bluuebunny/crossref_metadata_2025 huggingface dataset:
Indian manuscripts without autograph? A computer analysis
Authors: Callewaert Winand M.
Published: March 2012

The computer count establishes that, in the case of Nāmdev's poems, there is no consistent relation between two manuscripts of the same ‘recension’. We noticed also that, when looking at variants from different angles, no consistent relation even between manuscripts is seen throughout. This suggests a very nebulous interaction between singing traditions and the fact that we should not look for a ‘critical line’ of Nāmdev or try to prepare an edition of the original version of Nāmdev's poetry. This hypothesis is a challenge to existing ‘critical editions’ of Early Hindi Poetry, in which generally the ‘original’ version is reconstructed after constructing a stemma based on (scribal) variants. If there is no stemma and no justified ‘critical’ line, then what do we have? We have the conviction that, possibly for centuries, a Nāmdev enthusiasm was enchanting people in Rajasthan and Punjab (North-West India), linked vaguely to Nāmdev's hymns of the 14th century.
Féminisme et vacuité dans l'univers Abhirati
Authors: Dantinne Jean
Published: March 2012

The leading role played by women in the Universe Abhirati, Aksobhya's Buddhafield, distinguishes it sharply from other buddhaksetra If we bear in mind that the pessimistic views concerning women, expressed in the majority of Mahāyānic sūtras, will finally prevail, the specific ideas expressed in the Chinese and Tibetan translations of the Aksobhyavyūha should receive due consideration.In this sūtra, the emptiness of the dharmas is indubitably related to the Perfection of Wisdom (prajñāpāramitā) and imbued with a definite salvation-power, although it can hardly be on a par with the realistic description of Abhirati and the fluctuating religious doctrine of the early stage of Mahāyāna, to which two of the lost Indian versions of the Aksobhyavyūha might have belonged.
Le droit a l'adhyayana selon la Mīmāsā
Authors: Verpoorten Jean-Marie
Published: March 2012

This paper is a short survey of five Mīmāmsā authors-in chronological order, Śabara, Kumārila, Prabhākara, Śālikanātha, Pārthāsārathi Miśra - in reference to the right (adhikāra) of learning by heart the Veda (adhyayana). More or less explicitly, they dismiss it for the social class of the śūdra, and their gloss on the first sūtra of the śūdra is highlighted with the help of this view. The paper summarizes also a number of points raised by this complicated sūtra.
Les noms de l'expiation dans le vidēvdāt
Authors: Vleminck Serge
Published: March 2012

L'analyse philologique du Vidēvdāt laisse apparaître une conception particulière de l'expiation. Celle-ci est envisagée comme une sorte de transaction: il s'agit de remettre en ordre la situation désorganisée par la transgression. Le responsable fournit une réparation (ciā-), qui va à l'encontre de (paititay-) la faute. Ce paitita- rétablit l'ordre (par-), de manière à neutraliser (uzuuar∂z-) le mal accompli: le fidèle restera ainsi en ordre vis-à-vis de sa religion. En outre, cette démarche remet le pêcheur, que sa mauvaise action a souillé, en état de participer au culte (yaozdā-).
"Thus I have Heard: At One Time"
Authors: Tatz
Published: March 2012

No Abstract
The Origin of the Vedic 2nd Sing. Imperative in -SI
Authors: Shields
Published: March 2012

No Abstract
Reviews
Authors: Oldmeadow
Published: March 2012

No Abstract
Reviews; Marina Muilwijk, The Divine Kura Tribe. Kuravañci and other Prabandhams
Authors: Tieken
Published: March 2012

No Abstract
Reviews; E. Steinkellner und M.T. Much, Texte der erkenntnistheoretischen Schule des Buddhismus. Systematische Übersicht über die buddhistische Sanskrit-Literatur II
Authors: Jong
Published: March 2012

No Abstract
First Greek and Latin Documents on Sahagamana and Some Connected Problems (Part 2)
Authors: Garzilli
Published: March 2012

No Abstract
Konrad Meisig, Erzähltechniken der Nayī Kahānī
Authors: Orsini
Published: March 2012

No Abstract
Stability and Adaptability: A Jain Strategy for Survival and Growth
Authors: Qvarnström
Published: March 2012

No Abstract
Sanskrit-Texte aus dem buddhistischen Kanon: Neuentdeckungen und Neueditionen III
Authors: de Jong
Published: March 2012

No Abstract
Peter Schwieger, Tibetische Handschriften und Blockdrucke
Authors: Jong
Published: March 2012

No Abstract
Dasa Vastuni und der Begriff Kalpa
Authors: Chung
Published: March 2012

No Abstract
Phl. mānsarspand/māraspand und die Entwicklung der Gruppe -ϑr- im Pahlavi
Authors: Glera
Published: March 2012

No Abstract
Jörg Gengnagel: Māyā, Purusa und Śiva. Die dualistische Tradition des Śivaismus nach Aghoraśivācāryas Tattvaprakāśavrrtti
Authors:   Slaje
Published: March 2012

No Abstract
Jain Perceptions of Islam in the Early Modern Period
Authors: Dundas
Published: March 2012

No Abstract
Minoru Hara and J. C. Wright, Eds., John Brough: Collected Papers
Authors: Silk
Published: March 2012

No Abstract
An Encyclopaedic Dictionary of Sanskrit on Historical Principles. General Editor S. D. Joshi
Authors: Hinüber
Published: March 2012

No Abstract
Reading Augustine through Erasmus' Eyes: Humanist Scholarship and Paratextual Guidance in the Wake of the Reformation
Authors: Visser Arnoud
Published: March 2012

This article investigates Erasmus' edition of the collected works of Augustine of Hippo (Basel 1528–1529) as an example of the interaction between the scholarly culture of Renaissance humanism and the Reformation. It examines how Erasmus' reservations about Augustine's thought informed his presentation of the church father as a brilliant bishop but a mediocre writer. It shows how Erasmus' humanist perspective and theological agenda guided—and at times misguided—his editorial practice, such as in the assessment of authenticity. The result was an edition in which Augustine's works were framed by a highly ideological textual apparatus, which proved especially controversial in post-Tridentine Catholic circles.
From Discourse Politics to Rule of Law: A Constructivist Framework for Understanding Regional Ethnic Autonomy in China
Authors: Chunli Xia
Published: March 2012

This article is a macro study on China's regional ethnic autonomy (REA). Using a constructivist approach, it takes the evolution and development of REA as a process transforming from discourse politics to rule of law. The Chinese Communist Party (CCP), the minority groups, the international human rights advocacy network and the UN human rights mechanisms and other actors have participated in this process, and they use the strategies of promising, encouraging, shaming and mobilising. In this article, the process of REA transformation will be divided into five stages: self-entrapment, tightening-up, discursive-practices stage, regulative stage and practices-consistent stage. It is expected that in the final stage, genuine rule of law and well-institutionalised democracy will be established by which minority rights and their autonomous power could be fully respected, well protected and facilitated.
Ancient Glass in a Philological Context
Authors: Stern E. Marianne
Published: March 2012

This contribution aims to reach linguists and lexicographers as well as generalists and scholars concerned with editing, commenting on, and translating Greek and Latin texts mentioning glass. The article takes the form of eleven stand-alone numbered sections, each addressing individual passages in ancient authors, in the order described below, followed by discussions of the Greek words for glass (kuanos, lithos (khutê), hualos). In particular, it proposes solutions to passages that have baffled editors of ancient texts (Hdt. 3.24; POxy. 3536); it alerts the reader to passages that have been reinterpreted in the light of advances in our understanding of ancient production techniques (Petr. Sat. 51; Plin. Nat. 36.193; Str. 16.2.25) or are placed in a novel context by recent archaeological research (Ar. Ach. 72-3; Ar. Nu. 768; Ath. 5.199f; Diocletian's Price Edict 16.1-9). In order to facilitate consultation and avoid unnecessary repetition, each section addresses one single issue while providing comprehensive background for that issue. An index of citations and Greek and Latin words guides the reader to all sections in which they are discussed; a second index lists subjects relating to ancient glass and (modern) glass terminology.
Structure and Stagecraft in Plautus' Miles Gloriosus
Authors: Maurice Lisa
Published: March 2012

Over recent years it has been recognised that Plautus often uses metatheatricality to underscore the artificiality of his plays, and the Miles Gloriosus has been highlighted as a particularly metatheatrical play. Metatheatricality is strengthened by the structure of the play, which consists of two balanced symmetrical tricks. Both tricks are built of parallel balancing scenes that centre around, and highlight, acting and roleplay. This structure deepens the impact of the metatheatrical elements running throughout the play, inducing a greater awareness of the artificiality of the events being acted out on the stage, as each trick stresses the idea of role assumption and drama as a central theme. By emphasising the nature of roleplay, the structure of the Miles highlights the power of drama. The audience observe the duping of Sceledrus, and witness Pyrgopolynices' posturing and the illusion which he believes to be truth, but fools no one. They are then able to contrast this with Palaestrio's acting ability, which does convince his intended audience. The Miles Gloriosus underscores the paradoxical nature of drama, which convinces despite being based on nothing more than illusion; the play thus demonstrates that herein lies the power of true drama.
The Description of the Palace in Seneca Thyestes 641-82 and the Literary Unity of the Play
Authors: Faber Riemer
Published: March 2012

In the ongoing debate concerning the performability of Senecan tragedy, the plays tend to be studied as either literature or drama. One consequence of this artificial distinction is that set passages such as descriptiones loci appear to support the view that Seneca's plays were intended for public reading, as 'recitation drama'. By means of a close examination of the messenger's description of the palace of Atreus (Thyestes 641-82) in the context of the play as whole, this article suggests that the description functions as a structural device that provides unity to the text of the play.
A Perfect Send-off : Suetonius and the Dying Art of Augustus (Suetonius, Aug. 99)
Authors:   Wardle
Published: March 2012

This paper offers a study of the way in which Suetonius presents the final hours of the emperor Augustus. Against the view that Suetonius presents Augustus as the arch-hypocrite, carrying through to his last minutes the pretence of goodness, through a philological and historiographical analysis, I suggest that every detail contributes to a picture of the paradeigmatic death of the good emperor. Augustus' words and actions demonstrate his clear conscience and concern for empire and family.
O bonheurs du peuple dont Yhwh est le Dieu Nouvelle étude structurelle du psaume 144
Authors: Auffret Pierre
Published: March 2012

Since the proposals made some time ago by Marc Girard and the author regarding the structure of Psalm 144 were far from converging, it appeared useful to reexamine the Psalm. In order to do so as methodologically as possible, the text of Ps 144 is analyzed in three steps, first by considering the structure of its smallest units (verses 1-2, 3-4, 5-6, 7-8, 9, 10-11, 12-15), then of partial units, and finally of the psalm in its entirety. All this leads to the discovery of the relationship between the first part (verses 1-2 + 3-4) and the last part of the text (verses 10-11 + 12-15), as well as between the central unit (vv 7-8) and these extreme units, while verses 5-6 and 9, around the centre, announce the units of vv 10-11 and vv 12-15. At the end of the article the former proposals are reconsidered.
Short Note
Authors: Evans Justin J.
Published: March 2012

The variant found in 11QPsc offers a compelling solution to a text critical problem in Psalm 18:2.
Willing Obedience with Doubts: Abraham at the Binding of Isaac
Authors: Jacobs Jonathan
Published: March 2012

Among biblical commentators and scholars, the accepted view of Abraham in the story of the Binding of Isaac is of a one-dimensional, almost superhuman figure whose entire consciousness, on the way to sacrifice his son, is focused solely on fulfilling the Divine will. According to this view there is no textual evidence of any deliberation or hesitation in Abraham’s mind, and he is to be viewed as praiseworthy for fulfilling God’s will without any doubt or misgiving.In contrast to this prevailing opinion, I attempt to show that the biblical narrator uses various literary devices to hint to the qualms that plague Abraham on his journey. Although he gives no voice to his apprehensiveness, it may be uncovered through a careful and attentive reading of the text, exposing Abraham’s inner world.
Short Note
Authors: Lerner Berel Dov
Published: March 2012

Moses had to “cry out” to God during the plague of frogs in order to hear himself over their loud croaking.
The Question of LXX Jeremiah as a Tool for Literary-Critical Analysis
Authors: Gesundheit Shimon
Published: March 2012

Abstract

Those who disagree with the accepted theory that LXX reflects an ancient Hebrew version of Jeremiah usually point to the greater coherency of MT as proof of its primacy. This study shows the lack of coherency in MT, stemming from the complexity of the text from a literary-critical perspective, and attempts to answer the question of whether LXX can be used in the literary-critical analysis of MT. At least regarding the passage under discussion (Jer 25:1-14), this question must be answered in the negative. It appears that LXX reflects an adapted and “flattened” version of the text. Without the “rough” version found in MT, a version which preserves the tensions and the seams created in the course of the literary growth of the text, it would be likewise impossible to understand the lack of coherence found in LXX.
SHAPE AND HYDRODYNAMIC PROPERTIES IN RELATION TO SIZE IN MARINE MACRO-CRUSTACEA
Authors: Spaargaren
Published: March 2012

In an aquatic environment, the hydrodynamic properties of animals strongly determine their transport and distribution. In macro-crustaceans, lacking well developed capabilities for regulating their specific gravity, hydrodynamic properties are to a large extent determined by their body size and body shape. For 96 macroscopic crustacean species, commonly occurring in the North Sea and eastern Atlantic, data regarding their (adult) body dimensions were fitted into a simple geometric model (an ellipsoid of revolution), which permitted the assessment of their hydrodynamic friction for horizontal and vertical movements. Friction coefficients for horizontal and vertical movement appear to be closely related to each other, vertical friction always being higher. Friction coefficients increase in species with size, but the volume-specific friction coefficients decrease, confirming a higher locomotory freedom in larger species. In the aquatic environment physical freedom is strongly limited by hydrodynamic factors. Certain changes in size and shape can increase physiological and physical independence. In this way crustaceans found many ways to escape the hydrodynamical limitations of their environment. A large variation in size and shape within the subphylum is still preserved. Dans un environnement aquatique, les proprietes hydrodynamiques des aminaux determinent fortement leur transport et leur distribution. Chez les macro-crustaces, qui manquent de capacites bien developpees pour la regulation de leur gravite specifique, les proprietes hydrodynamiques sont dans une large mesure determinees par la taille et la forme de leur corps. Pour 96 especes macroscopiques de crustaces, communement presentes dans la mer du Nord et l'est de l'Atlantique, les donnees relatives aux dimensions de leur corps (chez les adultes) on ete entrees dans un modele geometrique simple (ellipso de de revolution), ce qui a permis d'evaluer leur friction hydrodynamique pour des mouvements vertical et horizontal. Les coefficients de friction pour les mouvements vertical et horizontal apparaissent comme etroitement lies l'un a l'autre, la friction verticale etant toujours plus elevee. Les coefficients de friction croissent avec la taille, mais les coefficients de friction en volume specifique decroissent, ce qui confirme une plus grande liberte locomotrice chez les plus grandes especes. Dans l'environnement aquatique, la liberte physique est fortement limitee par des facteurs hydrodynamiques. Certains changements dans la taille et la forme peuvent accro tre l'independance physique et physiologique. Ainsi, les crustaces ont trouve beaucoup de moynes pour echapper aux limitations hydrodynamiques de leur environnement. Une large variation dans la taille et la forme est encore preservee a l'interieur du subphylum.
Species of Bursaphelenchus Fuchs, 1937 (Nematoda: Parasitaphelenchidae) associated with maritime pine in Portugal
Authors: Penas Ana Catarina , Correia Petra , Bravo Maria Antónia , Mota Manuel , Tenreiro Rogério
Published: March 2012

Species of Bursaphelenchus associated with maritime pine, Pinus pinaster,
from Portugal – within and outside the quarantine restricted demarcated zone
of B. xylophilus – are described and characterised both morphologically (LM
and SEM) and with the use of molecular biology (ITS-RFLP). A new staining
method for spicules is proposed. Species include B. hellenicus, B.
hylobianum, B. leoni, B. pinophilus, B. sexdentati, B. tusciae, B.
teratospicularis, B. xylophilus and Bursaphelenchus sp. 1. Bursaphelenchus
hylobianum was collected from the insect Hylobius sp. The most frequent
species in the demarcated zone, besides B. xylophilus, was Bursaphelenchus
sp. 1. Morphological characterisation is compared with the original
descriptions and discussed. The differentiation between B. pinophilus and B.
sexdentati is not clear in the literature and is discussed. Since
differentiation of B. xylophilus (mucronate form) from B. mucronatus, and B.
pinophilus from B. sexdentati, as well as their juvenile forms, is almost im
possible on the basis of morphological features, a molecular approach based
on ITS-RFLPs was used. Ribosomal DNA containing the 5.8S gene, the internal
transcribed spacer region 1 and 2, and partial regions of 18S and 28S gene
were amplified by PCR. Restriction profiles of the amplified products
generated species-specific differences, leading to the unambiguous
identification of isolates belonging to B. xylophilus, B. mucronatus, B.
sexdentati, B. tusciae and B. hylobianum.
Neither Too Scientific nor a Spy: Negotiating the Ethnographic Interview in Russia
Authors: Weaver Dorothy
Published: March 2012

The value of qualitative research is contingent upon clear and open communication between researcher and informants. During a comparative study of Russian Orthodox believers in New Jersey and St. Petersburg, ethnic Russians and ethnic Americans responded very differently to the research apparatus themselves. While Americans accepted participant observation, for Russians the history of Soviet surveillance has resulted in expectations that “competent” social research consists of surveys, and that such surveys are invasive. Meanwhile, American-style unstructured interviews, designed to let an informant lead, resembles behavior Russians associate with spies. Informants in post-industrial societies have expectations about how social research should be conducted, and these cultural differences must be incorporated in research design.
Sociological Analysis of Professionalism: Past, Present and Future
Authors: Evetts Julia
Published: March 2012

For a long time, sociological analysis of professional work has differentiated professionalism as a special means of organizing work and controlling workers and in contrast to the hierarchical, bureaucratic and managerial controls of industrial and commercial organizations. But professional work is changing and being changed as increasingly professionals (such as doctors, nurses, teachers, social workers) now work in employing organizations; lawyers and accountants in large professional service firms (PSFs) and sometimes in international and commercial organizations; pharmacists in national (retailing) companies; and engineers, journalists, performing artists, the armed forces and police find occupational control of their work and discretionary decision-making increasingly difficult to sustain. This paper begins with a section on defining the field and clarifying concepts. This is followed by a second section on the concept of professionalism, its history and current developments. The third section discusses convergences between Anglo-American and Continental European systems of professions and the general, wider applicability of particular explanatory theories and analytical concepts in the field. Section four examines internationalizing processes affecting professions. Markets for professional services are increasingly international and professional regulation is now a matter for international professional federations as well as national and regional states. The final section provides summary and considers consequences for aspects of professionalism as an occupational value in the global world.
Competitiveness and Critique: The Value of a New-Materialist Research Project
Authors: Charnock Greig
Published: March 2012

Following Marcus Taylor's critique of Paul Cammack's 'new materialism', this paper proposes a New-Materialist Research Project (NMRP) borne out of a synthesis of the insights of both open Marxism and Cammack's project. The rationale for this lies in the conviction that a more 'applied' focus upon specific forms of contemporary class practice can aid open Marxism to move beyond general and abstract critique, thereby making an original and critical contribution to our understanding of the contemporary management of global capitalism. While the proposed NMRP refutes the problematic theorisation of relative autonomy in Cammack's original proposal, it is argued that a more rigorously theorised NMRP can extend negative critique to the current activities of international regulative agencies. By focusing on the activities of such agencies – beginning with their discursive operations – it is possible to discern how contemporary forms of ideology operate in a retroactive manner, obfuscating and distorting the contradictions being played out across the world market; and also how such agencies are seeking to exercise unprecedented levels of intervention and control in the management of individual national 'capitalisms', and under the rubric of promoting 'competitiveness'.
The 'Returns to Religion': Messianism, Christianity and the Revolutionary Tradition. Part I: 'Wakefulness to the Future'
Authors: Roberts John
Published: March 2012

The central strength of the Hegelian dialectical tradition is that reason is not divorced from its own internal limits in the name of a reason free from ideological mediation and constraint. This article holds onto this insight in the examination of the recent (and widespread) returns to religious categories in political philosophy and political theory (in particular Agamben, Badiou, Negri and Žižek). In this respect the article follows a two-fold logic. In the spirit of Hegel and Marx, it seeks to recover what is 'rational in religion'; and, at the same time, examines the continuing entanglements of politics (and specifically revolutionary thinking) with religious categories. That this is an atheistic and materialist project is not in a sense strange or anomalous. On the contrary, it is precisely the 'secularisation' of Judeo-Christian categories in Kant, Hegel and Marx's respective theorisation of history, that provides the dialectic ground of the atheistic recovery and invocation of Judeo-Christian thought (in particular messianism, renunciation, and fidelity) in recent political philosophy. Consequently the discussion of religion, or 'religion beyond religion', here, has very little to do with the spread of obscurantism and anti-rationalism in the global upsurge of reactionary Christian and Islamic fundamentalisms, neo-Pagan mysticisms, and other retreats from the real, or with the left-liberal denunciation of religion in the recent writings of Richard Dawkins and Christopher Hitchens. Rather, 'religion' here, in its Judeo-Christian legacy, is that which embodies the memory or prospect of a universal emancipatory politics.
The Mbac and the Harappan Script
Authors: During Caspers Elisabeth C.L.
Published: March 2012

The article deals with interpretation of inscriptions consisting of Indus characters recovered outside the boundaries of the Indus Valley, primarily in Arabian Gulf regions and in Southern Mesopotamia. The author makes a supposition that inscriptions on foreign (non-Harappan) seals and objects with non-Harappan sign sequences and/or inclusion of non-Harappan signs could belong not to the so-called "new Sumerians," acculturated and integrated Meluhhans who lived in the Gulf region, but to the Murghabo-Bactrians who had come to the Arabian Gulf and Southern Mesopotamia. The latter could have acquired some knowledge of the Harappan script and language at their home in Central Asia.
Gendered Advertising in China: What History Do Images Tell?
Authors: Mittler Barbara
Published: March 2012

Visual culture used to be seen as a 'distraction from the serious business of text and history' while images can in fact also be seen as a locus of cultural and historical change. This paper addresses the issue of using visual sources in the construction of a historical narrative in Chinese social history. Through a survey of gendered advertising images from one important Shanghai newspaper, the Shenbao, in 1931, presented in the form of 'visual itineraries', the paper turns towards the moment of consuming the image. It attempts to recapture and draw conclusions from the visual everyday experience in and of this modern city.It will become clear that just looking at images focuses the eye. Prejudiced preconceptions about gender and gender relations (such as 'men do not care for children', 'women are the weaker sex', 'women occur more frequently in illustrated advertisements') can all be negated or questioned by the study of images. Thus, through visual perception and visual reflection it may be possible to challenge and redefine the conventional reading of textual materials so as to bring out new perspectives, new modes of questioning and new conceptions, to open up fresh possibilities of research.
Scarce Resources: Philosophical Economics Reproduced
Authors: Neusner Jacob
Published: March 2012

Abstract

The heirs of the initial, philosophical Judaism, in the second century C.E. received a system in which the subject of economics—the rational disposition of scarce resources—was utilized in order to set forth a systemic statement of fundamental importance. While making every effort to affirm the details of that statement and apply them, their system repeated the given but made no significant use of what had been received. Instead the heirs of the Mishnah invented what we must call a counterpart-category, that is to say, a category that dealt with problems of the rational utilization of scarce resources, but not with those same scarce resources defined by the philosophical system of the Mishnah. The systemic category for the aborning religious system was not an economics, but corresponded, in the new system, to the position and role of economics in the old.
Hermeneutics: a Pentecostal Option
Authors: Ervin Howard M.
Published: March 2012

Fundamental to the study of hermeneutics, as to any academic disciplines, is the question of epistemology. What are the grounds of knowledge ? How does one determine the limits and validity of knowledge? It is not our purpose to discuss the subject in any detail but simply to note basic assumptions that affect our approach to hermeneutics. Two ways of knowing are so much a part of our Western ways of thinking that they are received as axiomatic viz. sensory experience and reason. Any theology that limits itself only to these two ways of knowing is locked into the perennial dichotomy between faith and reason to which the so-called New Hermeneutic1 seeks to speak, however, without much success for reasons to be discussed later.
Reflections on the Concept of Proportionality in the Law of Maritime Delimitation
Authors: Yoshifumi Tanaka
Published: March 2012

The concept of proportionality is one of the important relevant circumstances in maritime delimitation. In the case law relating to maritime delimitations, the role of proportionality has been enlarged geographically as well as functionally by international courts and tribunals. However, such an enlarged role of proportionality is not free from problems. Thus, this paper purports to examine the concept of proportionality in maritime delimitation from a critical viewpoint by analysing relevant judgments and state practice.
Toward the Elimination of Substandard Shipping: The Report of the International Commission on Shipping
Authors: Hayashi Moritaka
Published: March 2012

Despite efforts made by governments and international organizations like IMO to tighten regulatory measures, substandard ships and shipping-related practices continue to flourish. Serious ship accidents continue to occur and reports on abuse of seafarers are on the rise as the industry becomes more and more competitive and crews become increasingly multinational. The independent four-member International Commission on Shipping has conducted an in-depth study of the current practices of governments and shipping industry in the light of existing international rules and standards, and presented its findings with a number of recommendations to improve the situation. This article summarises the highlights of the Commission's report focusing mainly on those issues which are related to legal and institutional aspects.
Private Property Rights: The Development of Takings in the United States
Authors: Mangone Gerard J.
Published: March 2012

Constraints upon the uses of private property in the United States have increased very far beyond the doctrines of Grotius, Locke, Blackstone, and the framers of the Constitution. In the 19th century, both public nuisance limitations and eminent domain takings were applied to particular holdings, with the latter requiring compensation under the Fifth Amendment. The New Deal of the 1930s and the envirommental movement of the 1960s radically changed the relationship of government to private property. Sweeping economic reforms and the exercise of broad regulatory powers by public agencies for a clean environment and biological diversity led to a wholesale "taking" of private property without compensation. Recent cases of the Supreme Court involving wetlands and coastal property reveal the tensions that exist between sovereign power for the public good and the protection of individual property as a bulwark against arbitrary government.
The International Tribunal for the Law of the Sea: Survey for 2001
Authors: Lowe Vaughan , Churchill Robin
Published: March 2012

This instalment of the Survey considers the decisions in the Grand Prince and MOX Plant cases, and notes administrative and organisational developments within ITLOS during the year 2001.
Regulating Navigation through the Turkish Straits: A Challenge for Modern International Environmental Law
Authors: Mitchell Jeanene M. , Joyner Christopher C.
Published: March 2012

The Turkish Straits occupy a strategic position in international commerce, as they form a vital link between the states of the Black Sea, the Mediterranean and the world beyond. This important waterway is the subject of considerable international disagreement over whether Turkey possesses the lawful right to regulate vessels carrying goods and petroleum through the straits. Turkey, whose heavily populated coastline borders both shores of the entire strait, asserts the authority to govern vessel navigation through the passageway on grounds of national sovereignty and international treaty rights. It adopted in 1994 and 1998 two special sets of shipping regulations aimed at minimising shipping accidents, avoiding collisions, and protecting the local marine environment. Russia and the other Black Sea states contend that Turkey's action contravenes the 1936 Montreux Convention, which guarantees free passage through the straits. Turkey is concerned for the safety of the local population, who might be injured by a huge maritime disaster in the strait. Russia's perspectives turn on its need to export oil by tankers through the straits. This article discusses recent relevant instruments of environmental and ocean law as they relate to straits.
The Crisis over the Imia Rocks and the Aegean Sea Regime: International Law as a Language of Common Interest
Authors: Raftopoulos Evangelos
Published: March 2012

Sovereignty is a concept of international public interest. In the case of the Imia Rocks, the public interest nature of territorial sovereignty may be found in the undisputed treaty delimitation of the archipelagic entity of the Dodecanese Islands between Italy and Turkey, 1932, and the Peace Treaty of Paris, 1947. Turkey's subsequent conduct, its signature without reservation of the Helsinki Final Act and its claim for the bilateralisation of the Aegean Sea Dispute Agenda on the basis of a geo-political equity are all evidence of the acceptance of the delimitation regime of the Aegean Sea. The public interest regime of the LOS Convention makes questionable Turkey's recourse to the abstract notion of a "semi-enclosed" sea and provides the basis for understanding the pragmatic dimension of the Imia Rocks crisis in the light of the protection and promotion of international common interest.
The Chinese Traditional Maritime Boundary Line in the South China Sea and Its Legal I Consequences for the Resolution of the Dispute over the Spratly Islands
Authors: Keyuan Zou
Published: March 2012

China's traditional maritime boundary line, commonly known as the U-shaped line in the South China Sea, has been queried frequently in various circles, whether governmental or academic, on its real meaning. This article addresses the legal implications of this line for the Spratly Islands dispute, including, inter alia, the origin and evolution of the line, China's attitude towards and practice relating to the line, reactions from other South China Sea countries, the relevance of the line to the concept of historic waters and other law of the sea concepts, and the potential role to be played by the line in the future delimitation of maritime boundaries in the South China Sea.
Navigating the Bosporus and the Dardanelles: A Test for the International Community
Authors: Dyoulgerov Milen
Published: March 2012

This article addresses the ongoing controversy over the 1994 Regulations imposed by Turkey over the traffic flow in the Strait of Istanbul, the Strait of Canakkale and the Sea of Marmara. It provides background information and a synopsis of the conflict, reviews the consistency of the Turkish Regulations with the existing international law, and offers a constructive suggestion for resolving the impasse. The navigation and the geo-political situation of the Straits is laid out followed by a presentation of, and comments on, the elements of the existing international legal regime governing the navigation in the Straits. A synopsis of the dispute is offered and the Turkish Regulations are reviewed. Elaborating on their ramifications, the article concludes that, while changes of the navigation control scheme of the Straits are unavoidable, it is only prudent for all involved parties to seek a lasting resolution of the present dispute through the amendment mechanism provided in the 1936 Montreux Convention. A framework for achieving this objective is presented.
Enforcing EUCHR Principles and Fundamental Rights in Environmental Cases
Authors: Sadeleer Nicolas de
Published: March 2012

So far, EU treaty law does not encapsulate any individually justiciable rights to a clean environment or to health. The article explores whether individuals can rely on the environmental duties embodied in the European Union Charter of Human Rights (EUCHR), and the European Convention on Human Rights (ECHR) in cases falling within the scope of EU environmental law. Moreover, it takes a close examination of the case law of both the Court of Justice of the European Union and the European Court of Human Rights regarding the standing of individuals whose environment is impaired.
Minority Political Participation at the Local Level: The Roma
Authors: Bačlija Irena , Haček Miro
Published: March 2012

This article aims to study the existing models of political representation of the Roma minority in Slovenia. The research analyses two existing models of political participation, namely, the political representation model employed in 2002 and the policy formation model introduced in 2007. As the state is limited in securing adequate representation of minority groups in an electoral democracy, conditions for minorities to have equal opportunity and to be effectively involved in public life must be created. This can be achieved with representation in advisory and decision-making institutions such as elected bodies and assemblies of national minority affairs; local and autonomous levels of administration; self-administration by a national minority in aspects concerning its identity, especially in circumstances where autonomy on a territorial basis does not apply; and decentralised or local forms of government. Based on surveys conducted in 2004 and 2008 we have tried to identify trends in the performance of the political representation model. The research work has made some interesting findings with regard to the relationship between the two models. It appears that the political representation model acts as a platform for positive change while the policy formation model is a source of conflict among Roma representatives.
Global Christianity and Local Contexts: the Case of K.H. Ting and the Three-Self Church in China
Authors: Tze Ming Ng Peter
Published: March 2012

‘Local Contexts’ is the qualifier of ‘Global Christianity’ as ‘the global must become localized’ in the process of globalization of Christianity. The case of Bishop Ting, together with the Three-Self Patriotic Movement and the National Christian Council in China will be studied for illustration. Ting was well aware of his socio-political realities and his mission to work out ways to keep alive Christian faith in the Communist state of China. He was committed to serve the Church and the Christians in China and to work out ‘Christianity with Chinese socialist characteristics’. It was found that Chinese Christianity must fulfil its bi-characteristic functions, namely the ‘Chinese’ and ‘Christian’ functions. Regarding the mission of Chinese theology, Chinese theologians must address to the socio-political and cultural contexts, to the needs of Chinese Christians, as well as to bear witness to the Christian faith within the living contexts of the Church in China.
Encountering Pygmy Peoples as a Challenge to Mission in the Democratic Republic of the Congo
Authors: W’Isuka Paul Kamuha Musolo
Published: March 2012

Encountering Pygmy peoples, the forest dwellers, has been identified as a challenge to mission in the Democratic Republic of the Congo. In this country, mission encounters efforts target more cities and villages than forest areas where indigenous Pygmies live. Such a selective and exclusive way of mission is probably the result of the non-Pygmies’ attitude of superiority, prejudice and stigmatization towards indigenous Pygmy communities. To remedy the challenge identified in order to implement the mission in a holistic and comprehensive perspective, this article suggests the missionary encounter as a way forward to address Pygmy peoples and, by extension, all other groups living alike. Therefore, missionary encounter should be implemented through a humble conversion of non-Pygmy peoples. Conversion is thus a necessary starting point for missionary encounter as it involves a two-fold liberation that consists of breaking both the prejudices of non-Pygmies towards Pygmy peoples, and the suspicions of Pygmy peoples towards non-Pygmies.
Nature: a Neglected Theme in Practical Theology
Authors: Pieterse Hendrikj C , Van Der Ven Johannes A , Dreyer Jaco S
Published: March 2012

Generally speaking, nature is supposed to have disappeared from theology when the natural sciences emerged after the beginning of modernity. The gap between these sciences became zuider and wider, with the effect of lacking almost all contact. Several factors played a role in the rejection of theology in general of philosophical-theological attempts in which themes such as nature and creation could flourish. In practical theology it is possible to broaden our theology of communicative action in such a way that our communication with nature and about nature can also be taken into account. Then we have to take both divine gift and divine challenge in nature seriously, with gifl' and 'challenge' being communicative terms, and make a distinction between nature's divine gift and nature's divine challenge. Theology speaks of two books where we can find knowledge about God: the book of nature and the book of the Word of God. A hermeneutically mediated experience of God happens when the revelation in nature is inscribed into the texts of the Bible, and the texts of the Bible are inscribed into the book of nature. Our traditional speaking about God should therefore be complemented by both aniconic and nonanthropomorphic speaking about him, because it implies a way to experiencing God in nature - especially for those who are unchurched, and among the unchurched especially for those who define themselves as 'enlightened' and 'modern' people inclined to free, abstract thinking and cherishing their autonomy.
Creating the Future: Apocalyptic Rhetoric in 1 Thessalonians
Authors: Hester James D
Published: March 2012

Recent studies of apocalyptic literature have brought better definitions of the genre and its worldviews, but have largely ignored issues of argumentation and the nature of apocalyptic discourse. Modern theories of rhetorical criticism help the critic to analyse how that discourse helped the early church to talk about their experiences of persecution and marginality, and how those experiences were to be understood in light of the gospel, which promised that believers were to be with the Lord. In effect apocalyptic discourse helped describe the ethical principles to be followed in daily life and create visions of the future that motivated the believers to practise those principles.
Social Location of Attitudes Towards Human Rights Among South African Youth
Authors: Pieterse HENDRIK J C , Dreyer Jaco S , Van Der Ven Johannes A
Published: March 2012

In the previous article we inquired into the attitudes towards human rights of a group of 538 Grade 11 students in Anglican and Catholic church-affiliated schools in the Johannesburg/Pretoricz region. We distinguished between civil, political and judicial rights, socio-economic rights, and environmental rights. In this article we examine the social location of these attitudes. We arrived at the following profile of students who favour human rights: they are female, come from the official indigenous language groups, and have been raised by parents who have a relatively high educational and occupational level, and are not self-employed. They prefer the ANC to other political parties, and are transethnically and post-materialistically oriented. Their attitude towards work is interest-oriented, definitely not money-oriented. They participate in a political culture of communication. With regard to religious characteristics, which are particularly relevant to their attitudes towards socio-economic rights, they are religiously socialised, involved in religious praxis and have open religious communication with their parents; but they are not intensely tied to a particular denomination nor do they regularly attend church services. At the same time, those who display these last two characteristics reject civil rights. With regard to interreligious interactions, the students who favour human rights, display multireligious. orientations and reject monoreligious ones.
New Minorities, Old Instruments? A Common but Differentiated System of Minority Protection
Authors: Medda-Windischer Roberta
Published: March 2012

Questions concerning whether and how the rights of minorities should be recognised in politics, and how to maintain and strengthen the bonds of community in ethnically diverse societies are among the most salient and vexing on the political agenda of many societies. All policies that seek to reconcile social cohesion, unity and diversity are confronted with a veritable mine-field of dilemmas. Whatever policy options, or mixes of policy options, one wants to choose, one has to face hard trade-offs and serious policy-problems that have been addressed, though in different ways, by moral and political philosophers, political theorists, social scientists, lawyers and by politicians and civil servants. The present paper contends that it is possible to address these issues by bridging two fields of research: minorities and migration. Studying the interaction and complementarities between old and new minority groups is a rather new task because so far these topics have been studied in isolation from each other. It is also an important task for future research in Europe where many states have established systems of old minority rights, but have not yet developed sound policies for the integration of new minority groups originating from migration.
Shaping Indigenous Self-Determination: Promising or Unsatisfactory Solutions?
Authors: Barelli Mauro
Published: March 2012

The right of peoples to self-determination represents one of the most controversial norms of international law. In particular, two questions connected with the meaning and scope of this right have been traditionally contentious: first, who constitutes a ‘people’ for the purposes of self-determination, and, secondly, what does the right of self-determination actually imply for its legitimate holders. Against this unsettled background, the 2007 United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) affirmed, in a straightforward manner, that indigenous peoples have the right to self-determination. In light of the uncertainties that were mentioned above, it becomes necessary to clarify the actual implications of this important recognition. This article will seek to do so by discussing the drafting history of the provision on self-determination contained in the UNDRIP and positioning it within the broader normative framework of the instrument.
Del 'individualismo posesivo' a la Sociedad Bien Ordenada: La influencia de Hobbes y Smith en la filosofía política de Rawls
Authors: Wacher Carlos Kohn
Published: March 2012

El presente ensayo intenta explorar, siguiendo un filón abierto por Hannah Arendt, la hipótesis de que, en buena medida, el más eximio representante del liberalismo contemporáneo John Rawls no sólo asume el modelo contractualista hobbesiano, sino que vía Adam Smith, se apoya en su metafísica. Del mismo modo se sugiere que si el punto de partida de la teoría de la justicia de Rawls es la concepción del individuo ('posesivo'): "como un sujeto autónomo capaz de orientarse por fines generalizables en la vida pública", tal premisa no sólo muestra la deuda de Rawls con Kant, sino que ella ha sido igualmente determinante para la filosofía de Hobbes y para la teoría económica de Smith. Por último, mi tesis es que tanto la "mano invisible" de Adam Smith como "los dos principios de la justicia" de John Rawls persiguen mutatis mutandi el mismo telos del "Leviathan" de Thomas Hobbes; a saber, instaurar una "Sociedad ('de propietarios') Bien Ordenada".
Mushrooms, like Men ?
Authors: Jackson Michael
Published: March 2012

Thomas Hobbes is famed for his adherence to the scientific method of his day. One of the central aspects of his science of politics is the thought-experiment of the state of nature. Like a perfect vacuum, it is an analytic concept. Some of its ramifications occupy these pages.