The Relational Principle of Trust and Confidence

This article seeks to explain why, in terms of Iain Macneil'srelational theory of contract, the implied mutual duty of trustand confidence can be described as a quintessentially relationalnorm. The role played by the duty in the development of a relationalapproach to variation of the employment contract is examined.The potential for the trust duty to become a relational principleinforming the content of the employment contract is explored.The impact of litigation based on the trust duty in creatinga relational approach to employees’ contractual remediesat common law, which have traditionally been dominated by thenotice rule, is assessed. Finally, the potential for there todevelop a relational principle of trust and confidence capableof, to some extent, unifying the contractual, statutory andtortious elements of the law of the employment relationshipis examined.     

Introduction

ABSTRACT

This article argues for the analysis of the flow of ideological discourse through society within and across three distinct but interrelated levels: (1) the canonically defined, or macro level, (2) the intermediate or meso level of competitive political appeals, political relevant public discourse and cultural criticism, and (3) the everyday or micro level of conceptual use by non-experts. This differentiation among levels of ideological action and influence helps us to clarify the objects and appropriate methods of ideological analysis. Methods applied in specific cases must facilitate an effective focus on phenomena on one of these levels while still allowing recognition of the complex forms of direct and indirect conceptual influence and connection between the levels. The article also serves as an introduction to the volume, giving a brief account of the analysis and argument of each contribution.     

Motivations for Social Media Use: Associations with Social Media Engagement and Body Satisfaction and Well-Being among Adolescents

Journal of Youth and Adolescence - Adolescents are spending considerable time on social media, yet it is unclear whether motivations for social media use drive different forms of social media...     

Mandelafying the public service in South Africa: Towards a new theory

A surfeit of service delivery disapprovals in South Africa is a clear reflection of the failure of the Public Service of South from the local, provincial, and national government to effectively and efficiently deliver service to its citizenry. The rise in a dissatisfied citizenry stems from a precise social realization, which envisions the failure of the state to deliver services to the public in an impartial, responsible, translucent, and befitting manner. This has resulted in widespread service delivery protests, which has become the most famous form of response to poor service delivery by frustrated citizens. This article argues for the mandelafication of the South African public service against the background of a cocktail of factors ranging from corruption, lack of transparency and accountability, incompetence, and lack of commitment to work ethics personified by Mandela. The article further argues for the upholding of the dominant constructs in which this mandelafication is grounded in such as proper ethics, humanitarianism, transparency, accountability, empathy, and selflessness, which characterized Nelson Mandela.     

The congressional foundations of agency performance

When Congress delegates a policy mandate to a regulatory agency, Congress acts as a principal, choosing the institutional arrangements, or the ‘rules of the game’ for agency decision making. Individuals in the agency, acting as agents, take the rules of the game as given and do the best they can within these institutional arrangements. In this paper we develop a simple model that relates the congressional choice of institutional arrangements to two underlying environmental factors — uncertainty and conflict. We suggest that uncertainty and conflict of interest lead Congress, in delegating, to prescribe a greater scope of permissable regulatory activity, a wider array of regulatory instruments, and more confining regulatory procedures. Increased scope and stronger instruments tend to broaden the overall discretionary authority of the agency, while more confining procedures tend to narrow it. We conjecture that with increased uncertainty or conflict the narrowing tendency more than offsets the broadening tendency, for a net decrease in the agency's overall discretionary authority. Lastly, we argue that the performance of a regulatory agency in fulfilling its mandate is determined in large measure by the foundations Congress constructs for the implementation of delegated authority.     

A fatal case of cocaine poisoning in a body packer

A 27-year-old man was carrying in his digestive tract 99 packages each containing about 10 g of a 86% cocaine powder. The courier died by acute cocaine intoxication due to inflation and rupture of four packages during a flight from Bogotá to Rome. At the autopsy, the external examination was unremarkable. The internal examination showed edema and generalized congestion of the organs. Toxicological analyses were performed by gas chromatography-mass spectrometry after solid phase extraction using Bond Elut Certify columns and derivatization with BSTFA/TMCS. High levels of cocaine and benzoylecgonine were found in blood (4.0 microg/mL and 17.0 microg/mL), urine (152.0 microg/mL and 512.0 microg/mL), bile (99.8 microg/mL and 54.0 microg/mL), vitreous humor (7.1 microg/mL and 5.8 microg/mL), brain (7.5 microg/mL and 3.5 microg/mL), and hair (55.5 ng/mg and 27.7 ng/mg). The presence of the cocaine and its metabolite in the hair suggested that the man was a cocaine user.     

The politics of flatland

A version of the median-voter theorem holds for two-dimensional spatial models in which voters regard the two dimensions as economic goods or goodlike activities and in which the set of feasible outcomes is constrained by budget or technology. Although mathematically trivial, this fact has widespread analytical uses. After arguing that our two-dimensional model, with its stability property, fits a number of important and general policy areas, we use our analysis to address some prominent theoretical issues.