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1
Peiris, Nuwan. "Ghana v. Ivory Coast." American Journal of International Law 112, no. 1 (January 2018): 88–93. http://dx.doi.org/10.1017/ajil.2018.10.
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The charm of maritime delimitation and its enigmatic lessons hardly surprise us, yet the reasoning behind them sometimes seems seductively elusive. On September 23, 2017, a Special Chamber of the International Tribunal for the Law of the Sea (ITLOS) issued its decision in Ghana v. Ivory Coast. The glamour of maritime delimitation is reason enough to note the judgment, but the case also addresses the equidistance principle for maritime delimitation, the standard for the acceptance of a tacit agreement, and international responsibility under Article 83 of the United Nations Convention on the Law of the Sea (UNCLOS).
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Pinelli, Cesare. "Constitutional Reasoning and Political Deliberation." German Law Journal 14, no. 8 (August 1, 2013): 1171–81. http://dx.doi.org/10.1017/s2071832200002212.
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In the recent Anglo-American scholarly debate, contrary to that of continental Europe, judicial review of legislation raises strong criticism for various aspects. Among these, I will examine the claim that legislators are better equipped than courts in constitutional reasoning, on the ground that the institutional settings and procedures affecting the former ensures a better protection of rights than those that characterize the judicial function. The following questions will be posed: Do legislators primarily deal with rights as such? Do they reason about rights, and in that case for which purposes? Are these purposes sufficiently similar to those affecting the judicial reasoning about rights? Why in most legal orders courts are bound to reason-giving? While answering these questions, I will outline the different meaning that consequentialist reasoning is likely to acquire, respectively, in representative assemblies and on the bench. I will then classify the kinds of juridical consequences, and of the corresponding premises, that might affect constitutional reasoning according to the different weight of judicial construction. Finally, I will attempt to demonstrate why the indeterminacy of principles on which constitutional reasoning is expected to rely should be viewed as enhancing, rather than as distorting, the insight of courts on the right at stake.
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Sotelo, María José, and Jose Luis Sangrador. "Psychological Aspects of Political Tolerance among Adolescents." Psychological Reports 81, no. 3_suppl (December 1997): 1279–88. http://dx.doi.org/10.2466/pr0.1997.81.3f.1279.
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This study concerns 273 Spanish adolescents, aged between 14 and 17, 125 boys and 148 girls. The measured variables were political tolerance, liking for several groups, political experience, cognitive moral reasoning, support for democratic norms, support for violent groups, identification with a group of friends, identification with a religious group, and identification with a soccer team. The objectives of this work were (a) to establish groups of adolescents based on the relationship between their willingness to extend rights to several groups and their liking of these groups, (b) to know the personality characteristics of tolerant and intolerant adolescents, and (c) to set up correlations between age and total tolerance, total liking, and the variables correlated with tolerance. The main findings are that older and younger adolescents belong to different groups, with respect to tolerance, and something similar can be said about boys and girls. Intolerant adolescents perceive themselves as anxious, insecure, solitary, and obstinate. Significant positive correlations between age and political experience, rated support for democratic norms and ratings for identification with a group of friends were found. On the contrary, there were significant negative correlations between age and rated support for violent groups, identification with a religious group, and identification with a soccer team.
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Magnussen, Anne-Mette. "The Norwegian Supreme Court and Equitable Considerations: Problematic Aspects of Legal Reasoning." Scandinavian Political Studies 28, no. 1 (March 2005): 69–89. http://dx.doi.org/10.1111/j.0080-6757.2005.00121.x.
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Manu, Thaddeus. "Ghana Trips Over the trips Agreement on Plant Breeders’ Rights." African Journal of Legal Studies 9, no. 1 (June 29, 2016): 20–45. http://dx.doi.org/10.1163/17087384-12342070.
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The premise under which the global Intellectual Property Right (ipr) system is validated has often focused on a traditional materialistic approach. While this seems to find legitimate support in economic reasoning, such a fundamental view also appears to contradict a related social norm claim, which dictates that society ought to be shaped by appropriate values rather than economic rubrics. Although Ghana is not a signatory member of the International Union for the Protection of New Varieties of Plants Convention (upov Convention), there is explicit evidence that the Plant Breeders’ Rights (pbrs) Bill under consideration in the Ghanaian Parliament contains provisions modelled on the upov Act 1991 rather than the potentially flexible and effective sui generis system in trips. This paper aims to contribute to a recently active area of discussion on the topic by examining the consequences of stringent legislation on pbrs in the absence of adequate safeguard measures to protect the public interest. Consequently, the hypothesis of this paper rests on the argument that every system needs checks and balances and the legislative system is no exception. The conclusion is that Ghana should not ignore the effective sui generis system under trips for the pbrs modelled around the upov Convention because the latter does not entail adequate safeguard provisions and stands to devalue the public interest.
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Yiallourides, Constantinos. "Calming the Waters in the West African Region: The Case of Ghana and Côte d'Ivoire." African Journal of International and Comparative Law 26, no. 4 (November 2018): 507–26. http://dx.doi.org/10.3366/ajicl.2018.0246.
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On 23 September 2017, a Special Chamber of the International Tribunal for the Law of the Sea (ITLOS) unanimously fixed the course of the maritime boundary between Ghana and Côte d'Ivoire and, thus, ended a long-standing dispute between the two West African neighbours. In addition to maritime delimitation, the legal reasoning and conclusions drawn in the judgment – especially in view of the Special Chamber's Provisional Measures Order of 25 April 2017 – are significant, in that they shed light on states' rights and obligations under the United Nations Convention on the Law of the Sea (UNCLOS) in respect of undelimited maritime areas, and also on the potential to respond meaningfully to unilateral resource-related activities in disputed waters through recourse to provisional measures of protection. The present article examines the key aspects of the Special Chamber's ruling and highlights some issues of practical significance for the future conduct of unilateral petroleum activities in disputed maritime areas.
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Alhassan, Afizu, Mate Siakwa, Akwasi Kumi-Kyereme, and Michael Wombeogo. "Barriers to and Facilitators of Nurses’ Political Participation in Ghana." Policy, Politics, & Nursing Practice 21, no. 1 (January 19, 2020): 29–42. http://dx.doi.org/10.1177/1527154419899602.
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All aspects of nursing practice are regulated by politics and affected by changes in public policy. For that reason, nurses need to be active in the political process through which they may influence public policies on health. However, nurses’ participation in political activities in many countries is either low or moderate at best. Studies that explore political participation among nurses are rare in Africa. We conducted this study to identify factors that may enhance or hinder nurses’ political participation. Through a cross-sectional survey, we collected data from 225 registered nurses sampled from three hospitals and two nursing training schools in Tamale, Ghana, using a structured questionnaire. We analyzed the data using descriptive statistics and correlations. The most frequently reported barriers to political participation were having little free time, lack of trust in politicians, fear of conflict/confrontation, lack of educational preparation, and lack of access to the right connections. The major facilitators of political participation were identified as availability of free time and money, civic skills, personal interest in politics, self-belief and confidence, and a strong party affiliation. These findings call for integration of political content into the nursing education curriculum and for professional nursing organizations to create opportunities for their members to learn about the political process.
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H⊘genhaven, Jesper. "Prophecy and propaganda aspects of political and religious reasoning in Israel and the ancient near east1." Scandinavian Journal of the Old Testament 3, no. 1 (January 1989): 125–41. http://dx.doi.org/10.1080/09018328908584913.
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Barebina, Natalia, Galina Kostyushkina, and Zhiyong Fang. "Vectors of Argumentative Orientation in the Study of Language Aspects Dynamic of Political Media Discourse." Bulletin of Baikal State University 31, no. 1 (March 31, 2021): 98–102. http://dx.doi.org/10.17150/2500-2759.2021.31(1).98-102.
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The article presents an attempt to analyze the argumentative constants and variations in the analytical genre of a political media discourse from the point of view of focusing on the formation of different opinions of the audience. This task is solved by using the concept of strategic maneuvering. This concept contains a theoretical tool that allows you to identify violations of dialectical standards of argumentation in the form of rhetorical goals in the author's reasoning. Using the method of random selection, a corpus of examples was formed as fragments of speeches of political leaders. Examples were taken from the website of the Munich Security Conference 2016-2020. An evaluative-critical analysis of theoretical literature has revealed the main characteristics of the political media discourse. It was found that this social practice presupposes an argumentative way of organizing a discourse. The article states that any forms of the analytical genre of the political media discourse presuppose a certain standard of rationality in terms of its logical presentation and the quality of arguments. Using the method of pragma-dialectical reconstruction of the text, the authors illustrate the rational goal of argumentation realized by the speaker. However, the specificity of the genre inevitably leads to the desire of the addressees to present arguments in their favor. This is manifested in the rhetorical analogue of the logical dimension of the text-reasoning. It is concluded that the norm and violations in argumentation show how the language system functions in the formation of vectors of audience attitude.
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Martsolf, Grant R., and Teresa H. Thomas. "Integrating Political Philosophy Into Health Policy Education." Policy, Politics, & Nursing Practice 20, no. 1 (January 2, 2019): 18–27. http://dx.doi.org/10.1177/1527154418819842.
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Twenty-first century America is marked by deep and seemingly incommensurable divisions in terms of public policy solutions to our most intractable issues. Health policy challenges are not immune to these deep divisions, as the debate during and since the passage of the Affordable Care Act illustrates. Positions on key public policy issues are driven by largely implicit and unarticulated philosophical presuppositions that guide individuals’ notions of the nature of government, individuals’ moral obligations to each other, how society assesses quality of life, and what it means to be a community. If faculty in schools of nursing are to prepare graduate nurses to enter into these heated public policy debates, we must help students understand, identify, and articulate the philosophical presuppositions that undergird reasoning related to health policy issues. In this article, we present a working taxonomy that can help faculty members provide students with a basic understanding of core philosophical principles. We attempt to categorize all of western political philosophy into four distinct traditions or “impulses,” describing each of these four traditions in detail. We illustrate each tradition’s approach to political reasoning using a specific health policy case study. We conclude with some guidance about how to implement this content within a doctoral-level public policy curriculum.
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Yeboah, Ian E. A. "Demographic and Housing Aspects of Structural Adjustment and Emerging Urban Form in Accra, Ghana." Africa Today 50, no. 1 (March 2003): 106–19. http://dx.doi.org/10.2979/aft.2003.50.1.106.
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Yeboah, Ian E. A. "Demographic and Housing Aspects of Structural Adjustment and Emerging Urban Form in Accra, Ghana." Africa Today 50, no. 1 (2003): 107–19. http://dx.doi.org/10.1353/at.2003.0070.
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Marshall, Patricia, David C. Thomasma, and Jurrit Bergsma. "Intercultural Reasoning: The Challenge for International Bioethics." Cambridge Quarterly of Healthcare Ethics 3, no. 3 (1994): 321–28. http://dx.doi.org/10.1017/s0963180100005132.
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The exportation of Western biomedicine throughout the world has not resulted in a systematic homogenization of scientific ideology but rather in the proliferation of many forms and practices of biomedicine. Similarly, in the last decade, bioethics has become increasingly an international enterprise. Although there may be consensus regarding the inherent value of ethical discourse as it relates to health and medical care, there are disagreements about the nature and parameters of medical morality. This lack of consensus exists because our beliefs about morality are culturally constituted, embedded in social, religious, and political ideologies that influence particular individuals and communities at specific historical moments.
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McCormack, Timothy L. H. "A non liquet on nuclear weapons — The ICJ avoids the application of general principles of international humanitarian law." International Review of the Red Cross 37, no. 316 (February 1997): 76–91. http://dx.doi.org/10.1017/s0020860400084321.
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The Advisory Opinion delivered by the International Court of Justice (ICJ) on the legality of the Threat or Use of Nuclear Weapons was a somewhat disappointing if not entirely unexpected decision. After the final paragraph, which constitutes the dispositif, all fourteen judges appended either personal declarations, separate opinions or dissenting opinions to indicate the extent to which they agreed or disagreed with specific findings and particular aspects of the reasoning behind the Opinion.
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Garver, Eugene. "Deliberative Rhetoric and Ethical Deliberation." Polis: The Journal for Ancient Greek Political Thought 30, no. 2 (2013): 189–209. http://dx.doi.org/10.1163/20512996-90000538.
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Central to Aristotle’s Ethics is the virtue of phronēsis, a good condition of the rational part of the soul that determines the means to ends set by the ethical virtues. Central to the Rhetoric is the art of presenting persuasive deliberative arguments about how to secure the ends set by the audience and its constitution. What is the relation between the art and the virtue of deliberation? Rhetorical facility can be a deceptive facsimile of virtuous reasoning, but there can be more fruitful connections as well. In particular, the experience of judging rhetorical arguments can aid in the development of phronēsis through exercising those aspects of phronēsis that are not so intimately tied to the ethical virtues. Judging the advice given by others leads to excellence in reasoning practically for oneself.
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Menashe, Doron. "The Requirement of Reasons for Findings of Fact." International Community Law Review 8, no. 2 (2006): 223–45. http://dx.doi.org/10.1163/187197306779155293.
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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.
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Kufuor, K. Oteng. "Private Sector Housing in Ghana: Some of the Legal Aspects of State Control since 1982." Journal of African Law 37, no. 1 (1993): 46–51. http://dx.doi.org/10.1017/s0021855300011104.
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This article examines the use of the law by the state to achieve its aim of social justice. It focuses on how, through a series of laws, the state has endeavoured to regulate private sector residential rents at the lower end of the market (up to a ceiling of 1,000.00 cedis) and the occupation of residential accommodation. An analysis is thus given of the nature of the laws in question as well as the institutions and organs of the state that were either set up, or had the scope of their powers broadened, in pursuance of the state's objectives.On 31 December, 1981 a military junta, the Provisional National Defence Council (PNDC) assumed power in Ghana. It had as one of the cornerstones of its political agenda the establishment of “true democracy” for all Ghanaians who, according to the new rulers, had been denied this right by previous civilian and military regimes. As a consequence, the PNDC enacted Law 42 which encapsulated in part the Directive Principles of State Policy (hereinafter the Directive Principles).
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Mijatovic, Bosko. "Economic and financial aspects of Serbia's regionalization." Zbornik Matice srpske za drustvene nauke, no. 112-113 (2002): 69–96. http://dx.doi.org/10.2298/zmsdn0213069m.
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The paper has two parts: in the first one, economic aspect of regionalization is considered, in the second a financial one. Regionalization, like every type of decentralization, represents a serious reform of a state and brings upon several expected as well as unexpected although significant effects on political, social, and economic life. Its goal is an improvement of political, social, and economic functions of a state, not their deterioration. Unfortunately, experience of other countries does not support overwhelming optimism. Most frequently, regionalization is done due to political considerations; economic considerations are of secondary importance or even neglected. Such a dominance of political reasoning neglects fundamental principles and arguments of the economic science, standards of rational approach to decentralization, and even economic efficiency and equality between citizens. Because of that, the emphasis in this paper is on economic and financial aspects of regionalization in Serbia. In the first part the author explores economic aspects of regionalization; four state functions (regulation, stabilization, redistribution, and allocation) in decentralized setting; relations between regionalization, deregulation, and privatization; vertical distribution of functions (exclusive functions by the state, exclusive functions by regions, shared functions). After that he explores advantages of the selected model of creating regions and distribution of authorities in Serbia, particularly economic authorities of regions (1. land planning, urban land use, housing; 2. development and maintenance of infrastructure of regional importance and coordination of public utilities in municipalities; 3. agriculture; 4. tourism; 5. forestry 6. hunting and fishing; 7. vocational training and employment; 8. ecology; 9. public works). Separate section is devoted to social protection (financial transfers and institutions). In the second part of the paper (Financing the Regions) the author first examines certain issues in principle (fiscal revenues, vertical and horizontal balance, debts and moral hazard) and then considers topics of financing regions in Serbia, such as revenues subsidies, and debts.
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Adrover, Lauren. "REFASHIONING CHIEFTAINCY IN GHANA: FESTIVAL DRESS, CORPORATE SPONSORSHIP AND NEW LOGICS OF VALUE." Africa 85, no. 4 (November 2015): 635–55. http://dx.doi.org/10.1017/s0001972015000522.
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ABSTRACTAnnual festivals in Ghana celebrate the agricultural harvest and commemorate the political authority of local chiefs. Today, multinational corporations such as Guinness, MTN and Vodafone sponsor almost all aspects of festival production. Sponsor participation has transformed festivals into sites saturated with images of commodities and corporate brands. While some chiefs support corporate participation, others deplore sponsors, who they perceive as threatening chiefs' control over the festival arena. A critical medium through which chiefs police and participate in discourses about cultural and political legitimacy is dress: chiefs clothe members of their entourages alternatively in T-shirts with corporate logos and T-shirts with images of chiefs. During festivals, chiefs orchestrate embodied practices to assert new claims to their political authority based on the nobility of their lineage or their participation in global economic networks. Through an exploration of contemporary dress practices, I argue that what is at stake in corporate-sponsored festivals is the emergence of new logics of value that challenge people to reassess the social and economic relations that underlie the production of political power in Ghana.
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Yale, Kodwo-Nyameazea. "Religion and Voting Behavior of Older Adults With Disabilities in Ghana." Innovation in Aging 4, Supplement_1 (December 1, 2020): 398. http://dx.doi.org/10.1093/geroni/igaa057.1280.
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Abstract Voting is a necessary and inherent right of citizens in democracies to select public office holders who decide how public goods and resources are distributed and maintained. It is therefore critical that all citizens who are eligible are able to participate in one of the key aspects of political participation – voting. This study focused on the factors that influence the ability of older adult Ghanaians with disabilities to vote in local and national elections. The study sample of 923 respondents was drawn from the second wave of WHO SAGE study on Global Aging and Adult Health. The results of the logistic regression analyses showed that religion influenced the voting behaviors of all the three people with disabilities groups included in the study. But certain groups are also influenced by interaction with community leaders and personal political interests and characteristics, including gender. Given these findings, it is suggested that an impact community be established around the meaning and ethics associated with the religious activities people with disabilities participate in, and engage them through civic engagement, and personal and community development activities that empower them to live meaningful lives.
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Thirlway, Hugh. "Case Analysis: Counterclaims Before the International Court of Justice: The Genocide Convention and Oil Platforms Decisions." Leiden Journal of International Law 12, no. 1 (March 1999): 197–229. http://dx.doi.org/10.1017/s0922156599000072.
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The provisions of the ICJ Rules of Court concerning counter-claims have fallen to be applied in two recent cases, in circumstances such the Court has had to examine the nature of a counter-claim and the conditions for its admission as such, and in particular the nature of the ‘direct connection’ with the subject-matter of the application, required by the Rules. In each case the counter-claim was admitted, over the dissent of some judges: these decisions are probably justified, even though some aspects of the reasoning may be criticised.
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BUZZINI, GIONATA PIERO. "Lights and Shadows of Immunities and Inviolability of State Officials in International Law: Some Comments on the Djibouti v. France Case." Leiden Journal of International Law 22, no. 3 (September 2009): 455–83. http://dx.doi.org/10.1017/s0922156509990045.
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AbstractThis article examines the reasoning and findings of the International Court of Justice in its judgment in Djibouti v. France on issues pertaining to the immunities and inviolability of state officials. While recognizing the Court's contribution to the clarification of certain aspects of the legal regime of the immunities and inviolability of state officials, the article emphasizes a number of points on which a clear response cannot be found in the judgment. Moreover, some concerns or doubts are raised about the way in which the Court dealt with certain issues regarding, in particular, the classification of immunities, their scope, their implementation, and the acts precluded by their operation. The Court's judgment clearly shows the complexities surrounding the legal treatment of numerous aspects of a topic which continues to be of the highest importance and sensitivity in international law and international relations.
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Atiemo, Abamfo. "International Human Rights, Religious Pluralism and the Future of Chieftaincy in Ghana." Exchange 35, no. 4 (2006): 360–82. http://dx.doi.org/10.1163/157254306780016140.
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AbstractA revolutionary development that resulted from Africa's experience of colonialism was the emergence of the nation-state made up of previously separate ethnic states. By the end of the colonial period the rulers of these ethnic states — the chiefs — had lost most of their real political and judicial powers to the political leaders of the new nation-states. But in spite of the loss of effective political power the chiefs continued to wield moral influence over members of their ethnic groups. The limited reach of the nation-state in the post-colonial era has also meant a dependence on the chiefs, in many cases, for aspects of local governance. This, for example, is the case of Ghana. However, in the modern context of religious pluralism the intimate bond between the chiefs and the traditional religion exacerbates tension in situations of conflict between people's loyalty to the traditional state and their religious commitment. In some cases, chiefs invoke customary laws in attempt to enforce sanctions against individuals who refuse to observe certain customary practices for religious reasons. But this has implications for the human rights of citizens. This article discusses the implications of this situation for the future of chieftaincy as well as prospects for the protection of the human rights of citizens who for religious reasons choose to stay away from certain communal customary practices.
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Jung, Jiyoon, Ai-Chu Elisha Ding, Ya-Huei Lu, Anne Ottenbreit-Leftwich, and Krista Glazewski. "Is Digital Inequality a Part of Preservice Teachers’ Reasoning About Technology Integration Decisions?" American Behavioral Scientist 64, no. 7 (May 22, 2020): 994–1011. http://dx.doi.org/10.1177/0002764220919141.
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Teachers’ ability to design meaningful uses of technology for all learners in any classrooms has a potential to narrow digital gaps among K-12 students. However, we know little about whether teachers are prepared to consider these issues when making technology integration decisions. This study explored preservice teachers’ knowledge use and their considerations about teaching practices related to digital inequality while reasoning about technology integration decisions. We analyzed interviews with and documents of a group of preservice teachers ( N = 14) who completed a technology integration task in a technology integration course. Findings showed that although they used multiple domains of teacher knowledge throughout their reasoning processes, they paid limited attention to sociocultural aspects of teaching that demonstrated the ability to care about digital inequality issues. Implications are discussed in terms of ways to better prepare preservice teachers to deal with digital inequalities.
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Agyemang, Otuo Serebour, and Monia Castellini. "Corporate governance in an emergent economy: a case of Ghana." Corporate Governance 15, no. 1 (February 2, 2015): 52–84. http://dx.doi.org/10.1108/cg-04-2013-0051.
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Purpose – The purpose of this study is to examine corporate governance practices in an emerging economy. It focusses on how ownership control and board control systems operate in corporate organisations in an emergent economy, assuming that these systems are essential for enhancing good corporate governance practices in emerging countries. Design/methodology/approach – The paper builds on descriptive multiple-case study with multiple units of analysis to divulge how ownership control and board control systems function to ensuring effective corporate governance in publicly listed corporate organisations in Ghana. A criterion-based sampling technique is used to select the companies. Thereafter, three techniques of data collection are used to gather data from the companies: archival records, semi-structured interviews and observation. Findings – By linking the gathered data to the paper’s theoretical propositions, the study highlights that all the companies are characterised by the presence of large shareholders, and, in consequence, they tend to exert extensive control over the activities of the companies through their involvement in the decision-making processes. However, whilst the presence of large shareholders has the tendency to solve the agency problem, it poses challenges in regards to minority shareholders’ interests in these corporate organisations. The study also reveals that boards of directors tend to exercise control over corporate organisations when majority shareholders stop interfering in their dealings. This implies that when major shareholders fully partake in corporate decision-making processes of companies, boards of directors seem to be sheer advisory bodies to management. Research limitations/implications – This is a paper to shed light on corporate governance practices in four large publicly listed corporate organisations on the Ghana Stock Exchange, so the observable facts do not apply to other emergent economies. In addition, the sample does not represent all corporate organisations in Ghana; thus, the empirical observations cannot be generalised to other organisations that have not been included in this study. However, the empirical results can be applied to other similar corporations in Ghana and other emergent economies in an analytical sense. With the application of inductive reasoning, the results can be applied to provide important appreciation in an effort to understand the structure of corporate governance practices in organisations in developing countries. Practical implications – A comparative analysis of the empirical observations from this study and the recommended guidelines of corporate governance of Ghana has been carried out, and aspects in which organisations need to reform and improve to fully comply with the guidelines are highlighted: director independence, director evaluation, introduction of new directors and board education. This could possibly be the foundation upon which corporate governance structures in these organisations can be restructured and further enhanced. Originality/value – The majority of the studies of corporate governance in emergent economies have used quantitative techniques to examine the relationship between corporate governance mechanisms and firm performance. However, this study takes a different approach to examine corporate governance practice in an emergent economy by using a comprehensive and defensible qualitative analysis to examine relations between ownership structure and shareholder control, and board of directors and board control. In addition, it highlights how ownership and board control systems interact in corporate organisations in emergent economies.
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Choudhry, Sujit, and Robert Howse. "Constitutional Theory and The Quebec Secession Reference." Canadian Journal of Law & Jurisprudence 13, no. 2 (July 2000): 143–69. http://dx.doi.org/10.1017/s0841820900000370.
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The judgment of the Supreme Court of Canada in the Quebec Secession Reference has produced a torrent of public commentary. Given the fundamental issues about the relationship between law and politics raised by the judgment, what is remarkable is that that commentary has remained almost entirely in a pragmatic perspective, which asks how positive politics entered into the motivations and justifications of the Court, and looks at the results in terms of their political consequences, without deep or sustained reflection on the ultimate grounds for the role the Court took upon itself, or on the normative sources of its reasoning. In this article, we explore the Quebec Secession Reference through the lens of constitutional theory. In particular, we highlight three unconventional aspects of the Court’s reasoning: (a) the supplementation of the written constitution through an explicit process of amendment-like interpretation to craft a new legal framework governing the secession of a province from Canada, (b) the vesting by the Court of substantial, if not exclusive responsibility for interpreting the constitutional rules on secession in particular situations or contexts with political organs, not the courts, and (c) the ascent by the court to abstract normativity, in articulating a normative vision of the Canadian constitutional order, whence it derived the legal framework governing secession. In addition to drawing attention to these unusual aspects of the judgment, we articulate the theoretical justifications that both explain and justify those features of the judgment, and identify issues for future discussion.
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Anindyo Widhoyoko, Samuel, Sasmoko ., Aqeel Khan, and Anis Chariri. "Public Engagement for Objective and Holistic Officials’ Evaluation: an Integrated Political-Social-Legal View." International Journal of Engineering & Technology 7, no. 3.30 (August 24, 2018): 230. http://dx.doi.org/10.14419/ijet.v7i3.30.18247.
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This research proposes new model of officials’ evaluation grounded on a belief regarding to the urgency of a framework which embraces socio-political aspects holistically. This is derived from national vision in sustainability development demanding a more transparent, reliable, and competent leadership. Regarding to this, distortions often occur due to governance malpractices in the form of corruption which impact officials’ performance as well as environment conduciveness. This phenomenon is taken as a fundamental paradigm of this research which results in a reasoning stating that officials’ objective evaluation. This research realizes that cannot be done by considering officials as a single-role entity. It must consider several roles which impacts and influences several different parties (political, social, and governmental). This research comprehends such gap through comprehensive literature review and transforms all theories in the purpose of building a systematic assessment methodology which captures various aspects from different perspective. In its discussion, this model is proven academically to be able to evaluate officials’ performance objectively through three broad parameters: (1) policies formulation, (2) social engagement, and (3) regulatory submission. In addition, those three categorical assessment would be integrated in a weighted-average system, enabling them to produce a numerical score. In this stage, this framework is applied through information technology is used to capture data from different respondents.
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Merino-Sancho, Victor. "Cartography of Critical Legal Theories: Notes for a Reflection on the Relation between Law and Power." Age of Human Rights Journal, no. 16 (June 14, 2021): 242–62. http://dx.doi.org/10.17561/tahrj.v16.6040.
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This paper proposes an identification of the main arguments suggested by certain critical theories concerning the relationship between law and power. In order to (re)think the function of law as an instrument not only of power, but as an element of social transformation, we promote here a reflection on aspects raised by these theories; among others, the same notion of power, oppression, intersectionality or decoloniality. These categories are relevant to examine how law regulates the experiences of discrimination of specific social groups, highlighting the intimate relationship between the social contexts, the premises and the legal answers. To do so, we examine in particular how asylum law responds to claims grounded on sexual orientation and gender identity. Finally, this reasoning suggests a conception of law oriented to action and the social change.
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Pankevich, N. "Political and Legal Aspects of Russia’s and US Natural Resources Strategies in Arctic Region." World Economy and International Relations, no. 7 (2015): 97–110. http://dx.doi.org/10.20542/0131-2227-2015-7-97-110.
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The article deals with the situation of competition for resources (primarily oil and gas) between states, in the Arctic Region. The reasoning is generally based on the assumption that today’s competitive process is mainly shaped and determined by the specificity of the international political system. At present, the founding principle of international environment is the assumption of the state territorial sovereignty that reduces the possibilities of action towards resources, mainly to remote supplies via international trade and territorialisation, i.e. embracing the parcel of interest by the state border and its inclusion into the space guarded by state sovereign authority. In turn, this leads to a crucial increase of the expansion on the sea importance, since the land territory is already delimited among the sovereign polities. For Russian Federation this means that the Arctic Region will acquire the greatest importance in the state territorial strategy. The author further analyses the strategies of Russia’s competitors from Arctic Region and beyond, and finds out that the U.S. strategy is of the principle importance, even though the Arctic does not present a first rank priority for this state. Nevertheless, the politics of the USA is an example of a novel approach to the outer territories that goes beyond the traditional view on international system. This approach is unilateral and is based on a novel reading of the sovereignty concept. The indicating point is not signing the UN Convention on the Law of the Sea that enables the USA to act with lesser need for coordination with other participants of the international system. The instrumental support for this policy is the increasing usage of extraterritorial application of national laws and particular norms. The article provides case analyses of such policies towards resources, companies, international organizations and can be used in the Arctic that presents an ideal place for extraterritorially shaped policy to implement. The article also posits that in Russia the lack of interest toward extraterritoriality of laws is evident, while this could become an effective instrument of the state interest promoting. Acknoledgement. The publication is prepared within the fundamental research project of Ural Branch of Russian Academy of Sciences No. 15-15-6-29 “Perspectives of Arctic Policies: Interests and Strategies of the World Leading States”.
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Jørgensen, Nina H. B. "The Genocide Acquittal in the Sikirica Case Before the International Criminal Tribunal for the Former Yugoslavia and the Coming of Age of the Guilty Plea." Leiden Journal of International Law 15, no. 2 (June 2002): 389–407. http://dx.doi.org/10.1017/s0922156502000195.
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This article focuses on two key aspects of the Keraterm case before the ICTY. The first is Duško Sikirica's acquittal of the crime of genocide. The Trial Chamber's construction of the phrase “destruction in part of a group” is critically examined and compared to the reasoning of a differently constituted Trial Chamber in the Krstić case. The second key aspect of the Keraterm case is the decision by all three defendants to enter into plea agreements with the Prosecutor at a relatively late stage in the trial. This article discusses the rules governing plea agreements, general sentencing factors and the extent to which guilty pleas have resulted in a pattern of lighter sentences in the jurisprudence of the Tribunals.
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S. N. Naah, John-Baptist. "Evaluating impacts of distributed solar home systems in rural communities: Lessons learnt from Ghana Energy Development and Access Project in the Upper West Region of Ghana." Journal of Energy and Natural Resource Management 2, no. 1 (February 21, 2018): 24–29. http://dx.doi.org/10.26796/jenrm.v2i1.41.
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This article made a modest impact assessment of isolated solar home systems (SHSs) installed via recently ended five-yearflagship Ghana Energy Development and Access Project (GEDAP) on the livelihoods of rural households in the Upper WestRegion. A total of 250 solar users in both private households and rural clinics in 65 rural communities across 6 districts wereinterviewed. Lessons learned in the aspects of energy services provision, financial model, local energy preference and practicalsetbacks facing installed SHSs through GEDAP are discussed. For instance, in terms of energy preference, majority of rural solarusers (50%) preferred grid-tied electricity, although they were not connected to the grid yet as compared to 35% who preferredboth grid-tied and off-grid forms of electrification while 15% preferred off-grid solar technology. This then suggests that althoughoff-grid SHSs are a viable alternative energy generation option, they may not necessarily be a panacea for the energy povertysituation in rural Ghana due to setbacks. For off-grid solar electrification to achieve parity with conventional energy sources, acombination of increased system capacity, investment and political will is needed to make SHSs more competitive and deliversustained quality energy services for deprived rural communities where such place-based energy services are needed most forsustainable rural development.
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Platt, Robert. "Reflexivity, Recursion and Social Life: Elements for a Postmodern Sociology." Sociological Review 37, no. 4 (November 1989): 636–67. http://dx.doi.org/10.1111/j.1467-954x.1989.tb00048.x.
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The paper examines, and seeks to develop, the sociological concept of reflexivity. It identifies two senses of reflexivity, one associated with ethnomethodological accounts of members' practical reasoning, the other with a more philosophical sense of conscious self-referencing, and analyses their relationship. The paper argues that the development of this form of analysis leads to a form of propositional undecidability which makes it typically ‘postmodern’. The development is linked to ideas of recursion, as these are expounded in computer science and mathematics, and to Derrida's interpretation of ‘textual fold’ – this also being used to ground the association of reflexivity with postmodernism. The analysis ‘returns to the social’ by considering aspects of Niklas Luhmann's explication of social reflexivity. It concludes by examining the understanding that a postmodern sociology might have of a postmodern society in which the grounds for social order have become undecidable.
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McDermott, Yvonne. "Strengthening the Evaluation of Evidence in International Criminal Trials." International Criminal Law Review 17, no. 4 (June 29, 2017): 682–702. http://dx.doi.org/10.1163/15718123-01704005.
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Recent studies have highlighted instances where findings of fact reached by international criminal tribunals appear not to be adequately supported by the evidence. These works have typically focused on evidential issues, such as witnesses’ fading memories, cultural differences, and more sinister aspects (such as financial incentives) as the root causes for such discrepancies. However, this article argues that these accounts are incomplete, as they do not recognise difficulties arising from the judicial evaluation of, and reasoning on, the evidential record, which poses potentially insurmountable challenges to reliable fact-finding by international criminal tribunals. This article highlights recent differences of opinion between judges on how evidence should be weighed and evaluated. It points to some issues arising from the enormity of the fact-finding role in international criminal trials and the procedural framework embraced by the international criminal tribunals. It discusses tools to assist fact-finding, and their potential applicability to international criminal trials.
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Matwijkiw, Anja. "The Dangers of the Obvious but Often Disregarded Details in the International Criminal Law Demarcation Debate: Norm-Integration and the Triple-Thesis ‘Argument’." International Criminal Law Review 20, no. 5 (September 3, 2019): 759–83. http://dx.doi.org/10.1163/15718123-02001001.
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When responses to international crimes are managed in terms of post-conflict justice, this event may end ‘the demarcation debate’ before it has begun, thereby rendering it superfluous among legal scholars. This is to say that the transition from theory to reality arguably has the effect of cancelling any sharp distinction between international criminal law, international human rights law and international humanitarian law, as well as extending international criminal justice into the moral territory. Certainly, this is a premise for the dual-aspect defense of those rights that help to explain the non-separation. However, to the extent that the defense discords with traditional assumptions, relevant aspects of pro-separation reasoning must be considered. These are accommodated under the triple-thesis whereby the unequal status of different (rights-)categories limit norm-integration. The author’s account of the competing programs shows a series of flaws in the case of the triple-thesis doctrine, amounting to a vicious circle ‘argument’.
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Notaro, Nicola. "The EC and WTO Trade and Environment Case Law: Procedural Aspects, Legal Principles and Institutional Matters." Cambridge Yearbook of European Legal Studies 3 (2000): 327–50. http://dx.doi.org/10.5235/152888712802859204.
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Hundreds of studies have been conducted by lawyers, economists and political scientists on international trade and environment, yet very few attempts have been made to compare judicial decisions adopted in this area by the European Court of Justice, its Court of First Instance, and GATT/WTO rulings on trade and environment. Most of the existing publications are either limited in scope, because they only focus on a comparison of two cases at any one time, or are outdated, especially in the light of innovative European and Appellate Body jurisprudence of the last few years. Here, a comparison of the main trade and environment themes traversing the two bodies of case-law, including procedural issues, will be undertaken. This will cast light on the means by which the current tension between trade and environment might be resolved. Account will be taken of the different “constitutional” positions of judicial bodies in the two legal orders, the role played by the presence (or absence) of the legislator, and its influence on reasoning in judicial decisions.
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Notaro, Nicola. "The EC and WTO Trade and Environment Case Law: Procedural Aspects, Legal Principles and Institutional Matters." Cambridge Yearbook of European Legal Studies 3 (2000): 327–50. http://dx.doi.org/10.1017/s1528887000003839.
Full textAbstract:
Hundreds of studies have been conducted by lawyers, economists and political scientists on international trade and environment, yet very few attempts have been made to compare judicial decisions adopted in this area by the European Court of Justice, its Court of First Instance, and GATT/WTO rulings on trade and environment. Most of the existing publications are either limited in scope, because they only focus on a comparison of two cases at any one time, or are outdated, especially in the light of innovative European and Appellate Body jurisprudence of the last few years. Here, a comparison of the main trade and environment themes traversing the two bodies of case-law, including procedural issues, will be undertaken. This will cast light on the means by which the current tension between trade and environment might be resolved. Account will be taken of the different “constitutional” positions of judicial bodies in the two legal orders, the role played by the presence (or absence) of the legislator, and its influence on reasoning in judicial decisions.
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Hermansson, Kristina. "REVOLUTION OR DIVERSITY? AESTHETIC AND POLITICAL MANIFESTATIONS OF CLASS IN THREE SWEDISH RADICAL PICTUREBOOKS FROM THE 2000S AND 2010S." Nordic Journal of Aesthetics 29, no. 60 (November 22, 2020): 92–115. http://dx.doi.org/10.7146/nja.v29i60.122843.
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This article explores manifestations of class from a combined aesthetical and political point of view, focusing on a selection of Swedish children’s picture books from 2009 to 2018, in which class differences are made prominent. In this sense, they can be regarded as radical. This study examines how political aspects are intertwined with literary, visual, and multimodal means. The main purpose is to examine how the political and aesthetical merge in the manifestations of class. The publishing of radical picture books during the 2000s and 2010s coincided with a rise of norm-criti-cal discourse, including a strong emphasis on diversity rather than on social transformation. The books, I argue, do not depict radical change on a collective level, but uses various aesthetic means in their manifestations of class and inequality. Theoretically, the anal-ysis mainly draws on Pierre Bourdieu’s theory of capital (1984), and Beverley Skeggs’s (1997) reasoning on class by adding the con-cept of respectability, as well as picturebook theory, and scholarly writing on radical picturebooks.
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Beckwith, Francis J., and John F. Peppin. "Physician Value Neutrality: A Critique." Journal of Law, Medicine & Ethics 28, no. 1 (2000): 67–77. http://dx.doi.org/10.1111/j.1748-720x.2000.tb00318.x.
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Although the notion of physician value neutrality (PVN) in medicine may be traced back to the writings of Sir William Osler, it is relatively new to medicine and medical ethics. We argue in this paper that how physician value neutrality (PVN) has been cashed out is often obscure and its defense not persuasive. In addition, we argue that the social/political implementation of neutrality, Political Liberalism (PL), fails, and thus, PVN's case is weakened, for PVN's justification relies largely on the reasoning undergirding PL. For these reasons, we conclude that PVN has no philosophical or ethical warrant and thus should be abandoned. We suggest that the physician present to her patients some type of statement or creed that would give them an idea of where she stands on important axiological issues and how these stands are cashed out clinically.
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Shibib, Khalid. "Reforming Arab Reason." Contemporary Arab Affairs 11, no. 1-2 (March 1, 2018): 19–42. http://dx.doi.org/10.1525/caa.2018.00001b.
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As a humanitarian worker who was professionally involved for decades in crisis- and war-shaken countries, the author strove to understand the political, socioeconomic, and cultural factors contributing to conflicts. This contextualization, with a focus on Arab countries, confirmed what other thinkers found: the majority of political, economic, social, cultural, religious, and finally humanitarian crises in the Arab world are man-made and can be attributed to both extrinsic and intrinsic factors. Central to the latter appears to be a shared cultural construct that can be termed “Arab reason.” This essay tries to present information on various aspects of the crisis; to understand why reform efforts come so late and why are they are more difficult for Arabs than for other Muslims. It continues by looking at the knowledge systems that govern Arab reason and their evolution, including the decisive role of the religious knowledge system. From there, it proposes some reform ideas including a renewed legal reasoning process with the goal of a future-oriented, knowledge-based, and inclusive Arab Islamic vision. A pragmatic way forward could be an additional unifying eighth legal school (madhhab/madhāhib) to counter sectarian conflicts and violence. This essay is built on a targeted literature search and is not a comprehensive review of the growing literature generated by distinguished thinkers on various aspects of Arab Islamic identity.
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Aini, Qurrotu. "STUDY OF PENAL AND NON-PENAL APPROACH ON PREVENTION OF CORRUPTION IN INDONESIA." IJCLS (Indonesian Journal of Criminal Law Studies) 3, no. 2 (November 30, 2018): 111–20. http://dx.doi.org/10.15294/ijcls.v3i2.17170.
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Criminal policy can be interpreted in the narrow sense that criminal politics is described as a whole principle and method, which is the basis of the reaction to violations of laws in the form of criminal. And in a broad sense this is the overall function of law enforcement officials, including the workings of the court and the police. While in the broadest sense it constitutes the whole policy, which is carried out through legislation and official bodies that aim to uphold the central norms of society. Factors Underlying the Occurrence of Corruption Crime: a) Lack of salary for Civil Servants compared to needs that are increasingly increasing. b) Background of Indonesian culture or culture which is the source or cause of widespread corruption. c) Poor management and less effective and efficient controls that will provide opportunities for people to corruption. d) Modernization breeds corruption. Briefly the causes of corruption include 5 (five) aspects, namely: a) Individual Aspects of Actors, b) Aspects of Organizations / institutions, c) Aspects of society, d) Aspects of law enforcement and legislation, and e) Political Aspects. Efforts to prevent corruption through legal policies with means of reasoning and non-reasoning. Penal facilities include, a) Criminal Law Book (wetboek van Strafrecht) January 1, 1918; b) WvS in the 1915 Staatblaad Number 752 dated 15 October 1915; c) Law number 74 of 1957 in conjunction with Law Number 79 of 1957, d) Provisional Constitution of 1950, e) Government Regulation in lieu of law Number 24 of 1960 concerning Investigation, Prosecution and Corruption Criminal Investigation, f) Law number 1 of 1960, g) Law Number 24 Prp of 1960 concerning Investigation, Prosecution and Corruption Criminal Investigation, h) Law Number 3 of 1971 concerning Eradication of Corruption Crime; i) MPR XI / MPR / 1998 Tap concerning the implementation of a clean and free country of corruption, collusion and nepotism; j) Law number 28 of 1999 concerning State settlements which are clean and free of KKN which includes provisions on criminalization of collusion and nepotism offenses, k) Law number 31 of 1999 concerning the eradication of criminal acts of corruption, l) Law number 20 of 2001 concerning amendments to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes that took effect from 21 November 2001, m) Law Number 30 of 2002 concerning the Corruption Eradication Commission. Efforts to deal with non-criminal crimes can be in the form of: a) Non-criminal prevention (Prevention without punishment), b) Influencing the public's view of crime and punishment through mass media (influencing views of society on crime and punishment mass media).Keywords: corruption, reason, nonpenal
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Islam, Gazi, and Macabe Keliher. "Leading through ritual: Ceremony and emperorship in early modern China." Leadership 14, no. 4 (January 9, 2017): 435–59. http://dx.doi.org/10.1177/1742715016685917.
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Ritual performance is well understood in organizational maintenance. Its role in leadership and processes of change, however, remains understudied. We argue that ritual addresses key challenges in institutionalizing leadership, particularly in fixing the relation between a charismatic leader and formal governance structures. Through a historical case study of the institutionalization of the emperor in Qing China (1636–1912), we argue that the shaping of collective understandings of the new emperor involved structural aspects of ritual that worked through analogical reasoning to internalize the figure of the leader through focusing attention, fixing memory, and emotionally investing members in the leader. We argue that data from the Qing dynasty Board of Rites show that ritual was explicitly designed to model the new institutional order, which Qing state-makers used to establish collective adherence to the emperorship. We further discuss the implications of this case for understanding the symbolic and performative nature of leadership as an institutional process.
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Wagner, Peter. "From interpretation to civilization — and back: Analyzing the trajectories of non-European modernities." European Journal of Social Theory 14, no. 1 (February 2011): 89–106. http://dx.doi.org/10.1177/1368431010394511.
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This article identifies civilizational analysis as one response to a recent crisis in the sociology of large-scale social configurations and explores how far the concept of civilization can go in analyzing the contemporary global social constellation. The reasoning proceeds in four steps. First, a brief review of the recent conceptual debate in social theory and historical sociology leads to the conclusion that concepts such as ‘civilization’ and ‘modernity’ still work with too strong presuppositions about continuity and commonality of patterns of world interpretation. Second, a proposal is made to distinguish several basic problématiques that all human collectivities need to address and to suggest that such a distinction lends itself to research-oriented disentangling of various aspects of social phenomena. In an explorative manner, third, this approach will be applied to South Africa and Brazil, two social configurations that can fruitfully be studied as collectivities but lend themselves much less to civilizational analysis. By way of conclusion, finally, the trajectories of these non-European modernities will briefly be compared to the European one to illustrate the potential of this approach for a global sociology of plural trajectories of modernity.
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NIKONENKO, S. A., and V. F. PENKOV. "VECTORS OF THE DEVELOPMENT OF CIVIL SOCIETY AND PARTY-POLITICAL SYSTEM OF RUSSIA AS A RESULT OF THE CONSTITUTIONAL REFORM." Central Russian Journal of Social Sciences 16, no. 1 (2021): 156–74. http://dx.doi.org/10.22394/2071-2367-2021-16-1-156-174.
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The purpose of the article is to consider the ongoing systemic transformations after the adoption of amendments to the Constitution of the country at the all-Russian Vote on July 1, 2020. In the course of reasoning, the processes under study were analyzed not from the legal side, but from the position of a political forecast of the vectors of development of civil society and the party-political configuration. The object is the process of changes in the party-political system of Russia and the development of civil society. The subject is the impact of the 2020 constitutional reform on civil society and the institutional development of partogenesis. Amendments to the Constitution adopted at the all-Russian Vote were a response to new challenges and prevention of potential social splits. The authors, using the method of electronic polling of twenty regional experts and the hardware of the program "Google-Form", received answers to questions covering important aspects of the development of society, the party system and state power. It can be argued that the 2020 constitutional reform laid the foundations for preventing divisions in civil society.
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Buzard, Kristy, and Tania Voon. "How Trade-Restrictive Is Standardized Packaging? Economic and Legal Implications of the WTO Panel Reports in Australia–Tobacco Plain Packaging." World Trade Review 19, no. 2 (April 2020): 267–81. http://dx.doi.org/10.1017/s1474745620000051.
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AbstractThe lengthy and long-awaited WTO Panel Reports in Australia–Tobacco Plain Packaging contain a host of material for reflection, particularly in relation to the Agreement on Technical Barriers to Trade (TBT) and the Agreement on Trade-Related Aspects of Intellectual Property Rights. While two of the Panel Reports proceed to appeal, we consider with respect to the two adopted Panel Reports the Panel's reasoning in relation to Article 2.2 of the TBT, focusing on the meaning of trade-restrictiveness. This concept central to WTO law has been under-examined to date, and these Panel Reports demonstrate some of the complexities in identifying trade-restrictive measures, particularly where they are non-discriminatory. The Panel found that Australia's measures restrict trade because they contribute to their objective of reducing tobacco consumption. Therefore, any equally effective alternative will similarly restrict trade. This curious result under TBT Article 2.2 may be particular to non-discriminatory measures that target ‘socially bad’ products such as tobacco.
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Lin, Jimmy. "On Building Better Mousetraps and Understanding the Human Condition." ANNALS of the American Academy of Political and Social Science 659, no. 1 (April 9, 2015): 33–47. http://dx.doi.org/10.1177/0002716215569174.
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Over the past few years, we have seen the emergence of “big data”: disruptive technologies that have transformed commerce, science, and many aspects of society. Despite the tremendous enthusiasm for big data, there is no shortage of detractors. This article argues that many criticisms stem from a fundamental confusion over goals: whether the desired outcome of big data use is “better science” or “better engineering.” Critics point to the rejection of traditional data collection and analysis methods, confusion between correlation and causation, and an indifference to models with explanatory power. From the perspective of advancing social science, these are valid reservations. I contend, however, that if the end goal of big data use is to engineer computational artifacts that are more effective according to well-defined metrics, then whatever improves those metrics should be exploited without prejudice. Sound scientific reasoning, while helpful, is not necessary to improve engineering. Understanding the distinction between science and engineering resolves many of the apparent controversies surrounding big data and helps to clarify the criteria by which contributions should be assessed.
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Mayeda, Graham. "Uncommonly Common: The Nature of Common Law Judgment." Canadian Journal of Law & Jurisprudence 19, no. 1 (January 2006): 107–31. http://dx.doi.org/10.1017/s0841820900005610.
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What is the difference between “judge-made law” and the laws created by an elected assembly? The purpose of this paper is to investigate this question by addressing the differences and similarities between common law judgment and political judgment. I contend that there is something distinctive about common law judgment. This distinctive nature is the result of the different ground of validity of legal and political decisions. Legal judgment has a distinct ground of validity. This validity derives from two aspects of common law judgment: the impartiality of the decision-maker and the critical function built into common law reasoning itself. I articulate this view by drawing on Hannah Arendt’s lectures on Immanuel Kant’s Critique of Judgment, as well as on the work of theorists such as H.L.A. Hart, Ronald Dworkin and Joseph Raz. I also discuss Canadian and U.K. cases in which judges address their role and explain their views on precedent, the need for judgments to respond to the arguments of the parties, and the importance of law adapting to the constantly changing circumstances of the modern world.
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Pesqueux, Yvon. "The expansion of corporate governance." Corporate Ownership and Control 6, no. 3 (2009): 203–10. http://dx.doi.org/10.22495/cocv6i3c1p4.
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he beginning of this reasoning puts forward the problem of the nature of the company and of its institutional justification, particularly according to the balance “contribution – remuneration” addressed to its stakeholders and to the society, as well as the vocation of corporate governance to focus everything on economic value creation. The political sphere having lost its traditional function of sense making is then confronted with a dilemma: - to answer, according to its doctrinal logic, social problems by developing public services, - to limit this development to face the contesting of public utilities according to the argument of efficiency and, at the same time, favoring the development of companies according to the legitimacy of privatizations. These two aspects represent the dialectical argument of the place of the State in a liberal perspective with an oscillation between a „positive‟ State according to the legitimacy attributed to its intervention and a „negative‟ State, which has to intervene the least possible, while guaranteeing the conditions of development for companies. On front of the lack of a political answer, private initiative tends to develop, in a palliative way, with NGOs for example, NGOs which are ruled according to corporate governance, but adding this new kind of organizations with an institutional vocation to fulfill missions of public utility. Their modes of governance are inherited from corporate governance but according to a humanist and social objective. The research question of this text is to know how far the expansion of governance we experience today is related (or not) with corporate governance and what does it mean. The lines of reasoning of this text are as follows: - comments about the development of „intermediate‟ organization, - the discussion of a „broad‟ conception of governance, - comments on the White Paper on European Governance issued by the European Commission
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Cherry, Miriam A. "Are Uber and Transportation Network Companies the Future of Transportation (Law) and Employment (Law)?" Texas A&M Law Review 4, no. 2 (March 2017): 173–95. http://dx.doi.org/10.37419/lr.v4.i2.1.
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This Article largely eschews easy or reflexive judgments about Uber or other TNCs. In this piece, the Author asks two questions about the economic, social, technical, and political aspects of TNCs and their interactions with the law. First, are Uber and TNCs the future of transportation (and transportation law)? And second, are Uber and TNCs the future of employment (and employment law)? In a common-law system, reasoning from precedent is always a form of prediction. As Oliver Wendell Holmes stated, “[t]he prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law.” But answering these questions is more than a legal issue. Such predictions depend on analyzing not just legal precedents but also social and economic trends. Predicting the future, especially of technology, is always a risky and fraught task. Yet drawing on trends we can see developing now, portions of the “uber” business model are here to stay, while other parts are unlikely to remain.
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Puggioni, Antonio. "Justice and Democracy in Amartya Sen." Politikon: The IAPSS Journal of Political Science 20 (June 29, 2013): 2–9. http://dx.doi.org/10.22151/politikon.20.1.
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The present paper aims at delivering a critical view of the links between justice and democracy as set by Amartya Sen’s paramount work on these themes, “The Idea of Justice”, by considering the constitutional and political experience of India. A central role will thus be given to the importance of public discussion and reasoning as the basis of democratic thought throughout the world, as Sen postulates. Nevertheless, an analysis of the Indian constitutional process shows how the mere reliance on reason and justice is not sufficient for a successful democratic tradition: the role of liberal values and of the underlying institutional developments is indeed capital for a wider understanding of the democratization process of India. The intertwining of these two aspects, the former socio-philosophical, the latter institutional, will help in reviewing the Indian experience as a demonstration of the maintenance of traditions within a clear framework, and in further expanding the notion to other contexts.
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Ainsworth, Scott. "Lobbying Together: Interest Group Coalitions in Legislative Politics. By Kevin W. Hula. Washington, DC: Georgetown University Press, 2000. 208p. $55.00 cloth, $23.95 paper." American Political Science Review 95, no. 2 (June 2001): 475. http://dx.doi.org/10.1017/s0003055401362020.
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Many political scientists like institutions, in particular exog- enous institutions, which guide and constrain actions and allow scholars to concentrate more narrowly on behaviors within well-defined settings. For the interest groups subfield, institutions tend to be more mercurial than those in other areas of American politics. For instance, fundamental aspects of Congress may be institutionalized, but groups and lobby- ists come and go. The environment of interests is ever changing. Characterizing the interactions between legislators and lobbyists is made more difficult because of the lack of clear institutional structures that guide or constrain behav- iors. The iron triangle concept was powerful and meaningful because it provided at the least a loose framework for the analysis of legislator-lobbyist interactions. Kevin Hula's new book follows the reasoning of Hugh Heclo and William Browne, who argue that the iron triangle concept is outdated and inappropriate. That convenient metaphor suggested an informal institutional structure that is simply no longer appropriate. Without the iron triangle, what can fill the void?