Remarkably, there have been three decisions by the Court of Appeal and one decision by the Supreme Court (including notably R(G) v Governors of X School) in the space of three years on the same question as to whether the procedural guarantees of Article 6 European Convention on Human Rights (ECHR) can apply to disciplinary proceedings in the workplace. The earlier recent domestic decisions held that Article 6(1) could apply or did apply to workplace disciplinary procedures and could (...) imply or did imply a right to legal representation. More recently, employees have used Article 6 to argue for a right to independent disciplinary panels. In comparison, the more recent domestic decisions have held that Article 6(1) did not apply to workplace disciplinary procedures. This article explores the scope for Article 6(1) to apply to workplace disciplinary procedures by looking at the Strasbourg case law and explores the additional possibility that Article 6 could be engaged in workplace disciplinary procedures based on the alternative civil rights not to be wrongfully dismissed or unfairly dismissed. The benefit of these alternative civil rights would be that they would open up the protection of Article 6 to more employees than just professionals. This article also discusses the apparent conflict between the aims of employees in the cases on Article 6 ECHR and recent broader policy developments in favour of early and informal resolution of employment disputes. It is concluded that these cases reinforce objections to the Coalition Government’s broader ‘rebalancing’ agenda, as dismissal laws require strengthening and not further weakening. (shrink)

We present a novel annotated dataset of legal cases pertaining to Article 6 – the right to a fair trial – of the European Convention on Human Rights (ECHR). This dataset will serve as a useful resource to the research community, to assist in the training and evaluation of AI systems designed to embody the legal reasoning involved in determining the appropriate legal outcome from a description of the case material. The annotations were applied to provide finer-grain classifications of (...) legal cases at the document level. Each classification label was sourced from a domain knowledge model, derived with legal expert guidance and known as an Angelic Domain Model (ADM), such that the classifications correspond to the actual legal rationales used by the Court when determining the outcome of a given case. We discuss our annotation pipeline, including annotator training, inter-annotator reliability evaluation, and the dissemination of the annotation outputs and associated metadata. (shrink)

One of the major causes of juvenile delinquency almost anywhere in the world, including Nigeria, is abusive conditions in the homes. The abusive condition in the Nigerian situation is exacerbated by the authoritarian concept of the home. Children are usually seen as mere objects who are to obey their parents, especially the father who has an absolute power over his children. Christian parents too are guilty of being authoritarian and their favourite cliché is 'children, obey your parents'. This article (...) aims at developing a theological guideline that would assist fathers in rearing their children from the biblical perspective via a socio-rhetorical study of Ephesians 6:4. It examines the rearing of children in the 1st century among the Jews and the Graeco-Romans - the original recipients. Then, it compares the social condition of Nigeria with that of the 1st century Graeco-Roman. It concludes by stating that the key to understanding the verse is the phrase μὴπαροργίζετε, a combination of μὴ and a present active imperative, which is used to prohibit actions already in progress. Thus, the verse becomes an appeal to fathers to stop exasperating their children. To achieve this, fathers should see their children as full-fledged human beings with a right to their opinions and decisions about their lives. CONTRIBUTION: This article holds that rather than being treated as obedient objects to fathers in all things, children must be seen as human beings created with will, mind and intelligence and therefore be given a say in issues that concerns them and be disciplined in love and not harshly. (shrink)

The erosion of traditional work roles which had been male biased has led to the increase of women in the workplace. Although a welcomed development, it has an attendant problem – a vacuum in the homestead. Consequently, families are filling this vacuum by employing various hands to handle the house chores in the absence of parents. Being part of the society and mostly affected by female personnel, many Christian parents are now faced with the issue of relating properly with their (...) ‘servants’ and vice versa. In fact, there are many cases of maltreatment of these helps and pampering their own children while the helps are overstretched, on the one hand, and cases of outrageous and negative behaviours on the part of the ‘servants’. This article is aimed at giving a biblical guideline on domestic workers and masters relationship via a socio-rhetorical reading of Ephesians 6:5–9. It examines the Graeco-Roman household codes between servants and masters and provides a comparative analysis of these ethical codes with the Nigerian situation to emphasise the contemporary relevance of the passage.Contributions: The article holds that rather than being treated as domestic workers, these servants should be treated as part of the family. They should be sent to school, properly clothed, and fed and treated equally with the children of the home. They are human beings created and loved by God before whom we are all equals. (shrink)

Philosophical debates about the mental life of non-human animals provide an especially vivid illustration of how radically philosophers‘ intuitions concerning other minds can diverge. Do animals have mental states? Of what sort? Do any of the beasts have minds that overlap with ours? Is there any significant continuity between their minds and ours? Davidson is well known for arguing that, for conceptual reasons, at least when it comes to beliefs and other propositional attitudes, non-human animals differ from us in having (...) none. For example, he has argued that having beliefs requires having the concept of belief, which in turn requires language (Davidson (2001a), (2001b)). He has also argued that possession of any propositional attitude presupposes possession of belief, and that attributing any propositional attitude to a creature requires crediting them with the concepts that figure in the specification of the attitude‘s content (Davidson (2001a), (2001b) (2004)). Davidson‘s arguments are tantalizing, but also puzzling, and far from explicit; and they have been subjected to sharp scrutiny and powerful objections from a number of authors in recent years. (shrink)

In order to discuss the notion of presence, I explore Fascist Italy as an example of a presence-based culture. In the first part of this paper, I focus on the doctrines of "the philosopher of fascism," Giovanni Gentile , in order to show that his programme of cultural awakening revolves around the notion of the "presentification of the past." This notion formed the basis of Gentile's dialectic of the act of thought, which is the kernel of his actual idealism, or (...) actualism. I argue that actualism should primarily be interpreted as an ontology of a historical reality; it expresses the view that reality is history. In his 1914 inaugural "L'esperienza pura e la realtà storica" , Gentile drew this view to its ultimate consequence by developing a view of experience that has some striking parallels with the contemporary views of presence as expounded by Gumbrecht, Runia, and Ankermit. In the second part of my paper, I discuss how Gentile and his collaborators put presence into practice in school reforms, the Enciclopedia Italiana, and in hundreds of monuments, memorials, and exhibitions. Finally, I discuss the 1932 Mostra della rivoluzione fascista, which was not only the apex of Fascist culture politics, but also of the practice of presence. In this context, I argue that this practice should not be seen as a politics of historical interpretation, as Hayden White once held, but as a politics of sublime historical experience, or presence. The presence of presence in Fascist political culture raises some difficult questions for all who embrace the new paradigm, questions that can only be answered if the notion of presence is somehow balanced by the critical historical method, which is the basis for a true dialogue with the past. (shrink)

Various special investigative methods are more often applied nowadays; their use is unavoidably induced by today’s reality in combating organised crime in the spheres such as corruption, prostitution, drug trafficking, trafficking in persons, money counterfeit and etc. Therefore, special secret investigative methods are more often used and they are very effective in gathering evidence for the purpose of detecting and investigating very well-organised or latent crimes. Both the Convention on the Protection on Human Rights and Fundamental Freedoms itself, i.e. its (...) Article 6, and other international instruments, such as the Council of Europe’s Criminal Law Convention, the Council of Europe’s Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and others, do not prohibit the use of special investigative methods, provided that their use does not violate human rights. The use of special investigative methods, such as undercover agents or other undercover investigative methods, cannot in itself infringe human rights and the right to a fair trial; however, its use must have clear limits and safeguards. The recent judgements of the European Court of Human Rights regarding the use of undercover agents confirm that the use of undercover agents in certain types of cases is often unavoidable and also very problematic, because the Court imposes on the member states of the Convention increasingly wider obligations. Partly this is determined by the fact that the current jurisprudence of the Court is still in the state of formation, therefore many questions are left unanswered. (shrink)

In this article, Paul's use of the Old Testament in 1 Corinthians 10:1-4 comes under scrutiny. In contrast with the theory of some modern scholars that Paul uses, 'fanciful analogies', 'startling figurative claims' and metaphors that 'should not he pressed', in reaching his conclusion that 'the rock was Christ', in 1 Corinthians 10:4c, it is indicated that Paul is indeed taking the original text, the Old Testament's interpretation of the text, and the Jewish tradition of the interpretation of the (...) text, seriously, in the light of the Christ-event. To prove this claim, research of the text, that Paul uses in 1 Corinthians 10:1-4, is followed by research of the 'world in front of that text'.CONTRIBUTION: The conclusion that is reached indicates that Paul established within the context of contemporary Jewish practices, a true dialogical relationship between an intertextual handling of the text, and his interpretation thereof in the light of the relevance of the Christ-event for the conflict in the Church of Corinth. (shrink)

Within the narrative fora.d.32, Tacitus recreates a spirited speech delivered before the Senate by theequesMarcus Terentius (Ann. 6.8), defending himself retrospectively for having been a ‘friend’ of Sejanus. This speech, the only extended speech inoratio rectato feature inAnnalsBook 6, is historiographically rich and suggestive.This article first analyses the speech as a compelling piece of oratory in its own right. It then explores the provocative mirroring of another important speech in Curtius Rufus (7.1.19–40). This is where the general Amyntas, defending (...) himself before Alexander the Great against charges of participation in an alleged conspiracy, refuses to deny his friendship with the conspirator Philotas (now dead). Scholars have rightly acknowledged the significant intertextuality of these two speeches in Curtius Rufus and Tacitus. Yet the interest in this mirroring between Amyntas and Terentius has overshadowed another important intertext. This article demonstrates how Tacitus also engages with a programmatic moment from the opening of Virgil'sAeneidwhen Aeolus is cajoled by Juno to unleash a devastating storm. Terentius wittily casts Tiberius as a powerful divinity whose whims had to be obeyed and himself as a helpless Aeolus doing his will.This article demonstrates that the two passages from Virgil and Curtius Rufus underpinning Terentius’ speech work together powerfully, challenging Tacitus’ readers to reflect on the difficulties of ‘speaking to power’ and on the compromises involved for men like Terentius in negotiating the complex political realities of the imperial system. (shrink)

Liutprand Kremonski je bil škof, diplomat in zgodovinar langobardskega porekla, ki je deloval v sredini 10. stoletja. Njegova zgodovinopisna dela Antapodosis, Relatio de legatione Constantinopolitana in Historia Ottonis so nadvse pomembna za poznavanje politične zgodovine 10. stoletja, zlasti za dogajanje na Apeninskem polotoku. Hkrati pa velja tudi obratno: literarna vrednost njegovih del v veliki meri izhaja iz pogosto duhovite, mestoma pa tudi izrecno napadalne kritike političnih nasprotnikov in nekdanjih zaveznikov.

A striking difference between those fields we classify as humanities and those we regard as sciences is the attitude within each field toward its history. Learning about literature, music, or the visual arts requires becoming knowledgeable about a significant amount of the history of those areas. And education in these fields, at whatever level, invariably involves some study of great accomplishments in the past. By contrast, scientific work and standard scientific textbooks make little reference to the history of the science (...) in question, and such reference is typically relegated to the appreciative mention in passing of important empirical discoveries or theoretical innovations. And professional training in the sciences, both graduate and undergraduate, involves no serious examination of the achievements or methodology of past scientific work, no matter how impressive and influential those achievements may have been. Progress dominates thinking in the sciences, and that emphasis may seem to explain such casual and occasionally condescending reference to the history of the sciences. But progress occurs in the humanities as well; even if some of the greatest artistic accomplishments are well in the past, there is remarkable innovation in style, technique, and methodology in the various arts. Some of the most monumental accomplishments in the sciences, moreover, are historical; nobody is likely to surpass the quality and importance of Newton's achievements, and few will ever equal those of Einstein. So it is unlikely that attitudes towards progress or past accomplishments can explain the divergent attitudes that fields in the sciences and humanities exhibit towards their own history. We can better understand this contrast by appeal to a characteristic feature of the arts. Nobody today writes in the manner of Milton, Racine, or Shakespeare, or composes in the manner of Bach or Beethoven, or paints in the style of Vermeer, Renoir, or Da Vinci. Even Picasso's early, somewhat ostentatious paintings in the styles of various past masters were more to show his prodigious abilities than they were original artistic endeavors.. (shrink)

At EN VII.6 1149a24-b3, Aristotle offers an argument for the conclusion that akrasia due to thumos is less shameful than akrasia due to epithumia. The reasoning in this argument is obscure, for Aristotle makes two claims in particular that are difficult to understand; first, that in some way thumos “hears” reason when it leads to akrasia, and second, that thumos responds to what it hears “as if having syllogized” to a conclusion about how to act. This paper argues that previous (...) attempts to understand these two points have failed. It offers an account of the first difficult claim, but concludes there is not enough material in the text to determine what Aristotle means when he says thumos responds “as if having syllogized”. Nevertheless, the paper ends by offering an account of this remark that is Aristotelian in inspiration, even though it admittedly goes beyond anything that can be gleaned from the text. (shrink)