paper explains how contracts serve as private agreements that have the purpose of ensuring that promises between two parties are carried out. Individuals enter into legal contracts willingly as a means of protecting their interests in whatever ventures the contract relates to. Furthermore, the paper explains that when contracts are signed, the parties traditionally believe that the agreement, if broken, will be enforced through the judicial system.
Abstract This case study aims to provide advice concerning the contractual issues around the JCT IBC 2005 contract. The author creates a scenario where a university is the client who has requested some advice and further clarification concerning the contractual difficulties that have been encountered. The paper relates the background of the situation - the client had deferred possession of the site to the contractor under the terms and conditions as set out the JCT IBC (2005) contract which resulted in the contractor's request to claim for direct loss and expense. The author addresses the issues of direct loss and expense, and adjustment of the completion date as related to the terms stipulated in the JCT IBC 2005 contract. The author explains the roles of parties that might be involved in such a scenario such as architects and sub-contractors. The paper also includes recommendations for better practices for future projects for the client.
Contents:
Introduction
Current Situation
Claims for Direct Loss and expense
Claims for Extension of Time and LADs
Role of the Architect
Procurement Considerations and Implications of Sub Contractors
Conclusion
Bibliography
References
From the Paper "This report has been produced to provide practical advice to the University (herein 'the Client') on the contractual issues around the JCT IBC 2005 contract. The client proposes to refurbish a Police Authority Building opposite the main campus. The contractor was appointed under a Traditional building contract using the terms and conditions as set out the aforementioned standard form of contract, and has just started on site. The client has already experienced some difficulties and has requested some advice and further clarification concerning the contractual difficulties that have been encountered."
Abstract The paper shows how the story of American business has continued to be one of increasing size and growth ever since the Great Depression and World War II. The paper looks at how the postwar boom created an America reliant upon large corporations and a government that supported those corporations, although it attempted to regulate corporate excesses. The paper concludes that as corporate entities have grown larger, the practice of government regulation of business size and ethics has become more difficult.
From the Paper "As early as 1920, President Calvin Coolidge was able to declare that the "chief business of America is business"(Bryant 1999). Beginning in the 1920s, after World War I, corporations were able to offer vast array of consumer goods to ordinary, middle-class Americans, spanning from automobiles to washing machines, radios, and refrigerators (Bryant 1998). Despite the stock market crash of 1929, the story of American business has continued to be one of increasing size and growth. Ever since the Great Depression and World War II large American corporations have continued to extend their outreach into every facet of modern commercial society. Although the federal government has attempted to regulate corporate practices, it has, at times also facilitated this expansion."
Abstract This paper examines the "The Social Contract" by Jean-Jacques Rousseau which argues that we are all born free and equal, yet do not live either freely or equally. It discusses the argument that the construction of the General Will is the means by which people can achieve freedom. The General Will is the social contract where all members of society agree to obey the General Will to be part of society. Rousseau argues that by this General Will, the separate wills of each member of society converge into one and that freedom is achieved because every citizen is equal, each being a single unit of the General Will and having the same amount of influence over it. It considers the implications of the General Will and the social contract and how Rousseau's version of freedom and equality may never be truly attained, however this may be a reality of a society, rather than a downfall in the theory.
From the Paper "Rousseau differentiates between two types of freedom, personal freedom and social freedom. Personal freedom is an individual's own selfish choices, where an individual will carry out only those actions that are of benefit to them. Social freedom is the freedom achieved when an individual carries out those actions that the General Will requires. Rousseau argues that social freedom must be achieved at the expense of personal freedom. This is the cost of being part of a society. Thus while an individual is born free, their freedom in society cannot exist until they give up their personal freedom. Giving up their personal freedom for social freedom, means all individuals act in accordance with what is best for society as a whole, not their own needs and wants. It is true in this, that individuals do give up freedom."
Tags: general, will, social, contract, individual, freedom, society
Abstract This paper discusses the differences between tort law and contract law, and how they impact on the individual and/or organization. According to this paper, taking legal action based on tort law and contract law, is not simple. One has to taken the issues involved into very careful consideration. This paper reviews the issues and the necessary steps to be taken.
From the Paper "Tort law and contract law specifically impact individuals or organizations that believe that they have encountered others who have negatively impacted them in an intentional manner. Yet, the determination of finding legal recourse through tort law or contract law requires specific attention to the actions that have occurred, as well as whether or not those actions may encompass both areas of law in relation to the individual. Contract law is, by definition, an agreement between two parties in which both are willing to enter into a binding mutual exchange where both entities benefit. The contract states what the parties are willing to exchange and generally provides all of the stipulations of that agreement in documented or verbal form (Rowley). The documentation or verbal agreement allows the parties to have proof of their intentions, and should those intentions not be met either party has a legal recourse through lawsuit as necessary."
Abstract This paper is an answer to a legal hypothetical presented whereby Marshall would be obligated to Fletcher for the rent money he agreed to pay when he entered into a contract at the age of 17, but took steps after he reached the age of 18 to ratify the contract.
From the Paper "In the present case, Marshall entered into the contract to lease an apartment and pay one half of the rent with Fletcher paying the other half. "A contract is a legally binding agreement enforceable in a court of law"(Bennett, p. 1). For a contract to be valid it must meet certain requirements. The basic requirements are that there is a meeting of the minds, acceptance, and consideration. These three are present in this case. There is no suggestion in the hypothetical that Marshall did not know what the lease entailed, the length of time of the lease, or what portion of the lease he would be responsible for. "
Abstract This paper explores e-commerce and the legality of such translations that are increasing so rapidly. The paper examines the formation of electronics contract and discusses the position it holds in law. Case studies are included in the paper.
From the Paper "Amazon.co.uk is a web site company that sells books, DVDs, CD's, software and video games. In their terms and conditions, it says: Acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Amazon.co.uk sends the e-mail to you (whether or not you receive that e-mail)?? As in the postal rule ? whether or not acceptance is received, it will be deemed to be an effective contract."
This paper focuses on the Armenian refugees that came to the U.S. in the 19th century, primarily to escape religious prosecution, while also discussing if and how they adapted to America's culture.
Abstract The writer of this paper details the events that resulted in the formation of a sizeable and significant Armenian presence in America. One reason the Armenians fled their country was that they would have faced extinction had they stayed. The writer contends and explains why the Armenian cultural influence is not as strong as that of other minorities in America. It is believed that some 150,000 Armenians currently reside in North America. This paper examines the various reasons Armenians have failed to have an impact on American culture while also discussing the fact that most young Armenians have quickly assimilated and accepted the more powerful culture of the U.S. The writer contends and explains why Armenian culture has had some influence on U.S. culture but that the reverse influence is far greater in magnitude and impact.
From the Paper "Armenian culture has had some influence on the US culture but the reversed influence is far greater in magnitude and impact. While we can say that the shape of American culture today is developed with the help of bits and pieces from other cultures including Armenian, there is no denying the fact that Armenian youth is no longer as interested in their own culture as they are in the more powerful American culture.
When they first came to the United States, things were different. Armenians were influential in the sense that they had a better grip on their roots, heritage and culture. They did not assimilate quickly and resisted it for some time. Since they were mostly concentrated in one area, they interacted more often and had their institutions built in the area."
Abstract This paper describes the games of lacrosse and Plum Stone Dice as important examples of the religious and cultural significance of warrior youths and tribal life for Native Americans. The paper discusses the history of the games and the purpose of them being played in the Native-American culture.
From the Paper "Religion Studies: Understanding the Religious and Cultural Premise of Gambling and Gaming in Native American Culture This study will examine the nature of gambling and gaming within North American communities and tradition. The current rise of gaming casinos in many Indian reservations has reached an all time high, but this is not without a long religious and cultural tradition of gaming within these communities. In essence, the phenomenon of Native American gaming and gambling has long been a part of their culture through dice games and lacrosse that rely on religious principles and ceremonial tradition."
Abstract This paper explains that many dance traditions have originated in India and Indonesia, such as the Bharata Natyam from South India, which had an important historical and cultural influence on the history of India. The author points out that important elements of Hinduism, particularly the figure Nataraja, a form of Shiva, are expressed in Bharata Natyam. The paper relates that this dance, as well as many other religious dances, demonstrate the integral relationship between religious dances and the religious themes that inspire them.
From the Paper "Many dance traditions have originated in India and Indonesia, such as the Bharata Natyam from South India, which had an important historical and cultural influence on the history of India. Important elements of Hinduism, particularly the figure Nataraja, a form of Shiva, are expressed in Bharata Natyam. This dance, as well as many other religious dances, demonstrates the integral relationship between religious dances and the religious themes that inspire them. In terms of specific details of Bharata Natyam, it emerged in southern India and developed over the centuries as a living tradition as generation after generation handed it down from parents to children, and gained ascendancy when the Devadasi system emerged in India."
Abstract The subject is religious terrorism. Is religious terrorism rooted in religion or politics? There are four major religions that this paper discusses: Christianity, Judasim, Islam, and Hinduism.
