Results for 'Contracts. '

971 found
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  1.  38
    Cambridge companion to Rousseau's Social contract.David Lay Williams, Matthew William Maguire & Rousseau'S. Social Contract (eds.) - 2023 - New York: Cambridge University Press.
    Introduction -- "Every Legitimate Government is Republican": Rousseau's Debt to and Departure from Montesquieu on Republicanism -- What if There is no Legislator? Rousseau's History of the Government of Geneva -- Rousseau's Republican Citizenship: The Moral Psychology of The Social Contract -- Rousseau's negative liberty: Themes of domination and skepticism in The Social Contract -- Rousseau's Ancient Ends of Legislation: Liberty, Equality (& Fraternity) -- Property and Possession in Rousseau's Social Contract -- Political Equality Among Unequals -- On the Primacy (...)
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  2.  57
    Black Feminist Reflections on Charles Mills's “Intersecting Contracts”.Kathryn T. Gines - 2017 - Critical Philosophy of Race 5 (1):19-28.
    This critical commentary is presented in two parts. The first section, “Intersecting Contracts: Conceptual Interventions and Aims,” provides an overview of Mills's analysis of the racia-sexual contract and the divergent positions of white men, white women, nonwhite men, and nonwhite women. The second section, “Privilege and Patriarchy: Does ‘Race Generally Trump Gender’?,” shows how Mills offers an uneven representation of critiques presented by women of color theorists. For example, he focuses on the critiques of white women, emphasizing the asymmetry between (...)
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  3.  24
    Potential Legal Problems Embedded in Behavior Contracts.Haavi Morreim - 2023 - American Journal of Bioethics 23 (1):61-64.
    Fiester and Yuan (2023) address an important, hitherto underdiscussed issue: ethical hazards of behavior contracts linked to patients’ and families’ demeanor in interacting with the healthcare team...
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  4.  79
    Ethical Issues in Financial Reporting: Is Intentional Structuring of Lease Contracts to Avoid Capitalization Unethical?Thomas J. Frecka - 2008 - Journal of Business Ethics 80 (1):45-59.
    Under present accounting rules, lessees frequently structure contracts for leased assets, in situations where they enjoy benefits similar to outright ownership, in a way that keeps both the leased assets and related liabilities off their books. This method of accounting creates off-balance sheet financing and is called operating lease accounting. The paper debates the ethicality of intentionally structuring lease contracts to avoid disclosing leased asset and liability amounts and describes the “slippery slope” of rule-based accounting for synthetic leases and special (...)
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  5.  44
    The Bindingness of Social and Psychological Contracts: Toward a Theory of Social Responsibility in Downsizing.Harry J. Van Buren - 2000 - Journal of Business Ethics 25 (3):205-219.
    Downsizing has become a significant public issue that has not yet been significantly studied by business ethicists. It is proposed that reasonable social and psychological contracts bound the moral free space of managers contemplating downsizing; the degree of constraint is also dependent on the organization's resource munificence. A framework for considering the extent of managerial moral free space and implications thereof for managerial practice are offered.
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  6. The normative importance of pregnancy challenges surrogacy contracts.Anca Gheaus - 2016 - Analize. Journal of Gender and Feminist Studies 6 (20):20-31.
    Birth mothers usually have a moral right to parent their newborns in virtue of a mutual attachment formed, during gestation, between the gestational mother and the fetus. The attachment is formed, in part, thanks to the burdens of pregnancy, and it serves the interest of the newborn; the gestational mother, too, has a powerful interest in the protection of this attachment. Given its justification, the right to parent one's gestated baby cannot be transferred at will to other people who would (...)
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  7.  24
    The Bindingness of Social and Psychological Contracts: Toward a Theory of Social Responsibility in Downsizing.Harry J. van Buren Iii - 2000 - Journal of Business Ethics 25 (3):205-219.
    Downsizing has become a significant public issue that has not yet been significantly studied by business ethicists. It is proposed that reasonable social and psychological contracts bound the moral free space of managers contemplating downsizing; the degree of constraint is also dependent on the organization's resource munificence. A framework for considering the extent of managerial moral free space and implications thereof for managerial practice are offered.
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  8.  62
    The Laws of Robots: Crimes, Contracts, and Torts.Ugo Pagallo - 2013 - Dordrecht: Imprint: Springer.
    This book explores how the design, construction, and use of robotics technology may affect today's legal systems and, more particularly, matters of responsibility and agency in criminal law, contractual obligations, and torts. By distinguishing between the behaviour of robots as tools of human interaction, and robots as proper agents in the legal arena, jurists will have to address a new generation of "hard cases." General disagreement may concern immunity in criminal law (e.g., the employment of robot soldiers in battle), personal (...)
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  9.  69
    A critique of the empirical methods of integrative social contracts theory.Bryan W. Husted - 1999 - Journal of Business Ethics 20 (3):227 - 235.
    Integrative social contracts theory (ISCT) uses empirical methods to develop guidelines for international business ethics. This article criticizes ISCT in terms of the way people actually think about contracts and agreements around the globe. Differences in orientations to communications context, moral reasoning, and institutional and structural conditions make the identification of authentic norms, hypernorms, and relevant communities problematic. The difficulties of the empirical methods suggest recourse to more traditional theoretical approaches for the identification of hypernorms as well as a stronger (...)
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  10.  43
    Constraints on Contracts.Lawrence Becker - 1984 - Journal of Philosophy 81 (11):719.
  11.  55
    Ethical Issues in Using Behavior Contracts to Manage the “Difficult” Patient and Family.Autumn Fiester & Chase Yuan - 2021 - American Journal of Bioethics 23 (1):50-60.
    Long used as a tool for medical compliance and adhering to treatment plans, behavior contracts have made their way into the in-patient healthcare setting as a way to manage the “difficult” patient and family. The use of this tool is even being adopted by healthcare ethics consultants (HECs) in US hospitals as part of their work in navigating conflict at the bedside. Anecdotal evidence of their increasing popularity among clinical ethicists, for example, can be found at professional bioethics meetings and (...)
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  12.  68
    Ties that Unwind: Dynamism in Integrative Social Contracts Theory1.Robert A. Phillips & Michael E. Johnson-Cramer - 2006 - Journal of Business Ethics 68 (3):283-302.
    Social contract theory offers a powerful method and metaphor for the study of organizational ethics. This paper considers the variant of the social contract that has arguably gained the most attention among business ethicists: integrative social contracts theory or ISCT [Donaldson and Dunfee: 1999, Ties That Bind (Harvard Business School Press, Boston)]. A core precept of ISCT - that consent to membership in an organization entails obligations to follow the norms of that organization, subject to the moral minimums of basic (...)
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  13. An examination of exploitation in international gestational surrogacy contracts.Kathryn MacKay - unknown
    This thesis aims to determine whether international gestational surrogacy contracts are exploitative, and whether they should be prohibited. I chose a group of women working as surrogates at Kaival Maternity Home and Surgical Hospital, in Anand, Gujarat, India as a study group. After examining their life circumstances, I argue that these women live in unjust circumstances caused by institutional sexism and poverty. I critically assess arguments launched against surrogacy, organ trade, and prostitution and find that none of these are sufficient (...)
     
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  14.  16
    Key n-Grams in EU Directives and in the UK National Legislation on Consumer Contracts.Patrizia Giampieri - 2023 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 37 (1):59-75.
    Key n-grams are useful in the analysis of legal discourse as they help bring recurrent key expressions to the fore and understand the patterning of legal language. This paper aims to generate, analyse and compare the key n-grams of two legal corpora: a corpus of European directives on distance consumer contracts and a UK national legislation corpus on the same subject-matter. The corpora are considered, alternatively, as both focus and reference corpora. In this way, keyness, i.e., the terminology that makes (...)
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  15.  26
    The Separation Thesis Weighs Heavily on Integrative Social Contracts Theory: A Comprehensive Critique.César González-Cantón - 2022 - Philosophy of Management 21 (3):391-411.
    For more than three decades, Integrative Social Contracts Theory (ISCT) has been lauded as a business ethics theory particularly well suited to the international arena, especially because of its alleged ability to reconcile respect for cultural idiosyncrasies and normative teeth. However, this theory has also faced various objections, many of which its authors have responded to with varying degrees of satisfaction. As a contribution to this debate, this article provides a unifying rationale for many of those objections by exploring their (...)
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  16.  19
    From “Endless Frontier” to “Basic Science for Use”: Social Contracts between Science and Society.Gary Rhoades & Sheila Slaughter - 2005 - Science, Technology, and Human Values 30 (4):536-572.
    This article analyzes the National Science Study produced by the Republican-dominated U.S. Congress in the mid-1990s to see if the priorities of S&T policy were changing, if state agencies were being reorganized to achieve new priorities, and if universities were expected to work closely with industry in reconfigured agencies. Also analyzed was the economic composition of board members of eight S&T policy organizations that informed the National Science Study. It was found that, generally, Republican policy supported both basic science and (...)
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  17.  94
    What's trust got to do with it? Revisiting opioid contracts.Daniel Z. Buchman & Anita Ho - 2014 - Journal of Medical Ethics 40 (10):673-677.
    Prescription opioid abuse (POA) is an escalating clinical and public health problem. Physician worries about iatrogenic addiction and whether patients are ‘drug seeking’, ‘abusing’ and ‘diverting’ prescription opioids exist against a backdrop of professional and legal consequences of prescribing that have created a climate of distrust in chronic pain management. One attempt to circumvent these worries is the use of opioid contracts that outline conditions patients must agree to in order to receive opioids. Opioid contracts have received some scholarly attention, (...)
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  18.  35
    Unique Ethical and Practical Considerations in the Use of Behavior Contracts for Families of Minors and Minoritized Populations in Pediatric Settings.Erin Talati Paquette, Lori Mendelsohn & Aleksandra E. Olszewski - 2023 - American Journal of Bioethics 23 (1):82-85.
    Fiester and Yuan discuss important ethical concerns regarding the use of behavior contracts in addressing conflict with patients and families labeled as “difficult” (Fiester and Yuan 2023). We agre...
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  19.  14
    Chapter III. Description and comparison of the main obligations of the parties in franchising contracts in the pel cafdc, French and spanish law.Odavia Bueno Diaz - 2008 - In Franchising in European Contract Law: A Comparison Between the Main Obligations of the Contracting Parties in the Principles of European Law on Commercial Agency, Franchise and Distribution Contracts , French and Spanish Law. Sellier de Gruyter.
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  20. Rules about XML in XML to support litigation regarding contracts.X. M. L. Rule-Based - forthcoming - Artificial Intelligence and Law. V10.
  21.  33
    Response to Open Peer Commentaries on “Ethical Issues in Using Behavior Contracts to Manage the ‘Difficult’ Patient Family”.Autumn Fiester - 2023 - American Journal of Bioethics 23 (3):1-4.
    In the piece, “Ethical Issues in Using Behavior Contracts to Manage the ‘Difficult’ Patient and Family,” Chase Yuan and I (Fiester and Yuan 2023) argue that an important set of ethical concerns nee...
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  22. Takyīf Fiqhī and its Application to Modern Contracts: A Case Study of the Central Provident Fund Nomination in Singapore.Mohamed El Tahir El Mesawi & Mohammad Rizhan bin Leman - 2018 - Intellectual Discourse 26 (2):807-827.
    The term takyīf fiqhī stands for one crucial concept in Islamic jurisprudence and refers to one of the important steps in the process of formulating fatwā. It basically revolves around the categorization of particular issues under the appropriate rules and precedents established in Islamic juristic thought. The present article attempts to examine the concept of takyīf fiqhī in a comprehensive manner in terms of its meaning, authority, types, importance, and governing criteria as can be gleaned from the works of Sharī‘ah (...)
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  23.  39
    Corporate Social Responsibility Failures: How do Consumers Respond to Corporate Violations of Implied Social Contracts?Cristel Antonia Russell, Dale W. Russell & Heather Honea - 2016 - Journal of Business Ethics 136 (4):759-773.
    This research documents consumers’ potential to monitor corporations’ License to Operate through their consumption responses to corporate social responsibility failures. The premise is that the type of social contracts or standards in place may determine how consumers, through their individual and collective behaviors, can play a direct role in influencing corporate behavior, when corporations fail to meet social responsibility standards. An experiment conducted with a large sample of consumers in the United States shows that consumers respond differently to a company’s (...)
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  24.  21
    Automatically running experiments on checking multi-party contracts.Adilson Luiz Bonifacio & Wellington Aparecido Della Mura - 2020 - Artificial Intelligence and Law 29 (3):287-310.
    Contracts play an important role in business management where relationships among different parties are dictated by legal rules. Electronic contracts have emerged mostly due to technological advances and electronic trading between companies and customers. New challenges have then arisen to guarantee reliability among the stakeholders in electronic negotiations. In this scenario, automatic verification of electronic contracts appeared as an imperative support, specially the conflict detection task of multi-party contracts. The problem of checking contracts has been largely addressed in the literature, (...)
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  25.  9
    Formalizing decisional and operational roles in legal contracts via term-modal logic.Stef Frijters & Matteo Pascucci - 2025 - In Daniele Porello, Cosimo Vinci & Matteo Zavatteri, Proceedings of OVERLAY 2024. CEUR. pp. 57-63.
    Translations of legal contracts into formal specifications that can be used for assisted reasoning are currently gaining considerable attention in AI and law. Yet, the conceptual intricacy of some of the normative notions involved in legal contracts continues to provide significant challenges to formalization; in accordance with this, there is a need for developing general logic frameworks which allow for an appropriate analysis of the fundamental components of a contractual situation. In the present work, we focus on the representation of (...)
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  26.  13
    Designing menus of contracts efficiently: The power of randomization.Matteo Castiglioni, Alberto Marchesi & Nicola Gatti - 2023 - Artificial Intelligence 318 (C):103881.
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  27.  25
    Personality and balanced psychological contracts: The mediating roles of epistemic curiosity and rule‐following behavior.Muhammad Mubbashar Hassan, Sajid Bashir, Usman Raja, Patrick Mussel & Sana Aroos Khattak - 2020 - Business Ethics: A European Review 30 (1):102-115.
    Business Ethics: A European Review, EarlyView.
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  28.  10
    8. Charters, Contracts, and Covenants.John Kultgen - 1988 - In John H. Kultgen, Ethics and Professionalism. Philadelphia: University of Pennsylvania Press. pp. 157-180.
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  29.  38
    Guarantees and Profit-Sharing Contracts in Project Financing.M. Kabir Hassan & Issouf Soumaré - 2015 - Journal of Business Ethics 130 (1):231-249.
    This paper proposes a model to study the arrangement of Islamic project finance with the participation of the government as a provider of loan guarantees. The owner-shareholders initiate a project and raise funds by issuing Islamic profit-loss sharing mudarabah certificates. The government intervenes in providing financial guarantees in order to enhance the creditworthiness and increase the mudarabah capital capacity of the project. Our work raises several policy implications related to the structuring of Islamic project finance and the participation of both (...)
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  30.  30
    The Delian building contracts.Philip A. Davis - 1937 - Bulletin de Correspondance Hellénique 61 (1):109-135.
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  31.  53
    Introduction to the Special Issue on Social Contracts and Business Ethics.Thomas W. Dunfee - 1995 - Business Ethics Quarterly 5 (2):167-171.
    This article introduces several papers on social contracts and business ethics, published in the April 2005 issue of the journal "Business Ethics Quarterly.".
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  32.  14
    : Mathematics, Metrology, and Model Contracts: A Codex from Late Antique Business Education.Serafina Cuomo - 2024 - Isis 115 (1):178-179.
  33.  16
    Book IV. Specific contracts and the rights and obligations arising from them.Hans Schulte-Nölke, Eric Clive & Christian von Bar - 2009 - In Hans Schulte-Nölke, Eric Clive & Christian von Bar, Principles, Definitions and Model Rules of European Private Law: Draft Common Frame of Reference . Outline Edition. Sellier de Gruyter.
  34. Are normal contracts normal promises?Sheinman Hanoch - 2004 - Oxford Journal of Legal Studies 24 (3).
     
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  35.  60
    Moral Communities and Social Contracts.Edwin Hartman - 1996 - The Ruffin Series in Business Ethics:69-74.
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  36.  10
    Beauvoir's parrhesiastic contracts: Frank-speaking andthe philosophical-political couple.Laura Hengehold - 2006 - In Margaret A. Simons, The Philosophy of Simone de Beauvoir: Critical Essays. Indiana University Press. pp. 178.
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  37.  30
    Why the Doctor Will NOT See You Now: The Ethics of Enforcing Covenants Not to Compete in Physician Employment Contracts.Michelle Bednarz Beauchamp, Sandra S. Benson & Lara Womack Daniel - 2014 - Journal of Business Ethics 119 (3):381-398.
    When a physician employment relationship terminates, the physician–patient relationship may also be terminated by enforcement of a covenant not to compete, which typically forces the physician to leave the geographic area for a period of time. This gives rise to several ethical dilemmas. The public interest is compromised when enforcement of these covenants contributes to the shortage of physicians in the community, and individual patients are harmed when their physicians are no longer available. The authors undertook a unique study to (...)
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  38. Essays on the Origin of Society, Language, Property, Government, Jurisdiction, Contracts, and Marriage. Interspersed with Illus. From the Greek and Galic Languages.James Grant - 1785 - G.G.J. And J. Robinson.
     
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  39.  20
    A case for the asymmetric enforceability of surrogacy contracts.Maria Jose Pietrini Sanchez - 2020 - Journal of Political Philosophy 4 (28):438-454.
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  40.  8
    Oregon’s conflicts law applicable to contracts.Paul Volken & Petar Sarcevic - 2009 - In Paul Volken & Petar Sarcevic, Yearbook of Private International Law: Volume Iii. Sellier de Gruyter.
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  41.  30
    Paradoxes of Liberal Politics: Contracts, Rights, and Consent.Moira Gatens - 2008 - In Daniel I. O'Neill, Mary Lyndon Shanley & Iris Marion Young, Illusion of Consent: Engaging with Carole Pateman. Pennsylvania State University Press. pp. 31-48.
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  42.  9
    Cross-Cultural and Linguistic Dynamics in the Deterritorialization of Legal Concepts Through International Commercial Contracts.Roman Uliasz - forthcoming - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-23.
    The purpose of this article is to examine the process of deterritorialization of legal concepts embedded in international commercial contracts. Typically written in English, these contracts often incorporate concepts derived from common law jurisdictions, given that English is the language of expression for the common law tradition. This underscores the intrinsic interconnection between language and underlying legal concepts. While parties involved in contract drafting may sometimes mitigate this connection by using terms and clauses that do not immediately evoke common law (...)
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  43.  23
    Book II. Contracts and other juridical acts.Hans Schulte-Nölke, Eric Clive & Christian von Bar - 2009 - In Hans Schulte-Nölke, Eric Clive & Christian von Bar, Principles, Definitions and Model Rules of European Private Law: Draft Common Frame of Reference . Outline Edition. Sellier de Gruyter.
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  44.  34
    Life‐story fee contracts: When may a criminal defendant demand ineffective counsel?Gary K. Schick - 1996 - Criminal Justice Ethics 15 (1):3-14.
  45.  27
    Detecting and explaining unfairness in consumer contracts through memory networks.Federico Ruggeri, Francesca Lagioia, Marco Lippi & Paolo Torroni - 2021 - Artificial Intelligence and Law 30 (1):59-92.
    Recent work has demonstrated how data-driven AI methods can leverage consumer protection by supporting the automated analysis of legal documents. However, a shortcoming of data-driven approaches is poor explainability. We posit that in this domain useful explanations of classifier outcomes can be provided by resorting to legal rationales. We thus consider several configurations of memory-augmented neural networks where rationales are given a special role in the modeling of context knowledge. Our results show that rationales not only contribute to improve the (...)
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  46.  42
    (1 other version)Spontaneous order and civilization: Burke and Hayek on markets, contracts and social order.Gregory M. Collins - 2021 - Philosophy and Social Criticism 48 (3):386-415.
    Philosophy & Social Criticism, Volume 48, Issue 3, Page 386-415, March 2022. In light of a growing body of scholarship that has cast doubt on the analytic import of spontaneous order, the purpose of my article is to rethink the intellectual relationship between Edmund Burke and Friedrich Hayek by suggesting that reading spontaneous order into Burke’s thought introduces greater tensions between the two thinkers than prior scholars have suggested. One crucial tension, I suggest, is that Hayek believed that contractual arrangements, (...)
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  47.  39
    The state of nature, contracts, and opting out.Elysa R. Koppelman - 2001 - American Journal of Bioethics 1 (3):1 – 2.
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  48.  16
    A support system for the detection of abusive clauses in B2C contracts.Sławomir Dadas, Marek Kozłowski, Rafał Poświata, Michał Perełkiewicz, Marcin Białas & Małgorzata Grębowiec - forthcoming - Artificial Intelligence and Law:1-39.
    Many countries employ systemic methods of protecting consumers from unfair business practices. One such practice is the use of abusive clauses in business-to-consumer (B2C) contracts, which unfairly impose additional obligations on the consumer or deprive them of their due rights. This article presents an information system that utilizes artificial intelligence methods to automate contract analysis and to detect abusive clauses. The goal of the system is to support the entire administrative process, from contract acquisition, through text extraction and the recommendation (...)
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  49.  39
    Realtime polymorphic malicious behavior detection in blockchain-based smart contracts.Darius GaliŞ, Ciprian PungilĂ & Viorel Negru - 2024 - Logic Journal of the IGPL 32 (2):210-223.
    This paper proposes an innovative approach to achieving real-time polymorphic behavior detection, and its direct application to blockchain-focused smart-contracts. We devise a method based on a non-deterministic finite state machine to perform approximate pattern-matching, using a look-ahead mechanism implemented through a concept similar to that of a sliding window, and using threshold-based similarity checking at every state in the automaton. We introduce and formalize our approach, discuss the challenges we faced and then test it in a real-world environment. The experimental (...)
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  50.  22
    Community reforestation in the Philippines: An evaluation of community contracts.Victoria O. Espaldon & Barry Smit - 1997 - Knowledge, Technology & Policy 10 (1-2):34-42.
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