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Extra info for Action Philosophers! 07 - Its all Greek to You! - October 2006

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They play an important role especially in economic trading relationships. Commercial contracts are formalised if they comply with the governmental rules on third-party recognition. As noted earlier, this does not necessarily mean everything has to be laid down in writing. It is sufficient if contracts are in line with the general competences and obligations specified by the government in such cases. Mercantile law, for example, may stipulate that within a given trade sector a certain body is responsible for arbitration.

Duties can mean that others have to do something to safeguard the right of an entitled person, but also that they may not hinder the latter in exercising his right17. Although Raz deliberately gives a very general definition, he acknowledges that all manner of different rights can be distinguished. For example, there may be undivided or shared rights to a particular good (object rights). Rights can also relate to the provision of certain services (service rights) or to the performance of certain actions (action rights).

Alterations in these domains can lead actors to aspire different rules. This is possibly, but not necessarily the case; it depends on the way actors process the incentive to regulate. There may be alternatives to rule amendment they prefer: actors may adapt their behaviour within the applicable rules, accept their loss and gains under the prevailing institutions, or break the rules without changing them. It is also may be that the four factors do not point in the same direction, or are not strong enough in the perception of the actors concerned to necessitate rule change.

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Action Philosophers! 07 - Its all Greek to You! - October 2006 by Evil Twin Comics


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