bluuebunny/crossref_metadata_2025 huggingface dataset:
From the Dynamic Structure of the Brain to the Emergence of Time Experiences
Authors: van Wassenhove Virginie
Published: November 2012

Abstract

Time perception remains an open question in cognitive neurosciences. Mechanisms for the encoding of time come in different flavors but the evidence remain sparse for the simplest questions, for instance, which areas in the brain constitute the most reliable sources for the encoding of time? Indeed, not one brain lesion in the cortex can account on its own for a total impairment in timing functions. The aim of this contribution is to highlight key concepts in the history of cognitive neurosciences that are relevant to the study of time perception. An alternative or a complementary approach to the classic clock model view is provided regarding ways in which the brain could automatically encode temporal properties.
Emergent Temporalities in Stravinsky’s “Le Sacre du Printemps”
Authors: Sills Helen
Published: November 2012

Abstract

It has been suggested that time is a description of movement and relative change measured or compared against a standard, whether against sun and clocks in the physical world, or against mental constructs, such as the human experience of a subjective ‘now’. The human brain perceives rates of motion and change through both its sensory systems and its higher order processing pathways, and it seems, is uniquely equipped by its structures to derive a range of temporalities across both the physical and non-material worlds. Because we are perceptive and creative in both physical and abstract domains, we are able to make precise clock-time measurements and evaluate the effects of motion and forces in physical space (as in Einstein’s Theories of Relativity) and also distinguish the subjective temporalities that emerge as different qualities of motion expand our mental space to construct abstract meaning.

This paper looks at the movement patterns of Stravinsky’s ‘Le Sacre du Printemps’, a musical score for the ‘Ballets Russes’ which caused a riot at its première at the Théâtre des Champs-Elysées in Paris in May, 1913. With hindsight, its first audience was much disturbed, perhaps not only by the highly dissonant sounds accompanying ‘primitive’ movements and the act of self-sacrifice, but also subliminally, by the work’s stark portrayal of pure temporalities: its activity, structure and organised complexity exposed them—and still exposes us, 100 years later—to the raw process of being and becoming, to both actual and emergent temporalities. In the course of ‘Le Sacre du Printemps’, Stravinsky’s organisation of motion, of both rhythm and pitch, transforms our temporal experience from that of the here and now, the physical ‘closeness between man and earth’, to that of the highly abstract ‘triumph of the human spirit’, in what he called ‘a single endless dialogue, an inconceivable conversation’. The means by which, and the point at which each of the four levels of organised movement emerges, is interesting in the light of our ability to construct temporality in both the physical and non-material realms. At the reductionist level, the work’s movement away from the ‘here and now’ invites connections and relations with current ideas about time in physics, while its marriage of rhythms in sound and space, its association of sound and gesture, and its organisation of motion creates a temporal entity whose effect upon the psyche is consistent with what is now known about the brain’s higher-order processing of music and movement.
Time and the Emergence of Values
Authors: Mooij J.J.A.
Published: November 2012

Abstract

During the last century it has often been argued that mind emerges from matter. Values, on the other hand, were rather thought to be (merely) supervenient. However, it seems reasonable to conclude that values are at least conceptually (or epistemically) emergent on neutral facts. This process of emergence, of course, is a temporal process. It may have taken a long time for certain values to arise, and they presuppose conscious memory and expectation. Moreover, even when constituted, values involve time. They do so mainly in two ways. Firstly, by having a temporal aspect, as in certain moral virtues and obligations. Secondly, by having time itself as their object. Examples can be seen in religion (sacred/secular time), economy (“time is money”, time can be cheap or expensive, wasted or gained), sport (priority), science (idem) and art (rhythm and related properties).
Israel in Contemporary Evangelical Christian Millennial Thought
Authors: Ariel Yaakov
Published: November 2012

Abstract

Israel and the Jewish people play a central role in the millennial thought of evangelical Christians. Drawing on older Christian messianic elements, as well as introducing new concepts, evangelicals have looked upon the Jews as historical Israel and at Palestine as ground zero of End-Times millennial events. Beginning in the nineteenth century, evangelicals have become actively involved in attempts to build a Jewish commonwealth in Palestine. They have looked upon the building of a Jewish state as a “sign of the time,” an indication that the current era is ending and the messianic events are about to occur. Especially in the aftermath of the 1967 war, evangelicals have become ardent supporters of Israel, turning in effect into a pro-Israel lobby in Washington and, at times, in other capitals too. Although evangelical Christians are engaged in extensive missionary work among Jews, an unprecedented cooperation has developed between groups of evangelicals and Orthodox-nationalist Jews. Among the mutual projects is the attempt to build the Temple in Jerusalem in preparation for the events preceding the arrival of the Messiah to earth.
A New Order of the Ages: Eschatological Vision in Virgil and Beyond
Authors: Jackson Peter
Published: November 2012

Abstract

Proceeding from the Latin mottoes for the Great Seal of the United States, this paper explores the use and repercussions of eschatological themes in Virgil’s poetry. A hitherto unnoticed datum in the history of the Great Seal’s final design exemplifies how comparatively recent readings of the myth of Aeneas and the Cumaean Sibyl could inform our understanding of how the same myth was conceived in the Augustan Age. The discussion revolves around topics such as ekphrasis, the conflation of memoir and myth, and the eschatological significance of spatial and temporal transmission. The final part of the paper introduces some new thoughts concerning the ludi tarentini and the centennial life span.
A Style-Sensitive Approach to Religion and Film
Authors: Last Richard
Published: November 2012

Abstract

Religion and film courses have become popular additions to undergraduate course calendars. However, this relatively new discipline still lacks methodological sophistication. The present study proposes that instructors and critics should begin to afford attention to the ways in which films articulate meaning through their audio-visual, stylistic dimensions. Film style is an important element of filmmaking that has largely been ignored by scholars of religion. By affording attention to the aspects of film that distinguish it from other artistic media, critics and instructors will be able to better illuminate the manner in which religious material is expressed through the film medium.
Belief in Animal Mind: Does Familiarity with Animals Influence Beliefs about Animal Emotions?
Authors: Morris Paul , Knight Sarah , Lesley Sarah
Published: November 2012

Abstract

Belief in the mental lives of nonhuman animals can have an impact on how we view and treat them, yet little is known about how and why laypeople attribute emotions to other species. The current study investigated how familiarity with animals (in terms of ownership) relates to beliefs regarding different emotions within and across species. An opportunity sample of 200 participants completed a questionnaire that measured familiarity with animals and beliefs about the capacity of a variety of species to experience a range of 16 different emotions. Participants reported varied levels of experience with animals and it was found that, regardless of familiarity, participants reported a wide variety of emotions in all the species they were asked to consider. However, participants who had never lived with an animal reported far fewer emotions than those who had, regardless of species. Keeping more than one animal did not increase the number of emotions reported. Keepers of a particular species always reported more emotions for that species than nonkeepers of that species. We conclude that familiarity with animals is an important determinant of belief about emotions in animals and animal mind in general.
Effect of Human Body Position on the Swimming Behavior of Bull Sharks, Carcharhinus leucas
Authors: Ritter Erich , Amin Raid
Published: November 2012

Abstract

This study tested whether human body orientation can influence the behavior of bull sharks by examining sharks’ approach distances from a person positioned vertically or horizontally in the water. Results showed that bull sharks,Carcharhinus leucas, kept a significantly greater distance when the test subject was standing in chest-deep water with his head above water versus lying on the ocean floor. Furthermore, larger bull sharks in the immediate area withdrew when the subject entered the water.
Equine-Facilitated Psychotherapy: The Gap between Practice and Knowledge
Authors: Bachi Keren
Published: November 2012

Abstract

Equine-Facilitated Psychotherapy (EFP) is widely used, and the uses to which it can be put are still being developed. However, existing knowledge about this field is insufficient, and most of the research suffers from methodological problems that compromise its rigor. This review will explore research into the linked fields of Animal-Assisted Therapy and Equine-Assisted Activities/Therapies (EAA/T) related to physical health. Existing knowledge of mental, emotional, and social applications of EAA/T is presented. Evaluation studies in the subfield suggest that people benefit from interventions with horses. However, these studies suffer from fundamental problems, such as small sample size and lack of control groups. Naturalistic inquiry about theoretical aspects highlights the fundamental role that human-horse relations play in EAA/T, but these studies exhibit deficiencies in theory development. A multimethod approach could promote knowledge development for EFP. Suggestions for future research concern methodological solutions to improve evaluation studies, use of grounded theory method to develop theory, as well as applying attachment theory to the human-horse context, which may offer insight about the underlying processes for change.
On Wild Animals, Hubris, and Redemption
Authors: Nance Susan
Published: November 2012

Abstract

This review considers three recent films that focus on the lives of captive exotic animals and the people who keep them: Water for Elephants (2011), a fictional Hollywood feature, and the documentaries One Lucky Elephant (2010) and The Elephant in the Living Room (2010). Despite their different motivations and target audiences, all three productions tell the stories of well-meaning people who take wild animals captive—most prominently elephants and lions—believing that only they can keep the animals safe and fulfilled. In each context, these people have profound, if self-interested, emotional attachments to their nonhuman captives. These three films, then, offer captive wild animals as ambivalent figures and cinematic loci for stories of human hubris and redemption.
Who Feels Sympathy for Roosters Used in Cockfighting? Examining the Influence of Feelings, Belief in Animal Mind, Personality, and Empathy-Related Traits
Authors: Lee Sherman A. , Quarles Linsey
Published: November 2012

Abstract

Since the 2007 Vick dog-fighting case, much attention has been focused on cruelty against dogs. Cockfighting roosters, on the other hand, have been virtually ignored by scientists and laypeople alike. Accordingly, very little is known about our emotional reactions to roosters used for cockfighting. The present study attempts to fill this void in the scientific literature by examining the relationship between individual differences variables and sympathetic reactions to roosters used for cockfighting depicted in a video newscast. The results were robust, with individual differences variables explaining 51% of the variability in sympathetic reactions to cockfighting roosters. Specifically, feelings toward roosters, extraversion, conscientiousness, and trait sympathy for animal suffering emerged as significant predictors, while belief in animal mind did not. The implications and limitations of these results are discussed.
The Role of Corporate Social Responsibility and Soft Law Options in the Protection of Migrant Workers’ Interests in Host Countries — The Case of Malaysia
Authors: Sundra-Karean Vanitha , Syed Ahmad Sharifah Suhanah
Published: November 2012

Abstract

This article examines the potential for corporate social responsibility (CSR) and other soft law initiatives in generating change for blue-collar migrant workers in the Malaysian workplace. We explain the absence thus far of adequate protection for blue-collar migrant labour in formal law and corporate governance from a ‘path-dependence’ perspective and examine the potential of soft law options and government policies on labour migration as possible catalysts of change. The impact of the 1997 Asian financial crisis in creating new corporate governance rules and government support for the development of CSR is discussed along with international initiatives, such as the United Nations Global Compact, whereby Malaysian companies have committed to playing a positive role in creating favourable outcomes for labour and human rights. Avenues of development vis-à-vis CSR and other soft law mechanisms for blue-collar migrant workers are offered. We conclude with a comment on the trajectory for CSR, soft law options and blue-collar migrant employee relations in Malaysia by highlighting the potential for hybrid labour regulation, whereby soft law may be hardened through creative methods of interpretation by the courts.
Turning the Table on the Exploitative Recruitment of Migrant Workers: The Cambodian Experience
Authors: Holliday Jenna K.
Published: November 2012

Abstract

In 2009, regular labour migration from Cambodia to Malaysia grew at a rapid rate. As the result of a ban imposed by Indonesia, Cambodia’s private sector responded by immediately recruiting to fill the void. The number of women recruited, trained and sent to Malaysia was too high for the Cambodian Government to keep track of and by 2010 reports of underage recruitment, debt bondage and abuse in training centres were growing. Unable to control the recruitment agencies and with growing numbers of reports of abuse in Malaysia, Cambodia banned the sending of domestic workers to Malaysia in 2011. Since this ban, the government has been working to strengthen the system of labour migration management. The changes under way do little, however, to address the specific problems that existed before the ban. In addition, in developing initiatives that are restricted to the establishment of an agreement with Malaysia, increasing regulation and improving conditions in training centres, Cambodia is missing an opportunity to establish a comprehensive and self-sustainable system of protection, welfare and support for migrant workers. Cambodia has a unique opportunity to set up enduring systems that can regulate recruiters and protect migrants as the sector expands to other countries and other industries. In not taking full advantage of this opportunity, there is a real chance that this ban will not be the last.
Management of Cross-border Migration: Thailand as a Case of Net Immigration
Authors: Chalamwong Yongyuth , Meepien Jidapa , Hongprayoon Khanittha
Published: November 2012

Abstract

The increase of migrant workers into the Kingdom of Thailand began in the mid-1980s and early 1990s when Thailand was in transition from a low-end labour-intensive economy, to a capital-intensive one. The role of migrant workers became even more evident when Thailand encountered the economic crisis of the mid-1990s. Current statistics indicate that Thailand receives more than a million migrant workers from neighbouring countries, including Myanmar, Lao PDR and Cambodia. This paper traces the five stages of the Royal Thai Government’s (RTG) policies to managing cross-border migration and migrant worker issues in Thailand. It argues that despite the introduction of policies of management of the issue, migrant workers are vulnerable to human trafficking. Furthermore, as more often than not migrant workers are irregular migrants, they are treated as a risk to national security. As such they are vulnerable to labour exploitation. This paper analyses the problems in policy and legal enforcement between countries of origin and the RTG, suggesting ways in which these problems can be overcome to ensure compliance with international norms, and thus the responsibility of the RTG to its ‘foreign workers’.
“He Shall Bathe in Water; then He Shall Be Pure”: Ancient Immersion Practice in the Light of Archaeological Evidence
Authors: Katz Hayah
Published: November 2012

Abstract

The rite of purification according to biblical rules was accomplished by washing in water, but the precise nature of this necessary washing is not specified anywhere. The absence of installations meant for ritual washing, along with the limited availability of springs and cisterns within the borders of the Kingdom of Judah, require us to assume that while immersion in springs was a possible mode of purification, in most instances ritual washing during the time of the First Temple was accomplished by pouring water from a vessel over the body. That purification could take place within the confines of a private residence, as in the case of Bathsheba. Only from the period of the Second Temple onwards do we witness a change in the manner of ritual washing, such that purification comes to require immersion of the entire body, all at once, in living water.
«YHWH Seba’ot devient le grand roi». Une interprétation de Ml 1,6-14 à la lumière du contexte perse
Authors: Himbaza Innocent
Published: November 2012

Abstract

While books like Isaiah, Ezra-Nehemiah and Chronicles include the accession of Cyrus to power in God’s plan for his people, the book of Malachi keeps its distance from the Persian empire. The reading of Malachi 1:6-14 shows that the author was sensitive to Persian propaganda ; he subtly preached against it. Besides the restauration of worthy cultic rites, the main goal of this passage is to assert that the true great king is YHWH Seba’ot, not the Persian king. Thus, Malachi 1:11.14 should be interpreted as an affirmation of the present status of YHWH.
Frei aber arm? Soziale Sicherheit als Schlüssel zum Verhältnis der Sklavenfreilassungsgesetze im Pentateuch
Authors: Kilchör Benjamin
Published: November 2012

Abstract

A synoptic examination of the laws concerning the liberation of slaves in Ex 21:2-11, Lev 25:39-46 and Dtn 15:12-18 which considers the relationship of all three texts to each other seems to suggest that the law in Dtn combines the other two texts. This is supported by the observation of A. Schenker that the stipulations in Lev 25:39-46 and Ex 21:3-4 are complementary. The earlier arguments for a dependency of Lev 25 on Dtn 15—critically evaluated in the version of Stackert here—are no longer sustainable. It seems that Dtn 15:12-18 is an attempt to transfer the complementary stipulations of Ex 21:2-11 and Lev 25:39-46 into a consistent rule doing justice to both laws. The hermeneutical key is social protection.
T. B. Dozeman’s Revision of Exod 2:11-13: A Critique
Authors: Makujina John
Published: November 2012

Abstract

This article challenges two planks of T. B. Dozeman’s interpretation of Exod 2:11-13: (1) the Egyptian whom Moses slew, first killed the Hebrew; (2) in the following scene, one Hebrew murdered the other.
God consists of both the Male and the Female Genders: A short note on Gen 1:27
Authors: Gudbergsen Thomas
Published: November 2012

Abstract

A syntactic analysis of Gen 1:27 shows that this verse not only speaks about a sexual distinction in humanity, it also clearly indicates that God consists of both male and female genders.
Vor wem soll die Auskundschaftung Jerichos geheim gehalten werden? Eine Frage zu Josua 2:1
Authors: Krause Joachim J.
Published: November 2012

Abstract

The present paper poses an often overlooked question and weighs possible answers: Does the word חרש in Josh 2:1 qualify the mission of the spies sent to Jericho, or is it meant to inform the reader that Joshua kept that mission a secret from the Israelites?
The First Principles of Latin Neoplatonism: Augustine, Macrobius, Boethius
Authors: Gersh Stephen
Published: November 2012

Abstract

This essay attempts to provide more evidence for the notions that there actually is a Latin (as opposed to a Greek) Neoplatonic tradition in late antiquity, that this tradition includes a systematic theory of first principles, and that this tradition and theory are influential in Western Europe during the Middle Ages. The method of the essay is intended to be novel in that, instead of examining authors or works in a chronological sequence and attempting to isolate doctrines in the traditional manner, it proceeds by identifying certain philosophemes (a concept borrowed from structuralist and post-structuralist thought and here signifying certain minimal units from which philosophical “systems” can be constructed), and then studying the combination and re-combination of these philosophemes consciously and unconsciously by a selection of important medieval writers. These philosophemes occur in Augustine, De Genesi ad Litteram; Augustine, De Trinitate; Augustine, De Vera Religione; Augustine, De Musica; Macrobius, Commentarius in Somnium Scipionis; and Boethius, De Consolatione Philosophiae. The sampling of medieval authors who use these philosophemes includes Eriugena, William of Conches, Thierry of Chartres, and Nicholas of Cusa.
The So-Called Passivum Divinum in Mark’s Gospel
Authors: Pascut Beniamin
Published: November 2012

Abstract

Looking at a number of passive verbs that have been labeled divine passives in Markan scholarship, this essay will demonstrate that Mark does not always record passives to score theological points about divine activity. At times, while the passive voice assumes that God is the initiator, the action is in fact carried out by other agency, while other times passive forms can have intransitive meaning without any implication of another agent involved. Passive verbs are also employed to emphasize certain actions and to suppress the identity of the responsible agents when they are irrelevant in the unfolding narrative. In the miracle tradition there is little indication of divine passives in operation, and the passive voice is used to express Jesus’ actions.
Optimal design of experiments on nematode dynamics and crop yield
Authors: van den Berg Wim , Grasman Johan , Rossing Walter A.H.
Published: November 2012

Experimental design theory provides tools to estimate parameters of nematode dynamics and yield loss functions with the highest accuracy given the available budget for the experiment. Variables in models, which take the role of predictors, are given values and a weight so that the best result is obtained. As a side result the prediction of the response will have a minimal variance. We introduce the concept of D-optimum design and consider in our models two response variables: the nematode density at the end of the season and the crop yield. Both variables depend on the same predictor, the initial nematode density. D-optimum design applies to linear regression models. For models that are nonlinear in the parameters, as is the case in this study, a linearisation at a given point in a parameter plane is used. When the initial nematode density at the experimental units is known prior to experimentation, one may optimally allocate the treatments to the units by selecting the combination that has the highest efficiency.
Economic Inequality, Poverty, and Tolerance: Evidence from 22 Countries
Authors: Milligan Scott
Published: November 2012

Abstract

Using multilevel models fitted to data from the World Values Survey and national statistics for 22 countries, this paper explores the relationship between both economic inequality and poverty – both across and within nations – and ethnic and religious tolerance. Consistent with previous research, the results demonstrate a positive relationship between individual-level incomes and tolerance. The results also provide contextual modifications to aspects of Inglehart’s (1987) post-materialist thesis by showing that while tolerance is positively associated with national-level economic prosperity, the relationship is stronger for higher income earners than for those who earn less. Finally, the study also contributes an entirely new finding regarding the influence of poverty on tolerance. Specifically, tolerance tends to be highest in countries with low poverty levels. This finding holds for people throughout the income distribution. The paper concludes with a discussion of the policy implications of these findings.
Comparative Perspectives on Social Integration in Pluralistic Societies: Thick Norms versus Thin
Authors: Gregg Benjamin
Published: November 2012

Abstract

I address major challenges to dealing with contentious public issues by replacing thick norms with thin ones: (1) Secularism, individual liberty, equal rights, and rule of law lend themselves to politics more thin than thick; does this condemn the approach to its own kind of thickness? (2) If the unit of analysis is the individual, and if the individual’s primary project is his or her liberty, must this approach threaten the communitarian self-understandings of some groups? (3) Does it fundamentalize political liberalism? (4) What about addressees likely to reject thin norms, such as persons guided by an otherworldly authority or an authoritarian ideology? (5) Is this approach defeated where territorialized membership rights clash with thin norms, for example in the European Union: a political and economic community internally somewhat thin yet externally thick?
Towards a Vision of Thick Conversation: Explorations in Bioethics and Interfaith Deliberation
Authors: Johnson Kristen Deede
Published: November 2012

Abstract

This article suggests that we, as a political community, allow some normative thickness into our public deliberation by ensuring that space is available for thick convictions to be drawn on, appealed to, and brought into political and public conversation. Through an exploration of bioethical deliberation as undertaken in the Kass Council and interfaith interaction as encouraged through Scriptural Reasoning and the Interfaith Youth Core, it paints a picture of normatively thick conversation that encourages participants to honor differences and to learn from other participants through those differences, with the hope that such rich and deep interaction might benefit our communities of belief and society in general.
Mediating Between Thick Invocations of the Common Good and Thin Apeals to Human Rights: The Case of South Africa
Authors: O’Neill William
Published: November 2012

Abstract

How shall we think of our public reasoning in modern, pluralist societies? Is the most reasonable doctrine a “thin” public morality, e.g., a “moral Esperanto” of rights? Or as Michael Walzer urges, must we concede that “morality is thick from the beginning, culturally integrated” in particular narrative traditions? Benjamin Gregg offers an incisive and original response inThick Moralities, Thin Politics: Social Integration Across Communities of Belief. In responding to Gregg, I explore the role of human rights in the public, political discourse of modern, pluralist polities, drawing, in particular, on victims’ narratives in the South African Truth and Reconciliation Commission (TRC). For, despite its limitations, the TRC offers an illuminating exercise in social integration among diverse communities.
Religion and the Prospects for “Thin” Politics
Authors: Stuvland Aaron
Published: November 2012

Abstract

Religion is a common source of “thick” morality and therefore a common obstacle to public policy consensus in pluralistic societies. But religion also adapts its thick moral commitments to prevailing social, cultural, and procedural dispositions. Engaging the model of “thick moralities and thin politics” proposed by Benjamin Gregg (2003), I explore the process by which religion adapts to the demands of normatively “thin” politics. To conceptualize this, I survey how American Christianity is negotiating aspects of postmodernism and how this negotiation offers one way to understand religion’s increased engagement with politics at the level of thin normativity. Thus, I would add to Gregg’s model by focusing on one example of a transition from “thick to thin”.
Divine Simplicity, Divine Freedom, and the Contingency of Creation: Dogmatic Responses to Some Analytic Questions
Authors: Duby Steven J.
Published: November 2012

Abstract

Recent work from analytic philosophers taking an interest in Christian theology has sought to uncover an apparent tension between divine simplicity and divine freedom. In response, this paper contends for the compatibility of the simplicity of God with the freedom of God and contingency of creation. This response is undertaken, not by developing new counterarguments also in the analytic vein, but by recovering older insights of various scholastic and Puritan authors. With the help of these authors’ expositions of divine simplicity and its theological moorings, the paper identifies problems with postulating divine complexity and then maintains the coherence of divine simplicity and divine freedom through discussions of God’s relative attributes, God’s will to create, and God’s omnipotence.
Safekeeping and Sifting: Observations on the German Reformed Tradition, 1900-1930
Authors: Plasger Georg
Published: November 2012

Abstract

The German Reformed tradition between 1900 and 1930 has received little interest. Much more attention has been given to the Reformed churches during the National Socialist era and on acknowledging the massive influence of Karl Barth. The article gives an overview of the minority denomination of the Reformed confession in Germany. On the one hand we see that the Reformierte Bund, founded in 1884, breaks up during the Calvin jubilee of 1909. On the other hand, the crisis after World War I brought further difficulties. In the nineteen-twenties, a discussion grew about the function of the Reformed Confessions—are they to be kept intact and normative (so the Young Reformed line) or should they function to sift and sort out what is needed in each era and location (so Karl Barth)?
Public Theological Remarks on Time Discounting and Intergenerational Justice
Authors: van der Merwe Izak Johannes (Johan)
Published: November 2012

Abstract

This article inhabits an interdisciplinary space between ecological economics and public theology. After the publication of the 2007 Stern report a debate ensued about the way the economic tool of time discounting is applied as a means to assess the cost of climate change. In this article, the debate is reviewed and the notions of intergenerational justice, sacrifice, stewardship and servant leadership in the Christian tradition are subsequently identified as valuable resources that are recognized by a growing number of philosophers, economists and business leaders, as being of benefit to the conversation on the present generation’s responsibilities to future generations. Time discounting is regarded in this article as a morally questionable economic method to weigh the costs of climate change.
Word versus Honor: The Case of Françoise de Rohan vs. Jacques de Savoie
Authors: McIlvenna Una
Published: November 2012

Abstract

This paper examines one of the most notorious scandals of sixteenth-century France. In 1557, Françoise de Rohan, a lady-in-waiting to Catherine de Medici, launched a legal battle to get the duke of Nemours, Jacques de Savoie, to recognize their orally-agreed marriage contract and formally recognize the child whom he had fathered with her. Central to Rohan’s case were not only the love-letters Nemours had written to her but also the eye-witness testimonies of her servants, who had overheard their marriage vows and had witnessed their love-making. Nemours’s only defense was his word of honor as a gentleman that no marriage had taken place. This paper situates the case of Rohan vs. Nemours within a transitory period in French society as oral and literate cultures competed for precedence, and asks what happens to the concept of honor when the spoken word is no longer to be trusted.
The Conclave from the “Outside In”: Rumor, Speculation, and Disorder in Rome during Early Modern Papal Elections
Authors: Hunt John M.
Published: November 2012

Abstract

The secret politicking of the papal conclaves has fascinated scholars since Ranke first gained access to the Vatican’s Secret Archives. But few scholars have seriously studied what occurred outside the conclave. Early modern papal elections attracted a great deal of attention from both commoners and elites, which beget speculation about its proceedings, rumors, and even disorder. Everyone in Rome had their own agenda for wanting to know more about the conclave: brokers needed to be informed when accepting wagers on the election; French and Spanish ambassadors wanted information on the direction of the election; and crowds eagerly anticipated pillaging the pope-elect’s cell and palace. Writers of newssheets kept this attentive audience fed with information, but their activities also contributed to the circulation of rumors during the conclave. The conclave thus created a unique but ephemeral public sphere, one that was very different from Habermas’s classic bourgeois model. The public only dimly learned the secrets of the conclave. Misunderstanding and disorder reigned supreme. Nevertheless, the papal election opened a privileged time in Rome in which the public expressed its opinion about high politics, an activity normally forbidden to it by living popes.
She Said, He Said: Situated Oralities in Judicial Records from Early Modern Rome
Authors: Cohen Elizabeth S.
Published: November 2012

Abstract

In practice, early modern culture was for most Europeans more oral than written. Yet spoken words, especially those of ordinary people, are, for scholars, tantalizingly elusive. Testimonies, recorded verbatim, in judicial proceedings for the city of Rome and other Italian jurisdictions offer rich repositories of oral expression uttered by women and men of diverse ages and social positions. Yet to explore these documents as terrains of speech and oral culture, we must attend closely to the processes by which these words were assembled and transcribed. Everyday talk that we hear in the trials was deeply situated: in the intricate hybridity of oral/written cultures that characterized much of the early modern world; in the layered oral and written formats of judicial process; and in the social and gendered circumstances of the speakers. These frames shaped the orality that we see in the trials, but did not obliterate individual agency in speech.
The Absence of Sin in Sexual Dreams in the Writings of Augustine and Cassian
Authors: Wei Simon Lienyueh
Published: November 2012

Abstract

Despite being an embarrassing and rarely-addressed issue in the early Church, sexual dreams were ardently discoursed by Augustine and Cassian. In their discussions, not only sexual dreams became an indicator of the dreamer’s moral disposition but a moral hierarchy of dreamers was created for the first time in Christianity. Moreover, while many early and modern Christians consider dreaming of concupiscent images or having a nocturnal emission as sinful, surprisingly these two church fathers doctrinally justified oneiric sexual sinners as innocent. Their doctrine of sin converted the dominion of dreams into the only place where people were inculpable for their ‘sinful deeds’. This article examines their conception of sexual dreams and their articulation of the doctrine of sin by them.
Irenaeus as Logos Theologian
Authors: Lashier Jackson
Published: November 2012

Abstract

Despite the prevalence of “Logos” as a christological title in his works, Irenaeus of Lyons has not been considered a Logos theologian due to an untenable presupposition that the Greek doctrine of the Logos has no place in the biblical thought of Irenaeus. The purpose of this article is to study Irenaeus’ use of “Logos” in explaining the nature and work of the Second Person, particularly in his pre-incarnational state. Furthermore, I read Irenaeus in conjunction with Justin’s Logos theology to demonstrate that Irenaeus alters the dominant understanding of Logos theology in the second century. In Irenaeus’ works, the title “Logos” functions to unite the Father and Son in one, equal divine nature, allowing the Son to work on behalf of the Father in creation as an agent of creation and revelation.
To Act or Not to Act, That Is the Question: Informed Consent in a Criminal Perspective
Authors: Raposo Vera Lúcia
Published: November 2012

Abstract

Some years ago the doctor was seen as the one who “knows better”, and it was absolutely unconceivable that the patient could refuse the suggested treatment or even ask any questions about it. Differently, nowadays doctors face demands to keep their patients informed and can even be sued when they act without patient knowledge and consent. On the patient’s side this new paradigm does not necessarily legitimate euthanasia — still criminally forbidden in most parts of the world — but allows some kind of personal power over body, health and life, materialized in advance directives. On the doctor’s side, it entails a change in the list of good medical practices, imposing the doctrine of informed consent and the prohibition of dysthanasia.
What Should a Re-constituted Southern African Development Community (SADC) Tribunal Be Mindful of to Succeed?
Authors: Chigara Ben
Published: November 2012

The Southern African Development Community (SADC) is a sub-regional international organisation comprised of 15 transitional States that have embraced the principle of the rule of law as a basic norm of their constitutional arrangements. Their biggest challenge presently is to undo the provocative and salient legacy of social, economic and psychological apartheid on their territories for almost a century, without disrupting their developmental endeavours. This article examines the question of what role if any the SADC Tribunal envisaged under Article 9 of the constitutive SADC Treaty might play to facilitate successful transitions from apartheid to egalitarian rule. It shows that a multiplicity of dialectics abound that do not allow for easy answers, much to the frustration of both the cultural relativists and their rivals, the universalists, regarding human rights protection. The article recommends meaningful pedagogical engagement of the challenges confronting the SADC sub-region as a direct consequence of almost a century of apartheid – the worst form of governance known to man in recent times. This should inform national, sub-regional and regional dynamics in the pursuit of SADC goals and aspirations. SADC Human Rights Courts and Tribunals are encouraged to develop a “due-account jurisprudence” that is congruous with the transitional requirements of their societies just as the German Federal Constitutional Court had done in the aftermath of the fall of the Reich, and also after the re-unification of Germany.
The Function of Opinio Juris in Customary International Law
Authors: Dahlman Christian
Published: November 2012

This article claims that the requirement of opinio juris in the formation of customary international law means that a general practice must be generally accepted among states to become customary law. The article argues that opinio juris serves an important function. It prevents generally unwanted general practice from becoming customary law.
Fighting Statelessness and Discriminatory Nationality Laws in Europe
Authors: van Waas Laura
Published: November 2012

Abstract

The European Convention on Nationality opens with an articulation of the general principles upon which the instrument rests. These can be summarised as follows: (i) states are free to determine who are their nationals, within the limits set by international law; (ii) statelessness shall be avoided; and (iii) rules relating to nationality may not be discriminatory. Here, the second and third statements give content to the first. Thus, the most significant limits imposed by international law with regard to the regulation of nationality are standards relating to the avoidance of statelessness and to the principle of non-discrimination. This article explores the development of these two sets of standards in the European context through an analysis of the further provisions of the European Convention on Nationality as well as an investigation of emerging regional jurisprudence. In particular, the article considers the significance of the recent Rottmann (ECJ 2010) and Genovese (ECtHR 2011) rulings.
UNHCR’s Mandate and Activities to Address Statelessness in Europe
Authors: Manly Mark
Published: November 2012

Abstract

2011 marked the 50th anniversary of the 1961 Convention on the Reduction of Statelessness. The year was marked by stepped-up, unprecedented activity, culminating in a ministerial-level conference organised by UNHCR, which proved to be a watershed for international efforts on statelessness. The anniversary was also a sobering reminder, however. Fifty years after the adoption of the Convention, statelessness remains a significant problem in Europe and around the world. This article takes stock of statelessness in Europe, understood here as the countries which belong to the Council of Europe, by looking at the four key components of UNHCR’s mandate: identification, prevention and reduction of statelessness and the protection of stateless persons. It does so by looking at some of the key activities undertaken with regard to each of these areas in turn, and ends with a brief analysis of where things stand following the anniversary of 1961 Convention.
Nationality, Statelessness and ECHR’s Article 8: Comments on Genovese v. Malta
Authors: de Groot Rene , Vonk Olivier
Published: November 2012

Abstract

This article analyses the landmark European Court of Human Rights case of Genovese v. Malta, which made an invaluable contribution to the field of nationality law. For the first time the European Court clearly ruled that (access to) nationality falls under the scope of protection of the ECHR as part of a person’s social identity, which in turn is part of that person’s private life. In this article, the authors analyse the case itself as well as its consequences for the nationality laws of several European countries.
Misleading Advertising Practices in Consumer Transactions: Can Arab Lawmakers Gain an Advantage from European Insight?
Authors: Fayyad Mahmoud
Published: November 2012

Abstract

Only a few years after their enactment in several Arab states, consumer protection regulations were already demonstrating their inability to attain their objectives, with regard to the use of misleading commercial advertising in market transactions. Because the regulations are not equivalent to specific rules and prohibitions to address the use of misleading advertisements, many local parties have demanded that the regulations be amended. Although Islamic law also prohibits the use of misleading advertising, its guidelines do not provide specific prohibitions with which to control deceptive practices. In 2005, European legislators regulated Directive 2005/29/EC in an attempt to combat the use of unfair commercial practices, including the use of misleading advertising in market transactions. This Directive provides clear and specific measures enabling control to be carried out. This article will address how Arab lawmakers can benefit from this European experience.
Islamic Capitalism—An Imminent Reality or a Hopeful Possibility for Islamic Finance?
Authors: Elshurafa Dina
Published: November 2012

Abstract

This paper explores the future of Islamic finance and the sustainability of its development alongside conventional finance within the same capitalistic framework and posits an alternative capitalist structure as a principled foundation for Islamic finance based on Islamic ideals. The success of this medium will ultimately depend on the extent to which traditionalists, who resist departing from ‘purist’ Islamic principles, will challenge the ijtihād of modernists and their support for innovation. The combined knowledge and cooperation of the fiqh scholars and secular experts can facilitate the development and standardisation of Islamic financial instruments. Points of tension between scholars and secular financial experts should not hinder the process of innovation. Instead, their interaction should be seen as an opportunity for creating a platform for an intellectual discourse, especially in the wake of Western economic crises and the demise of the West’s monopoly over global finance.
Governance, Peace and Human Rights Violations in Africa: Addressing the Application of the Right to Self-Determination in Post-Independence Africa
Authors: Mhango Mtendeweka
Published: November 2012

Abstract

Recent claims of self-determination in post-independence Africa have put pressure on African regional judicial bodies to define the scope of this right. This article examines governance, peace and human rights violation issues in the context of the application of the right to self-determination in post-independence Africa. It scrutinizes the ruling by the African Commission in Katangese Peoples Congress v. Zaire, and argues that this ruling exhibits the African Commission’s encouraging view of self-determination under the African Charter, and the likely recognition of a right to an autonomy regime in post-independence Africa. The article maintains that many of the legal issues in Katanga will likely be raised again, either before the African Commission or the African Court, due to recent and increased claims of self-determination by groups within African states. It examines whether the recognition of a right to autonomy regime could have positive impact on good governance, peace and development in Africa.
Political and Naturalistic Conceptions of Human Rights: A False Polemic?
Authors: Liao S. Matthew , Etinson Adam
Published: November 2012

What are human rights? According to one longstanding account, the Naturalistic Conception of human rights, human rights are those that we have simply in virtue of being human. In recent years, however, a new and purportedly alternative conception of human rights has become increasingly popular. This is the so-called Political Conception of human rights, the proponents of which include John Rawls, Charles Beitz, and Joseph Raz. In this paper we argue for three claims. First, we demonstrate that Naturalistic Conceptions of human rights can accommodate two of the most salient concerns that proponents of the Political Conception have raised about them. Second, we argue that the theoretical distance between Naturalistic and Political Conceptions is not as great as it has been made out to be. Finally, we argue that a Political Conception of human rights, on its own, lacks the resources necessary to determine the substantive content of human rights. If we are right, not only should the Naturalistic Conception not be rejected, the Political Conception is in fact incomplete without the theoretical resources that a Naturalistic Conception characteristically provides. These three claims, in tandem, provide a fresh and largely conciliatory perspective on the ongoing debate between proponents of Political and Naturalistic Conceptions of human rights.