313 Chapters
Medium 9781902375014

4.3 Concessions and variations

Low Sui Pheng Chartridge Books Oxford ePub


Legal implications for the construction industry

4.1 Introduction

Traditionally, a client’s expectations with regard to quality in construction works are ensured and upheld by building contracts. With the recent emergence of ISO 9000 quality management systems, however, the definition and assurance of quality have taken on a new dimension. Many contractors have since applied quality management systems in their organisations without understanding its intricate relationship with the building contract used. This chapter examines the likely conflicts and compatibility between Standard Forms of Building Contract and quality management systems. An understanding of the possible legal obligations that may arise from adopting a quality management system contractually will help contractors and clients protect their interests when defects arise. In addition, many contractors are in the process of establishing their quality management systems to increase their competitive and bidding edge.

This trend has raised questions as to the application of quality systems to Standard Forms of Building Contracts in the construction industry. There is a tendency for both the Quality Manager and Construction Manager to consider quality systems and their associated legal obligations separately from building contracts. This may be acceptable when the quality system is still in its infancy stage. As the quality system matures, however, there would be unavoidable interaction between quality systems and contractual/legal obligations at different levels, especially when there is evidence of reliance by the purchaser on certification such as ISO 9000.

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Medium 9780253020925

1 Reaching the Flocks: Literacy and the Mass Reception of Ottoman Law in the Sixteenth-Century Arab World

Schull, Kent F. Indiana University Press ePub

Timothy J. Fitzgerald

C’est une étrange chose que l’écriture . . . Le seul phénomène qui l’ait fidèlement accompagnée est la formation des cités et des empires, c’est-à-dire l’intégration dans un système politique d’un nombre considérable d’individus et leur hiérarchisation en castes et en classes . . . Si mon hypothèse est exacte, il faut admettre que la fonction primaire de la communication écrite est de faciliter l’asservissement.

Claude Lévi-Strauss2

OVER THE PAST few decades, the study of Ottoman law has expanded in ways that defy brief summary. At root, many Ottoman legal historians have drawn inspiration from the concerns and questions prompted by the turn toward social history in the humanities at large. This, combined with more recent imperial and world-history turns, if dizzying, has meant relative boom times for interest in the Ottoman Empire and its legal culture(s) or system(s). One welcome result of all this attention has been the incremental counter-balancing of top-down, center-out type approaches to legal history with ones that highlight the determinative role played by ideas, institutions, and peoples beyond—sometimes far beyond—the imperial capital at Istanbul. Moreover, the interdisciplinary field of inquiry captured by the rubric “legal pluralism” has at last made serious inroads into Ottoman (and Islamic) legal studies, complicating our understanding of the legal scene in beneficial ways and rendering the Ottoman Empire more intelligible to those analyzing law and politics elsewhere and undertaking comparative study.3

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Medium 9781574414325

Chapter 20 – Racism, Gangs and Violence

Jorge Antonio Renaud The University of North Texas Press ePub


racism, riots, and gangs

A Time cover story in the early 1980’s declared the East Texas prison unit of Eastham “America’s Toughest Prison,” a distinction hotly disputed by other Texas prison units. The entire then-Texas Department of Corrections rocked after Judge William Wayne Justice ordered the building tender system dismantled as a result of Ruiz v. Estelle. Without its inmate goons to keep order, TDC was exposed as almost criminally understaffed.

Coupled with the mass resignings and reassignments of many old-time guards and wardens—who had flourished under Director W.J. Estelle’s term—the lack of supervision left a power vacuum that was soon exploited by burgeoning prison gangs. Flexing their muscles, the various gangs waged war for the right to control the prison drug trade and jumped at the opportunity to settle old scores. The murder rates rocketed as the media fueled the killing frenzy by publicly lamenting the records for violent deaths that TDCJ convicts were daily rewriting. Clemens, Ellis, I, Coffield, Ramsey I, Darrington—where a 1984 triple murder in a sunlit dayroom prompted TDC’s first system-wide lockdown as officials frantically tried to isolate gang members—all laid valid claims to the dubious title of America’s deadliest joint.

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Medium 9781626562080

Chapter 8 From Capital to Commons

Capra, Fritjof Berrett-Koehler Publishers ePub

Because of the tremendous might of the mechanistic trap, an irresistible evolution toward disorder and destruction, as predicted by the second law of thermodynamics, seems unavoidable in human affairs. This grim picture of the world as a machine running down because of immutable mechanical human laws can produce disempowerment and despair unless we realize that, like the laws of nature, human laws are not necessarily cast in the mechanistic vision that currently dominates the common understanding. Moving beyond the current common understanding thus requires a long-term strategy to make the systemic paradigm shift politically relevant. In this chapter, we discuss three strategic objectives to pursue: disconnecting law from power and violence; making community sovereign; and making ownership generative.

The most important structural solution to the rush toward final disorder is to restore some harmony between human laws and the laws of nature by giving law back to networks of communities. If the people were to understand the nature of law as an evolving common, reflecting local conditions and fundamental needs, they would care about it. People would understand that the law is too important to remain in the hands of organized corporate interests.1 We are the makers and users of the law. If we are alone in front of the law, we are inevitably afraid. However, together we are the law! We must understand that the only real power we have as individuals and communities is to choose how to look at the law in the community. Do we recognize it as fair and legitimate in the broader goal to save civilization? Do we decide to abide by it or not? How much are we willing to put ourselves at stake to avoid what Hannah Arendt called the banality of evil?2 We do not need to be heroes—we only need to develop an ecological perception of society. We need a vision that defeats economic-induced individualism by locating the law at the level of social networks and ecological communities. We need, as a society, to pierce the ideological veil of a legal system that is abstract and mechanical, “owned” by the state, and kept distant from individual people by the professionalized culture of corporate lawyers.

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Medium 9781574413175

Chapter 12: The John Beal Sneed Wars Continue

Bill Neal University of North Texas Press PDF



The John Beal Sneed

Wars Continue

Combat in the Courts, Firefights in the Streets

JOHN BEAL SNEED walked out of the Vernon courthouse a free

man on February 25, 1913. For almost two years he had soldiered on through physical, mental, and emotional ordeals that would have worn out the body and crushed the spirit of an ordinary man— all the confrontations, the bloodletting, the killing of two human beings, and then being run through the emotional wringer during four murder trials—in three of which his own life hung in the balance. On top of all of that, his family life had been devastated.

In the end, John Beal Sneed’s iron will, his callous disregard for anyone except himself, and his grim determination to prevail, whatever the cost, did prevail. He had succeeded in ending the love triangle between his wife and Al Boyce; he had publicly vindicated his wounded pride by killing Colonel Boyce and Al Boyce; he had forced a woman who hated him to remain his wife and live with him; and finally, he had defeated all the criminal charges lodged against him. It would seem that any mortal man who had been through all that John Beal Sneed had just endured would have been more than

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