Contract, Employment and the Contract of Employment

Many of the rights and duties of the parties in an employmentrelationship arise out of the characterisation of the contractof employment as such. Employment also occurs by virtue of thefact that a contract of employment has been entered into. Inconsequence, it is natural to think of the contract of employmentand the employment relationship as co-existent. It is thus ofsome importance, both in legal theory and in practice, to establisha logical account of the rights and obligations between theparties that exist because of the contract of employment otherthan during the period of employment, both after and possiblybefore that relationship exists. Various possible accounts areexplored, and the conclusion is reached that the theoreticalnexus between employment and contracts of employment shouldbe broken in order to provide a more logical conceptual framework.     

British Trade with the Spanish Colonies, 1788–1795

British trade with colonial Spanish America was largely contraband, and detailed statistical data describing its value and character are notoriously scarce. This article presents what is very probably the only detailed survey of a major branch of the trade which exists for any period, describing the trade of the British colonies in the Caribbean and North America in the years 1788–1795. Data are given both for tonnage of shipping and for type and value of commodities traded, with particular focus on the import trade. The work is based on a unique statistical series recently discovered in the Public Record Office, London.     

The Polish Solidarity Movement in Retrospect: In Search of a Mnemonic Mirror

The legacy of the Solidarity movement of the 1980s, which was a leading force in the region’s 1989 revolutions, culminating most symbolically with the fall of the Berlin Wall, has yet to be institutionalized in Polish social memory. A spate of official commemorations marking the movement’s 25th anniversary in 2005 provided a palette on which Poles projected—or refused to project—their memories. The movement’s legacy continues to play out in current and contentious electoral politics, since the leaders of the top contending parties are former Solidarity activists. Despite and partly because of this active presence of Solidarity movement players, Polish civil society appears to be in a liminal state of active hesitation over the task of concretizing this movement’s past in commemorative forms. This article proposes six cultural and political explanations for this hesitation. It also recommends that social scientists disaggregate the concept of memory work into various manifestations on a continuum from hesitation to deliberation and agitation to institutionalization. As the article illustrates, hesitation can constitute action. At stake in this exercise is a larger discourse—over the direction of the post-1989 socio-political changes vis-à-vis the aims of the 1989 revolutions and the meaning of democracy and transitional justice in a posttotalitarian context.     

Damages for Breach of Contract: Compensation, Restitution and Vindication

In this article we examine the role which vindication playsin contract damages. Vindication describes the making good ofa right by the award of an adequate remedy. We argue that, whilethe primary purpose of compensation is to provide an indemnityfor loss, an award of compensatory damages will neverthelessgenerally vindicate the right to performance of the contract.We go on to consider a distinct measure of damages, vindicatorydamages. These, we argue, are neither compensatory nor restitutionary,neither loss-based nor gain-based: they are a rights-based remedy.We then identify various situations in which the courts maybe seen to have awarded what are, in substance, vindicatorydamages. We conclude by considering the benefits which may followfrom recognition of the availability of vindicatory damagesas a contract remedy.     

Sustainable peace-building in the South: Experiences from Latin America

While some recent internal conflicts have attracted international attention, other long-term conflicts with high accumulative death tolls have been relatively ignored. A decontextualised and partial view of conflict and violence is further encouraged by the separation between the emergency and development sections in many Northern aid agencies. Drawing on detailed case-studies of postconflict experience in El Salvador, Peru, and Nicaragua, the author argues that conflict analysis, emergency intervention, and peace-building must be rooted within specific socio-historical contexts. The article ends with a critical reflection on the extent to which local-level capacities have in fact been able to influence the post-war situation and prospects for long-term and sustainable peace-building in these three countries.