Doctoral programs at U.S. universities play a critical role in the development of human resources both in the United States and abroad. This volume reports the results of an extensive study of U.S. research-doctorate programs in five broad fields: physical sciences and mathematics, engineering, social and behavioral sciences, biological sciences, and the humanities. Research-Doctorate Programs in the United States documents changes that have taken place in the size, structure, and quality of doctoral education since the widely used 1982 editions. This (...) update provides selected information on nearly 4,000 doctoral programs in 41 subdisciplines at 274 doctorate-granting institutions. This volume also reports the results of the National Survey of Graduate Faculty, which polled a sample of faculty for their views on the scholarly quality of program faculty and the effectiveness of doctoral programs in preparing research scholars/scientists. This much-anticipated update of such an essential reference will be useful to education administrators, university faculty, and students seeking authoritative information on doctoral programs. (shrink)

This study analyzes the ideals of responsibility and accountability, asking such questions as when it is legitimate to blame top officials of an organization for mistakes made by personnel below them in the bureaucratic hierarchy; when things go wrong in a large and complex organization like the Canadian Forces, who is responsible and accountable; and whether a plea of ignorance is a good excuse. The study also analyzes the doctrine of ministerial responsibility in both the British and Canadian (...) parliamentary traditions, asking whether it is realistic to expect that a government minister should be held responsible for everything that goes wrong in his/her department. Finally, traditional military values are examined, considering the kinds of attitudes and values expected from Canada's armed forces and the differences between the military and civilian sectors. (shrink)

"Case notes." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (199), pp. 34–35.

The public interest in the administration of justice requires access to justice for all. But access to justice must be “meaningful” access. Meaningful access requires procedures, processes, and institutional structures that facilitate communication among participants and decision-makers and ensure that judges and other decision-makers have the resources they need to render fully informed and sound decisions. Working from that premise, which is based on a reconceptualization of the objectives and methods of the justice process, the (...) author proposes numerous specific changes in decision-making processes and practices. These changes are required to achieve a standard of decision-making that is consistent with the public interest in the administration of justice within a constitutional framework under the social and political conditions of the early 21st century. The essay illustrates the application of the principles and methods of legitecture to analysis of problems of institutional design in law. (shrink)

In Regina v. Murray, (2000, Ont S.Ct.J.) the learned trial judge, Justice Gravely, errs in his interpretation and application of the law of mens rea in the offense of willfully attempting to obstruct justice under section 139(2) of the Criminal Code of Canada. In view of his findings of fact and law, including the determination that the accused knowingly and intentionally committed the actus reus of the offense and the absence of any suggestion that he lacked awareness of (...) any relevant facts, there is no question in law but that Kenneth Murray was liable to be, and actually should have been, convicted. Nonetheless, the trial judge concluded that Murray’s alleged belief, that his actions were required by his duty to his client, raised a reasonable doubt about his intention to obstruct justice and entitled him to be acquitted. -/- In his reasons for judgment, the trial judge analyzes mens rea as if there is a “color of right” defense to the offense of obstruction of justice. In law, however, no such defense exists to this offense. Consequently, even if Mr. Murray did “honestly believe” that he had a duty to his client not to disclose the existence of the video tapes, that belief could not provide him with an exculpatory defence. In Canada, pursuant to common law and section 19 of the Criminal Code, mistakes of law do not excuse accused persons from responsibility for criminal conduct in the absence of a statutory exception. No exception exists for the offense of obstruction of justice. Yet the Crown did not choose to appeal and thereby signaled its acceptance of the legal analysis adopted by the trial judge. By contrast, if the analysis proposed in this piece had been adopted, the Crown should have prevailed at trial and, if unsuccessful at trial, would have had a right of appeal on a question of law. -/- At least two tendencies converge as significant influences shaping the outcome in the Murray case. The central tendency, discussed in Part I of this article, is the trial judge’s treatment of the accused’s alleged mistake about his legal duty as if it were a mistake about a question of fact which therefore could give rise to a reasonable doubt about intention or culpable awareness. This approach to mistaken beliefs ignores the distinction between mistakes of law and mistakes of fact, and then characterizes all mistakes as mistakes of fact. Unfortunately, this is not uncommon in the case law. In recent years however, as explained below, the judiciary has rejected that approach in a number of leading cases and ruled that mistakes which are actually mistakes about the meaning, scope, or application of the law are subject to the general rule and do not provide an accused with an exculpatory defense. The relationship between mistake of law and mens rea in Canadian criminal law has also been the subject of critical scholarly comment in Canada in recent years. The Murray decision provides evidence that, despite clarification by the Supreme Court, in some lower courts the unrefined approach to mistaken belief continues to shape the legal analysis of criminal culpability, even when the mistaken belief is overtly a belief about the law. This will not change until the proper characterization of mistaken beliefs as legal or factual becomes a deliberate and common-place aspect of case analysis at the trial court level. -/- The other tendency, discussed in Part III of this article, is one that often appears as a companion to the first - the judicial tendency to perceive and invoke analytical legal ambiguity in favour of accuseds more readily in cases in which the impugned conduct involves the discretionary exercise of authority which, when used appropriately, is fully legitimate and essential to the normal functioning of the existing socio-legal order. Of course, courts are strongly influenced by the arguments put to them by counsel. And counsel, acting on behalf of client groups with particular group interests may, consciously or unconsciously, favour the development of those lines of analysis which are protective of that interest or associated institutional interests. One of the reasons for scrutinizing the Murray case is that it provides a concrete context for discussion of those issues in relation to an actual decision made by Crown prosecutors. The case provides an occasion to examine a specific example of the exercise of prosecutorial discretion, its implications for the administration of criminal justice, and its broader potential impact on the public interest. [See also errata in UNBLJ 2002 volume 52 at pp 309-310.]. (shrink)

How do we deal with difference personally, interpersonally, nationally? Can we weave a cohesive social fabric in a religiously plural society without suppressing differences? This collection of significant essays suggests that to truly honour differences in matters of faith and religion we must publicly exercise and celebrate them. The secular/sacred, public/private divisions long considered sacred in the West need to be dismantled if Canada (or any nation state) is to develop a genuine mosaic that embraces fundamental differences instead of a (...) melting pot that marginalizes. An ethics of difference starts with a recognition of difference, not as deviance or deficit that threatens but as otherness to connect with, cherish, and celebrate. The book begins with the suggestion that our inability to come to terms with social plurality is not fundamentally the fault of religious differences, and that a public/private split inadequately deals with matters of basic difference. It then explores how encouraging people to live out their respective faiths may open new possibilities for respectful, honourable, and just negotiations of contemporary dilemmas arising out of the multicultural fabric of Canadian life. Towards an Ethics of Community introduces readers to some of the most challenging and divisive dilemmas we face in this increasingly pluralistic, postmodern world — issues such as family and domestic violence, Aboriginal rights, homosexuality and public policy, and female genital mutilation. This is a book truly global in scope and significance. (shrink)

The history of the concept of “religion” in Western tradition has intrigued scholars for years. This important collection of eighteen essays brings further light to the ongoing debate. Three of the invited participants, W.C. Smith, M. Despland and E. Feil, has each previously written impressive books treating this subject; the last two acknowledged the impact and continuing influence of Smith’s work, The Meaning and End of Religion. An introduction and a recapitulation of Smith’s contribution as a scholar set the stage (...) for a retrospective look at the published literature. Contributors then examine the transformation of words (the classical religio to the modern religion), particularities of religion in nineteenth-century France, Troeltsch’s concept of religion, the study of religion from an Asian point of view and the categorization of “World Religions.” The concluding essays elaborate contemporary anthropological, cross-disciplinary, semiological, deconstructive and psychoanalytical methodological approaches to the concept and study of “religion.” Exploring critically different aspects of the concept and study of religion, these provocative essays typically reflect the methodological pluralism currently existing in the field of Religious Studies. Of interest to scholars and students alike, this collection also contains a complete bibliography of W.C. Smith’s publications. (shrink)

Democracy has been a flawed hegemony since the fall of communism. Its flexibility, its commitment to equality of representation, and its recognition of the legitimacy of opposition politics are all positive features for political institutions. But democracy has many deficiencies: it is all too easily held hostage by powerful interests; it often fails to advance social justice; and it does not cope well with a number of features of the political landscape, such as political identities, boundary disputes, and environmental (...) crises. Although democracy is valuable it fits uneasily with other political values and is in many respects less than equal to the demands it confronts. In this volume prominent political theorists and social scientists present original discussions of such central issues. Democracy's Values deals with the nature and value of democracy, particularly the tensions between it and such goods as justice, equality, efficiency, and freedom. (shrink)

In December 2003, the members of the European Union (EU) met in Brussels for a summit that had the potential to become a turning point in history. The agenda for the meeting was to adopt a constitution for Europe in the wake of the European enlargement scheduled for May 2004. However, European nations were not able to resolve their differences over undecided issues such as voting, foreign policy decision- making, budget deficit rules, and whether to mention God in the constitution. (...) The most severe disagreements occurred over the voting system proposed by the draft constitution, which envisioned a move towards population-adjusted voting rights. In the old arrangements agreed upon in Nice in 2000, members had roughly the same amount of votes independent of population. (shrink)

Most donated organs in the United States come from brain dead donors, while a small percentage come from patients who die in “controlled,” or expected, circumstances, typically after the family or surrogate makes a decision to withdraw life support. The number of organs available for transplant could be substantially if donations were permitted in “uncontrolled” circumstances–that is, from people who die unexpectedly, often outside the hospital. According to projections from the Institute of Medicine, establishing programs permitting “uncontrolled donation after (...) circulatory determination of death,” or uDCDD, throughout the United States has the potential to provide 22,000 more donation opportunities annually. In contrast, U.S. controlled donation after circulatory determination of death, or cDCDD, cases have increased progressively over the past decade from 87 to 848 donors, but currently account for only 10.6 percent of all deceased donors. Following the IOM recommendations, several projects exploring the feasibility of uDCDD were funded by the federal government, including a grant from the Health Resources and Services Administration that supported a pilot project in New York City in which the authors of this article participated.A key feature of our protocol, and indeed of many uDCDD protocols, is the initiation of preservation methods such as chest compressions and extracorporeal membrane oxygenation shortly after death in order to perfuse and preserve the donor's organs. Critics of uDCDD argue that the means of determining death deviates from generally ascribed principles. They assert that reinstituting circulation in order to preserve organs has the effect of “undoing” the prior determination of death. The result is that cDCDD is widely accepted and practiced routinely even though it only marginally increases the number of organs available for transplantation, and uDCDD is widely considered unacceptable despite being ethically embraced and proven to significantly increase organ donation opportunities in other countries. This article explores the evolution of this counterintuitive state of affairs and calls for a policy that, in line with the IOM report, allows for both cDCDD and uDCDD protocols. (shrink)

In recent years, countries have begun to establish ministries of transitional justice as part of political transitions from authoritarianism to democracy or from conflict to peace. This may reflect a broader historical trend in the administration of TJ, which has evolved from isolated offices within a particular ministry to ad hoc cross-ministry coordinating bodies to the establishment of dedicated ministries. The reasons for the establishment of specific ministries to pursue TJ, what we call ministerialization, have not attracted scholarly (...) attention. This article explores the causes and likely consequences of this development. In particular, it applies international relations, comparative politics, and public policy theories to explain the phenomenon. Contrary to some TJ literature that is concerned about hegemonic transnational discourse, international actors have played little to no role in shaping how TJ is bureaucratically managed. Rather, based upon fieldwork in Solomon Islands and Tunisia, the article concludes that ministerialization has been the result of domestic policy entrepreneurship. For TJ ministries to become a norm, however, more transnational actors will need to be convinced of the benefits of such an institutional arrangement. (shrink)

Justice, according to Thomas Aquinas, is a personal virtue. Modern theorists, by contrast, generally treat justice as a virtue of social institutions. Jean Porter rightly argues that both perspectives are necessary. But how should we conceive the relationship between the virtue of justice and the justice of institutions? I address this question by drawing from Aquinas’s account of the role of the convention of money in mediating relations of just exchange. Developing Aquinas’s account, I defend two (...) conclusions and raise one problem. The conclusions are: Aquinas does presuppose the need for just institutions in just relations; Aquinas highlights the importance of an underappreciated consideration: the way institutions mediate just or unjust relationships. The problem, which naturally arises from bringing together the virtue of justice and the justice of institutions, is whether and how individuals can act justly in a context of structural injustice. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:THE ROLE OF AN ULTIMATE AUTHORITY IN RESTORATIVE JUSTICE: A GIRARDIAN ANALYSIS Sara Osborne I. Restorative or Retributive Justice South African Episcopal Archbishop Desmond Mpilo Tutu's account of the gritty practicality of reconciliation versus retribution in his book, No Future Without Forgiveness, focuses long overdue attention on Restorative Justice, a law reform movement probably better known in international than in American legal circles. A persuasive assertion (...) of Restorative Justice advocates in their critique of increasingly retributive practices such as mandatory minimum sentencing, mandatory arrest, death penalty, juvenile incarceration, "three strikes" legislation, no parole, diminished prisoner services, to name a few, is that reintegrating offenders back into a community is a much more effective deterrence to anti-social violence than punishment alone. They have also observed that communitarian ideals and practices, more visible in traditional cultures1 are more conducive to Restorative goals ofreconciliation and reintegration than are practices of retributive justice rooted in ideals of individual rights. Therefore, such adjudicatory practices should serve as models for preferable alternatives. 1An examination ofrestorative justice under code-based systems of law (European, Roman Law) might also reveal more affinities since the focus ofthese systems is to define the permissible, rather than the impermissible. Code-based law begins with the commons; rightsbased law begins with the individual. 80Sara Osborne However, Western-style retributive justice remains the primary model for international law and Restorative Justice is the prophetic "outsider" voice. So, it is appropriate to ask to what extent and under what conditions are Western retributive justice systems able to incorporate or accommodate adjudicatory practices ofnon-Western or traditional cultures? How critical a factor is religion? These questions will appear wherever Western Law struggles to bring more cultural diversity under a unifying umbrella and they deserve close scrutiny. René Girard's insights into the relationship between law, religion, culture and violence are helpful in identifying practical implications ofthe restorative vision and systemic weaknesses ofretribution, and perhaps illuminating a third way. The metaphor of an organ transplant may be useful: without a genetic match between host and donor both risk destruction. It is the thesis of this paper that that genetic material is a very inclusive conceptualization of "religion" which I have named "Ultimate Authority," drawing on Girard's mimetic theory for the theoretical analysis. In other words, "religion" is indeed, always and everywhere, a critical factor in culture-specific institutions ofjustice. A Girardian understanding ofthe relationship between Ultimate Authority and criminaljustice systems indicates that while there are valuable lessons to be learned from trans-cultural dialogue, wholesale transplants may not be possible, or even advisable because conditions essential for comparable success do not exist in Western legal culture. This paper first presents some background about Restorative Justice, followed by an outline ofRené Girard's mimetic theory to define "Ultimate Authority." The second half of the paper describes alternative adjudicatory processes which have attracted the attention of Restorative Justice advocates and concludes with suggestions about future directions for criminal justice policy discussion. Restorative Justice is a movement which drew its initial energy from Civil Rights era non-violent social action. It has found avid supporters among those whose activism for socialjustice is faith-based as well as those whose activism is rooted in more secular communitarian ideologies. Perhaps because of its international following, a significant contribution ofthe movement has been to initiate trans-cultural dialogue about criminal justice, fostering an increased use of alternative dispute resolution techniques, primarily mediation. Restorative Justice doctrine insists that all crime is personal, evidence ofa broken relationship between victim, offender, and community. Restoring "right relationship" between all parties is both a moral and legal obligation; "justice" to be just must go well beyond addressing the specifics of the act which effected the break. In contrast, the focus of The Role ofAn Ultimate Authority81 retributive justice appears abstract, procedural, and narrow in pursuit of impartiality or neutrality, the ideal of Blind Justice.2 Howard Zehr, a consultant on criminal justice and a Canadian Mennonite who wrote the classic Restorative Justice primer, Changing Lenses: A New Focusfor Crime andJustice, describes the retributive criminaljustice process as "a drama between two abstractions," meaning a criminal and a victim, where the "victim" is even further abstracted... (shrink)

Mirrors for princes, in general, give advices to the rulers about the subtleties of political art. Another aim of these books is to define and explain the administration of the state and the duties of rulers based on experience. In consequence of this they reflect the practical ethics of the period in which they were written. As such, they resemble practical handbooks written for rulers. Another point regarding the mirrors for princes works in which the political understanding of the (...) era can be observed is that they generally use sacred texts in order to prove the political legitimacy or invalidity of the power, as well as the rightfulness or the unlawfulness of the claims to the throne. Evidences from the Qurʾān and the ḥadīth literature was almost always used to support such advocated opinions. In fact, during the Middle Ages when religion and politics were considered coupled, it was unthinkable that religious elements should not be included in the works of state administration. The important point here is that the verses and ḥadīths were sometimes removed from their contexts and interpreted and explained in a way to support the ideology of the author or the ruler whom the author presented his work. In this study, we will try to reveal the subjects in which the verses and ḥadīths used in the mirrors for princes, which is a genre that has emerged within the Islamic culture and civilization. Thus, we aim to prepare a background for the future studies, which will focus on a specific verse or ḥadīth.Summary: The first political splits in Islamic history occurred immediately after the death of prophet Muḥammad. These differences were resolved by the agreement of the majority of Muslims on Abu Bakr's name. Until the second half of the rule of the third caliph ʿUthmān, Muslims came together around the unifying power of the idea of conquest. Nevertheless, substantially as a result of economically based problems the period of tranquility in Islamic society came to an end and was replaced by disputes. Disputes turned into conflict and ultimately seperation fused with the massacre of ʿUthmān in the capital Medina turned into a big fire with the Battles of the Camel and Ṣiffīn, the emergence of Khārijīs, the formation of the Shia and the deepening of the intellectual divisions after the all of these. Islamic history has witnessed a clash of different religious views and beliefs. along with deepening of intellectual disagreements as a result of political debatesIn the Islamic political thought, especially the first two centuries process was formed around the views of the jurists, muḥaddiths and theologians. The first sources used by those who tried to justify their opinion in the differences of opinion experienced during this period were the Qurʾān and ḥadīth literature which Muslims accepted as the determining factor in all their acts. The views based on the Qur'an and the hadiths, which are the two main sources of Islamic religion, had been used to influence the people, legitimize the actions and refute the claims of the opponents. On the other hand the sort who gave direction to political thought changed and political thought adhered a new path with Turks and Persians served as bureaucrats and soldiers and took an active position in the state. Especially Persians carried the culture of advice to Islamic thought, which is the product of both Greek and Hind civilization. Such books had brought in the İslamic society with translation movements began in the Umayyad period and peaked with the Bayt al-Ḥikma in the Abbasid period. Together with these books, the ideas of these civilizations on ideal state administration, politics and morality were recognized by Muslim scholars.These type of works, which are famous in terms of Islamic thought as mirrors for princes, have been written by Muslim scholars since the middle of the eighth century. Mirrors for princes are political, moral and religious content books that gives the rulers practical advice to maintain their power in accordance with the religious orders and prohibitions, and to the consent of Allāh’s who grant them this authority and people which appointed for their administration. Mirrors for princes are mostly theoretical books since they are mostly focused on what should be. In addition, since they are written for names that currently hold power, they are centered on how the rulers can maintain and increase their power and with which practices the state will maintain its existence for a longer period. The basic point of political thought and political interpretation are concepts and definitions. When the concept meaning of a word is mentioned, it is generally considered that there is a general definition. However, the concepts reflect the meaning that the user assigns to him in the context of his thoughts, perceptions, criticisms, explanations and analyzes. Concepts such as fair, honest, brave, hero, beautiful, rich, good and clean express what the person imposes on the meaning. In other words, everyone’s experience determines the content of the concept so far. The meaning of the concepts varies with the age and its user of that concept. Even concepts such as justice, merit and consultation can change meaning in different periods and geographies. The concepts, which are often used to facilitate understanding, are sometimes used to judge, to mold or mislead the interlocutor. In this context, it is imperative to enter the mind of the user in order to make concept analysis.In Islamic civilization, the principles of management are explained with concepts. The idiosyncrasies that Muslims expect from an ideal ruler are defined as justice, consultation, merit, trust and legitimacy and a broad corpus has been written about the concepts related to the administration, especially those mentioned. One type of this corpus is mirrors for princes.In Islamic history, there are many Mirrors for princes who are written in different time periods by names coming from different geographies and different backgrounds. Although the advice given in Mirrors for princes indicate a great similarity to each other, the preferred arguments and examples in the foundation of the counsel are different. While the persons in active politics mostly based their opinions on political arguments, scholars with scientific tradition supported their advices with religious arguments.Verses are the leading religious elements highlighted in Mirrors for princes. While explaining the concepts and emphasizing the importance of the advices, many verses have been exploited. Some verses are used only by one author, while some verses are the subject of their work by many authors. In the same way, ḥadīths and the sentences accepted as ḥadīths were also used to reinforce the emphasis and meaning. At this point, sometimes the context of the verses and ḥadīths were not taken care of. In this study, we aim to address the use of religious elements.In the literature, different opinions have emerged about who is ülü’l-emr and the limits of obedience to ülü’l-emr that used describe the names of senior executives and leaders of society. The reason for the difference is that each sect or religious school provides an interpretation on the basis of grounding its own views in explaining the verse. Justice is the most emphasized concept among the advices given to the rulers in mirrors for princes. Justice, which is shown as the most important feature of a sovereign, has been regarded as extremely important for the state to existences until the Doomsday. In addition, justice has been described as the most important condition for the maintenance of the state/sovereign authority. Consultation was important to make the right decision.Verses and ḥadīths were used in the explanations about the personal characteristics of the sovereign. Some features such as being compassionate, keeping promise, controlling anger, patience, honesty, blessing, extravagance, self-esteem, break a promise, revoke a promise and arrogance have become the subject of politics. When the mirrors for princes are considered as a whole, it is seen that religion and state are considered as inseparable twin brothers, taken one step further the understanding that accepts religion and the world as brothers especially is a product of the old Persian tradition. In this understanding, religion was accepted as the root and was given the duty of its patronage to political authority. It is seen that in the Mirrors for princes verses and ḥadīths hold a significant amount. As the reason for this can be said that along with religion takes place on the basis of morality, the authors of the Mirrors for princes, which put deep meanings on the relationship between religion and the state in the period that we are dealing with, consider both institutions to be complementary and integrative. (shrink)

My interpretation of the argument, then, fully generalized, is this:To do one's own is to act in such a way as to aim for each having his own.For each to have his own is justice(h) and to act in such a way as to aim for justice(h) is justice(d).Therefore, the having of one's own is justice(h) and the doing of one's own is justice(d).The advantage of this view is that it, unlike that of Vlastos, does (...) not need to supply problematic premisses, such as (S2), in order to render Plato's argument valid. Moreover, I have argued that there is good reason to suppose that a proper reading of Plato's first premiss contains a notion that Vlastos' interpretation had to supply in an additional premiss (S1). One aspect of what I have argued is the correct understanding of Plato's argument does need to be supplied, however, namely, that for one to do one's own one must accomplish one's beneficent aims. Although it is true that Plato only talks of the rulers' aims in the law courts, I think there is good reason to supply the accomplishment condition, for without it, Plato leaves open two possibilities that would embarass his view. First, without this added condition, we could have a case where A did his own with reference to B and C, yet B and C did not have their own as a result of A 's action. Secondly, there could be a case where A did his own, and B and C had their own as a result of A's doing something, yet B and C would not have their own as a result of A's doing his own with reference to B and C.The reason Plato does not consider these problems, I think, is because he would not have considered cases in which his rulers had beneficent aims, but were ineffective in achieving them purposefully. The guarantee of justice in Plato's just state is that it would be administrated by rulers who are both utterly beneficent and utterly efficient. Under these conditions, all will have their own, for all will do their own. This implication, I have argued, is all we need to protect Plato's utopian state from the potential for πλεoνεξία, and it is all we need to provide a valid reading of the argument from 433E6–434A1. (shrink)

Law as one sign system can be recorded and interpreted by another sign system—media. If each transaction in court is taken as a sign, it can be interpreted or transferred by different signs of media for the same purpose, though with different effects. This study focuses on the transformative effects of the semiotic revolution in media on law. The present research revealed that the evolution of media has driven the administration of justice to pay more attention to the (...) process of court proceedings. This research also discusses the semiotic conflict and compatibility between the sign subsystems within media upon interpreting the administration of justice. In addition, disequilibrium between different sign systems highlights the consequent need for intersemiotic translation, consciousness and evaluation as part of decision making on court domains. (shrink)

The study aimed to identify the role of administrative procedures and systems in enhancing the performance of the educational institutions in the Islamic University in Gaza. To achieve the research objectives, the researchers used the analytical descriptive approach to collect information. The researchers used the questionnaire distributed to three categories of employees at the Islamic University (senior management, faculty members, their assistants and members of the administrative board). A random sample of 314 employees was selected and 276 questionnaires were retrieved (...) with a recovery rate of 88.1%. The Statistical Analysis Program (SPSS) was used to enter process and analyze data. The results of the research showed a positive role for the administrative procedures and systems in enhancing the performance of the Islamic University from the point of view of the members (senior management, teaching staff and their assistants and the administrative body), where the relative weight of all the paragraphs (73.728%). The analysis of the results revealed that the administrative procedures at the Islamic University in Gaza are used to an acceptable degree. The relative weight of all the paragraphs is 70%. This indicates a relationship between administrative procedures and regulations and the performance of the Islamic University in the Gaza Strip. The study found that there was a good degree of approval from the sample regarding the administrative procedures and their relationship to the job performance. There exist a sufficient degree of powers to the deans and department managers to carry out their tasks, with the use of plans as control tools. And that there are rules and procedures provided for decision-making in the University Council. It also has full powers to manage the university to improve the teaching and learning environment. The researchers also recommended a number of recommendations, including the need to follow up on the procedures and systems of management and update them continuously in the light of changes that may occur and to ensure the existence of a strong system of electronic information systems within the university. There is a need to provide mechanisms for obtaining information about the surrounding external environment, and effective mechanisms to provide managers with the necessary information in a timely manner. The importance of providing channels of communication that enables staff to communicate information about any violations and breaches. The study also recommended the follow-up, review, procedures and administrative systems, and work to modify them in line with the mission of the university and the objectives that the university seeks to reach. (shrink)

The paper analyses the problem of workload quotas for district court judges in relation to the standard statutory work time duration. The problem is set against the general tendency of increase in the number of cases brought before courts each year. District courts as the courts of first instance are faced with an ever growing flow of cases. With regard to civil cases, the numbers are increasing especially in the field of the law of obligations (disputes in relation to sale, (...) loan, credit, consumer credit, lease contracts, as well as contracts for the provision of services, etc.). As far as criminal cases are concerned, the numbers are increasing especially in the fields of robbery, theft, in particular car theft, disturbance of public order and other crimes. In these circumstances, it is extremely important to conduct the analysis of the activity of courts in order to obtain a picture of the current situation with regard to the workload of courts and judges. District courts deserve special attention. Uneven distribution of workload among courts and judges is often the reason for the increase of the number of cases where a final decision (judgement) is reached later than 6 months after the start of proceedings. This was pointed out in the Overview of Activities of the Lithuanian Courts and their Self-Governance Institutions (2009–2010), as well as in the report of the National Courts Administration (2010). Those documents underline the importance to analyse the workload of district court judges for the purposes of optimising work organisation, setting the number of judges, distribution of resources, evaluation of judges’ activity, etc. The said analysis is crucial in order to avoid exceeding working time quotas and excessive workload of judges. At present, the workload of district court judges is calculated in accordance with the regulation adopted by the Courts Council in 2004 (as amended in 2005) and it reflects the number of standard cases (civil, criminal cases and cases of administrative offences) as well as other types of procedural documents dealt with by a judge within a period of one month. However, there are no quotas set for judge’s workload with regard to the duration of the statutory work time. The quotas for separate procedural stages (preparation for hearings, hearings, adoption of decision (judgement), other procedural actions that a judge performs while administering justice) are inexistent. The calculation does not take into account whether those standard cases are heard by a single judge or by a panel of judges, the complexity of a particular case is neither reflected. Establishing quotas for district court judges and other court clerks (judge assistants, secretaries, etc.) should consist of legal, organisational-procedural and technical-economical activity. The Ministry of Justice of the Republic of Lithuania, the National Courts Administration, the Courts Council as well as chairmen and experienced judges of district courts should play an active part in the process of establishing quotas. A special role should be assumed by the General Assembly of Judges. (shrink)

Governments are often so focused on short-term gains that they ignore the long term, thus creating extra unnecessary burdens on their citizens, and violating their responsibilities to future generations. What can be done about this? In this paper I propose a package of reforms to the ways in which policies are made by legislatures, and in which those policies are scrutinised, implemented and evaluated. The overarching aim is to enhance the accountability of the decision-making process in ways that take into (...) account the interests of persons in the future. (shrink)

Legal theory for the purposes of this essay is the theory of mundane law—that is, our law. The legal system of a modern Western democracy is the phenomenon legal theory is trying to represent perspicuously. Such a legal system may be characterized prephilosophically as an institutionalized normative system. The associated institutions include legislatures, courts, police forces, civil services, royal families, and the like. The associated norms are of three kinds—norms directly enjoining, permitting or proscribing behaviour on the part of the (...) norm-subjectss; norms for facilitating the creation of social arrangements between norm-subjects; norms for the creation, variation, administration, application and enforcement of norms of the first two kinds. (shrink)

Legal theory for the purposes of this essay is the theory of mundane law—that is, our law. The legal system of a modern Western democracy is the phenomenon legal theory is trying to represent perspicuously. Such a legal system may be characterized prephilosophically as an institutionalized normative system. The associated institutions include legislatures, courts, police forces, civil services, royal families, and the like. The associated norms are of three kinds—norms directly enjoining, permitting or proscribing behaviour on the part of the (...) norm-subjectss; norms for facilitating the creation of social arrangements between norm-subjects; norms for the creation, variation, administration, application and enforcement of norms of the first two kinds. (shrink)

In arguing about justice, different sides often accept common moral principles, but reach different conclusions about justice because they disagree about facts. I argue that motivated reasoning, epistemic injustice, and ideologies of injustice support unjust institutions by entrenching distorted representations of the world. Working from a naturalistic conception of justice as a kind of social contract, I suggest some strategies for discovering what justice demands by counteracting these biases. Moral sentiments offer vital resources to this end.

Institutions to address short-termism in public policymaking and to more suitably discharge our duties toward future generations have elicited much recent normative research, which this chapter surveys. It focuses on two prominent institutions: insulating devices, which seek to mitigate short-termist electoral pressures by transferring authority away to independent bodies, and constraining devices, which seek to bind elected officials to intergenerationally fair rules from which deviation is costly. The chapter first discusses sufficientarian, egalitarian, and prioritarian theories of our duties toward future (...) generations, and how an excessive focus on the short term in policymaking may hinder that such duties be fulfilled. It then surveys constraining and insulating devices, and inspects their effectiveness to address the epistemic, motivational, and institutional drivers of political short-termism as well as their intra- and intergenerational legitimacy. (shrink)

I argue that our traditional conception of the duties imposed by human rights is unable to acknowledge the nature of many contemporary human rights violations. The traditional conception is based on a broadly deontological view according to which human rights impose primarily negative and perfect duties, and these duties are held to be specific prohibitions on certain kinds of actions . I argue that given this conception of the nature of the duties imposed by human rights, not only claims to (...) aid, but in addition, claims against many of the most serious and prevalent contemporary active harms will not count as genuine human rights claims. These harms increasingly result from extremely complex causal chains involving the behaviour of a huge number of agents, few or none of whom can be singled out as responsible for a serious harm to any specific victim. Institutional structures can have just as central a role to play in specifying and allocating responsibility for fulfilling many of the negative duties imposed by human rights as the positive duties. These structures can therefore be equally important in the realisation of both kinds of rights. Before the necessary institutional reforms have taken place, both kinds of rights are equally genuine, and ground the imperative of justice to reform existing social institutions. (shrink)

Liberal political theory sees justice as the "first virtue" of a good society, the virtue that guides individuals' conceptions of their own good, and protects the equal liberty of all to pursue their ends, so long as these ends and pursuits are just. But ever since Marx's declaration that "liberty as a right of man is not founded upon the relations between man and man, but rather upon the separation of man from man...,"i liberal society has been frequently criticized (...) for falling seriously short of the conditions of a good society.ii A prominent recent criticism of this sort has been voiced by "communitarians," who charge that the primacy of rights in liberalism reveals a failure to appreciate the value of friendship and community, and tends to undermine their possibility.iii My aim in this paper is to defend liberal political theory, understood as the theory that justifies a polity of individual rights and justice, against this charge.iv My main argument will be directed at the assumption that there is an inherent tension between rights and justice on the one hand, and familial love and friendship on the other. According to the communitarian, two or more individuals constitute a community when they share a common conception of the good, and see this good as partly constitutive of their identities or selves.v Such "constitutive community," in Michael Sandel's words, may be a close friendship or family relationship, or an intermediate association such as a neighborhood organization, or a comprehensive political community. The communitarian charges that in making justice the first virtue of social institutions, liberalism undermines community at all levels, and this for two reasons. First, liberalism demands that we revise or surrender our conceptions of the good - including our attachments and commitments to family and friends - if they should turn out to be unjust. But this demand, the communitarian claims, requires attitudes 2 that are inconsistent with these attachments and commitments.. (shrink)

The aim of this article is to determine how can new interpretations of old institutes change the status of the taxpayers and tax administrators and to suggest what can the Ministry of Finance do to solve the problem – it can try setting a uniform interpretation of tax institutes. It deals with two findings of the Constitutional Court of the Czech Republic concerning two institutes described in Tax Administration Act: time-limits for tax assessment and tax inspection; and one finding (...) of the Highest Administrative Court concerning local taxes. Court interpretation is only one of several possibilities of interpretation. Continental system of law differs from the Anglo-American system and we should search for information in the acts, and court practice should be used only alternatively. (shrink)

MARINA PAOLA BANCHETTI-ROBINO is Associate Professor and Chair of the Philosophy Department at Florida Atlantic University. Her areas of research include phenomenology, philosophy of language, philosophy of science, philosophy of mind, and zoosemiotics. Her publications have appeared in such journals as Synthese, Husserl Studies, Idealistic Studies, Philosophy East and West, and The Review of Metaphysics. She has also contributed essays to The Role of Pragmatics in Contemporary Philosophy (1997), Feminist Phenomenology (2000), and Islamic Philosophy and Occidental Phenomenology on the Perennial (...) Issue of Microcosm and Macrocosm (2006). She co-edited Philosophies of the Environment and Technology (1999) and is currently working on a book-length project entitled The Birth of Science Out of the Spirit of Myth: A Historico-Phenomenological Re-Examination of the Crisis of the European Sciences. BERNARD BOXILL was born in Saint Lucia, West Indies where he received his primary and secondary education. He studied philosophy at the University of New Brunswick, Canada and at the University of California, Los Angeles where he was awarded a doctorate in philosophy in 1971. He has published numerous articles, a book, Blacks and Social Justice (1992), and is professor of philosophy at the University of North Carolina at Chapel Hill. ED BRANDON was born and educated in England, studying philosophy and linguistics at The University of York, England, and later philosophy at The University of Oxford with the late John Mackie. After teaching in Sierra Leone and briefly in England, he went to teach philosophy of education at the University of the West Indies at Mona, Jamaica in 1978. From 1992 he has been attached to a policy unit of the Vice-Chancellery, based at the Cave Hill campus in Barbados, where he has been assisting since 2000 with a new major in philosophy. His academic work can be accessed from http://cavehill.uwi.edu/bnccde/epb/personalpage.html CAROLYN CUSICK is a doctoral candidate in the Department of Philosophy at Vanderbilt University. She is a founding member of the Phenomenology Roundtable. Her research focuses on feminist epistemology, Africana philosophy, and phenomenology. LEWIS GORDON is President of the Caribbean Philosophical Association. He is Laura H. Carnell Professor, the most distinguished chair, at Temple University, where he holds appointments in philosophy, religion, and Judaic studies and directs the Institute for the Study of Race and Social Thought and the Center for Afro-Jewish Studies. He is also Ongoing Visiting Professor of Philosophy and Government at the University of the West Indies at Mona, Jamaica. He is the author of several books, including the award-winning Her Majesty's Other Children: Sketches of Racism from a Neocolonial Age (Rowman and Littlefield, 1997), Disciplinary Decadence: Living Thought in Trying Times (Paradigm, 2006), An Introduction to Africana Philosophy (Cambridge University Press, forthcoming), and co-editor of A Companion to African-American Studies (Blackwell, 2006) and Not Only the Master's Tools: African-American Studies in Theory and Practice (Paradigm, 2005). CLEVIS HEADLEY is currently Associate Professor of Philosophy at Florida Atlantic University, director of the Ethnic Studies Certificate Program, as well as director of the Master's in Liberal Studies. Professionally, he serves as the Vice-President and Treasurer of the Caribbean Philosophical Association. Professor Headley has published widely in the areas of Critical Race Theory and Africana philosophy. He has also published in Analytic philosophy, focusing specifically on Gottlob Frege. PAGET HENRY is Professor of Sociology and Africana Studies at Brown University. He is the author of Caliban's Reason: Introducing Afro-Caribbean Philosophy, Peripheral Capitalism and Underdevelopment in Antigua, and the co-editor of C. L. R. James' Caribbean. Professor Henry also serves as the editor of the C. L. R. James Journal, and has published numerous articles on the political economy of the Caribbean as well as on African, African-American, and Afro-Caribbean philosophy. ESIABA IROBI is Associate Professor of International Theatre/Performance Studies at Ohio University, Athens. His groundbreaking book: A Theatre for Cannibals: Resisting Globalization on the Continent and Diaspora since 1441 will be published by Palgrave Macmillan, London, in 2007. He has been invited to be an External Resident Fellow at the prestigious Dartmouth College Humanities Institute for the 2007-2008 academic year. CHIKE JEFFERS is a graduate student in the Ph.D. program of the Philosophy Department at Northwestern University. His interests are in Africana philosophy, social and political philosophy, ethics, philosophy of religion and aesthetics. He is originally from Toronto, Ontario, Canada. CATHERINE JOHN is Associate Professor of African Diaspora Literary and Cultural Studies at the University of Oklahoma. Her book Clear Word and Third Sight: Folk Groundings and Diasporic Consciousness in African Caribbean Writing was co-published by Duke University Press and UWI Press in 2003. She has published several articles on Caribbean literature and culture and her current book project is entitled The Just Society and the Diasporic Imagination. She spends her summer working in Woodside, St. Mary, Jamaica helping with a summer school for children and participating in the community's emancipation celebration. KENNETH KNIES is a doctoral student in philosophy at Stony Brook University. His areas of focus are phenomenology and ancient philosophy. He is also a contributing editor for Political Affairs magazine. EDIZON LEN is a photographer and coordinator of the Fondo Documental Afro-Andino at the Universidad Andina Simòn Bolivar in Quito, Ecuador. In 2006, he was curator of the photo exhibit "The Color of the Diaspora" presented at the Cultural Center of the Catholic University of Ecuador and the University of Tennessee in Knoxville. He is currently completing his doctorate at the Universidad Andina Simòn Bolivar with a focus on Maroon thought. REKHA MENON is Associate Professor of Art History at State University of New York, Buffalo State. She is the author of Seductive Aesthetics of Post Colonialism (forthcoming). Her area of research focuses on current philosophical investigations in colonial and neocolonial aspects of Indian art, artistic/cultural practices and philosophies and their relationship to Western arts and philosophies. Her manuscripts under review are: Ashamed of Our Nakedness, Is There Ever a Naked Body? Ambivalence in Contemporary Indian Expressive Aesthetics and Insatiable Desire. MICHAEL R. MICHAU is a Ph.D. candidate in the Philosophy and Literature Program at Purdue University, and during the 2006-2007 school year, a lecturer in the Department of Comparative Studies and Department of Philosophy at Ohio State University. He is the co-founder and co-secretary of the North American Levinas Society. CHARLES W. MILLS is Distinguished Professor of Philosophy at the University of Illinois at Chicago. He works in the general area of oppositional political theory, and is the author of numerous articles and three books: The Racial Contract (Cornell University Press, 1997), Blackness Visible: Essays on Philosophy and Race (Cornell University Press, 1998), and From Class to Race: Essays in White Marxism and Black Radicalism (Rowman and Littlefield, 2003). MABOGO P. MORE is currently Associate Professor of Philosophy at the University of KwaZulu-Natal, South Africa. He has published articles on African philosophy and social and political philosophy in a number of academic journals, such as South African Journal of Philosophy, Dialogue and Universalism, Alternation, Theoria, and African Journal of Political Science. MARILYN NISSIM-SABAT, Ph.D., M.S.W. is Professor Emerita and Adjunct Professor of Philosophy, Lewis University. Dr. Nissim-Sabat is also a psychotherapist in private practice. She is the author of numerous book chapters and papers in the fields of philosophy (Husserlian phenomenology), psychoanalysis, feminism, and critical race theory. Citations of her works can be found on her website: marilynnissim-sabat.com. FREDERICK OCHIENG'-ODHIAMBO is a Senior Lecturer of Philosophy and Coordinator of the discipline at The University of the West Indies, Cave Hill, Barbados. His major research areas are African philosophy and social philosophy. He has published several articles on philosophic sagacity. IVAN PETRELLA is an Assistant Professor of Religious Studies at the University of Miami. He is author of The Future of Liberation Theology: An Argument and Manifesto (SCM Press, 2006) and editor of Latin American Liberation Theology: The Next Generation (Orbis Books, 2005) as well as co-editor of the series Reclaiming Liberation Theology (SCM Press) RICHARD PITHOUSE is a research fellow at the University of KwaZulu-Natal in Durban, South Africa. He is editor of Asinamali: University Struggles in Post-Apartheid South Africa (Africa World Press, 2006). SATHYA RAO is Assistant Professor in French translation at the Department of Modern Languages and Cultural Studies, University of Alberta, Canada. His research fields include: theory of translation, continental philosophy, postcolonial studies, discourses on Africa, and Francophone cinema and literature. He has published articles in various peer-reviewed journals and written chapters in several collective books such as: De l'Ecrit Africain a l'Oral le Phenomene Graphique Africain, Simon Battestini (Ed.) (Paris: L'Harmattan, 2006) and Thèorie-rèbellion. Un Ultimatum, Gilles Grelet (Ed.) (Paris: L'Harmattan, 2005). He has a co-edited a book on Francophone African cinema L'Afrique fait son cinema (Montreal: Memoires d'encrier, forthcoming). Sathya Rao is vice-president of the International Non-Philosophical Organisation (INPhO), member of the Canadian Association of Translatology (CATS), coordinator of the research team Poexil, and Secretary of the Caribbean Philosophical Association. He is co-founder of an online journal Alternative Francophone. CATHERINE WALSH is Professor and Director of the doctoral program in Latin American Cultural Studies at the Universidad Andina Simon Bolivar in Quito, Ecuador. Her research interests include the geopolitics of knowledge, interculturality and concerns related to the Afro-Andean Diaspora and the production of decolonial thought. Among her recent publications are Pensamiento crìtico y matriz colonial (Quito: Abya Yala, 2005), "Interculturality and the Coloniality of Power. An 'Other' Thinking and Positioning from the Colonial Difference," in Coloniality of Power, Transmodernity, and Border Thinking, R. Grosfoguel, J.D. Saldivar, and N. Maldonado-Torres (Eds.) (Durham: Duke University Press, forthcoming) and "Shifting the Geopolitics of Critical Knowledge: Decolonial Thought and Cultural Studies 'Others' in the Andes," Cultural Studies (forthcoming). KRISTIN WATERS has published widely in the areas of race and gender. Her anthology Enlightened Conversations: Women and Men Political Theorists (Blackwell, 2000) challenges political theorists to be more inclusive of race and gender in their research and teaching. Her book Black Women's Intellectual Traditions: Speaking Their Minds, co-edited with Carol Conaway (University of Vermont Press, forthcoming), addresses the varied intellectual traditions of black women's thought that spans more than two hundred years in North America. She is currently Professor of Philosophy at Worcester State College and Visiting Research Associate at Brandeis University. (shrink)

Committees established for the ethical review of research involving animals have become a widespread legal standard around the world. Despite many differences in their composition, powers, and institutional settings, they share many common problems related to the well-established standards of procedural justice in administrative practice. The paper adapts the general theory of procedural justice to the specific context of ethical review committees. From this perspective, the main concerns over the procedural aspects of the ethical evaluation of research projects (...) are identified and examined. They include in particular the standards of the committees’ composition, impartiality, fair hearing, appeal, transparency, and benevolence. Their proper reflection in the regulatory regimes of animal ethics committees is necessary to secure the standards of fairness of the ethical review itself. This, in turn, is a condition of the moral and social legitimacy of all administrative and quasi-administrative procedures, including the committees’ operations. (shrink)

This book approaches the problems and circumstances confronting blacks in the context of black values, the black community, and the role of government. ^BContents:: The Black Community's Values as a Basis for Action; The Community as Agent of Change; and The Government's Role in Meeting New Challenges.

Abstract - The aim of the study is to identify the degree of administrative transparency in the Palestinian higher educational institutions in the Gaza Strip. In the study, the researchers adopted a descriptive and analytical method. The research population consisted of administrative staff, whether academic or administrative, except for those in senior management or the university council. The study population reached 392 employees. A random sample was selected (197). The number of questionnaires recovered was (160) with a recovery rate of (...) (81.2%). The researchers used a questionnaire for the data collection and were treated using SPSS to obtain the results. The results show that there is no significant difference between male responses and female responses due to gender variable. The results also confirm that there is no significant difference between respondents' responses due to the age variable. The results also showed a significant difference between respondents' responses attributed to the university variable. There is a fundamental difference between respondents' responses attributed to the scientifically qualified variable. The results also confirmed a significant difference between respondents' responses attributed to the management level variable. The results also confirmed a significant difference between respondents' responses due to variable years of service. The research reached a number of recommendations, the most important of which is: The necessity of Palestinian universities to adhere to the application of transparency standards in all university activities. The need to benefit from regional and international experience in the application of transparency systems within universities and to examine the possibility of applying these systems in our universities. As well as the need to engage in the program of teaching transparency in universities, as it is confirmed that only five universities participated in this experiment. The importance of raising awareness among the employees of Palestinian universities to clarify the foundations of building transparency and its dimensions to represent the active supporter through workshops and seminars. (shrink)

In 2017, the National Prosecution Bureau of Chile created the Special Unit for Human Rights, Gender-Based Violence, and Sex Crimes, becoming a milestone for criminal prosecution policies as the first time a state institution in Chile used the term ‘gender-based violence’ explicitly in its title. There was no law in the country that addressed and sanctioned this behaviour—recognising it as a social phenomenon—at the time of the Unit's creation. What does the creation of this new Unit mean for access to (...) justice from a gender perspective? To answer this question, we have critically analysed the creation of this Unit as a case study from a feminist institutionalist standpoint. We found that this institutional change might bring a broadening in access to justice for women, girls and LGBTQI+ persons by implementing a gender perspective. (shrink)

BackgroundThe amount of research utilizing health information has increased dramatically over the last ten years. Many institutions have extensive biobank holdings collected over a number of years for clinical and teaching purposes, but are uncertain as to the proper circumstances in which to permit research uses of these samples. Research Ethics Boards (REBs) in Canada and elsewhere in the world are grappling with these issues, but lack clear guidance regarding their role in the creation of and access to registries and (...) biobanks.MethodsChairs of 34 REBS and/or REB Administrators affiliated with Faculties of Medicine in Canadian universities were interviewed. Interviews consisted of structured questions dealing with diabetes-related scenarios, with open-ended responses and probing for rationales. The two scenarios involved the development of a diabetes registry using clinical encounter data across several physicians' practices, and the addition of biological samples to the registry to create a biobank.ResultsThere was a wide range of responses given for the questions raised in the scenarios, indicating a lack of clarity about the role of REBs in registries and biobanks. With respect to the creation of a registry, a minority of sites felt that consent was not required for the information to be entered into the registry. Whether patient consent was required for information to be entered into the registry and the duration for which the consent would be operative differed across sites. With respect to the creation of a biobank linked to the registry, a majority of sites viewed biobank information as qualitatively different from other types of personal health information. All respondents agreed that patient consent was needed for blood samples to be placed in the biobank but the duration of consent again varied.ConclusionParticipants were more attuned to issues surrounding biobanks as compared to registries and demonstrated a higher level of concern regarding biobanks. As registries and biobanks expand, there is a need for critical analysis of suitable roles for REBs and subsequent guidance on these topics. The authors conclude by recommending REB participation in the creation of registries and biobanks and the eventual drafting of comprehensive legislation. (shrink)

The paper discusses the problems in the detection of security information in legal and other administrative data. The authors analyse the prospects of the use of datamining in the solution of two key problems: abundance and indirectness of these data. Security research uses two kinds of data. The first one is scientific data, designed and gathered specially for the verification of certain security theories. They are the data of criminological, sociological, psychological surveys, experimental data, etc. The second kind is data (...) that are not designed for security research. Most of the data are the by-products of the national legal system, especially its criminal justice, of national and local institutions responsible for the maintenance of public order, and of other public agencies. All the data provide huge amounts of information destined to control and direct the activities of these institutions. There are two kinds of problems in the use of this information in security study. First, this information has to be ‘decoded’ from data describing the activities of related institutions. Second, data on security are lost in huge amounts of other public data. Thus, they have to be ‘mined’. The paper discusses the prospects of the modern information proceeding method—data-mining in the solution of both problems. A new concept of data mining as a meta-procedure is proposed. The object of this meta-procedure is supposed to be the integration of multiple current theories (for example, criminal security) and related statistical procedures. A general algorithm of such data-mining is proposed. (shrink)

Ernest Gellner's final book, first published in 1998, is a synoptic interpretation of the thought of Wittgenstein and Malinowski.

Some of the earliest Western ideas about the virtues of character gave justice a prominent position, but if moral philosophy has made any progress at all in the past two centuries, we might think it worthwhile to reconsider what that virtue involves. Kant seems (even to most non-Kantians) to have crystallized something important to our relations with others in formulating a proscription against treating others merely as means. And twentieth-century moral and political theory put the justice of social (...) institutions in the spotlight in an unprecedented way. Here I explore the significance of these developments for what it is to be a just person (the nature of “individual justice”) as it was originally understood, within the eudaimonist virtue-ethical theories of the ancient Greeks. By any standard, ancient thinking about individual justice seems to have been incomplete in important ways; perhaps, in virtue of these advances in moral theory, we are in position to enrich our thinking about it. (shrink)

Cultural safety is a relatively new concept that has emerged in the New Zealand nursing context and is being taken up in various ways in Canadian health care discourses. Our research team has been exploring the relevance of cultural safety in the Canadian context, most recently in relation to a knowledge-translation study conducted with nurses practising in a large tertiary hospital. We were drawn to using cultural safety because we conceptualized it as being compatible with critical theoretical perspectives (...) that foster a focus on power imbalances and inequitable social relationships in health care; the interrelated problems of culturalism and racialization; and a commitment to social justice as central to the social mandate of nursing. Engaging in this knowledge-translation study has provided new perspectives on the complexities, ambiguities and tensions that need to be considered when using the concept of cultural safety to draw attention to racialization, culturalism, and health and health care inequities. The philosophic analysis discussed in this paper represents an epistemological grounding for the concept of cultural safety that links directly to particular moral ends with social justice implications. Although cultural safety is a concept that we have firmly positioned within the paradigm of critical inquiry, ambiguities associated with the notions of 'culture', 'safety', and 'cultural safety' need to be anticipated and addressed if they are to be effectively used to draw attention to critical social justice issues in practice settings. Using cultural safety in practice settings to draw attention to and prompt critical reflection on politicized knowledge, therefore, brings an added layer of complexity. To address these complexities, we propose that what may be required to effectively use cultural safety in the knowledge-translation process is a 'social justice curriculum for practice' that would foster a philosophical stance of critical inquiry at both the individual and institutional levels. (shrink)

In The Ethics of Food, Gregory E. Pence brings together a collection of voices who share the view that the ethics of genetically modified food is among the most pressing societal questions of our time. This comprehensive collection addresses a broad range of subjects, including the meaning of food, moral analyses of vegetarianism and starvation, the safety and environmental risks of genetically modified food, issues of global food politics and the food industry, and the relationships among food, evolution, and human (...) history. (shrink)

Fiscal equivalence in the public administration of justice requires local police and courts to be financed exclusively by the populations that benefit from their services. Within a polycentric framework, broad based taxation to achieve fiscal equivalence is a desirable principle of public finance because it conceptually allows for the provision of justice to be determined by constituent’s preferences, and increases the political accountability of service providers to constituents. However, the overproduction of justice services can readily occur (...) when the benefits of the justice system are not enjoyed equally. Paradoxically, the same properties that make fiscal equivalence desirable by imposing restraint and control between constituents and local government also create internal pressures for agents of the state to engage in predatory, revenue-generating behavior. (shrink)

Some theories of justice hold that individuals placed in fortunate circumstances through no merit or choice of their own are morally obligated to aid individuals placed in unfortunate circumstances through no fault or choice of their own. In these theories what are usually regarded as obligations of benevolence are reinterpreted as strict obligations of justice. A closely related view is that the institutions of a society should be arranged in a way that gives priority to helping people placed (...) in unfortunate circumstances through no fault or choice of their own. Any theory of this type needs a way of assessing individuals’ circumstances to determine who is fortunate and who is unfortunate. (shrink)

In this article I will examine Ricœur’s idea of the universal in his understanding of justice. Scholars recently discussed the extent to which Ricœur understands universal moral norms and universal rules of justice in his anthropology of human action, and argue that Ricœur stresses too much the idea of universal moral norms with regard to cultural and moral diversity,. G. H. Taylor, “Reenvisioning Justice,” Lo Squarda 12 : 65-80). In this article I will take part in the (...) debate about universalism and approach Ricœur’s idea of the universal from a different angle, in placing it in light of his idea of evil. The point I will aim to make in this article is that Ricœur’s idea of the relation between justice and evil demonstrates what I understand as the ambiguity of justice, which highlights the difficulty of defining universal rules of justice. I will argue that this ambiguity is the following: justice aims at the establishment of social peace and in that sense it is the necessary remedy against human evil, but justice also implies power, and possibly violence, over others in that it relates to violent feelings of vengeance, to institutional mechanism of authority, and to a struggle of values. Yet if rules of justice relate to evil in the sense of power over others, so I argue, then it is problematic to define absolute criteria for rules of justice, i.e., for rules for social peace: because justice relates to particular values, which means that the risk of violence is inherent to institutional rules of justice, there is no ultimate universal set of such rules. This article therefore questions Ricœur’s understanding of universal rules of justice in Oneself as Another. Yet, I will also draw on a series of other texts of Ricœur on justice, and argue that Ricœur’s idea of justice allows understanding how we find common sensibilities about justice through dialogue, a sensibility for the other, and narratives as a way of critique of existing moral norms and rules of justice. (shrink)

From 2010 to 2020, Indonesia’s tax-to-gross domestic product (GDP) ratio has been declining. A tax-to-GDP ratio trend of this magnitude indicates that the tax authority lacks the capacity to collect taxes. The tax administration system’s modernization utilizing information technology is thus deemed necessary. Artificial intelligence (AI) technology may serve as a solution to this issue. Using the theoretical frameworks of innovations in tax compliance, the cost of taxation, success factors for information technology governance (SFITG), and AI readiness, this study (...) aims to analyze the costs and benefits, the enablers and inhibitors, and the readiness of the government and related parties to apply AI to modernize the tax administration system in Indonesia. This study used qualitative approaches for the data’s collection and analysis. The data were obtained through a literature study and in-depth interviews. The findings show that AI application in the field of taxation can assist tax authorities in enforcing the law, provide taxpayers with convenience in fulfilling their tax obligations, improve justice for all taxpayers, and reduce tax compliance costs. The openness of Indonesia to technological developments, as evidenced by the AI National Strategy, is a supporting factor in the application of AI in Indonesia, particularly for the modernization of the tax administration system. The absence of specific regulations governing AI adoption, as well as a lack of human resources that can help the tax administration process, data, and infrastructure already support, are the impediments to implementing AI for the modernization of the tax administration system in Indonesia. (shrink)