bluuebunny/crossref_metadata_2025_split huggingface dataset:
The EC Directive on Port State Control: A Policy Statement
Authors: Salvarani Roberto 
Published: April 2008

AbstractThe central pillar of European Union policy concerning safety at sea is enforcement of existing international rules and regulations. The EC Directive on Port State Control is a reaction to the fact that, despite the implementation of Port State Control in 1982, the number of substandard ships in European ports has vastly increased. It became evident that the Member States of the Paris Memorandum of Understanding on Port State Control (MOU) were not applying the control scheme uniformly. Furthermore, the scheme was obsolete and needed extensive updating. In order to force EU Members to enhance the effectiveness of, and to obey, the rules and standards set, the EC introduced the Directive, which entered into force on 1 July 1996. The Directive sets forth a binding commitment to inspect at least 25 per cent of all ships entering a port and, by inference, an obligation to employ qualified staff proportional to the task. The European Commission will assist the Member States in training Port State Control Officers by granting subsidies. Ships operating under blacklisted flags are targeted as a priority. The practice of releasing a ship under the condition of rectifying the deficiencies in other yards is supplemented by a banning system. A ship that fails to show up at the designated shipyard will be banned from every European port until it proves full compliance with all applicable international rules to the authority that first detained it. The EC Directive also provides for the publication of the names of owners of detained ships, as well as the names of the responsible classification society, where relevant (e.g. not in cases of incompetent crews). Full compliance with all rules set forth by the Directive can now be enforced by means of EC law and procedures, with the Commission monitoring that each Member State applies the law strictly and correctly.
The Precautionary Approach to Fisheries Management: An Environmental Perspective
Authors: Hewison Grant J. 
Published: April 2008

AbstractDespite the precautionary approach being only recently applied to the management of international fisheries, it has raised considerable controversy. There are concerns over the precise legal meaning of the precautionary approach. There are also worries that strict application of the approach will be used to shut down some international fisheries. Moreover, there is continuing debate about how precaution should be applied to the management of fisheries where there has always been, and probably always will be, sparse scientific knowledge. Much of the demand for a precautionary approach to international fisheries management has come from environmentalists, but there has been little analysis of their views. This article seeks to explore the precautionary approach to fisheries management from an environmental perspective. The first part of the article discusses the status of the precautionary approach at international law and, in particular, addresses the question whether the approach has become founded in customary international law. The second part of the article provides an environmental perspective of the precautionary approach and its application to international fisheries. This part covers issues such as the demand by environmentalists for science-based management procedures, the setting of stock levels, anticipatory reference points, ecological safeguards and participation in decision-making.
Antarctic EEZ Baselines: An Alternative Formula
Authors: Green Julia 
Published: April 2008

AbstractThe Antarctic has a unique political and physical architecture which is going to be difficult to reconcile with the guidelines and obligations contained within the LOS Convention. This is particularly so in relation to the LOS Convention's rules regarding the delimitation of a baseline from which both the EEZ and continental shelf are measured because of the presence of ice obscuring the true coastline. Of the seven states claiming sovereignty over Antarctic territory, Australia is one which has formally declared an EEZ off its Australian Antarctic Territory. However it has done so without first deciding where its coastal baseline will be positioned. Notwithstanding the possible political ramifications of Australia's preemptive declaration, there are choices available for baseline positioning which are not necessarily contained within the LOS Convention but, if treated in the usual consensual manner of Antarctic Treaty Party negotiations and the general rules of international law, represent a possible solution to this dilemma.
Patients' Complaint Procedures, in a Scandinavian Perspective
Authors: Segest Erling 
Published: April 2008

AbstractA description of the problems regarding patients alleged physicians mis-conduct is given, focusing on conditions in Denmark, and to some extent on the other Scandinavian countries. The survey interprets the disciplinary, as well as the compensation, complaint procedures. The Parliamentary Ombudsman and patients ombudsmen functions are included also. The functions of these bodies are elucidated by a number of cases, together with selected statistical figures. It is concluded, regarding that both patients and doctors had voiced some dissatisfaction with the complaint procedures that there is a need to simplify the complaint system, to make it more transparent, and to some extent secure patients rights. If this it not done it will increase the legitimacy loss for the health sector as a whole.
Accounting for genocide after 1945: Theories and some findings
Authors: Fein Helen 
Published: April 2008

AbstractGenocide has been related in social theory to both social and political structure: i.e., plural society (ethnoclass exclusion and discrimination) and types of polities - revolutionary, totalitarian and authoritarian regimes. War has also been noted as an instigator or frequent context of genocide. This paper reviews theoretical expectations and examines the empirical relation between genocides (and other state massacres) and indices of ethnic discrimination, polity form, and war among states in Asia, Africa and the Mid-East from 1948 to 1988. Findings show that (1) most users of genocide are repeat offenders. (2) There is a high likelihood of political exclusion and discrimination of ethnoclasses producing rebellions which instigate genocides and other state-sponsored massacres. (3) As expected, unfree, authoritarian, and one-party communist states (in ascending order) are most likely to use genocide. Democratic states in this era are not perpetrators against their citizens but have been patrons and accomplices of genocidal regimes elsewhere. One-party communist states are 4.5 times more likely to have used genocide than are authoritarian states. (4) States involved in wars are many more times as likely to have employed genocide than other states. Exploring these cases, we find that genocides both lead to war and war leads to genocide through several processes. (5) The use of genocide in conflicts within the state in the regions surveyed tripled between 1968-88 compared to the preceding score of years (10:3 cases). Genocide and genocidal massacres occur so often that they may be considered normal in these regions. Both the theoretical and the policy implications of these findings are discussed. Observing on the latter, we note that journalists and scholars have often confused recognition of genocide and genocidal massacres by framing these cases as 'ethnic conflicts', by confounding the toll of war and massacre and by conflating concepts. To deter genocide, we should promote nonviolent change in order to eliminate ethnoclass domination and monitor civil wars to detect
The legal nature of commitments related to the question of minorities
Authors: Symonides Janusz 
Published: April 2008

AbstractThough the list of international standards for the protection of the rights of persons belonging to national minorities seems to be quite comprehensive, one cannot overlook the fact that the most important among normative instruments, the United Nations Declaration and CSCE Copenhagen Document, are not legally binding. From the legal point of view while the principles of equality and non-discrimination of persons belonging to national minorities are formulated by "hard law", i.e. by the whole body of international human rights instruments, positive rights are mainly formulated by "soft law", i.e. recommendations and documents of intergovernmental organizations. Although this is true for both universal ad regional standards, nevertheless in comparison with the universal level, the protection of minority rights has been more advanced in the European region and within the OSCE process. The article proposes a number of ways and means by which the further consolidation of international standards concerning minority rights can be achieved.
Les 'Cas Brief Selon Le Droit Civil'
Authors: Duynstee Marguerite , Feenstra Robert 
Published: April 2008

AbstractIntroduction - 1. La Somme rural de Jean Boutillier et ses manuscrits - 2. Regulae iuris et Casus breves des Décrétales - 3. Les 'Cas brief selon le droit civil' et leur source, les Casus legum des Décrétales - 4. Quelques particularités des Casus legum - 5. Le texte latin des 'Cas brief selon le droit civil' et ses corruptions par rapport aux Casus legum- 6. Le texte français des 'Cas brief selon le droit civil' - 7. Jean Boutillier rédacteur des 'Cas brief selon le droit civil' - Annexes I à V
Michel Scot Et La "Theorica Planetarum Gerardi"
Authors: Federici-Vescovini Graziella 
Published: April 2008

AbstractThe authorship of the Theorica planterum has been controversial. According to a medieval tradition, the work was written by Gerard of Cremona. In the (older) scholarly literature (Nallino, Carmody, et al.), however, the work was attributed to Gerard of Sabbioneta. This note reassesses the evidence put forward in support of the authorship of Gerard of Sabbioneta and argues, on the basis of manuscript evidence, that it is highly likely that the Theorica planetarum was translated by Gerard of Cremona or someone from his circle.
The Logic of Copernicus's Arguments and His Education in Logic At Cracow
Authors: Goddu André 
Published: April 2008

AbstractThe astronomical traditions on which Copernicus drew for his major works have been well researched. Questions about Copernicus's arguments and his education in logic have been less thoroughly treated. The arguments supplied by Copernicus in his major works are shown to rely to a large extent on well-known dialectical topics or inference warrants. Some peculiar features of his arguments, however, point to sources at Cracow that very likely inspired him to construct arguments based on the requirement of real connections between antecedents and consequents as a condition for the validity of hypothetical conditionals.
'The Infinite Variety of Formes and Magnitudes': 16Th- and 17Th-Century English Corpuscular Philosophy and Aristotelian Theories of Matter and Form
Authors: Clucas Stephen 
Published: April 2008

AbstractIn this article, I argue that the interest on the part of Bacon, Hill, and Warner in corpuscularian interpretations of natural phenomena and their similarity to certain views later held by Digby or Boyle offer a strong indication for the existence of an 'independent English atomistic milieu', a view that fits more closely Porter & Teich's recent model of national contexts for early modern science than Kargon's traditional picture of English atomism as a foreign import. In the course of this article, I consider Francis Bacon's anti-Aristotelian polemic in the light of his continued adherence to a conception of material form and his essentially Aristotelian metaphysics, as well as the relationship between his conception of form and his corpuscular theories of matter. This is followed by an examination of Walter Warner's natural philosophical manuscripts. Particular attention is paid to his Averroist distinction between assistant form (which has the role of an active, organizing, kinetic principle) and insistent forms (passive material formation, according to the nature of the substance and its internal combination or mixture of parts) in his treatment of the atoms of vital spirits and of the transmission of light, an idea that has interesting links to the scholastic notion of the sphaera actiuitatis. It is shown how Warner replaced the assistant form/sphere of activity with an energic principle, which he called vis and which took over many of the characteristics of the formative principles it replaced. I then compare Warner's use of vis with Nicholas Hill's, for whom it represented a hypostatic principle, i.e. an instrument of divine agency in the physical world. Such a strong view of divine causation enabled Hill to undertake a more radical critique of Aristotelian form than was available to Warner. My discussion ends with a look at Boyle's critique of the modern Aristotelian doctrine of forms, and his re-interpretation of form in terms of atomic configuration and the modifications of local motion. I end by suggesting that the 'phasing out' of Aristotelian notions of form, and their replacement with ideas of force or local motion opened the way for a similar 'phasing out' of divine causation, by making force a self-sufficient explanatory principle.
Vernacularisation of Medical Writing in English: a Corpus-Based Study of Scholasticism
Authors: Pahta Päivi , Taavitsainen Irma 
Published: April 2008

AbstractThe article proposes a model for linguistic analysis of scientific thought-styles, combining quantitative and qualitative analyses in the variationist frame and focusing on writings of the scholastic period. The first part of the article considers factors that led to the vernacularisation of scientific writings in fifteenth-century England and the sources, underlying traditions, and audiences of these writings. The empirical part focuses on two features typical of scholasticism: references to authorities and the use of prescriptive phrases. The results show statistical differences between varieties of writing. A close semantic analysis reveals a pattern which is related to the underlying layers of traditon and to the sociohistorical background of the texts. The material comes from a computer-readable Corpus of Early English Medical Writing 1375-1750, which the authors are compiling at the University of Helsinki.
'Enkelwees' : 'n Vroeë Boeddhistiese gedig
Authors: Krüger J.S. 
Published: April 2008

AbstractThis article offers an Afrikaans translation of a poem (the Khaggavisanasutta - literally, 'the sutta of the rhinoceros horn') from the Suttanipata, which in all probability contains some of the oldest portions of the Pali canon. Like the other poems in this collection, this one also reflects a stage before the monastic institutionalisation of Buddhism, praising the laying aside cf all violence and the solitary life.
The role of Christian church leaders in the peace process in South Africa
Authors: Pieterse H.J.C. , Nel Malan , Njumbuxa B.A. 
Published: April 2008

AbstractThe objective of this article is to progress descriptively within the first phase of the research process, namely observation towards a problem statement. On the basis of interviews with Dr LouwAlberts and Archbishop Desmond Tutu, literature, a survey on violence by the HSRC, and press reports we describe the role of Christian church leaders in the peace process which culminated in the National Peace Accord. Our research identified a problem which needs further research: there is a discrepancy between the religious understanding of peace by the church leaders and the religious understanding of peace by the people on grassroots level.
Is the emic-etic distinction a useful tool for cross-cultural interpretation of the New Testament?
Authors: Craffert P.F. 
Published: April 2008

AbstractNowadays the emic-etic distinction is becoming highly popular in New Testament studies. Whether it is a useful tool for interpreting the New Testament cross-culturally, however, is a question to be answered only after a thorough analysis of emics and etics in the social sciences. A broad overview of the history and significance of the emic-etic distinction in the social sciences is followed by brief remarks on the interpretive turn in the theory of science. Special attention is given to the adequacy of the emic-etic tool in claims of cross-cultural interpretation in which a high premium is placed on avoiding ethnocentric interpretations. Emics and etics as seen from a postinterpretive turn position are discussed in an attempt to redefine them with a view to application in interpretive discourses.
Is the human being a profit and pleasure maximiser?
Authors: Nümberger K. 
Published: April 2008

AbstractLiberal economics is based on the concept of 'economic man', that is, the human being as a profit and utility maximiser. The pursuit of self-interest at the expense of one's competitors is deemed morally acceptable and socially desirable. These assumptions stand in stark contrast to the anthropology of traditionalist cultures which bind human avarice into communalist fetters. While traditionalism leads to economic stagnation, modernism leads to vast discrepancies in wealth and life chances, marginalisation of the least competitive, squandering of resources and ecological destruction. The mindset of the future must combine freedom with responsibility and gain comprehensive horizons in terms of time and space. A historical-theological survey shows that the inner dynamic of the biblical faith is capable of generating a vision of comprehensive wellbeing, the freedom to act redemptively and the motivation to achieve a more balanced and equitable future.
The changing position and meaning of religion and the church in Western Europe-a sociological analysis
Authors: Dekker Gerard 
Published: April 2008

AbstractThe changes that have taken place in religious and ecclesiastical life in Western Europe are characterised as a process of secularisation. Secularisation encompasses three different processes, namely a decline in the religiosity of people, the restriction of the range of influence of religion and the adaptation of religion to the values of society. By means of these processes on three levels the developments with relation to religious life in its entirety can be described. Since changes in religious life are connected with changes in society and the culture of the society in which that religion functions, a better understanding of what secularisation entails demands that we look at those developments in society which have promoted changes in religion and the church. Developments in society that are discussed include the changed organisation of society and processes of rationalisation, democratisation and subjectivation. Finally, it is shown how these developments resulted in the diminishing significance of religion and the churches in and for society.
Who crucified Jesus?
Authors: Okorie A.M. 
Published: April 2008

AbstractThis article addresses the question Who killed Jesus? by pointing to the role the Sanhedrin played in the trial and crucifixion of Jesus. The history of the Sanhedrin is traced and the areas of jurisdiction of the Sanhedrin are outlined. It is concluded that the Sanhedrin was both a legislative body, responsible for interpreting the Law, and involved in political and judicial affairs, a body that could become involved in capital cases.
Cognitive Dissonance and Early Christianity a Theory and Its Application Reconsidered1
Authors: Taylor Nicholas H. 
Published: April 2008

AbstractCognitive dissonance was one of the first social scientific concepts to be applied in New Testament studies. J Gager in Kingdom and community (1975) used cognitive dissonance theory to account for Christian responses to disconfirmation of their eschatological expectations. In a later article (1981) he used the theory to illuminate Paul's conversion. It was with the same intention that Segal (1990) applied this among other theories. Räisänen implicitly draws upon, if not the theory, then the thinking and observations which lie behind it in his study of Paul and the Jewish Law (1986). In my own previous work (1992; 1993; 1996) I have sought to apply cognitive dissonance both to Paul's conversion and to its much later repercussions for his views on matters of Jewish heritage and observance. Opposition to the use of cognitive dissonance theory in New Testament Studies has been led by Malina (1986). Drawing upon the cautions raised by Snow and Machalek (1982), Malina argues that cognitive dissonance theory is inappropriate to the early Christian situation, as the culture accommodated anomalous beliefs and practices without any consciousness of their incompatibility. Malina therefore suggests that, rather than Festinger's notion of cognitive dissonance (1957), Merton's conception of normative ambivalence (1976) should be used to account for discrepancies in the records of early Christianity. A corollary of this would be that dissonant information would not generate any pressure towards resolution in the early Christian context. This article will examine Malina's criticisms of the use of cognitive dissonance theory in Biblical Studies. Particular attention will be given to the question whether cognitive dissonance and normative ambivalence can in reality be deemed to be mutually exclusive alternatives. It will be argued that situations do occur where anomalies do not generate cognitive dissonance, and these are more adequately accounted for in terms of normative ambivalence. However, there remain situations where the stress occasioned by discrepant beliefs, practices, and experiences is evident. These situations are more adequately accounted for by cognitive dissonance. The theory therefore remains a valid tool for New Testament studies.
A Theological Theory of Communicative Actions
Authors: Pieterse Hendrik J.C. 
Published: April 2008

AbstractSouth African society is engaged in an intensive process of transformation and change. This transformation is an extremely complex and difficult process in the light of the enormous social and economic problems of the South African population. In this unique context practical theology is practised as an academic theological discipline with a view on the role of religious praxis in the transformation process. The South African approach to practical theology has the following characteristics. It is a critical, contextual theology of a liberational, transformative nature that works with a communicative theory of action based in a critical hermeneutical framework. It takes the concrete practical situation seriously and is therefore empirically oriented.
The Manifestation of Religious Pluralism in Christian Izibongo
Authors: Lombard Daniël B. 
Published: April 2008

AbstractThe article contributes to scholarly inquiry into religious pluralism in South Africa, in particular to how Christian doctrine interacts with the African worldview. Evidence for the intercultural and interreligious discourse is based on an analysis of a eulogy of Christ, created and performed in the traditional style of izibongo, or Zulu praise poetry. The conclusion is drawn that the eulogy is a manifestation of vigorous interreligious dynamics, showing that Christianity and izibongo are both remarkably protean in their potential for creative interaction. Christianity is embraced, but simultaneously transformed by the indigenous genre; praise poetry can assert its traditional style, but itself becomes transmuted by Christian doctrine.