bluuebunny/crossref_metadata_2025_split huggingface dataset:
God, the Trinity, and Latin America Today
Authors: Cervantes-Ortiz Leopoldo 
Published: July 2010

AbstractThis essay tries to show the diverse ways in which it is possible to refer to the Christian Trinity inside the Latin American culture. An example is given—the Mexican culture—where Christian beliefs are continuously changing under the impact of certain ideas and practices from the postmodern mind. Contemporary Latin American cultures are a mixture of pre-modern, modern, and post-modern elements. The belief in the Trinity is a product of these elements and expresses social, political, and ideological transformations. The traditional, dogmatic, Christian teaching of the Trinity is not the main source for comprehension in that situation. Indeed, theological education has not brought enough explanation of the better form to actualize these types of beliefs. Both Catholic and Protestant theologies need a fresh approach to this problem.
The Effects of Sin upon Human Moral Cognition
Authors: Peels Rik 
Published: July 2010

AbstractThis article provides an elaborate defense of the thesis that we have no reason to think that sin has any direct effects upon our moral cognition. After a few methodological comments and conceptual distinctions, the author treats certain biblical passages on humans’ evil hearts, the function of the tree of the knowledge of good and evil in Genesis 2 and 3, Paul’s comments on the moral situation of the Gentiles in Romans 2, and Paul’s ideas on the Gentiles’ futility of mind as found in Ephesians 4. The most that can be concluded from these passages is that sin has not damaged human moral cognitive faculties to such an extent that they function insufficiently to hold people morally responsible. The author also argues that it is a consequence of sin that humans have knowledge by acquaintance of sin, and that it is only by divine revelation that humans recognize certain morally reprehensible acts, beliefs, and emotions as sinful. Finally, it is briefly argued that we have good reason to think that sin has certain indirect effects upon our moral cognition.
International Negotiation Pedagogy
Authors: Timura Christopher T. 
Published: July 2010

AbstractThis collection of articles on international negotiation pedagogy compares and contrasts a range of training methods and theories employed by scholars who teach international negotiation from different disciplinary backgrounds and in diverse institutional settings. Notwithstanding this variation, the contributors share a focus on enabling students to engage in negotiation and conflict analysis by teaching a set of core heuristics, to better understand interpersonal behavioral dynamics and learning certain interpersonal skills, and to practice negotiation and conflict analysis through the use of role plays and simulations. The contributors make different observations about the impact of students’ personal knowledge and experiences on their ability to learn negotiation skills, and have developed different ways of incorporating student backgrounds in their approaches to negotiation training. The development of more complex simulations is one way instructors are beginning to leverage student knowledge and experience to achieve pedagogical goals.
Negotiating Toward Peacemaking: Experience of the U.S. Institute of Peace
Authors: Aall Pamela , Lekson Michael 
Published: July 2010

AbstractThis article outlines the approach of the United States Institute of Peace (USIP) to training in negotiation and associated skills. USIP has provided such training for over a decade to a wide array of international practitioners, both those who are in some way directly engaged in, or at least affected by, a conflict, and international third parties from outside the conflict zone. USIP concentrates in its negotiation training on building an understanding of the negotiating environment as well as on building specific negotiation strategies. In addition to skill-building, the training programs focus on developing an understanding of the nature and dynamics of conflict and of the overlapping and interlocking nature of actors, issues, and interests in a conflict situation. The article points out five elements of content that must be included to ensure a successful program, providing illustrative examples from actual workshops. These elements include helping participants to establish effective relationships with negotiating counterparts; presenting basic concepts; acquiring and improving skills; practicing through simulations; and working together on how best to apply these skills to the real world conflicts with which they are dealing. The two case studies describe training programs for Serbian and Albanian leaders in Kosovo, and for Iraqi civil servants.
Challenges for the (Present/) Future of ird World Approaches to International Law
Authors: Odumosu Ibironke 
Published: July 2010

AbstractThis article examines the future of Third World Approaches to International Law (TWAIL) and its ability to meet its challenges and achieve its objectives in a hegemonic international system. It discusses the fundamental role of ideas, the challenge of ideational (and material) power, and the reconstruction of identities, in meeting the challenges of TWAIL perspectives. In discussing these components and their interaction, the article observes that while they show some promise for the future of TWAIL, they also embody severe limitations. The article concludes with some thoughts about TWAIL's future engagements and on the note that even though the challenges are arduous, TWAIL perspectives possess some potential to meet the present and future challenges of reconstructing the international legal system.
The International Criminal Court and the External Non-Witness Expert(s), Problematic Concerns: An Exploratory Endeavour
Authors: Overton Angela , Rothe Dawn 
Published: July 2010

AbstractThe role of the expert in criminal justice proceedings has long been an area of contention and debate among practitioners and scholars. Yet, there has been little to no discussion of the role of experts within the International Criminal Court (ICC). Here a bifurcation is drawn between those experts that are witnesses and the non-witness experts that are 'hidden' from the official processes, yet play a role in the investigations and analysis of cases. The focus of this piece is on the Office of the Prosecutor's (OTP) (hired) external non-witness experts. To date, there has been little to no criminological attention to this phenomenon. Yet there are organic concerns such as the process of knowledge-making, objectivity, 'truth' and substantive and procedural concerns that merit attention given that they are contracted to provide expertise in a particular area to help inform the way in which evidence is analyzed with the broader goal of 'proving' something important in a trial. Additionally, there is institutional equality of arms concerns related to the use of these non-disclosed experts that directly relates to due process. The use of non-witness experts is further complicated by the multiplicity of and/or relevance of fields from which they are drawn. It is the goal of this paper to explore these issues and provide a frame for theoretically situating the impact of non-witness external experts on the judicial process within the context of the ICC.
Did the Historical Jesus Prohibit All Oaths? Part 2
Authors: Meier John 
Published: July 2010

AbstractThe total prohibition of oaths (Matt 5:34-37) come from the historical Jesus. The criterion of discontinuity argues that there is no parallel to Jesus' total prohibition of oaths in the Jewish Scriptures, the intertestamental literature prior to 70 C.E., or the NT. The Jewish Scriptures take oaths for granted and imposes them in a few cases. Apart from Jas 5:12, the NT knows of no prohibition; Paul uses oaths with abandon. The criterion of multiple attestation argues that Jas 5:12 represents an independent tradition of the prohibition; Jas 5:12 is parallel to Matt 5:34-37 in both content and structure; James has other examples of Jesus' sayings woven into his epistle without attribution; and Jas 5:12 is at odds with James' treatment of the Law in the rest of his epistle. Hence Jas 5:12 qualifies as an independent witness to an isolated stream of oral tradition preserving Jesus' prohibition. This is Part 2 of a two-part essay.
A New Consensus on Oral Tradition? A Review of Richard Bauckham's Jesus and the Eyewitnesses
Authors: Marshall Howard 
Published: July 2010

AbstractBauckham's monograph is warmly welcomed for the way in which it synthesizes recent work on oral tradition and makes a fresh contribution to the debate. His proposal for giving a fuller role to eyewitnesses is assessed over against the view of D.E. Nineham. The need to demonstrate that it gives a better understanding of the actual material in the Synoptic Gospels is partly met by the detailed complementary work of J.D.G. Dunn. We need a similar treatment of the material in John to see whether Bauckham does better justice to the text than the approach of A.T. Lincoln. Nevertheless, Bauckham's thesis is well-defended and should lay to rest any lingering doubts about the way in which eyewitness testimony controlled the material recorded in the Gospels.
Authenticating Criteria: The Use and Misuse of a Critical Method
Authors: Rodríguez Rafael 
Published: July 2010

AbstractIn this essay I analyse the usual (mis)use(s) of the criteria of historical authenticity in historical Jesus research. Whereas the general appeal to the criteria has pursued at least a semblance of objectivity in historical-critical research, in practice the criteria have provided useful and clearly identifiable windows into how scholars have conceived the task(s) of historical reconstruction (i.e., their particular subjectivity). After surveying the relevant literature, I question the analytical concepts authentic and inauthentic as schemata orientating historical reconstruction. We should recognize and employ the criteria as tools that facilitate and affect the interpretation of historical traditions rather than (merely) their authenticity.
Were the Hasmoneans Really Aniconic?
Authors: Meyers Eric 
Published: July 2010

AbstractWith the abundance of evidence that the Israelites in the First Temple period did not strictly observe the Second Commandment banning images, it seems increasingly difficult to agree with the longstanding view that the Hasmoneans were aniconic. Given the fact that they were so deeply Hellenized, it might be more appropriate to refer to their selective practice of banning some sorts of art as "anti-idolic."
The Satyr as Prophet: Notes on the “Jewish” Michelangelo
Authors: Biemann Asher 
Published: July 2010

AbstractFocusing on the nineteenth and early twentieth centuries, the essay argues that there existed a Jewish fascination with the work of Michelangelo Buonarroti that was representative not only of a larger German and Jewish Italophilia at the time but also indicative of Jewish aesthetic concerns. Lodged between popular culture and the intellectual quest for an aesthetics that would problematize the figurative image and the classical sense of the beautiful, the Jewish reception of Michelangelo was guided by the themes of terribilita, unfinishedness, and the destruction of form. What emerges is a consistent dialectic of image and anti-image particularly in the writings of Salomon Ludwig Steinheim, Sigmund Freud, Hermann Cohen, Martin Buber, Franz Rosenzweig, and Ernst Bloch. But what also emerges is that German Jewish intellectuals entertained a great, though often ambivalent, admiration for the Italian Renaissance and the culture of modern Italy.
“Remembered for Praise”: Some Ancient Sources on Benefaction to Herod's Temple
Authors: Greenfield Noah , Fine Steven 
Published: July 2010

AbstractThe Temple of Jerusalem was reconstructed and enlarged under the patronage of Herod the Great beginning in 20/19 BCE. This essay assembles epigraphic sources from Jerusalem and literary sources preserved in the writings of Flavius Josephus and the ancient rabbis for benefaction to the Temple by individual wealthy Jews. Donors from as far afield as Rhodes, Alexandria and Adiabene may be identified, with Nicanor of Alexandria and Queen Helena and her son Monobazus of Adiabene appearing in archaeological remains, Josephus and rabbinic literature. This corpus provides a controlled example of ways that literary sources of various genre and archaeological remains may be placed in conversation so as to elicit historical evidence that may be of use to students of Jewish and general Roman antiquity.
Global Civil Society and International Law in Global Governance: Some Contemporary Issues
Authors: Woodward  
Published: July 2010

AbstractThis article examines current academic knowledge regarding the international relations and political science concept of 'global governance' as it has emerged in international law scholarship. The notion of 'global governance' encompasses the broad realm of political interaction aimed at global problem-solving. It includes the United Nations system, its organs and agencies, and the public and private legal institutions, regimes and networks governing relations among states and other actors across state borders. Its value in contemporary discourse lies in the need for a concept broader than 'international law' that encompasses the multitude of legal and non-binding regulatory mechanisms currently existing beyond the national domain. The contemporary idea also incorporates the phenomenon of 'global civil society,' but it repudiates global 'government.' Instead, the discourse focuses on role of democracy in global governance.Part One commences with an exploration of the meaning of 'global governance' and of the contemporary framework of global governance. The second section then situates the emerging concept of 'global civil society' and international law within the global governance framework and distinguishes global governance from global 'government.' The third section then explores globalisation and its various effects on global governance. Part Two first examines the philosophical origins of the idea of civil society, then looks at the historical evolution of the role of civil society actors in global governance, and finally investigates contemporary meanings of the terms 'civil society,' 'global civil society,' 'civil society organizations' and 'nongovernmental organization' (NGO).
The Requirement of Reasons for Findings of Fact
Authors: Menashe Doron 
Published: July 2010

AbstractIn recent years, various common law jurisdictions have been inclined to impose upon courts an obligation to give reasons for their findings of fact. This trend has not been free of criticism. Alongside those who cite the conventional argument that such an obligation would unduly burden the judicial system, a more fundamental critique has been suggested by Ronald Allen and Gerald Seniuk. Allen and Seniuk claim that the nature of factual reasoning, and the fact that this process is not transparent to the fact finder herself, doom the requirement of reasons to failure.This article attempts to examine the desirability of a requirement of reasons for findings of fact in light of this fundamental critique. I will endeavour to show that while the basic, important insights at the heart of Allen and Seniuk's critique do relate to essential elements of the process of factual reasoning, they leave other aspects of this process enigmatic or problematic. This is the case, in particular, regarding the character of claims on matters of fact put forward by litigating parties. I contend that within these, additional aspects of the reasoning process the requirement of reasons would be beneficial. Consequently, I suggest a rethinking of the scope of the reasons that should be required, and a conceptual reappraisal of the nature of the requirement of reasons on findings of fact: rather than conceive of the process of giving reasons as one in which the fact finder must raise beyond the brink of consciousness the considerations that led her to her decision, we should see this process as one of critical review, employed by the fact finder to constrain the intuitive, subconscious sphere in which initial impressions are conceived.
The Dilemma of Traditional Knowledge: Indigenous Peoples and Traditional Knowledge
Authors: Fitzmaurice Malgosia 
Published: July 2010

AbstractThis essay deals with the issue of traditional knowledge and critically assesses the relevant provisions of the 1992 Convention on Biological Diversity. It also analyses “soft law” instrument, the so-called, Akwé: Kon Voluntary Guidelines. The essay illustrates the problems relating to the regulation of indigenous knowledge by examples from practice.
Critical Third World Approaches to International Law (TWAIL): Theory, Methodology, or Both?
Authors: Okafor Obiora Chinedu 
Published: July 2010

AbstractThis paper engages with the question of whether TWAIL is a theory, a methodology, or both. It takes the mainstream positivist understandings of the concepts of "theory" and "methodology" seriously in order to assess TWAIL scholarship against those (admittedly contingent) measures. It argues that TWAIL offers both theories of, and methodologies for, analysing international law and institutions, before concluding that TWAIL can be usefully thought of in the way suggested by its very appellation: as a broad approach.
Who is Indigenous? Construction of 'Indigenousness' in Russian Legislation
Authors: Stammler-Gossmann Anna 
Published: July 2010

AbstractThe aim of this article is to identify the unique Russian conceptualisation of indigenousness and its origin in relation to state formation. First, I focus on the variety of the internationally used legal vocabulary in the Russian context. To be familiar with the understanding of 'indigenousness' in Russia also means to be familiar with its history: every modern legal, political or social interpretation of the notion of 'indigenous' in Russia refers to it. I explore the question 'What does it mean to define a people as "indigenous" inhabitants of the land' from historical, economic, social, and cultural perspectives, which preconditioned and have fostered the contradictory nature of the 'indigenousness' discourse in contemporary Russia. In doing so, I focus on the state approach in the Russian empire and the Soviet Union, determining an indigenous population as a special legal category. I then analyse how different kinds of indigenousness were produced and why some communities became 'indigenous', while others did not. Tracing the on-going construction of indigenousness and associated discourses in Russia, I introduce the legal definition of indigenous people, analysing two main criteria which differ in Russia from international understanding: the criterion of ethnicity and the criterion of population numbers. In order to understand why of the 26 recognised indigenous peoples in the USSR became 45 in the Russian Federation, I analyse the contested meaning of indigenousness taking into account geographical, demographic, cultural aspects and political circumstances. I argue that in the current situation there are strong reasons in Russian legislation that render the adoption of international legislation impossible, as we see on the example of the ILO convention 169 or the draft UN Declaration on indigenous rights.
Evolving Protection of Minority Groups: Global Challenges and the Role of International Jurisprudence
Authors: Pentassuglia Gaetano 
Published: July 2010

AbstractThis article explores the role of judicial discourse in articulating and accommodating minority claims under international law. It identifies four major movements in the field of minority protection and argues that, while the era of specialised standard-setting on minority groups seems to be largely over, international jurisprudence holds the promise of a wider and deeper (re-)assessment of minority issues within the human rights canon.
The ECJ's 'Hard' Control over Compliance with International Environmental Law: Its Procedural and Substantive Aspects
Authors: Shigeta Yasuhiro 
Published: July 2010

AbstractThis study shows that the ECJ, while not directly applying and interpreting environmental treaties, exercises procedurally and substantively 'hard' control over compliance with EC legislation implementing those treaties, in the fields of nature conservation and hazardous waste management, on certain conditions and within certain limits. This study also shows that the ECJ's acknowledgment of its exclusive jurisdiction on the marine environment as seen in the 2006 MOX Plant case has contradictory effect on its substantively 'hard' control: such acknowledgment, although being a plus factor where there is no Community measure, becomes a minus factor since it in practice means that there already exist Community measures. Although the above observations are also instructive to other international judiciaries' study, structural and situational differences should be considered.
ICSID Arbitration and the Importance of Public Accountability of a Private Judicature – A Roman Law Perspective
Authors: Sourgens Frederic Gilles 
Published: July 2010

AbstractThis article explores the problems of public accountability in current investment law practice. These problems arise from the private interpretation of international investment treaty and customary law in arbitration. It analyses these problems through the historical lens of Roman law and the Roman law tradition in international law. It suggests a Praetorian system of international accountability and explores the remarkable similarities between current investment arbitration and classical Roman civil procedure.
The Scandal of Enlightenment and the Birth of Disciplines: Is International Law a Science?
Authors: Singh Prabhakar 
Published: July 2010

AbstractToday’s mainstream international law scholarship (MILS) is concerned primarily with the issue of its scientificity. This brings us to the larger epistemological questions of linear modernity, narratives of circular progress, role of colonisation and rejection of pre-science. International law is not a self-contained regime as it draws insights from all the other disciplines that were born after the Enlightenment. This article makes a psychological investigation using Nandy’s psycho-political framework under the third world approaches to international law (TWAIL). It also sees, as a case in point, the invasion of modernity via late capitalism into tribal life as modernity’s apology for the “third” disenchantment. International Law’s evolutionary scientificity, therefore, has been examined through psychology and mythology in the post-colonial world.