bluuebunny/crossref_metadata_2025_split huggingface dataset:
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

AbstractFundamental 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

AbstractThe 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

AbstractDespite 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

AbstractConstraints 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.
Regulating Navigation through the Turkish Straits: A Challenge for Modern International Environmental Law
Authors: Mitchell Jeanene M. , Joyner Christopher C. 
Published: March 2012

AbstractThe 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

AbstractSovereignty 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

AbstractChina'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

AbstractThis 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.
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

Abstract‘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

AbstractEncountering 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

AbstractGenerally 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

AbstractRecent 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

AbstractIn 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

AbstractQuestions 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

AbstractThe 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

AbstractEl 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".
The Law of Nature as the Moral Law
Authors: Gert Bernard 
Published: March 2012

AbstractAlthough Hobbes talks about the laws of nature as prescribing the virtues, it is easier to think of them as proscribing the vices. The nine vices that are proscribed by the laws of nature are injustice, ingratitude, greed or inhumanity, vindictiveness (Hobbes does not name the vice corresponding to mercy, this is my attempt to provide one.), cruelty, incivility or contumely, pride, arrogance, and unfairness (I take this to be the vice corresponding to equity). The corresponding virtues that are prescribed by the laws of nature are justice, gratitude, humanity or complaisance, mercy, (Hobbes does not give, and I do not know what would count as, the virtue corresponding to his account of cruelty), civility, humility, (Hobbes uses this as one of the names for the virtue corresponding to the vice of arrogance, but I am using it as the opposite of pride.), modesty, and equity. The difficulty of coming up with names for some of the virtues, and even for some of the vices, shows that they are not all among the most common moral virtues and vices. Nonetheless, as described by Hobbes, they are genuine moral virtues and vices, traits of character such that all impartial rational persons would favor everyone having the virtues and no one having the vices. All of these virtues are such that they benefit everyone impartially by promoting peace, and are not primarily of benefit to the person having them. This is what makes them moral virtues and distinguishes them from the personal virtues of courage, prudence, and temperance. (See H, XIII, 9) The laws of nature are the dictates "of right reason, conversant about those things which are either to be done or omitted for the constant preservation of life and members, as much as in us lies." (C, II, 1; see also L, XIV, 3) But the law of nature "dictating peace, for a means of the conservation of men in multitudes;" (L, XV, 34; see also C, III, 32) is also the moral law because "in the means to peace, [it] commands also good manners, or the practice of virtue; and therefore it is called moral." (C, III, 31; see also L, XV, 40) Hobbes correctly sees both that peace benefits all persons impartially and that impartiality is essential to morality. His account of the moral virtues correctly makes them traits of character that would be favored by all impartial persons. His argument for the rationality of these moral virtues is that one's self-interest, which for Hobbes is primarily one's long-term preservation, is enhanced by having these virtues. There is no incompatibility between morality and self-interest as long as what is in one's own self-interest is equally in the interest of everyone else. Hobbes sees this point quite clearly and it is at the heart of his justification of the moral virtues.
Hobbes on Liberty1
Authors: Goldsmith M.M. 
Published: March 2012

AbstractIt has become common to view Hobbes as a 'liberal', indeed as one of the founders of liberalism. Despite this characterization, there are few works which examine his views on liberty closely. The first part of this paper attempts to explicate what Hobbes says about liberty, mainly in Leviathan, especially in relation to recent philosophical analysis of the subject. In the second part, I examine the relation between Hobbes's views about liberty and other aspects of his political views.
Hobbes on Fidelity to Law
Authors: May Larry 
Published: March 2012

AbstractI will attempt to explicate Hobbes's conception of legal obligation by trying to understand what factors would lead people, on his view, to agree to obey a legal authority as well as to accept a legal system as deserving of respect. I am mainly concerned to understand Hobbes's curious claims that those who have been legitimately condemned to death and those who have been legitimately commanded to serve in combat situations may nonetheless justifiably disobey the law. Such claims seem to undermine fidelity to law, at least as that concept was understood by Plato in The Crito. As a result it might appear that Hobbes provides too simplistic a view of legal obligation. On the contrary, I will argue that Hobbes supports quite a plausible and subtle view of legal obligation which has several advantages over various other views of legal obligation.