This chapter contains sections titled: Interpretation According to Law References.

This article is concerned with the concept of ambiguity in argumentation. Ambiguity in linguistics lies on the coexistence of two possibly interpretations of an utterance, while the role of contextual factors and background/encyclopedic knowledge within a specific society seems to be crucial. From a systemic point of view, Halliday has proposed three main language functions (meta-functions): a) ideational function, b) interpersonal function, c) textual function. Language could reflect speaker’s experience of his external and internal world, interpersonal relationships and organization (...) of text, respectively. Lexico-grammatical choices under a micro-level perspective and context (the environment of language) may lead to inconsistent interpretations through semantic or syntactic ambiguities. In philosophy and argumentation logic, strategies of ambiguity have been investigated by Aristotle, since the first sophistic movement. In his Topics, Metaphysics and Rhetoric, has pointed out the notion of “τὸ διττῶς / διχῶς λεγόμενον”, meaning that a term can have different senses and double interpretation. In this paper we discuss how we reconstruct the meaning of an utterance in dialogue through the mechanism of interpretation and how we analyze and construe ambiguities, combining the insights of argumentation theory and text linguistics. Research results show that in case of misunderstanding, the “best interpretation” is the less defeasible one according to contextual presumptions. (shrink)

Este artículo presenta a Weber y Habermas como los umbrales o polos de una modernidad que tiene al progreso como horizonte teórico-práctico. El diagnóstico weberiano sobre la modernidad y su proceso de desencantamiento del mundo y la injustificada reducción de la actividad racional a una actividad utilitario-estratégica desprovista de su carácter veritativo y de su orientación valórica, Habermas la utiliza para justificar su propuesta teórico-crítica respecto a la modernidad y la "paradoja de la racionalización", distinguiendo "sistema" y "mundo vital". Aquí (...) "desencantamiento del mundo" y "consenso del proyecto de lamodernidad", se encuentranThis article presents Weber and Habermas like the thresholds or poles of a modernity that has to the progress as theoretical- practical horizon. The diagnosis weberiano on the modernity and his process of disenchantment of the world and the unjustified reduction of the rational activity to a utilitarian-strategic activity devoid of his character of truth, Habermas uses to justify his theoretical-critical offerwith regard to themodernity and the "paradox of the rationalization", distinguishing "system" and "vital world". Here "disenchantment of the world" and "consensus of the project of the modernity", they are. (shrink)

The extent to which the legal doctrine addresses manifestations of constitutionalism has been constantly growing. However, the majority of research in constitutionalism focuses on the analysis of the power of the Constitution and the fundamental principles entrenched in it whereas ordinary branches of law, including civil procedure, affected by the constitutional law remains outside the scope of a deeper analysis. The author of the present paper is convinced that certain aspects of the impact of constitutional justice on (...) such branches as, in particular, civil procedure deserve deeper interest. The modest scope of the paper precludes an extensive analysis of the role of the Constitution as a fundamental binding Act and today’s abundant doctrine of Lithuania’s Constitutional Court in civil procedure. Therefore, the present paper is confined to an analysis of individual aspects of direct application of the Constitution and the doctrine of the Constitutional Court. The article analyses the power of the Constitution and its impact on the civil procedure as an Act laying down the fundamental principles binding the legislator in adopting procedural instruments and principles to be followed by courts and as a remedy for violations of rights or a tool to address loopholes and collisions of law. Courts of general jurisdiction perform the control of legitimacy of legal Acts by checking their compliance with the Constitution in individual cases and by applying to the Constitutional Court for repeal of anticonstitutional norms or by applying the Constitution as an Act of direct effect to eliminate loopholes, interpret statutes and deal with collisions of legal norms. The author believes that the fact that the courts of general jurisdiction frequently raise questions of incompliance of legal Acts with the Constitution and decisively apply to the Constitutional Court evidences a high level of legal culture and legal consciousness of the judges. That fact may also serve as a precondition for the growth of confidence in the judiciary as judicial procedures may contain no uncertainties as to the constitutionality of the statutes to be followed in litigation. (shrink)

"An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.

My article concerns constitutional interpretation and substantive due process, issues that played a central role in Obergefell v. Hodges (2015), one of the two same-sex marriage cases. (The other same-sex marriage case was United States v. Windsor (2013).) -/- The late Justice Scalia consistently maintained that the Court “invented” substantive due process and continues to apply this legal “fiction” not because the Constitution supports it but simply because the justices like it. Two theories underlay his cynical conclusion. First (...) is the theory of “Constitutional Textualism”—or just plain “Textualism”—which says that the meaning of the Constitution lies entirely within the “four corners” of the document. Second is the theory of “Originalism,” which says that this meaning was fixed at the time of ratification. (Likewise, the meanings of the amendments were fixed at the time of their ratification.) -/- While Justice Scalia helped to inspire a Textualist/Originalist (and anti-substantive-due-process) movement, his Originalism has received far more attention than his Textualism. Since Judge Robert Bork first introduced Originalism to the general public during his Supreme Court nomination hearings in 1987, this theory has ignited passions on all sides and effectively re-framed the entire debate about how to interpret the Constitution. Constitutional scholars, left and right, now define themselves as either for or against Originalism. Meanwhile, Textualism has merely retreated into the background. -/- Part of the reason for this disparate treatment is that many who reject Originalism still consider themselves to be Textualists. They agree with Justice Scalia (and Judge Bork) that the text is all-important. They disagree, however, that its meaning was fixed for eternity at ratification. Instead, they maintain that either the meaning of the text or applications of this meaning to new cases can change as society changes. -/- In this Article, I bring Textualism out of Originalism’s shadow and into broad daylight. I argue that once we dig just a little deeper into the proposition that all of the meaning in the Constitution inheres in its words, we find that this theory simply cannot work. In order to interpret the nation’s foundational document, we must resort to assumptions that it does not explicitly state. (Indeed, even Textualism itself is a theory that the Constitution does not explicitly endorse.) And the notion that “extra-textual” assumptions necessarily inform our interpretations of the Constitution poses a direct and insurmountable threat to Textualism. -/- The Constitution actually requires each judge, when faced with a case concerning the right to privacy, not merely to consider the text but also to anticipate and evaluate the moral, social, and political consequences of both possible decisions before choosing between them. While this position may initially sound counterintuitive, it turns out to be a much more realistic theory of constitutional interpretation than Textualism (and Originalism). -/- I ultimately conclude that, contrary to Justice Scalia, the Constitution most certainly does protect a right to privacy. For what it’s worth, the Obergefell majority agree with me (and oppose Justice Scalia). I aim to show exactly why they are correct. (shrink)

This essay assesses the debate over “moral reading” and “originalist” approaches to constitutional interpretation, as elaborated in James E. Fleming, Fidelity to Our Imperfect Constitution: For Moral Readings and Against Originalism (2015), by evaluating the recent, momentous constitutional controversy in the United Sates of America over access by same-sex couples to civil marriage. Justice Kennedy’s landmark majority opinion in Obergefell v. Hodges (2015), which held that such couples have a fundamental right to marry, employed a “moral reading” (...) in emphasizing evolving understandings of constitutional guarantees of equality, the “promise of liberty” and the institution of marriage. By contrast to the dissenters, the majority rejected a static, narrow reading of the fundamental right to marry —and marriage— and stressed the role “insight” and generational progress. Evolving understanding played a similar role in Goodridge v. Department of Public Health (2013), which provided a template for Kennedy’s rejection of a narrow originalism focused only on historical practices or original intent. Such moral readings of the Constitution have played a significant role in making the Fourteenth Amendment less of (in Justice Ginsburg’s words) an “empty cupboard” for gay men and lesbians, just as they have played a role in making it less empty in the context of sex equality. This essay demonstrates how the contrasting approaches to interpretation in the majority and dissenting opinions in DeBoer v. Snyder (reversed by Obergefell) previewed the interpretive battle between the Obergefell majority and dissents, but with the sides reversed. It then observes that, while some legal scholars offered, in amicus briefs filed in Obergefell, originalist arguments for same-sex marriage, such arguments persuaded neither other originalist scholars nor the Obergefell dissenters. (shrink)

In this comment I consider Jack Balkin’s general argument for his method of constitutional interpretation – the question of why interpret (the United States Constitution) in this way (as presented in his book Living Originalism). I contrast this question with the way in which the conclusion of this argument should be implemented with regard to specific clauses – the question of how to interpret (the United States Constitution). While the former question is concerned with the general (...) form of the argument, the latter is concerned with a substantiation of one premise in the argument. (shrink)

The author of the paper considers the influence of the jurisprudence of the Constitutional Court as the only official entity entitled to interpret the Constitution on the criminal procedure. The paper contains the review the following three trends of impact of the constitutional jurisprudence: influence on the legislature in criminal procedure law, influence on the practice of implementation of criminal procedural law and on the science of criminal procedural law. The paper mostly relies on the works by (...) professionals in the field of constitutional law, including publications by prof. dr. Juozas Žilys, the first Chairman of the Constitutional Court of the Republic of Lithuania and the former dean of the Law Faculty of Mykolas Romeris University, as the area of criminal procedure has so far included only several publications, the direct objective of which was to study issues on the constitutionalisation of criminal procedure. (shrink)

Transformation of the Constitutional System of the Slovak Republic Purpose of the article is to analyze the Constitutional Act No. 356/2011 Z. Coll. amending the Constitution of the Slovak Republic in terms of its compatibility of the constitutional system of the Slovak Republic. The article analyzes the potential impact of amendment to the Constitution of the Slovak Republic on the Parliamentary form of the government of the Slovak Republic and examine the consistency of Art. 115 (...) Para 3 of the Constitution of the Slovak Republic with another provisions that relate to it. The purpose of the article is to identify some problems that brought amendment to the Constitution of the Slovak Republic by the Constitutional Act No. 356/2011 Coll. of Art. 115 Para 3 and points out its incompatibility with the constitutional text. This article also discusses a possible shift in the parliamentary constitutional system of the Slovak Republic which the Constitutional Act brought.Methodology/methods used in the article is the analysis of the Constitutional Act No. 356/2011coll. by induction from the concrete wording of Art. 115 Para 3 of the Constitution of the Slovak Republic to the conclusions in relation to the entire text of the Constitution of the Slovak Republic and to the whole constitutional system of the Slovak Republic Scientific aim is to point to the shortcomings of the Constitutional Act No. 356/2011 Z. Coll., not only from the perspective of constitutional interpretation, but potentially also in terms of practice and also show the wrong trend of breaking the internal unity and coherence of the constitutional system of the Slovak Republic by half-baked changes to the text of the Constitution of the Slovak Republic Findings are specific and severe systemic disorders that brought the amendment to the Constitution of the Slovak Republic by the Constitutional Act No. 356/2011 Coll. of Art. 115 Para 3. The Article identifies three concrete problems and the subsequent practice may bring some other issues that were not known at the time of processing of this Article Conclusions are directed to the fact, that the Constitutional Act No. 356/2011 Coll. means internal disturbance of the constitutional system of the Slovak Republic, brings more problems than constructive solutions and potentially deflects the parliamentary constitutional system of the Slovak Republic to the semi-presidential. (shrink)

The point of departure is the empirical research by Marwijk, Haverkate, Van Royen and The. Starting from qualitative interviews, the act of euthanasia seems to be for the physician problematic and even traumatic, also in countries where euthanasia is a legal option. This emotional contrast-experience is an important locus for the ethical reflection. I will discuss one topic of the conclusion of the research: what is the place, meaning and limit of the moral integrity of the practitioner? In the act (...) of euthanasia, a relation of many years based on trust is often presupposed by the physician in order to legitimate morally his involvement in the act of euthanasia. At the same time, physicians experience an inconsistent relation between their acting and their personal emotional and moral experience. The legal possibility to refuse the involvement in the euthanasia, doesn’t take away the ethical unrest and physicians can experience to leave their patients to fend for themselves. Can the responsibility and the loyalty towards the patient implicate that one passes over his own moral integrity? A one-sided interpretation of the ethics of Levinas could suggest a positive answer to this question. A choice for the concrete goodness happens in the face-to-face relation with the other. The other’s interest and not the own existing values are decisive. This could lead to the suggestion of an absolute presence for the other. The own moral integrity is subordinated towards the ethical responsibility for the other. To this kind of reasoning, we put two questions: Every form of responsibility presupposes a moral integrity. The autonomy and the conscience of the physician is presupposed for taking up the responsibility towards the patient. It cannot be annihilated by the faithfulness and responsibility. The physician is not only responsible for the patient who is asking euthanasia, but also for his other patients. The act of euthanasia has consequences for his moral attitudes towards the third parties. The problem will be elaborated in a discussion with the concept of responsibility as developed by Emmanuel Levinas and Cathérine Chalier. The argument is based on a critical-philosophical reading of some biblical texts. The conclusion is relevant for the evaluation of the moral integrity of the physician as well as for the application of Levinas’ concept of responsibility in the field of biomedical ethics. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Academic Skepticism in Hume and Kant: A Ciceronian Critique of Metaphysics by Catalina González QuinteroZuzana ParusnikováCatalina González Quintero. Academic Skepticism in Hume and Kant: A Ciceronian Critique of Metaphysics. Cham: Springer, 2022. Pp. 268. Hardcover. ISBN: 978-3-030-89749-9. £99.99.This book is a valuable contribution to the rapidly expanding field of research into the formative impact of ancient skepticism on early modern philosophy. This new paradigm was introduced several (...) decades ago, as González Quintero acknowledges, by the pioneering work of Richard Popkin; and while Popkin emphasized the constitutive role of Pyrrhonism in this process, recent philosophical debates have been characterized by a more measured approach, carefully differentiating between the Academics and the Pyrrhonists, and their respective influence on modern skeptics. Gonzáles Quintero opts for the Academic interpretation of Hume’s skepticism, applying it to both his Treatise and the first Enquiry, and extending it to both of Kant’s Critiques—an area much less explored in the context of ancient skepticism. She thus heads into a complex philosophical landscape.The reader may be somewhat puzzled by the book’s subtitle, one which seems to add yet another theme to its already broad structure. However, as Gonzáles Quintero explains in the Introduction, she wants to take the discussions of Academic skepticism beyond the field of empirical science and concentrate on the attitude of the skeptics towards metaphysics; her aim is to show how Cicero, Hume, and Kant “used skeptical means to examine the justification of metaphysical claims and to determine, in this way, which resulting beliefs could be held non-dogmatically and for practical purposes” (1). Perhaps then, the book may be more accurately titled Academic Skepticism and Metaphysics: Cicero, Hume and Kant.Though this may seem a reduction in the scope of the topics, in this particular case it is an expansion, since the author reconstructs how the attitude of the skeptics to metaphysics unfolds from their general epistemological skepticism concerning the limits of reason. She divides the book into three main parts (Cicero, Hume, and Kant), with the first chapter of each part describing the skeptical method of that particular philosopher or school, and the second examining its application to metaphysical matters. This is a huge undertaking for one book, requiring the author to navigate a vast field of philosophical material, including a significant amount of primary and secondary literature, while turning it all back toward the main question concerning the role played by Academic (Carneadean) skepticism in the ancient, Humean, and Kantian treatments of religion and other metaphysical issues. The danger of topic-overload arises and a selective approach is crucial to avoid “dropping the ball.” Gonzáles Quintero tackles this task with varying success. [End Page 346]The first chapter of the first part of the book provides a thorough analysis of Academic skepticism and how it differs from Pyrrhonism and stoicism. With an extensive knowledge of scholarly debates on ancient skepticism, the author discusses various nuances in the relationship between radical Pyrrhonism and Arciselaus of the Second Academy, moving on, predictably, to Carneades of the Third Academy, who proposed a moderate version of skepticism based on evaluating the degree of persuasiveness of impressions. Such impressions deserve non-dogmatic approval and can thus reduce the scope of epoché; they motivate our search for truth while admitting our fallibility; and they guide us in practical matters. Her argument that assenting to persuasive beliefs contains a rational (normative) aspect perhaps deserves further discussion; for the ancient skeptics the criterion of persuasiveness was subjective and unstable, reflecting our momentary feelings about appearances.In the chapter on metaphysics, the author compares Cicero’s skeptical method in De Natura Deorum (DND) and the Tusculan Disputations. In the former, Cicero (through the character of Cotta) abandons skeptical principles (which would prevent us from defining the nature of the gods) for the sake of the practical usefulness of religious rituals as endorsed by the Stoics; while for the Epicureans (Velleius) the gods (or some cosmic Deity) are utterly unconcerned by our world, for the Stoics (Balbus) they care about human affairs—thus this latter stance supports the state religion that Cicero... (shrink)

As its title suggests, this is a book about constitutional interpretation. More specifically it is an articulation and defense of that particular method of constitutional interpretation, known as originalism, which looks to the original intent of the constitution’s framers as a benchmark against which interpretation is to be made. Professor Whittington believes “that originalism is the method most consistent with the judicial effort to interpret the written constitutional text and that an originalist jurisprudence facilitates (...) the realization of a political system grounded on popular sovereignty”. I think it is fair to say that in the current legal, political, and philosophical climate, originalist theories are pretty much on the defensive, which makes Whittington’s book all the more timely and valuable. (shrink)

By analysing original sources and evaluating conceptual frameworks, this book discusses the idea proclaimed in the Preamble to the Constitution that Australia is a federal commonwealth. Taking careful account of the influence which the American, Canadian and Swiss Constitutions had upon the framers of the Australian Constitution, the author shows how the framers wrestled with the problem of integrating federal ideas with inherited British traditions and their own experiences of parliamentary government. In so doing, the book explains how the Constitution (...) came into being in the context of the groundswell of federal ideas then sweeping the English-speaking world. In advancing an original argument about the relationship between the formation of the Constitution, the representative institutions, configurations of power and amending formulas contained therein, fresh light is shed on the terms and structure of the Constitution and a range of problems associated with its interpretation and practical operation are addressed. (shrink)

The coronavirus has affected almost all sectors of the economy. Some areas have suffered and declined, while others have developed and benefited from the pandemic. Due to the COVID-19 pandemic, economies around the world have experienced a downturn. The effects of the pandemic will undoubtedly reverberate around the world for decades to come. The global threat of the COVID-19 epidemic has greatly affected people, families, communities and businesses. Countries have begun implementing a wide range of measures both within and between (...) countries to combat the humanitarian and commercial impact of COVID-19. The effects of the worldwide epidemic and the emergency situations to be taken in this context were felt more and more in business life. Considering that the epidemic progressed very quickly, it was observed that it caused constant negative pressure on business and stock markets. This situation is interpreted as a harbinger of a global crisis. On the other hand, issues such as disruptions in supply and distribution channels, closure of workplaces and ports, disruption of customs processes, lack of manpower and decrease in consumption, operations in the stock market continued in a negative direction day by day. The consistent exposure of COVID-19 around the world, especially in developing economies, suggests that developing economies are seen as a major driver of macroeconomic instability compared to developed countries. After the initiation of economic reforms, with the increase of national income, aggregate production and employment, the trend of increasing economic volatility in developing economies has also been observed. Considering all this, it can be noted that the topic of the article is quite relevant. In the article, the negative impact of the pandemic on the economy of the world, as well as Azerbaijan, is examined in a broad aspect, and the methods of eliminating the damage caused by it are determined. (shrink)

In this Article, I assess James E. Fleming’s Fidelity to Our Imperfect Constitution. For Moral Readings and Against Originalisms. For that purpose: in Part II, I reexamine Ronald Dworkin’s “moral reading”; in Part III, I reevaluate Fleming’s argument both “for moral readings and against originalisms”, which can be characterized as “fidelity to our imperfect constitution”; in part IV, I explicit three very helpful dichotomies to distinguish between moral readings, originalisms and legal pragmatism aka living constitutionalism: (1) fidelity and anti-fidelity; (...) (2) interpretation and non-interpretation aka (re)construction, (re)invention and (judicial) legislation; and (3) perfectionimperfection. Additionally, I reintroduce Lon L. Fuller’s distinction between “intelligent and unintelligent fidelity”, to point out the kind of fidelity that moral readers and everyone else must adopt: an intelligent fidelity; and, finally, I present my general conclusion. (shrink)

In this paper I defend constitutional review against the charge that it neces- sarily runs afoul of democratic principle. In so doing, I draw both on Dworkin’s theory of constructive interpretation as well as Raz’s theory of detached normative statements and reasoning from a point of view. After arguing that constructive interpretation can be undertaken from a point of view other than that of the interpreter, I go on to argue for the following claims: (1) Constitutional (...) interpretation and review can be undertaken from the point of view of the democratic community and its constitutional morality; (2) This process can be undertaken by a judge without the deliberate intrusion of her own personal moral convictions; (3) When undertaken from this point of view, constitutional interpretation and review can be rendered consistent with democracy; and (4) This is so even when these activities require a good deal of substantive moral reasoning and argument on the part of judges. (shrink)

This essay examines the textual evidence and arguments for two rival ways of interpreting Xunzi's accounts of the origins and normative bases of ritual and the Way: a human-centered line of interpretation which maintains that the moral order constituted by the Confucian Way and its ritual tradition was the artificial creation of a group of ancient sages, and a Heaven-centered line of interpretation which maintains, in contrast, that those same sages based the Confucian Way and its ritual (...) tradition on a cosmic moral order that they discovered already existing in the world. It argues that the weight of textual evidence best supports a version of the former view, and shows that three representative versions of the latter view do not withstand critical scrutiny. (shrink)

Social norms of responsibility are shared beliefs on what constitutes responsible behavior, and they play a significant role in determining CSR. This study analyzes how social norms of responsibility permeate corporate boundaries and influence CSR through political leaders, corporate executives, employees, and the public. Socially irresponsible behaviors of the above populations are used as proxies for local social responsibility norms and related to CSR ratings for firms headquartered in the twenty largest U.S. metro areas. The empirical results show that firms (...) headquartered in cities with more responsible social norms exhibit higher ESG scores even after controlling for various demographic, regional, and economic factors. Social responsibility norms encourage firms to be more responsible but are ineffective in deterring irresponsible corporate behaviors. Corporate and political leaders are the essential channels through which social norms of responsibility influence CSR, highlighting the importance of instituting regulations and setting high ethical standards for political and business leaders. This study also demonstrates that social norms have a significant impact on firms with leaders who are more susceptible to local social norms (i.e., local leaders) than non-local leaders. In addition, this study documents a negative bias for responsible social norms in that they condemn irresponsible behaviors more than reward responsible ones. Collectively, the above findings underline the importance of social norms of responsibility in shaping CSR and provide additional insights into societal motivations for CSR. (shrink)

This chapter is an essay in a volume that examines constitutional law in the United States through the lens of H.L.A. Hart's "rule of recognition" model of a legal system. My chapter focuses on a feature of constitutional practice that has been rarely examined: how jurists and scholars argue about interpretive methods. Although a vast body of scholarship provides arguments for or against various interpretive methods -- such as textualism, originalism, "living constitutionalism," structure-and-relationship reasoning, representation reinforcement, minimalism, and (...) so forth -- very little scholarship shifts to the meta-level and asks: What are the considerations that jurists and scholars bring to bear in arguing that one or another interpretive method is legally favored? And can we "make sense" of this body of argument? Is there a model of legal discourse that both accurately describes how U.S. jurists and scholars actually argue about interpretive methods, and that vindicates this discourse (in the sense of seeing these actors as making valid arguments)? I find that Hart's rule-of-recognition model fails to describe or vindicate how U.S. jurists and scholars argue about interpretive methods. The problem, in a nutshell, is that Hart sees legal argument as asserting or presupposing the social fact of contemporary official acceptance of a rule of recognition. By contrast, jurists and scholars typically point to social facts other than contemporary official acceptance in arguing for the legal status of an interpretive method -- for example, the fact that the method is supported by Framers' intent, or by U.S. culture and tradition, or by precedent. Further, jurists and scholars very often argue that some interpretive method is legally favored even though the method is controversial. On Hart's model, such a claim is problematic -- because, on his model, the content of the rule of recognition is not controversial, but rather a matter of consensus among officials. The upshot may just be that Hart's model is a failure. However, another possibility is to adopt an "error theory" of U.S. constitutional discourse. It may perhaps be the case that U.S. jurists and scholars often make claims for the favorable legal status of some interpretive method that are inconsistent with the best understanding of the nature of law. (shrink)

Eye contact is an essential element of human interaction and direct eye gaze has been shown to have effects on a range of attentional and cognitive processes. Specifically, direct eye contact evokes a positive affective reaction. As such, it has been proposed that obstructed eye contact reduces emotional mimicry. So far, emotional mimicry research has used averted-gaze faces or unnaturally covered eyes to analyze the effect of eye contact on emotional mimicry. However, averted gaze can also signal disinterest/ disengagement and (...) censor bars obscure eye-adjacent areas as well and hence impede emotion recognition. In the present study, we used a more ecological valid approach by showing photos of actors who expressed either happiness, sadness, anger, or disgust while either wearing mirroring sunglasses that obstruct eye contact or clear glasses. The glasses covered only the direct eye region but not the brows, nose ridge, and cheeks. Our results confirm that participants were equally accurate in recognizing the emotions of their counterparts in both conditions. Further, in line with our hypotheses, participants felt closer to the targets and mimicked affiliative emotions more intensely when their counterparts wore glasses instead of sunglasses. For antagonistic emotions, we found the opposite pattern: Disgust mimicry, which was interpreted as an affective reaction rather than genuine mimicry, could be only found in the sunglasses condition. It may be that obstructed eye contact increased the negative impression of disgusted facial expressions and hence the negative feelings disgust faces evoked. The present study provides further evidence for the notion that eye contact is an important prerequisite for emotional mimicry and hence for smooth and satisfying social interactions. (shrink)

he Troy controversy (2001–2005) illustrates the substantial impact of mass media on academic discourse among specialists. Triggered by a disputed exhibition, the controversy breaks out in the mass media and quickly escalates. In leading newspapers, Germany’s most renowned archeologists discuss findings and their interpretation in Troy research fiercely. The public Troy controversy is best characterized as an inter-specialist debate since lay people virtually have no say. The chapter provides an overview of the course that the public and the (...) subsequent academic controversy take over time. This is followed by a detailed account of the public debate’s argumentative structure. The analysis shows that the public debate exerts a catalytic influence on academic discussion - not simply as a result of the mass media’s pervasiveness and their amplification potential but by virtue of the discursive configuration of the mass media controversy. (shrink)

Immersive 360-degree video has become a new learning resource because of its immersive sensory experience. This study examined the effects of textual and visual cues on learning and attention in immersive 360-degree video by using eye-tracking equipment integrated in a virtual reality head-mounted display. Participants were randomly assigned to one of four conditions: no cues, textual cues in the initial field of view, textual cues outside the initial FOV, and textual cues outside the initial FOV + (...) visual cues. The results showed that the cues helped learners achieve better learning outcomes and spend more time focusing on the areas with cues. In addition, the study found a serious imbalance in the distribution of learners’ attention in each region of the video. The attention directed to textual cues in the initial FOV is much higher than the attention directed to textual cues outside the initial FOV. Adding visual cues can effectively direct attention to textual cues outside the initial FOV and alleviate the imbalance of attention distribution. Consequently, adding cues to immersive 360-degree video can be an appropriate approach to promote learning and guide attention in immersive 360-degree video learning environments. This study provided new insights into the design and development of immersive 360-degree video instructional resources. (shrink)

We extend research on the effects of local audit office characteristics on audit quality by investigating whether audit offices in highly religious U.S. Metropolitan Statistical Areas exhibit going concern decisions that reflect heightened professional skepticism relative to audit offices in less religious MSAs. Prior research links religiosity to risk aversion and ethical development and suggests audit practice offices in more religious MSAs are more likely to issue going concern opinions because they will assess the effects of mitigating factors in a (...) more skeptical manner. Our results indicate that audit practice offices located in highly religious MSAs are more likely to issue going concern audit opinions, consistent with a more skeptical assessment of mitigating factors. Additional tests provide direct evidence consistent with the argument that these audit offices are more risk averse in issuing going concern opinions. Our findings are relevant to auditors, audit clients, researchers, and regulators. (shrink)

In the wake of the brave voices of the #metoo movement, Buddhist responses to sexual abuse have led to important questions about Buddhist sexual ethics and the female consort in Tibetan cultures. One issue raised by current debates is the question of who is an appropriate consort, a discourse that has historical precedent. These debates highlight the gaps left by the understudied history of consorts in Tibetan tantric communities. This research addresses that history through a study of female consort discourse (...) in key scriptures of the Great Perfection from the fourteenth century. The text studied is The Ḍākki’s Path and Fruit, which is part of a corpus known as The Seminal Heart of the Ḍākinī. The scriptures are analyzed in terms of taxonomic discourse, interpreted with attention to structures of knowledge production as described by Foucault. It addresses the discursive transformations that facilitated the inclusion of women in the androcentric world of esoteric Tibetan Buddhism. Overall, the argument is made that this scripture sheds light on how knowledge of women and sexuality was constructed in a web of ever-changing, contradicting, competing discourses that reflect an ambivalent misogyny that simultaneously promoted and subjugated women. (shrink)

We extend research on the effects of local audit office characteristics on audit quality by investigating whether audit offices in highly religious U.S. Metropolitan Statistical Areas exhibit going concern decisions that reflect heightened professional skepticism relative to audit offices in less religious MSAs. Prior research links religiosity to risk aversion and ethical development and suggests audit practice offices in more religious MSAs are more likely to issue going concern opinions because they will assess the effects of mitigating factors in a (...) more skeptical manner. Our results indicate that audit practice offices located in highly religious MSAs are more likely to issue going concern audit opinions, consistent with a more skeptical assessment of mitigating factors. Additional tests provide direct evidence consistent with the argument that these audit offices are more risk averse in issuing going concern opinions. Our findings are relevant to auditors, audit clients, researchers, and regulators. (shrink)

The use of genetic testing and neuroscientific evidence in legal trials raises several issues. Often their interpretation is controversial: the same evidence can be used to sustain both the prosecution’s and defense’s argument. A recent Italian case confirms such concerns and stresses other relevant related questions.

The starting point for studying the Croatian constitutional democracy is the adoption of the Constitution of the Republic of Croatia on 22 December 1990. The said Constitution defines the system of government as semi-presidential and its authors state as their model the Constitution of the Fifth Republic. However, the importing, in 1990, of French constitutional provisions was not neutral since the original French constitutional text was stripped of institutional obstacles, constitutional institutions for opposing the will of (...) the President of the Republic, constitutional-law conditions for the Prime Minister's primacy in the political system in case of co-habitation and discrepancies between the parliamentary and the presidential majority. The text was complemented by constitutional norms unknown to the original. French constitutional norms had to be put to good use, interpreted in line with and legally adapted to the desired political goal, i.e., the establishment of an effective state government in which the primacy of the President of the Republic would assert itself over both the Government and the legislature. The myth on the semi-presidential system was drawn on for both the adoption of the provisions regulating the organisation of government in the 1990 Constitution of the Republic of Croatia and their amendment in 2000. (shrink)

BackgroundPerinatal bereavement is an event that greatly impacts the emotional, psychological, and psychosocial aspects of those who want to have a child.ObjectivesSince there are few studies on the psychological impact of the COVID-19 pandemic on couples grieving for perinatal loss, this research aimed to survey this experience.ParticipantsBetween 2020 and 2021, in Italian provinces highly affected by the COVID-19 pandemic, 21 parents participated: 16 mothers and 5 fathers, among which there were 4 couples.MethodsA mixed-method design was used through self-report questionnaires (...) and in-depth interviews. Accompanied by a sociodemographic form, the following questionnaires were administered: Prolonged Grief-13, the Parental Assessment of Paternal Affectivity, the Parental Assessment of Maternal Affectivity, the Dyadic Adjustment Scale short version, the Daily Spiritual Experiences Scale, and the Impact of Event Scale-Revised. The texts obtained through the in-depth interviews underwent thematic analysis.ResultsFifty per cent of participants suffered from Post-Traumatic Stress Disorders symptoms and 20% suffered from relational dyadic stress. Four areas of thematic prevalence emerged: psychological complexity of bereavement, the impact of the COVID-19, disenfranchisement vs. support, and spirituality and contact with the lost child. Participants interpreted their distress as related to inadequate access to healthcare services, and perceiving the pandemic restrictions to be responsible for less support and lower quality of care. Furthermore, they needed psychological help, and most of them were unable to access this service. Spirituality/religiosity did not help, while contact with the fetus and burial did.ConclusionIt is important to implement psychological services in obstetrics departments to offer adequate support, even in pandemic situations. (shrink)

The purpose of this paper is to critically examine the endangered status of the concept of citizenship. The methodology employed consists of textual analysis and philosophical argumentation. The main findings of the paper are: The boundary of the meaning of citizenship keeps changing. Citizenship constitutes one of the most worrisome sources of conflict in modern states. There is no objectively correct interpretation of citizenship, both in its historical and contemporary understanding.The conclusion drawn from the findings is that various (...) factors, especially the multicultural character of most contemporary societies, are impinging on the possibility of developing a theory of citizenship that is universally applicable and globally acceptable. (shrink)

The efforts to prove God's existence in the history of thought have been one of the fundamental problems of philosophy and theology, and even the most important one. The evidences put furword to prove the existence of God constitute the center of philosophy of religion’s problems not only philosophy of religion, but also the disciplines such as theology-kalam and Islamic philosophy are also seriously concerned. When we look at the history of philosophy, it is clear that almost all philosophers are (...) interested in the evidence in favour of and against the existence of God. Especially in recent times, religious experience has often been regarded as evidence of the existence of God. Studies in the field of religious and mystical experience have put forward many arguments concerning the use of religious experience as evidence. However, this study has been limited to experience of sense and pure consciousness claims rather than examining all of these arguments. In this study firstly, the analogy between experience of sense and religious experience will be deal with, and then claims that conciousness can be emptied by a number of methods which are defended by mystics. In addition, it will be tried to defend the opinion that the mystical experiences which are the common point of the two approaches are valid. The main emphasis of the article will be that these arguments can be used as evidence for the existence of God.Summary: Religious experience - which has not been considered as one of the classical evidences regarding the existence of God before being popular by recent studies – is started to be called one of the arguments. The most important reason for not arguing religious experience among the evidences of God’s existence is that it is a personal experience and therefore contains subjective perspectives. However, many researchers, who refuse to accept the criticism raised against religious experience with restricting to subjectivity, emphasized the importance of religious experience by highlighting the objective aspects of such experiences. This emphasis was not only on its significance, but also on the fact that it had a cognitive feature and thus it could provide evidence for the existence of God. The argument of religious experience is generally defined as an effort for demonstrating to existence of God with reference to several feelings such as spiritual experiences of human in face of creator and sacred Being, encounter with God, uniting, and annihilating selfness in Him. The emergence of such efforts, especially after the XVIIIth century, indicates that the history of the evidence does not go back much earlier. However, even if notas evidence, it is possible to extend the traces of religious and mystical experience to the history of religions such as Buddhism and Hinduism. Considering a great amount of the previous literature focused on religious experience in the West, It is easily seen that such research is still new. The main purpose in addressing such a controversial issue is to make the argument on the religious experience more current and to show whether the religious experience would be able to use as evidence for the existence of God.First title of this study comprises many different claims such as Walter T. Stace’s The Argument from Unanimity Richard Swinburne’s The Principle of Credulity, William P. Alston’s Perceiving God, John Hick’s Experience-as. However, instead of briefly giving out very different claims, the study chooses to focus on two arguments which are less discussed and can be given in more detail. The first is the argument based on the analogy between the religious experience and the sense experience. The fundamental point of this argument is sense experience. With reference to the similarities between the sense experience and the religious experience, it can be argued that religious experience is also cognitive and may function as an evidence for the existence of God. In other words, being perceptual and noetic, namely cognitive, of sense experience is addressed as a similar side of religious experience. Whether it is imaginary or real, eventually, it is necessary for an experience to have an object and being experience of something. Therefore, the religious experience includes the perception of a Transcendent Being that is beyond and in excess of the individual who experiences. Perception of the sense experience will definitely be different from the perception of religious experience. Researchers who think that the five sense organs do not run the perception of Sacred Beings, identified broader and various meanings for the perception. Thereby, in this approach, where the semantic field of perception is expanded, it was contended that human beings were able to perceive the transcendent, eternal, and unlimited God, and this can be explained in the epistemological sense. In order to use religious experiences as an evidence for the existence of God, it is necessary to determine whether such experiences are caused by God rather than something else. This raises the issue of the validity of religious experience. The researchers in this area have propounded various criteria to identify whether religious experience is existed or not. Experiences, which do not meet the criteria, are not considered existed even if they claim to be religious experience.The second is the argument that discusses whether it is possible to suggest an evidence for the existence of God by utilizing pure consciousness events. In general, this argument claims that the consciousness gets clear, and thus, mystic or Sufi experiences the Divine One with pure consciousness by discharging consciousness from all sensual contents and removing it from secular desire and wishes. The argument, which claims the experience of Divine One is direct, therefore uninterpretable, and experienced by pure consciousness, believes clearing the consciousness of mystics from sensual qualities such as seeing, hearing, and tasting. It is stated that it is possible for mystics to empty their sensory images and get rid of them, and thus, their desires and wishes could be lost. Especially, the thinkers who are connected with the philosophy of perennialism and defend this approach, thought that people, who have distinct religion, culture, and beliefs in different parts of the world and in various time periods, had the same experience and considered such experiences were universal by suggesting that this similarity could be called as common essence.Even though the claim which offers that the events of pure consciousness are the same everywhere have been criticized in many respects, the advocates of this approach have argued that the experience has the common essence, but the interpretation is different. This relationship, which was tried to be established between experience and commentary, caused a lot of work for both the thinkers who put forward the claims of pure consciousness and the researchers who opposed it. However, examining the relationship between experience and interpretation requires serious studies in socio-psychological, cultural and religious fields. Therefore, in order not to exceed the limits of the article, the relationship between experience and interpretation is briefly mentioned.While discussing two arguments, the main claims of the arguments were addressed, and the criticisms directed to this argument were not discussed as much as possible. However, some fundamental criticisms have been mentioned shortly for a better understanding of the discussion. Since such western-oriented claims mostly were deployed in a western context, the study excluded the comparison of the claims across different cultures. (shrink)

This article examines the role of normative hierarchies in constitutional argumentation. A threefold distinction between formal, material, and axiological hierarchy is employed. The correlative concepts of formal validity, material validity, and applicability are also briefly described. Within this framework, four cases are analysed: Decisions 1146/1988 and 10/2010 of the Italian Constitutional Court, and Kadi I and Opinion 2/2013 of the Court of Justice of the European Union. As a result, it is argued that axiological hierarchies are frequently used (...) to reshape certain fundamental legal arrangements, namely, the hierarchy of sources (Decision 1146/1988 and Kadi), competence clauses (Decision 10/2010), and interpretive methodologies (Opinion 2/13). (shrink)

This essay examines how biocentric positions assess the aims and planned products of synthetic biology. In this emerging field, scientists and engineers aim at designing and producing new life forms by various procedures. In this paper I explore whether, for biocentrists, 1) synthetic organisms have moral standing and, 2) the process of synthesising living organisms has moral implications. Because naturalness plays a role in some biocentric theories, synthetic biology — at first sight — seems to challenge the idea that all (...) living organisms have moral standing. However, according to the interpretations that I offer, the biocentric positions discussed here would also assign moral standing to synthetic organisms. That living organisms have moral standing does not necessarily imply that it is morally problematic to synthesise them. However, different lines of biocentric argumentation suggest that in designing and synthesising living organisms, the moral standing of the product needs to be taken into account. This means among other things, that according to biocentrists, such procedures may lead to special responsibilities or require certain attitudes from scientists towards their products. (shrink)

Public lecture delivered 14 October 2002: This lecture explores two areas of today’s dominant mentality that is associated with the natural sciences and that is fast becoming global. Two worldviews stand out: the mechanistic worldview and the evolutionary worldview. The lecture explains the main features of each and highlights some of their implications as regards the idea of God.

Constitutional interpretation is problematic because it can be difficult to distinguish legitimate interpretation from illegitimate change. The distinction depends largely on what a constitution is. A constitution, like any other law, necessarily has a meaning, which pre-exists judicial interpretation: it is not a set of meaningless marks on paper. Any plausible constitutional theory must offer an account of the nature of that meaning. In doing so, it must address two main questions. The first is whether (...) the meaning of the constitution is given solely by its words, or also by additional evidence of underlying intentions, purposes or values. The second question is whether, in either case, its meaning is determined by the original meanings, intentions, purposes or values of the founding generation, or by contemporary meanings, intentions, purposes or values. This question divides so-called 'originalists' from 'non-originalists'. This article discusses all these alternatives, and the main arguments for and against them. It is subtitled 'Originalism' because it defends a moderate version of that position; however, it is argued that this is equivalent to a moderate version of non-originalism. (shrink)

This article first of all attempts to assess the proposals of 2006–2007 to amend Poland’s Constitution, aimed mostly at strengthening constitutional protection of unborn human life. Parliamentary work on this proposal begins with the submission of the Deputy’s bill on amendment of the Constitution, published in the Sejm Paper No. 993 of September 5, 2006, and ends with a series of votes at the 39th sitting of the Sejm of the fifth term of office, held on April 13, (...) 2007, on which it was decided not to adopt any amendment. In the course of the legislative process, several modifi cation were offered not only to Article 38 concerning protection of life, but also to Article 30 dealing with dignity as a source of rights. Each of these proposals had drawbacks, including inter alia: the lack of a definite period of protection or entitlement to dignity, resulting in the decreased protection in relation to issues concerning euthanasia; the application of new categories granting a specific status to unborn human life; specifying the standards for protection by means of legislative acts ranking lower than a constitution, resulting in the transfer of life protection into the sphere of regulation of ordinary legislation. The most conducive for strengthening of the protection of unborn human life, even if not free of imperfections, was an amendment of Article 30 proposed by the Committee in the following wording: “The inherent and inalienable dignity, conferred on the person from the moment of conception, shall be a source of freedoms and rights of persons and citizens. It shall be inviolable; the respect and protection thereof shall be the obligation of public authorities.” From the rejection of the proposals it is diffi cult to draw conclusions that are vital for interpretation of the existing provisions. However, a conclusion that the intention of the authors of the constitution was not to strengthen the constitutional protection of life is not legitimate, mostly because of their doubts about formal correctness of the proposed amendments (when deciding to reject them), particularly the doubts about legal consequences of their adoption. -/- Streszczenie Zasadniczym celem opracowania jest próba całościowej oceny propozycji nowelizacji Konstytucji RP mającej miejsce w latach 2006-2007, zmierzającej przede wszystkim do wzmocnienia konstytucyjnej ochrony życia człowieka przed narodzeniem. Prace parlamentarne nad analizowaną nowelizacją otwiera poselski projekt ustawy o zmianie Konstytucji zawarty w druku sejmowym 993 z dnia 5 września 2006 (projekt wpłynął do Sejmu 7 września); zamyka seria głosowań na 39 posiedzeniu Sejmu V kadencji, dnia 13 kwietnia 2007 roku; głosowań, które przesądziły o niewprowadzeniu żadnych zmian. W trakcie procesu legislacyjnego proponowano szereg formuł, zmieniających nie tylko art. 38 dotyczący ochrony życia, ale także art. 30, który dotyczy godności jako źródła praw. W zasadzie wszystkie zgłoszone propozycje posiadały wady, wśród których najważniejsze to: brak domknięcia okresu ochrony lub przysługiwania godności, skutkujący obniżeniem ochrony w kwestiach związanych z eutanazją; stosowanie nowych kategorii, prowadzące do nadania specyficznego statusu człowiekowi przed narodzeniem; określanie standardu ochrony za pośrednictwem aktów o randze niższej od konstytucji, prowadzące do przesunięcia ochrony życia przed narodzeniem w sferę ustawodawstwa zwykłego. Z punktu widzenia celu, jakim było wzmocnienie konstytucyjnej ochrony życia człowieka przed narodzeniem i wzmocnienie jego pozycji prawnej, najlepsza, choć nie pozbawiona usterek, była zaproponowana przez Komisję zmiana brzmienia art. 30 prowadząca do formuły: „Źródłem wolności i praw człowieka i obywatela jest przyrodzona i niezbywalna godność człowieka, przynależna mu od chwili poczęcia. Jest ona nienaruszalna, a jej poszanowanie i ochrona jest obowiązkiem władz publicznych.”. Na podstawie odrzucenia propozycji zmian trudno wyciągać wnioski istotne dla interpretacji aktualnie obowiązujących przepisów; wniosek, że ustrojodawca nie chciał wzmocnienia konstytucyjnej ochrony życie nie jest prawomocny, przede wszystkim ze względu na – istotne w procesie podejmowania decyzji o odrzuceniu propozycji zmian – wątpliwości, co do formalnej poprawności formułowanych propozycji, w tym wątpliwości co do konsekwencji prawnych ich przyjęcia. (shrink)

This article uses Public Use Microsample data drawn from the 1990 census to explore the relationship between military presence, defined as the percentage of the local labor force in the active-duty armed forces, and women's employment and earnings across local labor market areas in the United States. Comparisons of local rates of unemployment and mean women's earnings are made between those LMAs in which the military plays a disproportionate role in the local labor market and those in which military presence (...) is low. Results suggest that women who live in labor market areas with a substantial military presence have, on average, lower annual earnings and higher rates of unemployment than their counterparts who live in nonmilitary LMAs. The argument is made that through the interaction of several socially situated conditions—including gender, family, labor markets, human capital, and place—the military emerges as a source of inequality in labor market outcomes for women working on or around military installations. (shrink)

continent. 1.4 (2011): 242—252. Introduction The following two works were produced by visual artist Jonas Staal and writer Vincent W.J. van Gerven Oei during a visit as artists in residence at The Bag Factory, Johannesburg, South Africa during the summer of 2010. Both works were produced in situ and comprised in both cases a public intervention conceived by Staal and a textual work conceived by Van Gerven Oei. It was their aim, in both cases, to produce complementary works that (...) could be read “through each other,” in which the movement of artistic construction would be imitated by textual deconstruction and vice versa. Both works deal with the way in which capital, apartheid, and monumentality are interwoven in South-African society. The Missing Link addresses a monument for democracy, erected on the premises of a private corporation running both an amusement park and the Apartheid Museum franchise. The textual intervention accompanying this public intervention investigates the limits of the inclusiveness of the anti-discrimination section in the South-African constitution, itself a monumental work of democracy. The Monument for the Distribution of Wealth deals with the history and eventual dissolution of a monumental square, commemorating the Soweto Uprising, in one of the poorest townships of Johannesburg. The history accompanying this public dismemberment of memory is equally fragmented, which is expressed by the many voices recounting uncertain and perhaps even irrelevant “facts” about the genius loci, the way in which the memorial space has actually entered into the memory of the inhabitants surrounding it. Next to their individual practices, Staal and Van Gerven Oei have worked together on a number of projects ever since 2007, including several art residencies. Their work involves an investigation of the different interfaces between art, politics, and public space in media ranging from theater and public interventions, to video installations and (co-authored) textual works. The Missing Link Missing Link (1) Missing Link (2) Missing Link (3) Intervention on the monument entitled The Seven Pillars of the Constitution , part of the Apartheid Museum in Johannesburg, South Africa. The Seven Pillars represent the constitutional values propagated in South Africa since the abolition of the apartheid regime. The monument and museum were built by the Gold Reef Resorts corporation, which is also responsible for the theme park and casino next to it. By placing the word “capitalism” on the wall surrounding the museum, the capitalist system and the constant social divisions that it implies are interpreted as sophistic continuations of apartheid politics. Through the capitalist system, apartheid is still operational within South African society. Whereas during the apartheid regime, the separation clearly ran along race divisions, in the current, “democratic” system, the same actual separation is sustained without it being an explicit element of the foundations of the country, i.e. the constitution. This intervention foregrounds the constant role of capitalism is both periods. At the same time the intervention acknowledges that contemporary Western artisthood is a mirror of the privileges that are offered by the capitalist system, and the type of artist that it produces. The intervention initiates a critical discourse concerning the capitalist system situated within the disaster of capitalism itself, in other words: through the desire to break with the presumption that art would be able to operate outside the capitalist system and to confirm that art—and the artist himself—is in fact modeled on this system. The public intervention by Staal was supplemented by a textual intervention by Van Gerven Oei: a proposition to alter the seventeenth amendment of the South African constitution. Even though the anti-discrimination legislation in South-Africa is one of the most stringent and inclusive in the world, one factor—wealth—remains outside its scope, thus continuing the schisms along racial lines produced during the apartheid regime: §9.3. The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, birth, and wealth. Monument for the Distribution of Wealth Intervention concerning the June 16 Memorial Acre in Central Western Jabavu, one of the poorest townships of Johannesburg. The monument comprises a park on which different are placed recalling an important protest the black population against the former apartheid regime. In 1976, from a school adjacent to the park, they started a massive protest against the introduction of Afrikaans in the school curriculum. The police reacted violently, and shot several hundreds of students. The construction of the June 16 Memorial Acre was started in 2005, and from the start was the paragon of corruption. Coordinated by local politicians, some family members of the protest leader from 1976 gained control of the realization of the monument, outside the regulation through external institutions. The available budget of 41 million rand (at that time well over 5 million euro) was largely embezzled. In the meantime, the monument has become fully dilapidated and defaced. The park has become overgrown with weeds and covered in a layer of dirt, and the local population is slowly plundering the square to use the material for the construction and decoration of their own houses. The Monument for the Distribution of Wealth develops the dynamics already existent around the June 16 Memorial Acre. Without obtaining official permission in advance, several local inhabitants were hired to break down the monument, sort the materials, and offer it to the neighborhood. Thus, the redistribution of wealth after the fall of the apartheid regime is finally taking place, albeit from the mere remains of the capital that was once invested in the community. The words “monument” and “for free” are spray-painted on the stacks of material, both in English and Zulu, as these are locally the most common languages. Van Gerven Oei supplemented Staal’s public intervention with an account of the history of the monument based on a series of interviews. The account clarifies how the different interests within the protest 1976 are reflected in the exceeding decay of the park, and how in the end those interests were represented by the June 16 Memorial Acre. Monument for the Distribution of Wealth 1: Removing stones Monument for the Distribution of Wealth 3: Pulling down statues Monument for the Distribution of Wealth 4: Offering the material Monument for the Distribution of Wealth 5: Offering the material Monument for the Distribution of Wealth 6 The next day A Fragmentary History of the Monument for the Distribution of Wealth, Formerly Known as the June 16 Memorial Acre in Central Western Jabavu, Soweto Vincent W.J. van Gerven Oei The following text, based on interviews and online research aims to provide parts of a history of the park in front of Morris Isaacson High School in Central Western Jabavu, Soweto. The idea for the transformation of the park into a memorial site has its source in the events of June 16, 1976: the start of the the student uprising in Soweto. The development of the park was started in the early 1980s, and the actual transformation into a memorial site, the June 16 Memorial Acre, was initiated in 2005. Over the last few years, several monumental additions have been made to the park: A marble monument with three pillars was revealed on June 16, 2006. A sculpture of a book and several billboards on June 16, 2008. A sculpture of student leader Tsietsi Mashinini on June 16, 2010. The park was transformed into the Monument for the Distribution of Wealth on August 3, 2010. According to the entry “Youth Struggle” on the website South African History Online, the Bantu Education Act was introduced in 1953 . In 1954 , Dr Verwoerd, Minister of Native Affairs, stated: “What is the use of teaching the Bantu child mathematics when it cannot use it in practice? That is quite absurd.” According to the entry “Soweto uprising” on Wikipedia, the Afrikaans Medium Decree was issued in 1974 , forcing all black schools to use Afrikaans and English in a 50-50 mix as languages of instruction. The Regional Director of Bantu Education (Northern Transvaal Region), J.G. Erasmus, told Circuit Inspectors and Principals of Schools that from January 1, 1975 , Afrikaans had to be used for mathematics, arithmetic, and social studies from standard five (7th grade). English would be the medium for general science and practical subjects. Indigenous languages would be used for religion instruction, music, and physical culture. According the entry “Soweto uprising” on Wikipedia, on April 30, 1976 , students from the Orlando West Junior School in Soweto went on strike, refusing to go to school. Their example was followed by other schools in Soweto. A student from Morris Isaacson High School, Toboho “Tsietsi” Mashinini, proposed a meeting on June 13, 1976 to discuss further action. According to Weizmann Hamilton’s article “The Soweto Uprising 1976,” which appeared in the September 1986 edition of Inqaba Ya Basebenzi (Fortress of the Revolution), on June 13, 1976 , the South African Students’ Movement called a meeting at the Donaldson Community Center in Orlando. 300-400 Students representing 55 schools decided to hold a mass demonstration on June 16. According to Brian Mokhele, member of the Joint Community Safety Forum, Dr Edelstein was the first victim of the Soweto uprising and killed the day before the march on June 15, 1976 . Edelstein was an administrator at the pass office in Jabavu and gave golf courses to the local community. Edelstein was put in a garbage bin and pierced by pickaxes. The garbage bin was left at the very spot of the murder for many years. A few years ago, a child was beheaded at the same spot, and the basketball court next to it has been abandoned since. According to Marcus Neustetter, founder of the Trinity Session, this story is untrue. According the entry “Soweto uprising” on Wikipedia, on June 16 , Tsietsi Mashinini led students from Morris Isaacson High School to join up with others who walked from Naledi High School. A crowd of between 3,000 and 10,000 eventually ended up near Orlando High School. According to Raymond Marlowe, a local photographer, Tsietsi Mashinini was heading the march. According to the entry “Hector Pieterson” on Wikipedia, Dr Edelstein died on June 16, 1976 , stoned to death by mob and left with a sign around his neck proclaiming “Beware Afrikaaners.” The first child to die that day was called Hastings Ndlovu. According to Pat Motsiri, Orlando West is claiming struggle heritage through the Hector Pieterson Museum, while Hector Pieterson was from Jabavu. According to Pat Motsiri, his generation effectively struggled between 1980 and 1991, forcing the release of Nelson Mandela and negotiations with the apartheid regime while the 1976-generation was safely in exile. Nevertheless, this has not been recognized in any monument. After the abolition of apartheid, the generation from 1976 returned from exile, occupied important government and ANC positions, creating an abundance of 1976 memorials and refusing to acknowledge that this was only possible because of the younger generation’s struggle. He calls this a generational conflict. According to Archibald Dlamini, the park officer responsible for the Memorial Acre, he started working for the municipality in 1978. In 1981/82 , Isaac Makhele from Pimville, who used to work in the cemetery business, was the first developer of the park. It used to be just a normal park until City Parks decided to develop the Memorial Acre in 2006. In 2007 the work was stopped by the community. According to Brian Mokhele, he left the country in 1989 after he participated in the riots of 1986. But when he returned in 1999 he found that nothing had changed. He says that they were promised to be protected by the Constitution, but that reality is different. The police uses fear to suppress them so that they don’t come out to talk openly. He has been arrested twice, both times harassed and tortured by the police, but in the end always released without indictment. He says that this is their way to threaten communities to back off from politics. According to Moses, who is sitting outside rolling a joint, Brian knows everything. He tells Brian to tell me everything he knows. According to Brian Mokhele, Tsietsi Mashinini was possibly murdered in 1990 during his exile in New York. Two weeks before he was supposed to return to South Africa, his papers in order, he was found dead under mysterious circumstances. His coffin was sealed when he was buried. According to Pat Motsiri, he came up with the idea for the Memorial Acre in 2003 . He submitted the documents for the proposal to the council, which sidelined him as soon as the budget came out in 2005 . According to Brian Mokhele, there was on estimation R 41,000,000 spent to redesign the park and turn it into the Memorial Acre. The millions were divided by Amos Masondo, the mayor of Soweto, the local councilor Bongani D. Zondi, and the director of the city of Johannesburg, Pat Lephunya. They were dividing the money between several contractors: Tsietsi Mashinini’s brothers were involved in the development of the park, they got the tender to do the green areas, the landscaping. Construction was done by other companies, some did the paving, the toilets, etc. EMBA, a private company appointed by the municipality was in control of the money flow, but the money was quickly gone. According to Raymond Marlowe, the contractor bought a BMW with the money. According to Archibald Dlamini, the Mashinini brothers got the tender, so the space would look more like the other places around in Soweto. It was agreed that after they were done, they would return the property to the municipality. They did whatever they could do. According to Mafaisa, a member of the Jabavu business community, he was one of the contractors for the landscaping and the pavement under Mpho Mashinini, one of the brothers. He says that I should contact Mavi for information on Mpho. According to Poi Stuurman, a local youth worker, Mafaisa is one of the guys who ran away with the money. According to Mavi, Mpho Mashinini was never a contractor. The contracts were organized by Sbu Butelezi, the former head of the Gauteng Department for Public Works. The June 16 Foundation and the Mashinini brothers will be the beneficiaries of the park when it is finished. According to Brian Mokhele, City Parks did not accept the Memorial Acre because it was not finished. The rest of the year, the unfinished park is not maintained, as should have happened. This was done deliberately so that in the end they can just clean the whole thing up and have a reason to redo the whole park. According to Brian Mokhele, the Mashinini brothers now work for the government. People that manipulate for money purposes always come from the government’s side. Because the park was left unfinished, the people from the neighborhood are taking away the stones to decorate their own homes with. According to Archibald Dlamini, because City Parks doesn’t accept responsibility of the park, he officially has nothing the guard, except for his cottage, which is municipal property. The thieves come at night and destroy the park, but he cannot do anything because he is sleeping. According to the website of the Thanda Foundation on June 16, 2006 a bronze statue of Hector Pieterson, the first child to die in the 1976 protests, made by Kobus Hattingh and Jacob Maponyane was unveiled in the Maponya Mall in Soweto. The statue is sculpted after the famous image shot by Sam Nzima of Mbuyisa Makhubo carrying the dead body of the boy. The sculpture was sponsored by the Thanda Foundation, founded by the Swedish entrepreneur Dan Olofsson and South-African entrepreneur Matthews Phosa. According to the official website of the City of Johannesburg, the Memorial Acre and Artwork were unveiled in 2006. According to a blog post on sowetouprisings.com, the Memorial Acre was still under development on July 24, 2006. According to Archibald Dlamini, City Parks only cleans up the park once a year just before the June 16 celebrations. Everybody is waiting for the Mashinini brothers to finish their job. The last time he talked with them was in 2007 . According to a sign on the school grounds of the Morris Isaacson High School, the June 16 Trail will be finished in 2008 . According to a blog post on sowetouprisings.com, the Memorial Acre contains another monument erected in Tsietsi’s honor. The monument was created as part of the Sunday Times Heritage Public Art program. Its physical form resembles a giant book which symbolizes the crisis in education experienced in 1976. On the face of the book is the map of the route taken by the students from Morris Isaacson High School in Central Western Jabavu to Phefeni Junior Secondary in Orlando West (currently the site of the Hector Pieterson Museum), while the back cover of the ‘book’ is inscribed with a tribute to Tsietsi Mashinini. The monument was revealed on June 16, 2008 . According to Marcus Neustetter, the billboards on the Memorial Acre were part of a school project realized in 2008. Following several workshops, the students from different high schools along the June 16 Trail were invited to work with artists on the billboards, while the neighborhood community was invited to watch the process during the festivities on June 15 and 16, 2008 . The billboards were supposed to be removed because of construction works on the Memorial Acre, which never ended up happening. According to Brian Mokhele, the former toilet facilities were converted into a house for the park officer. This park officer has been working for city parks for more than 12-15 years, but does nothing here, because the park, including the new toilet buildings, is not finished. The government is now moving around looking for people to take this job because they stopped it. They confronted everybody who was going in and chased them away. According to John, in 2009 , some girls, around 16 or 17 years old, were raped by four men who had been drinking in a local shebeen. When the bar quit they said that they would go home by car, but instead raped the girls on the Memorial Acre nearby. This happened in the unfinished toilets, because the doors couldn’t be closed. According to Brian Mokhele, there used to be some fences around the park because of the construction work that was eventually stopped, but these were also stolen. According to Archibald Dlamini, people from the neighborhood started about two and a half years ago, and the last piece was stolen near the end of 2009 . Sometimes he would catch someone with a roll of fence, and then use it for his own cottage. According to the official website of the City of Johannesburg, a statue of Tsietsi Mashinini by Johannes Pokhela was revealed on June 16, 2010 , “Youth Day.” According to Shirley Makutoane, deputy principal of Isaac Morrison High School, the statue of Tsietsi Mashinini, funded by the June 16 Foundation, has temporarily been placed within the school perimeter. The statue will be moved to the Memorial Acre when it will be finished, in 2011 . According to Brian Mokhele, beside the June 16 Foundation, there is also a June 16 Memorial Acre Foundation. Both foundations are quarreling about the money involved in the Memorial Acre project. Nobody knows who’s involved in them. According to Marcus Neustetter, the June 16 Foundation consists of people that were part of 1976 protest movement, local government officials, representatives of the Hector Pieterson Museum, and the council. According to students from the Isaac Morrison High School, the statue of Tsietsi Mashinini is on the school ground because on the Memorial Acre it would be vandalized by youths from White City, an adjacent neighborhood. Accorcing to Brian Mokhele, the statue of Tsietsi should eventually be mounted on the Memorial Acre. It is wrong that the statue is in the school at the moment, because it is not a public school. He wants the statues to depict the massiveness of the force that was coming into Soweto after the protests. According to Brian Mokhele, City Parks, City of Jo’burg, City Lights, and SAPS are making some sort of plan to take the plan back. They want to remove the trees from the Memorial Acre, and redesign the Memorial Acre into a relaxing park, without political content. They want to depoliticize the square. In doing so,they will have their own employment and not use local workforces. According to Brian Mokhele, the community wants to remove the monuments, amphitheater, and sculptures from the Memorial Acre because they do not resemble anything. The sculptures should be depicting the truth of what happened, because the Memorial Acre is a political heritage site. He wants to involve the people that actually participated in the struggle to make the monument so that everyone can enjoy it and get a better understanding of the struggle heritage. Therefore, he proposes collective ideology in which everyone has a say. This would prevent future vandalization of the monument. According to Pat Motsiri, the sculptures must depict the event around June 16, 1976. Like the story of Dr Edelstein, who was pierced by pickaxes, forced into a garbage bin and burned alive. According to Jonas Staal, the Memorial Acre should be destroyed, its elements stacked on pallets, thus forming the Monument for the Distribution of Wealth . According to Mafaisa, his men can do the work quickly. He has about twenty men working under him. (shrink)

This paper tries to reconstruct Ernst Cassirer's potential reception of the EPR argument, as exposed by Einstein in his letter to Cassirer of March 1937. It is shown that, in conformity with his transcendental epistemology taking the conditions of accessibility as constitutive of the quantum object, Cassirer would probably have rejected the argument. Indeed, Cassirer would probably not have subscribed to its separability/local causality presupposition (which goes against his interpretation of the quantum formalism as a self-suf!cient condition (...) constitutive of the quantum object, without any reliance on spatial intuition), nor to its completeness requirement (as his partial endorsement of Bohr's complementarity, and his rejection of the Kantian "idea of complete determination", illustrate). By rejecting both of its premises, Cassirer's philosophy of physics thus enables to escape the EPR dilemma, and exhibits what, in Kantian terms, might be called a "negative utility" with respect to physical science. A further investigation of the anti-reductionist utility of Cassirer's systematic philosophy with respect to physics and other "symbolic forms" is !nally suggested. (shrink)

The impact of Islam upon women’s entrepreneurship in conflict zones is woefully absent from the entrepreneurship literature. This is due to the absence of published scholarship about this context rather than the absence of Muslim women’s entrepreneurship there. To address the gap in the literature, we offer a contextualized analysis and contribution by adopting an Islamic feminism lens and explore how Islamic feminism empowers women entrepreneurs and their entrepreneurial activities and behaviours in conflict zones. We argue that Islamic feminism (...) is a process of ‘ijtihad’ shaping the business ethics of Muslim women entrepreneurs operating in conflict zones and removing the traditional, patriarchal, colonial and other cultural layers with which Islam has been veiled. The findings from the 16 Muslim women entrepreneurs operating in Afghanistan, Iraq and Palestine and participating in our study reveal that Islamic religiousness plays a critical role in shaping the Muslim women’s entrepreneurial behaviour and their ability to endure the hardships of living in a conflict zone. Within all three research contexts, the participants interpreted and practiced their Islamic religiousness in ways consistent with Islamic Feminism principles and that deviated from patriarchal Islam dominating their conflict zones. This paper contributes to the growing research areas on Islamic feminist foundations for business ethics and women’s entrepreneurship in conflict zones by exploring how Islamic feminism empowers women entrepreneurs in Muslim conflict zones. (shrink)

Certain works in the most recent Polish constitutional law literature suggest that there is acceptance of the principle or the concept of autonomous interpretation of a constitution (autonomy of interpretation of constitutional terms). The Constitutional Tribunal also makes reference to this in numerous rulings. Paradoxically, however, that concept is not very popular in legal theory. It might seem that Polish legal theoreticians and philosophers do not appreciate the concept of interpretation of a constitution devised (...) through practice with the support of constitutional law doctrine. It might, however, mean that opinions on autonomous interpretation of Polish Constitution are nothing more than rhetorical arguments formulated ad hoc not a coherent concept or a theory. This text is an attempt to analyse this concept and its potential in discussions surrounding application of the Polish Constitution. (shrink)

ABSTRACT: Alexander of Aphrodisias’ commentaries on Aristotle’s Organon are valuable sources for both Stoic and early Peripatetic logic, and have often been used as such – in particular for early Peripatetic hypothetical syllogistic and Stoic propositional logic. By contrast, this paper explores the role Alexander himself played in the development and transmission of those theories. There are three areas in particular where he seems to have made a difference: First, he drew a connection between certain passages from Aristotle’s Topics and (...) Prior Analytics and the Stoic indemonstrable arguments, and, based on this connection, appropriated at least four kinds of Stoic indemonstrables as Aristotelian. Second, he developed and made use of a specifically Peripatetic terminology in which to describe and discuss those arguments – which facilitated the integration of the indemonstrables into Peripatetic logic. Third, he made some progress towards a solution to the problem of what place and interpretation the Stoic third indemonstrables should be given in a Peripatetic and Platonist setting. Overall, the picture emerges that Alexander persistently (if not always consistently) presented passages from Aristotle’s logical œuvre in a light that makes it appear as if Aristotle was in the possession of a Peripatetic correlate to the Stoic theory of indemonstrables. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:For the Sake of Argument: Practical Reasoning, Character, and the Ethics of BeliefRobert MetcalfFor the Sake of Argument: Practical Reasoning, Character, and the Ethics of Belief. Eugene Garver. Chicago: University of Chicago Press, 2004. pp. 264. $55.00, hardcover; $22.50, paperback.Professor Garver's book, For the Sake of Argument: Practical Reasoning, Character, and the Ethics of Belief, is a provocative and illuminating study of practical reasoning, and (...) one that develops many of the ideas found in his magisterial study, Aristotle's Rhetoric: An Art of Character (Chicago: University of Chicago Press, 1994). The previous book concluded by arguing that Aristotle's Rhetoric is philosophically more interesting today than it was in Aristotle's time, in part because for us there is no polis to which the argumentative facility of rhetoric would be subordinate (1994, 233ff.). This idea is echoed in the present book when Garver writes: "The more we take disagreement to be a permanent part of the situation of practical reasoning, and not something soon to be overcome by appropriate theory or universal enlightenment, the more rhetorical facility becomes a central part [End Page 95] of practical reason" (2004, 175). It is, indeed, a fascinating feature of For the Sake of Argument that it defends the autonomy and integrity of practical reason through Aristotle's insights on the various connections between argument, persuasion, and ethos (153), and illustrates these through examples such as the South African Truth and Reconciliation Commission, the landmark Brown v. Board of Education, and subsequent Supreme Court decisions.The book is divided into eight chapters, and, as Garver explains, these represent four pairs of essays in which a more concrete or "applied" chapter is followed by a chapter that draws generalizations from the examples of the prior chapter. Among the themes most prominent in the book are the connection between reason and character, on which Garver writes, "Practical reason has its own integrity when who we are and how we think are intimately connected" (2); the compatibility, within practical reason, of truth and one's own interest; the "ampliative" nature of practical reason, such that the implications of one's beliefs can lead to discoveries unanticipated at the beginning; the connection between the ethos of a leader and the ethos of a community; and the underappreciated power of epideictic rhetoric "to affirm values and articulate new vocabularies" (178). In addressing such broad themes, Garver's attention to concrete examples, like Brown v. Board of Education, is thoroughly instructive. The Brown decision, he argues, is "an epideictic declaration that equality and antidiscrimination are fundamental American Constitutional values" (73). Brown clearly demonstrates the ampliative nature of practical reason in that the conclusion it reaches is stronger than the premises from which it begins (i.e., the Fourteenth Amendment); moreover, it generates what Garver calls an "ethical surplus" that allows for unanticipated implications that are stronger still, such as the later Court decision striking down antimiscegenation laws (71–73). This "increase" in strength in proceeding from premises to conclusion is "impossible under a purely deductive conception of rationality," Garver writes (73), yet it is well explained by his Aristotle-inspired account of practical reasoning.Surely some readers will recoil from Garver's more provocative claims, such as that "we decide... to be convinced and choose to find a line of reasoning compelling" (119), offered within a discussion of the responsibility we bear in ethical argumentation. However, the issue that is more problematic, to my mind, concerns Garver's treatment of Plato. This may seem odd, given that Plato only appears as a foil in the book—but the problem is that it is merely a caricature of Plato that Garver allows to act as [End Page 96] a foil. Garver argues against "the Platonic program which will save reason by removing it from human contamination" (3) and "the Platonic hope of replacing ethical reasoning by the certainties of science" (5). He sides with Aristotle's idea that we can aim at effectiveness and at rightness together (48, 200) over against the allegedly Platonic idea that we must choose between truth and our own interest, reason and emotion, and so forth, or else... (shrink)

The author reviewed the research on the impact of cognitive biases on professionals’ decision-making in four occupational areas. Two main findings emerged. First, the literature reviewed shows that a dozen of cognitive biases has an impact on professionals’ decisions in these four areas, overconfidence being the most recurrent bias. Second, the level of evidence supporting the claim that cognitive biases impact professional decision-making differs across the areas covered. Research in finance relied primarily upon secondary data while research (...) in medicine and law relied mainly upon primary data from vignette studies. Two research gaps are highlighted. The first one is a potential lack of ecological validity of the findings from vignette studies, which are numerous. The second is the neglect of individual differences in cognitive biases, which might lead to the false idea that all professionals are susceptible to biases, to the same extent. To address that issue, we suggest that reliable, specific measures of cognitive biases need to be improved or developed. (shrink)

The author of the present paper argues that while trying to explain the institutional success of the science and its broad social impact, it is worth throwing aside the arguments concerning the universal traits of human nature, changes in the human mentality, or transformation of the culture and civilization, such as the development of capitalism or bureaucratic power. In the 16th century no new man emerged, and no mutants with overgrown brains work in modern laboratories. So one must also (...) reject the Great Divide between the cultures of the scientific and pre-scientific and replace it with multiple, uncertain and unexpected ‘not-so-great divides’, which can be described in meticulous anthropological studies. Although the achievements of science are certainly spectacular, and the gap between scientific practice and other areas of activity is so obvious, this does not mean that one must look for the “great” reasons behind this situation. One should rather focus on quite down-to-earth practices and tools used by scientists. A significant part of their activities can be described by referring to the craft of writing, reading and transforming of various types of inscriptions , and broadly understood visualization – their combining, performing, interpreting, confronting, comparing, shifting, shuffling etc. The important role of these tools and methods is especially visible in situations of scientific controversy. It is so because scientific controversies are won by the one able to muster on the spot the largest number of well aligned and faithful allies, and the technology of writing, printing and visualizing play a special role in mobilizing them. These are necessary to ensure that certain factors can be mobile – easy to move from place to place, and yet, immutable – not undergoing deformation as a result of the movement. This way, scientists are able to not only diffuse different types of factors relevant to the dispute and the process of constituting science, but also concentrate them in the centers of calculation, where, through accumulation, one can take actions not available elsewhere. (shrink)

Due to the COVID-19 Pandemic, several changes have been forcibly made and observed in various fields and areas of society, one of which include the field of education; the foundation of the formation of intellect and knowledge. After two years of studying indoors and private educational institutions holding virtual classes, the time has finally come for students to be re- adjusted once more to the blended mode of learning; a combination of virtual and in-person classes. Thus, this study aimed to (...) investigate the development of students’ study habits and how these habits could potentially affect the students’ academic achievement or performance. The study utilized a descriptivecorrelational design to examine the impact of study habits to the academic performance of 137 senior high school students. The study made use of the Palsane and Sharma’s Study Habits Inventory, or also known as PSSHI, and using this instrument, the study has been able to procure sufficient results that will answer the present study’s problems. Using linear regression analysis, the present study found that there was a significance between the study habits and academic performance of the senior high school students, thus the study’s null hypothesis was eventually rejected. (shrink)

Religion plays a vital role in the formation of conscience and therefore is very important in determining how people co-exist in a society. Nigerian citizens live in regions other than their ethnic geographical areas, but they are not recognised as people of the same destiny and subjects of equal rights. The long period of military dictatorship that truncated the country’s democracy since the civil war gave Nigerians a constitution which adopted the Sharia legal system within a purported secular state. This (...) encouraged a wide range of religious fanaticism and led to various demands for human rights, which has become a worrisome issue to concerned Nigerians. This article used secondary sources of data, such as newspaper publications and journal articles to examine the impact of religion on the state of the Nigerian nation today. The article calls for the harmonisation of Christianity and Islamic teachings in line with the secularity of the Nigerian state in order to reduce the increasing tensions in the country and make the journey to nationhood more realistic.Contribution: This article proposes that the secularity of the Nigerian state has to be maintained by political and religious leaders in order to attain purposeful nationhood and achieve sustainable and genuine development of the country. (shrink)

Religion plays a vital role in the formation of conscience and therefore is very important in determining how people co-exist in a society. Nigerian citizens live in regions other than their ethnic geographical areas, but they are not recognised as people of the same destiny and subjects of equal rights. The long period of military dictatorship that truncated the country's democracy since the civil war gave Nigerians a constitution which adopted the Sharia legal system within a purported secular state. This (...) encouraged a wide range of religious fanaticism and led to various demands for human rights, which has become a worrisome issue to concerned Nigerians. This article used secondary sources of data, such as newspaper publications and journal articles to examine the impact of religion on the state of the Nigerian nation today. The article calls for the harmonisation of Christianity and Islamic teachings in line with the secularity of the Nigerian state in order to reduce the increasing tensions in the country and make the journey to nationhood more realistic. CONTRIBUTION: This article proposes that the secularity of the Nigerian state has to be maintained by political and religious leaders in order to attain purposeful nationhood and achieve sustainable and genuine development of the country. (shrink)