bluuebunny/crossref_metadata_2025 huggingface dataset:
Recognising a Right to ‘Conscientiously Object’ for Registrars whose Religious Beliefs Are Incompatible with their Duty to Conduct Same-Sex Civil Partnerships
Authors: Hambler Andrew
Published: November 2012

Abstract

This article will argue that the term ‘conscientious objection’ can be applied beyond its associations with military service and reproductive healthcare, to explain the situation of a registrar of marriages, who, in carrying out his or her employment, has an objection based on religious beliefs to a specific aspect of his or her job requirements—namely the conduct of civil partnerships. It is argued that this objection is worthy of recognition and potential accommodation because of the weight of the burden which conscience imposes on the registrar, a burden that outweighs the case against recognition. The article then turns to examine critically the options for accommodating such a conscientious objection within United Kingdom law to the extent of considering three broad options, each with attendant advantages and disadvantages. Finally the article comes to the conclusion that re-configuring discrimination law might be the most pragmatic solution.
Israel’s New Peer-to-Peer Diplomacy
Authors: Attias Shay
Published: November 2012

Summary

The new Israeli public diplomacy approach seeks to empower Israeli citizens to utilize their position both as information consumers and producers in order to participate in grass-roots public diplomacy efforts. So-called ‘peer-to-peer diplomacy’ reflects the shift from ‘old public diplomacy’, where the nation-state has since 1960 been the sole actor in international relations, to today’s reality where average citizens play an increasingly important role. The notion of ‘peer-to-peer’ (P2P) describes the latest development in diplomatic practice, wherein civilians — by virtue of social media — are not only consumers of government information, but also information producers, with the potential to bypass existing official government bodies. Today’s public diplomacy is about more than governments employing ‘soft and smart power’. It is increasingly about dealing and collaborating with a public that can obtain and produce the information themselves.
The Mixed Multitude in Exodus 12:38: Glorification, Creation, and Yhwh’s Plunder of Israel and the Nations
Authors: Sherwood Aaron
Published: November 2012

Abstract

The “mixed multitude” of Exodus 12:38 is a curious detail who are included amidst the departure of God’s people from Egypt. Yet close attention reveals that the mixed multitude holds a key concerning Israel’s deliverance and their nature as God’s people. Exodus 12:35-39 is a hinge device, and the one place in the narrative of chapters 1-15 in which its liturgical elements, plunder and creation motifs, and primary theme of God’s glorification converge. This makes 12:35-39 both a structurally and thematically key moment in the larger narrative, wherein God’s plunder from Egypt is an Israel who is constituted of both the “sons of Israel” and the “mixed multitude” of 12:38. And in view of Israel’s deliverance in their crossing of the sea in chapter 14, this composite people is identified as God’s new humanity who is brought forth in his new act of creation.
Resistance, Negotiation, and Adjustment: Cathedral Clergy and the Tridentine Reform in Portugal
Authors: Silva Hugo Ribeiro da
Published: November 2012

In the sixteenth and seventeenth centuries, dioceses were centres of conflicts and struggles for power between bishops and the cathedral clergy. The dynamics of dioceses may be better understood by examining how the decrees of the Council of Trent were interpreted and applied in them. The main purpose of this paper is to study how the Portuguese cathedral chapters reacted to the application of the Tridentine decrees by their bishops. I show that the application of the decisions of Trent at the diocesan level was part of a rebalance of power that was taking place in the sixteenth and seventeenth centuries within the Catholic Church.
Intervention in Libya: Another Nail in the Coffin for the Responsibility-to-Protect?
Authors: Berman David , Michaelsen Christopher
Published: November 2012

Abstract

The article challenges the widespread assertion in the public and academic discourse that the military intervention in Libya was a successful first true test of the doctrine of the Responsibility to Protect (RtoP). Examining the application of the doctrine as a tool of international political decision making as well as a normative framework in international law, the article reviews relevant Security Council resolutions as well as statements made by UN Member States during the Libyan crisis. These suggest that an express invocation of RtoP would have prevented rather than facilitated the adoption of Resolution 1973 (2011) and its authorisation of the use of force to protect civilians in Libya. It is argued further that a narrower focus on ‘protecting civilians’ rather than on the broader concept of RtoP is likely to provide greater political and legal utility in preventing humanitarian catastrophes in the future, even if the Security Council’s response to the crisis in Syria has been disappointing so far.
H. Steinthal: A Psychologist of the Jewish People
Authors: Mukai Naoki
Published: November 2012

Abstract

This paper deals with the concept of Judaism by H. Steinthal (1823–1899), a renowned linguist in nineteenth-century Germany and a lecturer at the Hochschule für Wissenschaft des Judentums. The first part (sections 1–3) outlines his early education and scholarly development with regard to Völkerpsychologie, which strives to clarify the mental characteristics of peoples in the richness and pletitude of their diversity. Through his intensive study of the works by Wilhelm von Humboldt, Steinthal constructed his own theory of linguistics, which would play a crucial role in that socio-psychological study of the culture represented by the discipline of Völkerpsychologie. The second part (sections 4–6) discusses in the main Steinthal’s commitment to Judaism in regard to personal, public and cultural aspects. Throughout this part of the paper, the role of emotional elements within his concept of Judaism is emphasized. As Dieter Adelman has pointed out, the notion of devotion (Andacht) constitutes the crux of his view on religious practice, even if Steinthal offered a quite rational (and almost atheistic) concept of religion, inclusive of Judaism. Section 6 explores Steinthal’s treatise on Deuteronomy (Das fünfte Buch Mose/Die erzählende Stücke im fünften Buch Mose) as a work of Völkerpsychologie. In this treatise, Steinthal sought to find a coherency of Deuteronomy, which originally consists of various sources, as Bible studies had revealed already in the mid-nineteenth century. Steinthal found it in the prosaic style of Deuteronomy, which he characterized as ‘charming’ and ‘endearing’, and it marked for him the birth of Jewish national literature and Jewish national spirit or national mind (Volksgeist). In conclusion, his treatise is reconsidered in its historical context. It was a challenge to reconstruct a synthetic view of Jewish literature, after Bible studies and the Wissenschaft des Judentums had pointed up the great variety and diversity within the history of Jews. Hermann Cohen succeeded in this task, building on Steinthal, in his major work, Religion of Reason Out of the Sources of Judaism.
Catholicism in Twentieth-Century Ireland: From “an Atmosphere Steeped in the Faith” to à la Carte Catholicism
Authors: Fuller Louise
Published: November 2012

The aim of this article is to give a historical overview of Catholic culture in the Republic of Ireland in the twentieth century and to examine how it has changed. Ireland has in a short period changed from a largely rural agricultural economy to a modern urbanised one. Religious practice has declined steadily in that time and Catholicism no longer exercises the same influence on people's lives, or on the political/legislative process. The climate of the 1960s and the events that unfolded from that time made traditional Catholicism unsustainable. However in the 2011 census, eighty-four percent of Irish people still call themselves Catholic and recent surveys estimate the weekly Mass attendance rate at about forty-three percent. This and other contra-indications suggest that one should be cautious about adopting secularisation theories too readily in the Irish case. It would appear that many Irish still identify with their Catholic cultural heritage.
Diversity of mitochondrial and larval morphology characters in the genus Diplectrona (Trichoptera: Hydropsychidae) in the eastern United States
Authors: Harvey Lauren E. , Geraci Christy J. , Robinson Jason L. , Morse John C. , Kjer Karl M. , Zhou Xin
Published: November 2012

Larvae of species in the caddisfly genusDiplectrona(Trichoptera: Hydropsychidae) are morphologically variable and found in a variety of different lotic habitats across eastern N. America. DNA sequencing of a 658-base pair region of the mitochondrial cytochrome oxidasecsubunit I gene revealed 7 haplotype groups within the genusDiplectrona: Four with larvae similar toDiplectrona modestaBanks, two with larvae similar toD. metaquiRoss, and one that is a putative match toD. marianaeReeves. These results provide initial evidence supporting the need for a revision of the genusDiplectronain N. America, and also possibly for the existence of cryptic diversity within currently recognizedDiplectronaspecies. We discuss these results within the context of the intersection of bioassessment, molecular and morphological taxonomy, and the International Code of Zoological Nomenclature.

© Koninklijke Brill NV, Leiden, 2012
A natural history of conspecific aggregations in terrestrial arthropods, with emphasis on cycloalexy in leaf beetles (Coleoptera: Chrysomelidae)
Authors: Santiago-Blay Jorge A. , Jolivet Pierre , Verma Krishna K.
Published: November 2012

Aggregations of conspecifics are ubiquitous in the biological world. In arthropods, such aggregations are generated and regulated through complex interactions of chemical and mechanical as well as abiotic and biotic factors. Aggregations are often functionally associated with facilitation of defense, thermomodulation, feeding, and reproduction, amongst others. Although the iconic aggregations of locusts, fireflies, and monarch butterflies come to mind, many other groups of arthropods also aggregate. Cycloalexy is a form of circular or quasicircular aggregation found in many animals. In terrestrial arthropods, cycloalexy appears to be a form of defensive aggregation although we cannot rule out other functions, particularly thermomodulation. In insects, cycloalexic-associated behaviors may include coordinated movements, such as the adoption of seemingly threatening postures, regurgitation of presumably toxic compounds, as well as biting movements. These behaviors appear to be associated with attempts to repel objects perceived to be threatening, such as potential predators or parasitoids. Cycloalexy has been reported in some adult Hymenoptera as well as immature insects. Nymphs of the orders Hemiptera (including Homoptera) as well as larvae of the orders Neuroptera, Coleoptera, Diptera, Hymenoptera, and, in a less circular fashion, the Lepidoptera, cycloalex. There are remarkable convergences in body form, life habit, and tendencies to defend themselves in the social larval Coleoptera, particularly chrysomelids, social larval Lepidoptera, and social larval Hymenoptera. In immature insects, the cycloalexing organisms can be arranged with either heads or abdominal apices juxtaposed peripherally and other conspecifics may fill in the center of the array. In the Chrysomelidae, the systematic focus of this review, species in the generaLema,Lilioceris(Criocerinae),Agrosteomela,Chrysophtharta,Eugonycha,Gonioctena,Labidomera,Paropsis,Paropsisterna,Phratora,Phyllocharis,Plagiodera,Platyphora,Proseicela,Pterodunga(Chrysomelinae),Coelomera(Galerucinae), andAcromis,Aspidomorpha,Chelymorpha,Conchyloctenia,Ogdoecosta,OmaspidesandStolas(Cassidinae) are reported to cycloalex although cycloalexy in other taxa remains to be discovered. Other types of aggregations in insects include stigmergy, or the induction of additional labor, and epialexy, or the positioning of conspecifics organisms over the midvein or an elongated aspect of a leaf.
The Politics of Regionalist Science: The Balkans as a Supranational Space in Late Nineteenth to Mid-Twentieth Century Academic Projects
Authors: Mishkova Diana
Published: November 2012

The article looks into the various scholarly (and disciplinary) conceptualizations of the Balkans/Southeastern Europe, which were spawned within the region itself prior to World War II. These regionalist schemes drew heavily on political values and relied on political support, while at the same time seeking to spearhead and legitimize political decisions or reformulate (geo)political visions. The article discusses the political implications of this scholarship with the idea to underscore notions of the Balkans which differed considerably from the one summarily and, in recent years, persistently conceptualized as mirroring the Western (discourse of) Balkanism. Not only were those notions more subtle and differentiated than an ‘orientalizing perspective’ would make us expect; a remarkable feature of the academic projects discussed here was their counterhegemonic thrust and the assertion that the Balkans are and should be treated as a subject.
The Threat of Selective Democracy. Popular Dissatisfaction and Exclusionary Strategy of Elites in East Central and Southeastern Europe
Authors: Varga Mihai , Varga Mihai , Freyberg-Inan Annette
Published: November 2012

The large dissatisfaction of citizens with post-communist democracy in Central and Eastern Europe favors populist and anti-systemic parties and movements. These parties accuse their rivals of various forms of corruption and prescribe anti-systemic cures, including the discretionary exclusion of their rivals from political life. Analyzing the situations in Poland, Romania, and Hungary more closely, we reveal a risk of the development of “selective democracy,” in which key elites and their supporters redefine the borders of the polity in an exclusionary way, denying various groups of “enemies” legitimate access and representation and thereby undermining basic democratic principles.
Norms of Self-Determination: Thinking Sovereignty Through
Authors: Scott David
Published: November 2012

This essay is an exploration of the contemporary normative conditions of thinking about the problem of sovereignty. Specifically it is a consideration of some aspects of the way in which the problem of Third World sovereignty has been taken up and argued out in international relations theory and international law on the legal-political terrain of self-determination. The essay traces the transformation of the norm of self-determination as an anti-colonial standard to its post-Cold War re-composition as a norm of democratic governance.
Two Types of Functional Transfer in Language Contact
Authors: Siegel Jeff
Published: November 2012

The aim of this article is to examine one kind of cross linguistic influence, or transfer, in language contact situations. This is “functional transfer”, defined as applying the grammatical functions of a morpheme from one language to a morpheme in another language that does not normally have these functions. With regard to language contact, most reported instances of this kind of transfer concern the creation of a new grammatical morpheme in an expanded pidgin or creole, resulting from the use of a lexical morpheme of the lexifier (here the recipient language, RL) with semantic and syntactic properties of a grammatical morpheme of the substrate language(s) (here the source language(s), SL).

Another kind of functional transfer, however, results in an already existing grammatical morpheme in the RL being used with semantic properties, but not syntactic properties, of a grammatical morpheme in the SL that speakers perceive as equivalent. Thus, the two types of functional transfer differ in that the first entails morphological augmentation while the second involves functional alteration of an existing morpheme.

Other differences between the two types of transfer are that certain constraints appear to apply to the first type but not to the second. In addition, the first type of transfer, as opposed to the second, does not commonly occur in the process of second language acquisition. Explanations proposed for these distinctions concern different strategies used for morphological expansion in the development of a contact language. Different contact languages can be placed along a continuum based on the prevalence and type of functional transfer.
Women in the Shari῾a court records of Ottoman Damascus
Authors: Rafeq Abdul-Karim
Published: November 2012

Qassam registers give detailed information about the estates of deceased people, the size of their households, the number of times they were married, the number of children, and the male-female ratio of minors and adults. The estates of deceased Christians in Damascus are reported more frequently in nineteenth-century qassam registers due to the application of the Tanzimat which advocated equality among all subjects and the tolerance shown towards the Christians by Egyptian rule in Syria in the 1830s. The registers indicate that monogamy was dominant in Damascus due to a low-to-average life-span. Marriage patterns and the composition of the estates of deceased women and men are examined in six qassam registers spanning a period of over a century (1750-1861). The establishment of religious endowments (vakıf) by Muslim and Christian women, and the varying titles given to these women in the court records are also discussed.
The British Invasion of Tibet, 1903–04
Authors: McKay Alex
Published: November 2012

In 1903–04, British forces under the command of the Indian Political Officer, Colonel Francis Younghusband, invaded Tibet. After failed negotiations and a series of battles in which Younghusband's modern weaponry vanquished Tibetan forces, the British entered Lhasa and imposed a treaty on the Tibetans. While a fear of Russian influence in Lhasa was the main reason given for the invasion, Tibet's policy of isolating itself from British India was probably a more significant cause. The subsequent withdrawal of the British from Lhasa created a power vacuum which enabled the Chinese to re-establish their authority at Lhasa. This article gives an overview of the main issues, events and personalities involved in the invasion.
Younghusband Redux: Chinese Dramatisations of the British Invasion of Tibet
Authors: Barnett Robert
Published: November 2012

A film, a television series, four plays and an opera have been produced in China since 1997 dramatising the invasion of Tibet by the British in 1903 04. These works were part of an official effort to enhance patriotic spirit among Chinese and Tibetan people through historical example, as well as an attempt to represent Tibetans as participants in a broader Chinese resistance to Western aggression and humiliation. They coincided with an official call for film-makers to make propaganda more appealing and a decisive turn in Chinese cinema towards commercialised films and Hollywood-style narrative. The paper contextualises these dramatisations and their ideological features within the history of Tibetan representations in Chinese film and television dramas, and discusses foreign critiques of the most influential of the dramatisations of the Younghusband expedition, Feng Xiaonings 1997 film Honghegu (Red River Valley). It notes difficulties with criticisms about the lack of accuracy in these Chinese films, discusses several ways in which they match the historical record, and compares them with the little-known television series Jiangzi 1904.
The Emergence of Epenthesis: An Incremental Model of Grammar Change
Authors: Morley Rebecca L.
Published: November 2012

Intervocalic consonant epenthesis is used as a case study for investigating grammar change. An emergentist framework is adopted, whereby a simple learning mechanism transforms a phonetically-based sound change into a synchronic phonological process. A two-part model of such 'grammaticalizing' change is developed, along with a formal analysis of the necessary model properties. This work demonstrates that perception-based consonant loss could, in principle, lead to synchronic epenthesis. However, the larger number of historic conditions required for its emergence are predicted to make it less likely than other outcomes such as deletion or suppletion (unpredictable alternation). An important corollary of the latter result is that theoretically dispreferred grammars do not necessarily have to be explicitly marked or removed from the learning space. Input to the hypothetical learner is automatically filtered by asymmetries in the way sound changes occur, the way sounds are organized in words, and the way words are organized in paradigms. The conclusion is that mechanisms other than Universal Grammar are sufficient to produce the observed epenthesis typology without overgenerating. Furthermore, it is argued that the research methodology is a promising one in general for explaining the universal tendencies of human languages.
Be(com)ing: Humankind as Gift and Call
Authors: Olthuis James H.
Published: November 2012

Fifty-eight years ago Max Scheler, one of the founders of modern philosophical anthropology, wrote: “Man is more of a problem to himself at the present time than ever before in all recorded history. ... the increasing multiplicity of the special sciences that deal with man, valuable as they are, tend to hide his nature more than they reveal it.”1 In 1944, some sixteen years later, Ernst Cassirer comments that even though “no former age was ever in such a favorable position with regard to the sources of our knowledge of human nature,” we are still looking for a clue which will provide “real insight into the general character of human culture.”2 In his famous 1958 book, Irrational Man,3 William Barrett looked to existentialism to recover the whole and integral, suffering and dying human being from the abstract image of humankind as logical operators dominant in modern philosophy. However, in a new book William Barrett concludes that the concrete human self was not in fact recovered in existentialism and laments its disappearance in modern thought. He talks of the Death of the Soul.4 I would add: and Elimination of the Body.
De Uitdrukkingskracht van de Transcendentale Denkkritiek
Authors: Hoogland J.
Published: November 2012

Is het nog de moeite waard om het op te nemen voor de transcendentale kritiek van Dooyeweerd? Deze vraag suggereert dat de transcendentale kritiek wanneer zij aan zichzelf overgelaten zou worden, niet meer te redden is. Dat is misschien wat overdreven, maar één ding is duidelijk: de transcendentale kritiek is niet onomstreden, zelfs niet onder de meest trouwe volgelingen van Dooyeweerd. En daarin zit iets paradoxaals: het was hem er immers om te doen met zijn transcendentale kritiek ‘de denkgemeenschap in het avondland’ te herstellen (Dooyeweerd 1941), maar het lukt hem niet eens om de denkgemeenschap onder gelijkgezinden op dit punt te bewaren. Intentie en werkelijkheid lopen hier dus ver uiteen. Daar zijn verschillende redenen voor. In de eerste plaats lijkt de transcendentale kritiek geplaagd te worden door een tweetal tegenstrijdige uitgangspunten. Kort gezegd komen deze uitgangspunten hierop neer: 1) de transcendentale kritiek poogt aan te tonen dat ieder theoretisch denken uitgaat van religieuze uitgangspunten; het theoretische denken is dus niet neutraal, zelfgenoegzaam of autonoom; 2) het onder punt 1 genoemde kan worden aangetoond door een stringente analyse van de aard van het theoretische denken zelf, zoals het door ieder die zich bezighoudt met wetenschap en wijsbegeerte beoefend wordt. De vraag is nu of het eerste punt niet impliceert, dat het tweede onmogelijk is.
Het Bedreigde Midden
Authors: Griffioen Sander
Published: November 2012

De werkverdeling met Willem de Jong is zodanig dat ik in het midden van De aantrekkingskracht van het midden mag beginnen: bij Hegel. Mijn beschouwing opent met de typering van de interpretatie die Johan van der Hoeven biedt als op de wijze van Kierkegaard. Daarop volgt een karakterisering van de wijze waarop hij de geschiedenis van de filosofie beoefent, geplaatst binnen het bredere kader van de Faculteit der Wijsbegeerte van de VU.1 Het kritische gedeelte van mijn beschouwing begint in de paragraaf die als titel heeft ‘Uit het centrum verdreven’. Vanaf dat punt blijven de gedachten die ik formuleer cirkelen rond de vraag naar de zin van de geschiedenis der wijsbegeerte; en ook: hoe ons filosoferen op die zin betrokken kan blijven.
Repliek
Authors: van der Hoeven Johan
Published: November 2012

Hoewel in de laatste jaren sterk de nadruk is gelegd op de “autonomie” van het geschrevene ten opzichte van de schrijver en diens belevingswereld, wil deze auteur graag beginnen met een persoonlijke betuiging van erkentelijkheid. Een mens is toch wel zodanig verbonden met een geesteskind dat hij lang bij zich gedragen heeft, dat hij de aandacht en de grondigheid die uit de hiervoor geplaatste reacties spreekt, alleen maar in hoge mate kan waarderen. Hij heeft ze ervaren als toonbeelden van “ontmoeting”. De verschillen tussen de drie reacties laten nog eens zien dat ontmoeting verre van monotoon is. Juist ook die verschillen vond ik leerzaam. Bij de opzet van mijn repliek wil ik aan de diversiteit zo goed mogelijk recht doen door de reacties stuk voor stuk te bespreken. Af en toe zal een “intertekstuele” opmerking wenselijk of onvermijdelijk zijn. Overigens vrees ik dat binnen het bestek van deze repliek niet voldoende ingegaan kan worden op alle vragen en tegenwerpingen.
Bilingualism in the Business World in West European Minority Language Regions: Profit or Loss?
Authors: van Langevelde Ab
Published: November 2012

Europe during the last decade has witnessed a growing interest in the position of minorities in general and of minority languages in particular. This interest undoubtedly bears some connection with the influx of aliens into western Europe, and with the at times exceptionally violent outbreak of ethnic conflicts in some former East Bloc countries. Language plays a vital role in matters of ethnicity and identity. The growing interest of which we speak has found expression in the European Charter for Regional and Minority Languages, which establishes a number of rights related to minority languages.
Locke, ‘the Father of Modernity’?
Authors: Schouls P.A.
Published: November 2012

Locke was the first to develop with profundity and defend the thesis that we are all responsible for our believings, and that to do one’s duty with respect to one’s believings one must, at appropriate junctures and in appropriate ways, listen to the voice of Reason. Reason must be one’s guide. Locke had forebears and cohorts in this line of thought; I want not only to concede but to insist on this. Nonetheless, Locke was the great genius behind our modern ways of thinking of rationality and responsibility in beliefs. And Locke’s vision became classic: for many, compelling; by some, contested; by no one, ignored. Locke, on this issue, is the father of modernity. (xiv)
Pluralisme: Nadere Verfijning Gewenst
Authors: Hoogland Jan
Published: November 2012

Het ontwikkelen van een cursus ‘Cultuurfilosofie vanuit levensbeschouwelijke perspectieven’, zoals dat door de Open Universiteit enige jaren geleden ter hand is genomen kan beschouwd worden als een even uitdagende als hachelijke onderneming. Uitdagend, omdat het de betrokken auteurs in staat stelde zich nog eens intensief te bezinnen op en expliciet te verantwoorden omtrent de betekenis van levensbeschouwing voor wetenschap, filosofie en cultuur. Hachelijk, omdat alle vragen en problemen voortdurend benaderd kunnen worden vanuit een verscheidenheid aan levensbeschouwelijke invalshoeken. Als men er eenmaal toe gekomen is te erkennen dat levensbeschouwing een belangrijke betekenis heeft voor de wijze van filosoferen en de behandeling van filosofische vragen, dan leidt dit onvermijdelijk tot een verveelvoudiging van perspectieven op alle niveau’s. Er is niet alleen een pluraliteit aan levensbeschouwingen. Nee, bovendien is daarmee eveneens een pluraliteit aan levensbeschouwelijke visies op de pluraliteit aan levensbeschouwingen gegeven.
De Democratische Rechtsstaat Aan Het Einde van de Geschiedenis. Een Reactie op Kees Klop
Authors: Cliteur P.B.
Published: November 2012

De redactie van Philosophia Reformata heeft een belangrijk project opgezet. Aan de schrijvers van het boek van de Open Universiteit waaraan vertegenwoordigers van verschillende levensbeschouwelijke richtingen hebben meegewerkt, is de mogelijkheid geboden met elkaar in dialoog te treden. De bijdrage van Kees Klop biedt daarvoor om verschillende redenen een uitstekende basis. Ik heb het getroffen met een commentator die de lijn van mijn verhaal voortreffelijk heeft samengevat. We behoeven dus geen tijd te verdoen met het rechtzetten van misverstanden, iets dat doorgaans een belangrijk onderdeel vormt van reacties. Ik vlei mij een beetje met de gedachte dat Klops sympathieke weergave van de essentie van mijn betoog ook wellicht daarom zo goed geslaagd is, omdat wij putten uit ten dele verwant gedachtengoed. Ik ben namelijk, net als Klop, onder de indruk van het werk van Dooyeweerd. Dat gaat terug op de tijd dat ik als student-assistent verbonden was aan de afdeling Encyclopedie van de rechtswetenschap van de VU bij Prof. H.J. van Eikema Hommes. Laatstgenoemde was, zoals de lezers van Philosophia Reformata bekend is, een leerling van Dooyeweerd.
Paul van Tongeren Over Transcendentie, Leven, Denken
Authors: van der Hoeven J.
Published: November 2012

Het opstel van Paul van Tongeren is de laatste grotere verhandeling van het driedelige cursusboek. Ik acht het een waardig besluit, zowel wegens het thema als wegens de uitwerking. Die laatste kenmerkt zich door breedte, diepgang en helderheid. Niet verrassend overigens bij een auteur die in zijn Nietzsche-studies, beschouwingen over ethiek en andere onderwerpen dezelfde eigenschappen aan de dag legt.
Japanese Buddhism and the Public Sphere: From the End of World War II to the Post-Great East Japan Earthquake and Nuclear Power Plant Accident
Authors: Susumu Shimazono
Published: November 2012

Abstract

Until the 1990s, a commonly held view in Japan was that Buddhism had withdrawn from public space, or that Buddhism had become a private concern. Although Buddhist organizations conducted relief and support activities for the people affected at the time of the Great Hanshin Earthquake in 1995, they were often seen to be out of place, and little attention was given to them by the media. However recently there are areas in which Buddhism can be seen as playing new roles in the public sphere. Religious organizations seem to be expected to perform functions in fields that lie outside the narrow definition of religion. These expectations are becoming stronger among Buddhist organizations as well. In this paper, I describe some areas in the public sphere in which Buddhist groups are starting to play important roles including disaster relief, support of the poor and people without relatives, provision of palliative care and spiritual care, and involvement in environmental and nuclear plant issues.
The Diminishing Acts of the State. Or, Is It?
Authors: Botchway Francis N.
Published: November 2012

The Act of state doctrine essentially serves to truncate or end proceedings against a state in the court of another state for actions attributed to or owned by the first state. Originally, the actions against which the defense could be raised were wide and all encompassing. It included exercise of police powers, takings, maritime and commercial acts. However, starting with cases such as Bernstein, Dunhill and others, and goaded in part by legislation such as the second Hickenlooper Amendment in the US, a number of exceptions have been carved into the doctrine. It is such that some academics have called for the end of the doctrine. This paper argues that although the doctrine is now limited, compared to its original compass, it is resilient. That resilience, this paper contends, is predicated on its International law pedigree. It is further argued that the swings in the role of the state in economic matters accounts for the growth, downturn and upturn in the viability of the doctrine as a defense in international economic law.
Standard of Review and Burden of Proof in WTO Jurisprudence
Authors: Hariharan Srikanth
Published: November 2012

This paper analyses the law on the standard of review and burden of proof in the trade disputes before the WTO Panel and Appellate Body Proceedings. The approach adopts a case-law analysis for a practical insight into the various issues that concern here. The paper structures its arguments on the de novo and the total deference approach and then proceeds to analyze the standard of review for a trade remedy case, expert testimony and in cases involving evaluation of scientific evidence. Further, the paper analyses the burden of proof mechanism employed in the adjudicatory proceedings.
Deciphering Pakistan’s Foreign Investment Policy: A Review of Pakistani BITs
Authors: Ghouri Ahmad Ali , Mahmood Nida
Published: November 2012

This study presents the first ever comprehensive analysis of Pakistani foreign investment treaty regime, which consists of 47 BITs as of 15 June, 2012. This study provides a provision by provision comparison of all 47 Pakistani BITs. The objective is to identify similarities and differences in these BITs, explaining legal implications of their individual provisions and suggesting policy changes for future BITs in the light of existing and emerging state practices. The overall purpose is to identify policy implications of the BITs regime for Pakistan. Looking forward, the study inquires how to enhance foreign investors’ confidence and to promote and facilitate much needed FDI in Pakistan without undermining Pakistan’s sovereign right to protect necessary public and economic interests.
Contours of an Indigenous Peoples’ Right to Water in Latin America under International Law
Authors: Parriciatu Marco , Sindico Francesco
Published: November 2012

This article critically assesses the nature and the content of a possible human right to water for Indigenous People in the Latin American context. On the one hand, after introducing the deliberately unclear definition of Indigenous People, the article considers that a human right to water is embedded in Indigenous Peoples’ customary laws, which, according to legal pluralism, are to be considered as a legitimate source of law. The article then moves to the content of a possible human right to water for Indigenous People in the Latin American context. The importance of the jurisprudence of the Inter American Court of Human Rights is highlighted, and the obligation for States to consult with Indigenous People when dealing with their water resources is hailed as one of the key elements of a human right to water.
Feminism, Postcolonial Legal Theory and Transitional Justice: A Critique of Current Trends
Authors: Moyo Khanyisela
Published: November 2012

Inspired by feminist legal theory and postcolonial literal studies this article interrogates the ‘transitional justice discourse’ and coins critiques which re-examine the discipline’s key tenets; namely, democracy, liberalism, rule of law and human rights. It argues that while transitional justice can be seen as one of the masculine human rights strategies that are reminiscent of imperial intervention in the lives of postcolonial subjects, it is open to seizure by the same. This is possible in transitional contexts since these situations create opportunities for stakeholders to rethink the inadequacies of the accepted discourse, and to subscribe to new ways of seeking justice.
Effects of the Quasi-Biennial Oscillation and Stratospheric Semiannual Oscillation on Tracer Transport in the Upper Stratosphere
Authors: Shu Jianchuan , Tian Wenshou , Hu Dingzhu , Zhang Jiankai , Shang Lin , Tian Hongying , Xie Fei
Published: November 2012

Using satellite observations together with a chemistry–climate model (CCM), the effect of the stratospheric semiannual oscillation (SAO) and quasi-biennial oscillation (QBO) on the equatorial double peak in observed CH4 and NO2 is reexamined. It is concluded that the lower-equatorial Halogen Occultation Experiment (HALOE) CH4 mixing ratio of the April double peak in 1993 and 1995 was associated with the prominent first cycle of the SAO westerlies, which causes local vertical downwelling in the upper equatorial stratosphere. The observational evidences imply that the strong westerlies of the first cycle of the stratospheric SAO in 1993 and 1995 were driven by enhanced lower-stratospheric gravity wave activity in the early parts of those years. The CCM simulations further verify that the gravity wave source strength has a large impact on the development and strength of the SAO westerlies. This result suggests that the equatorial long-lived tracer mixing ratio near the stratopause (which is associated with the strength of the SAO westerlies) was not only modulated by the QBO phase, but was also significantly influenced by interannual variation in the gravity waves. It is also found that the deeper equatorial trough of the double peak is unlikely to be always accompanied by the more prominent Northern Hemispheric lobe, and the Northern Hemispheric lobe of the double peak can be mainly attributed to subtropical upwelling. The altitude of greatest chemical destruction anomalies associated with the SAO and QBO is below the trough of the double peak, implying that the effect of the chemical process on the double peak is insignificant.
Precarious Work and Flexibilization in South and Southeast Asia
Authors: Hewison Kevin , Kalleberg Arne L.
Published: November 2012

This article briefly recapitulates the social, economic, and political factors that led to the rise and consolidation of precarious work in various countries in Asia and the definition of “precarious work.” The article then considers the utility of precarious work for describing the growth of work that is uncertain and insecure and in which risks are shifted from employers to workers for several countries in South and Southeast Asia, namely, Indonesia, Thailand, the Philippines, Vietnam, Sri Lanka, and India.
Hiring as Cultural Matching
Authors: Rivera Lauren A.
Published: November 2012

This article presents culture as a vehicle of labor market sorting. Providing a case study of hiring in elite professional service firms, I investigate the often suggested but heretofore empirically unexamined hypothesis that cultural similarities between employers and job candidates matter for employers’ hiring decisions. Drawing from 120 interviews with employers as well as participant observation of a hiring committee, I argue that hiring is more than just a process of skills sorting; it is also a process of cultural matching between candidates, evaluators, and firms. Employers sought candidates who were not only competent but also culturally similar to themselves in terms of leisure pursuits, experiences, and self-presentation styles. Concerns about shared culture were highly salient to employers and often outweighed concerns about absolute productivity. I unpack the interpersonal processes through which cultural similarities affected candidate evaluation in elite firms and provide the first empirical demonstration that shared culture—particularly in the form of lifestyle markers—matters for employer hiring. I conclude by discussing the implications for scholarship on culture, inequality, and labor markets.
Detecting Communities through Network Data
Authors: Bruggeman Jeroen , Traag V. A. , Uitermark Justus
Published: November 2012

Social life coalesces into communities through cooperation and conflict. As a case in point, Shwed and Bearman (2010) studied consensus and contention in scientific communities. They used a sophisticated modularity method to detect communities on the basis of scientific citations, which they then interpreted as directed positive network ties. They assumed that a lack of citations implies disagreement. Some scientific citations, however, are contentious and should therefore be represented by negative ties, like conflicting relations in general. After expanding the modularity method to incorporate negative ties, we show that a small proportion of negative ties, commonly present in science, is sufficient to significantly alter the community structure. In addition, our research suggests that without distinguishing negative ties, scientific communities actually represent specialized subfields, not contentious groups. Finally, we cast doubt on the assumption that lack of cites would signal disagreement. To show the general importance of discerning negative ties for understanding conflict and its impact on communities, we also analyze a public debate.
The Fringe Effect
Authors: Bail Christopher A.
Published: November 2012

Numerous studies indicate that civil society organizations create cultural change by deploying mainstream messages that resonate with prevailing discursive themes. Yet these case studies of highly influential organizations obscure the much larger population that have little or no impact. It is therefore unclear whether civil society organizations create cultural change by deploying mainstream discourses or if they become part of the mainstream because of their success. I present an evolutionary theory of how discursive fields settle after major historical ruptures that highlights framing, social networks, and emotional energy. To illustrate this theory, I use plagiarism detection software to compare 1,084 press releases about Muslims produced by 120 civil society organizations to 50,407 newspaper articles and television transcripts produced between 2001 and 2008. Although most organizations deployed pro-Muslim discourses after the September 11th attacks, I show that anti-Muslim fringe organizations dominated the mass media via displays of fear and anger. Institutional amplification of this emotional energy, I argue, created a gravitational pull or “fringe effect” that realigned inter-organizational networks and altered the contours of mainstream discourse itself.
Sociology and inequalities in post-apartheid South Africa: A critical review
Authors: Mapadimeng Mokong Simon
Published: November 2012

Sociology has been a subject of extensive debate in South Africa, especially over the last two decades. Central to the debate on sociology as a discipline and practice were efforts to document its history and paradigmatic shifts that characterized it, as well as topical themes that defined its research. One key observation in its evolution pointed to a historical shift from being a service discipline to the previous racially segregatory political regimes, especially between the early 1900s and 1960s, to a multi-paradigm discipline that challenged the racial order and inequalities in the 1970s onwards. This period marked the height of public sociology. Recent observations, however, especially in the post-apartheid period, projected a scenario of the discipline in a state of decline. Counter-evidence was nevertheless also presented suggesting not only the renewal of sociology in South Africa but also its active interest and involvement in the struggle against inequalities as part of the voices of the poor. This article calls these observations as the decline thesis and the renewal thesis, and contrasts them. The latter, I argue, is more compelling than the former. Notwithstanding this, the article argues however that the extent to which sociology in involved in struggles against inequalities is under question since public sociology, unlike in the 1970s and 1980s, is underdeveloped.
Maximum Hand-Rung Coupling Forces in Children
Authors: Ehrlich Peter F. , Young Justin G. , Ulin Sheryl , Woolley Charles , Armstrong Thomas J. , Galecki Andrzej , Chen Shu , Ashton-Miller James A.
Published: November 2012

Objective:

To quantify the effect of handhold size (diameter) on the maximum breakaway strength between a hand and handhold for children.

Background:

Falls from playground equipment are a major cause of childhood injury and death. It is unclear if recommendations for handholds on playground equipment are too broad.

Methods:

Breakaway strength was defined as the maximum quasistatic force that can be exerted on a grasped object before the object is forcibly pulled from the grasp. Hand anthropometry, grip, and breakaway strengths were measured for 397 children between the ages of 6 and 11 years. Three cylindrical handhold diameters were tested.

Results:

Breakaway strength was significantly affected by handhold size, gender, and hand dominance. Significant covariate predictors for breakaway strength included grip strength, age, and hand breadth. Breakaway strength was reduced for the largest diameter (3.81 cm) for children of all ages.

Conclusion:

Handhold design factors significantly affect the breakaway strength of children.

Application:

The results can be used as a basis for design recommendations for hand rungs used by children to reliably support their bodyweight.
Out and Down
Authors: Schnittker Jason , Massoglia Michael , Uggen Christopher
Published: November 2012

Psychiatric disorders are unusually prevalent among current and former inmates, but it is not known what this relationship reflects. A putative causal relationship is contaminated by assorted influences, including childhood disadvantage, the early onset of most disorders, and the criminalization of substance use. Using the National Comorbidity Survey Replication ( N = 5692), we examine the relationship between incarceration and psychiatric disorders after statistically adjusting for multidimensional influences. The results indicate that (1) some of the most common disorders found among former inmates emerge in childhood and adolescence and therefore predate incarceration; (2) the relationships between incarceration and disorders are smaller for current disorders than lifetime disorders, suggesting that the relationship between incarceration and disorders dissipates over time; and (3) early substance disorders anticipate later incarceration and other psychiatric disorders simultaneously, indicating selection. Yet the results also reveal robust and long-lasting relationships between incarceration and certain disorders, which are not inconsequential for being particular. Specifically, incarceration is related to subsequent mood disorders, related to feeling “down,” including major depressive disorder, bipolar disorder, and dysthymia. These disorders, in turn, are strongly related to disability, more strongly than substance abuse disorders and impulse control disorders. Although often neglected as a health consequence of incarceration, mood disorders might explain some of the additional disability former inmates experience following release, elevating their relevance for those interested in prisoner reintegration.
The Relationships between Mothers’ Work Pathways and Physical and Mental Health
Authors: Frech Adrianne , Damaske Sarah
Published: November 2012

We contribute to research on the relationships between gender, work, and health by using longitudinal, theoretically driven models of mothers’ diverse work pathways and adjusting for unequal selection into these pathways. Using the National Longitudinal Study of Youth-1979 ( N = 2,540), we find full-time, continuous employment following a first birth is associated with significantly better health at age 40 than part-time work, paid work interrupted by unemployment, and unpaid work in the home. Part-time workers with little unemployment report significantly better health at age 40 than mothers experiencing persistent unemployment. These relationships remain after accounting for the unequal selection of more advantaged mothers into full-time, continuous employment, suggesting full-time workers benefit from cumulating advantages across the life course and reiterating the need to disentangle health benefits associated with work from those associated with pre-pregnancy characteristics.