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The structure of common law has for many years been the subject of intense debate between formalists and functionalists. The former, drawing on legal realism, proposes that transactional law is a private law for interacting parties, while the later, inspired by Kant, argue it is a public law serving the collective ends of society. But what if there were a unity between functionalism and formalism? What if, in this unity, private law is modfied by a common good? In this thoroughly revised and re-written edition of his classic book 'The Unity of the Common-Law: Studies in Hegelian Jurisprudence,' Alan Brudner draws on Hegel's legal philosophy to exhibit this unity in each of transactional laws main divisions; property, contract, unjust enrichment and tort. Brudner suggests each of these divisions is composed of private-law and public-law parts that complement each other and that they are connected by a single narrative thread. This thread consists in development towards a goal. The goal is the dignity that comes with the attainment of the legal conditions necessary and sufficient for reconciling dependence with independence. Thus the end point is what a transactional law can contribute to a life sufficient for dignity.
Award-winning psychologist Peter Warr explores why some people at work are happier or unhappier than others. He evaluates different approaches to the definition and assessment of happiness, and combines environmental and person-based themes to explain differences in people's experience. A framework of key job characteristics is linked to an account of primary mental processes, and those are set within a summary of demographic, cultural, and occupational patterns. Consequences of happiness or unhappiness for individuals and groups are also reviewed, as is recent literature on unemployment and retirement. Although primarily focusing on job situations, the book shows that processes of happiness are similar across settings of all kinds. It provides a uniquely comprehensive assessment of research published across the world. Initial chapters explore the several meanings of happiness and the ways in which those have been measured by psychologists. The construct includes pleasure, satisfaction and subjective well-being, and unhappiness has been studied in terms of dissatisfaction, strain, anxiety, and depression. The impacts of principal environmental features on these experiences are reviewed through an analogy with vitamins in relation to physical health—beneficial only up to a point. However, environmental effects are not fixed. Influences on happiness from within the person are examined in terms of principal thinking patterns, personality styles, and cultural backgrounds. Differences are explored between groups (men and women, older and younger people, employees who are full-time and part-time, and so on), and processes of person-environment fit are placed within an overall framework which emphasizes the impact of variations in personal salience. The book is written primarily for academic readers, including senior undergraduates, graduate students, teachers, and researchers in fields of Industrial/Organizational Psychology, Management, Human Resources, and Labor Studies. However, the topic's centrality in many professions makes it important also to a wider readership.
Although construction is one of the most labour-intensive industries, people management issues are given inadequate attention. Furthermore, the focus of attention with regards to HR has been on the strategic aspects of HRM function - yet most problems and operational issues arise on projects. To help redress these problems, this book takes a broad view of HRM, examining the strategic and operational aspects of managing people within the construction sector. The book is aimed at project managers and students of project management who, until now, have been handed the responsibility for human resource management without adequate knowledge or training. The issues addressed in this book are internationally relevant, and are of fundamental concern to both students and practitioners involved in the management of construction projects. The text draws on the authors' experience of working with a range of large construction companies in improving their HRM operational activities at both strategic and operational levels, and is well illustrated with case studies of projects and organizations.
Multinational corporations face considerable complexity in setting the terms and conditions of employment. Differing national laws prevent firms from developing consistent sets of employment policies, but, at the same time, employees are often expected