Both philosophy and linguistics have emphasized the importance of language as a means of dialogue. Despite the fact that Wittgenstein added a new layer of complication to this point of view, the Sapir-Whorf theory, proposed by Edward Sapir and his colleague Benjamin Lee Whorf, helped the impact of language on the mind acquire notoriety. With this idea, language not only continued to be a means of communication but also received recognition in the social science curriculum as a crucial element in (...) the development of personal identities and the process of knowledge assimilation. The effect of language on morality and ethics was the most significant element that philosophers and linguists overlooked in their extensive study. For instance, little is known about how the terms we choose can influence how we understand morality and ethics. The sole subject of this article will be how language influences the moral and ethical decisions we make. To put it another way, how we make choices is greatly influenced by the language or beliefs we use in both public and private life. This means that in order to understand a country’s law or socially accepted norms, it is crucial to closely examine the language that country uses. The options or goals that are publicly acceptable are also closely related to the language, metaphors, and discourses used by a specific society. The contemporary world does not analyze these incidents from a linguistic perspective, but language has contributed to the creation of accepted legal and social standards. (shrink)

The law market model posits that the most appropriate resolution of choice-of-law disputes in private international law is to permit individuals to choose ex ante the law that applies to them. This is contrasted to the public law model where courts choose law based on the perceived interests of, or the parties’ connections with, the states or nations involved. The law market model envisions that consumer choice will lead to optimal competition among jurisdictions to supply the most efficient law. This (...) model has influenced the rise of party autonomy, most notably in the widespread enforcement of many contractual choice-of-law and forum-selection clauses. One area that the model has had little influence on is the enforcement of foreign judgments. In the United States, judgments from other countries face higher hurdles in obtaining recognition and enforcement, as compared to judgments issued by courts of sister states. There has been little discussion in the law market literature of the possibility of ex ante contractually waiving these hurdles, or of choosing the law of states that make it easier to enforce foreign judgments. This reticence appears to be based in part on the assumption that state law on such recognition is mandatory and non-waivable, and that such law reflects the sovereign interests of states. Revisiting this regime through the lens of the law market model suggests that courts and public policymakers should permit parties, within broad limits, to contractually waive or select the law on judgment recognition, as they are permitted to do with other areas of law. (shrink)

This paper employs institutional theory as a theoretical lens and examines the role of status and peer influence on diversity following a change in European labour law in 1995. This change in European labour law, well-known as the Bosman ruling, significantly increased labour mobility in European soccer. The ruling lifted restrictions on the number of foreign players that soccer teams could recruit and eliminated compulsory transfer fees for players whose contracts had ended. We demonstrate that the Bosman ruling, while (...) increasing the number of foreign players on a team, did not uniformly affect all teams. Our investigation indicates that the increase in racio-ethnic diversity in teams depended on the status of teams and on peer influence (the behaviour of similar teams). This setting, though specific to European labour law in the context of soccer, allows an examination of the complex interplay between racio-ethnic diversity, status, and peer influence in a period of institutional change. (shrink)

By presenting original research into British legal history, this volume emphasises the historical shaping of the law by ideas of authority. The essays offer perspectives upon the way that ideas of authority underpinned the conceptualisation and interpretation of legal sources over time and became embedded in legal institutions. The contributors explore the basis of the authority of particular sources of law, such as legislation or court judgments, and highlight how this was affected by shifting ideas relating to concepts of sovereignty, (...) religion, political legitimacy, the nature of law, equity and judicial interpretation. The analysis also encompasses ideas of authority which influenced the development of courts, remedies and jurisdictions, international aspects of legal authority when questions of foreign law or jurisdiction arose in British courts, the wider authority of systems of legal ideas such as natural law, the authority of legal treatises, and the relationship between history, law and legal thought. (shrink)

This unique publication offers a complete history of Roman law, from its early beginnings through to its resurgence in Europe where it was widely applied until the eighteenth century. Besides a detailed overview of the sources of Roman law, the book also includes sections on private and criminal law and procedure, with special attention given to those aspects of Roman law that have particular importance to today's lawyer. The last three chapters of the book offer an overview of the history (...) of Roman law from the early Middle Ages to modern times and illustrate the way in which Roman law furnished the basis of contemporary civil law systems. In this part, special attention is given to the factors that warranted the revival and subsequent reception of Roman law as the 'common law' of Continental Europe. Combining the perspectives of legal history with those of social and political history, the book can be profitably read by students and scholars, as well as by general readers with an interest in ancient and early European legal history. The civil law tradition is the oldest legal tradition in the world today, embracing many legal systems currently in force in Continental Europe, Latin America and other parts of the world. Despite the considerable differences in the substantive laws of civil law countries, a fundamental unity exists between them. The most obvious element of unity is the fact that the civil law systems are all derived from the same sources and their legal institutions are classified in accordance with a commonly accepted scheme existing prior to their own development, which they adopted and adapted at some stage in their history. Roman law is both in point of time and range of influence the first catalyst in the evolution of the civil law tradition. (shrink)

Whatever its other effects, the Soviet-American Cold War helped launch and sustain an era of feverish intellectual activity in the linked fields of international relations theory and foreign policy analysis. One sign of the importance of more recent phenomena with all their resonant impacts may be the continuing ferment in theorizing about international relations, foreign policy and public international law years after the war’s conclusion, a ferment which the 9/11/01 terrorist attack on the United States and its aftermath (...) have intensified. Comprehending the scholarly inquiries and debates in these fields should be important to intellectuals regardless of their professional interests, not only because those inquiries and debates concern profound epistemological and ontological issues, but primarily because they have influenced and continue to influence the trajectory of United States foreign policy. (shrink)

This article addresses the issue of linguistic phenomena which, as a legacy of the centuries-old tradition of the Roman Empire, are rooted in Polish jurisdictional texts. The study focused on foreign-language expressions and short texts in Latin, used in judicial decisions. The aim of the study was to determine the function of Latinisms as foreign-language expressions in judicial decisions and how their use influences the communicativeness and persuasiveness of argumentation. During the analysis, it was noticed that Latinisms (...) in jurisdictional texts are used on four levels, including: legal maxims, terminology equivalence, linguistic ornaments and the description of taboo phenomena. On the basis of the identified categories, efforts were made to determine the extent to which Latin strengthens or weakens the power of persuasion of judicial decisions. (shrink)

The concept of privacy as a basic human right which has to be protected by law is a recently adopted concept in Thailand, as the protection of human rights was only legally recognized by the National Human Rights Act in 1999. Moreover, along with other drafted legislation on computer crime, the law on privacy protection has not yet been enacted. The political reform and the influences of globalization have speeded up the process of westernization of the urban, educated middle-class (...) professionals. However, the strength of traditional Thai culture means that a mass awareness of the concept of privacy rights remains scarce. This paper explicates the Thai cultural perspective on privacy and discusses the influence of Buddhism on privacy rights, including the impacts of globalization and the influence of Western values on the country’s political and legal developments. The paper also discusses the legal provisions regarding privacy protection, and the debates on the smart ID cards policy and SIM cards registration for national security. (shrink)

This article addresses the issue of linguistic phenomena which, as a legacy of the centuries-old tradition of the Roman Empire, are rooted in Polish jurisdictional texts. The study focused on foreign-language expressions and short texts in Latin, used in judicial decisions. The aim of the study was to determine the function of Latinisms as foreign-language expressions in judicial decisions and how their use influences the communicativeness and persuasiveness of argumentation. During the analysis, it was noticed that Latinisms (...) in jurisdictional texts are used on four levels, including: legal maxims, terminology equivalence, linguistic ornaments and the description of taboo phenomena. On the basis of the identified categories, efforts were made to determine the extent to which Latin strengthens or weakens the power of persuasion of judicial decisions. (shrink)

In institutional settings affecting the formulation and implementation of international foreign and security policy, nation-states are influenced by Western standards of jurisprudence without explicit concern for religiously grounded legal frameworks. The question at issue here is whether there is a role for Islamic law in the formulation of international law, given recent literature examining this conjunction. For some, cultural symmetry requires attention to Islamic law, e.g., the Islamic law of nations, in the same way Western modernity evolved contemporary international (...) law out of a concept of a “law of nations”. In a historical period of asserted fundamentalist Islamic ideology as well as post-9/11 neo-conservative political ideology, there is ample need for negotiation of culture, including philosophical foundations of law, in which case attention to Islamic jurisprudence may well be a positive development to advance the cause of an evolving international legal order. (shrink)

This book compares the respective concepts of the law of nations put forward by the Spanish theologian Francisco Suárez and by the Dutch jurist Hugo Grotius. This comparison is based on the fact that both thinkers developed quite similar notions and were the first to depart from the Roman conception, which persisted throughout the entire Middle Ages and the early Renaissance. In Rome, jus gentium was a law that applied to foreigners within the Empire, and one which was often mistaken (...) for Natural Law itself. These two features can be found even in the works of writers such as Francisco de Vitória and Alberico Gentili. In Suárez and Grotius, the law of nations is applicable to an extra-national domain and inarguably becomes positive law. Yet, it also contains an ethical element that prevents it from transforming into a mere reflection of state interests. This work argues that this resemblance is hardly a coincidence: Grotius has read Suárez, and that influence has modified the foundations of his early thoughts on jus gentium. This should not be taken to imply that the Dutch jurist wasn't original: in both authors, the definition of the law of nations pursues his own internal logic. Nevertheless, Suárez's oeuvre allowed Grotius to solve a fundamental problem touched on in his early writings that had remained unanswered. Accordingly, his oeuvre promises to clarify one of the most significant moments in the History of International Law. (shrink)

Delaware’s famous corporate law and its highly respected specialized Court of Chancery attract entrepreneurs from all over the world, who choose the small state as their locus of incorporation and litigation forum, and global investors who choose Delaware law as the law governing their corporate investments and mergers and acquisitions. Other jurisdictions vie with Delaware in regard to these choices. This interjurisdictional competition makes Delaware a significant global norm exporter in the field of corporate law because jurisdictions emulate some of (...) its corporate law. Israel leads the global pack. For two decades, it has been approximating its corporate law to Delaware’s and emulating its principal institutions, including by establishing a specialized Chancery-like court whose judges seek guidance in Delaware’s case law in deciding open corporate law questions. This Article employs qualitative methods—interviews with M&A practitioners from the United States, the United Kingdom, and Israel. We use the interviews to assess whether the project of approximating Delaware corporate law has succeeded in shifting incorporation decision preferences away from Delaware to Israel and watering down the natural reluctance of global investors to accepting an unfamiliar corporate law when engaging in cross-border corporate M&A transactions involving an Israeli party. Our findings indicate that the approximation project has countervailing effects, opinions about its success being polarized and nuanced; that approximation increases the familiarity of domestic practitioners with the foreign law being emulated, making the emulated law easier to implement; and that approximation creates more room for other aspects of interjurisdictional competition to influence private choices. (shrink)

In May, 2016 the Diet passed a law on the “Promotion of efforts to eliminate unfair discriminatory speech and behaviour against people originating from outside Japan”, widely referred to as ヘイトスピーチ法 (_Heito Supiichi Hō_ /Hate Speech Law). For some residents of Japan it had been a long time coming. Without any laws specifically prohibiting racially discriminatory speech or writing, aggrieved parties had hitherto been forced to resort to indirect lines of protection. In 1999, for example, a Brazilian national ejected from (...) a jewelry shop displaying a poster saying “No foreigners allowed” obtained a favourable ruling citing Japan’s ratification of the International Convention on the Elimination of All Forms of Racial Discrimination; and in 2013 an injunction for defamation and obstruction of business was granted on behalf of a school for children of North Korean descent repeatedly subjected to provocative demonstrations. But others questioned the need to reinforce limits on freedom of expression even in the face of aggressive taunts, with some claiming that incidents of racial discrimination in Japan lacked the historical, entrenched and violent dimensions that had prompted hate speech laws in Europe and elsewhere. When the text of the proposed law became public there was also debate about its utility as such an abstract measure seemed inapplicable to many potential victims and lacked punitive sanctions. Against this criticism it could be argued that the law went about as far as the government could expect to go if it were to get it passed; that it appears to be curtailing a particularly aggressive form of hate speech; and that it has ushered in a number of more specific initiatives, especially at local level. This study will begin with the 2016 text itself, drawing on the semiotic framework of Systemic Functional Grammar to explore how it prioritises general principles over specific regulations. This textual analysis will be followed by a contextual account of why the Law was constructed as it was, how it has influenced awareness of hate speech, and where it fits in with an existing genre of non-coercive legislation in Japan. (shrink)

Following independence in 1948, the Hebrew University of Jerusalem founded a law faculty and modeled it on the European example. Today, the Israeli law faculty is much more similar to the U.S. law school than to institutions of legal education in Europe. This Article traces the history of the changes in Israeli legal education. It argues that the shift began after 1967, faced resistance in the 1980s, and gained momentum in the 1990s. Presently we may be witnessing the beginning of (...) a shift away from U.S. influence and back to Continental Europe or even Asia. The Article discusses three major educational components, which together signaled the shift to U.S. influence: a student-run law review, curricular reform, and open and lively class discussion. The Article then offers several factors to explain the shift: judicial opinions that began to rely on American decisional law, the adoption of the U.S. model of practice by the legal profession, the privatization of law schools, globalization, and Americanization and foreign affairs. Finally, the Article considers the contribution to Americanization made by active U.S. attempts to export American law to other legal systems. (shrink)

This article deals with some phenomena of the Hungarian legal language from a historical point of view, with special regard to the terminology of private law going back to Roman law tradition. The author aims, on the one hand, to present the historical background of the current terminology of Hungarian private law by means of some representative examples. On the other hand, it is attempted at demonstrating that “false friends” and some further misunderstandings in the current terminology of Hungarian private (...) law can be led back to the historical determination of the concepts/terms in question. A certain Hungarian legal language existed already in the 16th c., however it reached the common European level by the middle of the 19th c. This development took place mainly under the influence of the Austrian and German law and legal science. Due to the translation of foreign legal terms to Hungarian since the 19th c. there emerged some “global” difficulties of legal terminology also in the Hungarian legal language. As the most important example, the reception of bona fides can be mentioned. It was an amendment of the Hungarian Civil Code in 2006 which tried to eliminate the misunderstandings as regards the principle of good faith conceived formerly by many Hungarian jurists exclusively in subjective sense. The history of reception of the German notions of Gültigkeit and Wirksamkeit in Hungary is extremely intriguing, too. Hungarian jurists did not follow the pattern of the German BGB but developed this pair created by Windscheid by drawing a clear distinction between the validity and effectiveness of legal transactions, similar to the Italian terminology. Sometimes the reception of German notions happened in a less successful way. Despite the important foreign, especially German impacts, the Hungarian legal language is an autonomous one having several remarkable features which deserve attention also in comparison with terminology of the Western legal cultures. (shrink)

Even though Corporate Social Responsibility (CSR) has become a widely accepted concept promoted by different stakeholders, business corporations' internal strategies, known as corporate self-regulation in most of the weak economies, respond poorly to this responsibility. Major laws relating to corporate regulation and responsibilities of these economies do not possess adequate ongoing influence to insist on corporate self-regulation to create a socially responsible corporate culture. This book describes how the laws relating to CSR could contribute to the inclusion of CSR principles (...) at the core of the corporate self-regulation of these economies in general, without being intrusive in normal business practice. It formulates a meta-regulation approach to law, particularly by converging patterns of private ordering and state control in contemporary corporate law from the perspective of a weak economy. It proposes that this approach is suitable for alleviating regulators' limited access to information and expertise, inherent limitations of prescriptive rules, ensuring corporate commitment, and enhance the self-regulatory capacity of companies. This book describes various meta-regulation strategies for laws to link social values to economic incentives and disincentives, and to indirectly influence companies to incorporate CSR principles at the core of their self-regulation strategies. It investigates this phenomenon using Bangladesh as a case study. (shrink)

The conundrum of the unconstitutional constitution -- The quest for a compelling unity -- The permeability of constitutional borders -- The sounds of silence : militant and acquiescent constitutionalism -- "The first page of the constitution" : family, state, and identity.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Kant and the Divine: From Contemplation to Moral Law by Christopher J. InsoleChris L. FirestoneChristopher J. Insole. Kant and the Divine: From Contemplation to Moral Law. Oxford: Oxford University Press, 2020. Pp. v + 409. Hardback, $110.00.The extent to which the philosophy of Immanuel Kant converges with or diverges from Christian thought has been a hotly debated topic in recent years. Central to that debate has been the (...) resurgence of interest in Kant's classic Religion within the Boundaries of Mere Reason (henceforth, Religion). The most insightful interpretations and applications of Religion, it seems, have utilized resources from a broad range of Kant's writings, emphasizing his philosophy considered as an integrated whole. Christopher Insole's recent monograph—Kant and the Divine: From Contemplation to Moral Law—attempts to redirect this debate with an argument spanning Kant's precritical and critical periods in performing a deep dive on the topic of freedom. On the face of it, the argument is not purely theological or even religious. It revolves, instead, around a metaphysical analysis of freedom, both as exemplified in Kant's writings and relative to his historical predecessors.Key to Insole's proposal is that Kant's critical notion of freedom evolves into something very different than that of his predecessors (on which his early writings depend) and, in its development, decisively "ruptures" with the Christian tradition. Human freedom, on Insole's analysis of Kant, must be "end-setting" and not constrained or directed by any type of external compulsion. This suggests that God cannot be understood to influence freedom causally, or at least not without human conscious and free consent. Numerous writers have thought they spied Christian connections in Kant's notion of freedom, such as the need for divine forgiveness, and even grace, to avoid the absurdum practicum. Insole resists all such attempts as being foreign to the novelty of the mature Kant's reflections on freedom. No external force can be brought to bear as a determining causal influence on human freedom, presumably because an end set before us from outside undermines our ability to set an end for ourselves. God is at best the "all-knowing distributor of happiness" (321) that makes end-setting and the kingdom of ends worthwhile moral pursuits. Insole's express intention is to "show the significance of Kant's denial that God can be our final cause" and that "his philosophical religiosity, understood on its own terms, and as expressed across his whole oeuvre" shows that "Kant cannot easily be called a Christian thinker" at all (2–4).Extricating Kant from Christianity proves to be a monumental task. Insole uses eighteen chapters and more than four hundred pages to make his case. The argument distinguishes itself from other such attempts in its rigorous analytic approach to unpacking the metaphysical underpinnings of issues supposedly at the root of Kant's philosophical theology. The book presents a cumulative case argument for Kant's supposed break with "the Christian theological tradition as he would have received it" (13). Much rests on whether or not this argument is cogent. Kant, according to Insole, is something akin to a theological Platonist and moral Stoic, who attempts to establish a unique form of "philosophical religiosity" (3 and 156). This makes Kant similar to the likes of Augustine and Ambrose, but different in terms of his theological aspirations. Insole casts Kant not as a pure philosopher seeking to understand philosophy relative to the Christian tradition, but rather as a philosophical [End Page 164] theologian bent on showing human freedom, free end-setting, and an ethical community of end-setters to be the exclusive means for attaining the highest good. Although this may sound Pelagian, Insole insists it is not, because "the Pelagian could still regard God as our final cause and efficient cause" (299). In other words, in Insole's interpretation, Kant is a strict philosophical humanist or what theologians might term a hyper-Pelagian.The difficult details of Insole's arguments are important to consider but not easily dealt with in the space provided here. Early in the book, Insole takes his reader on a metaphysical tour of "Divine Ideas" and "God... (shrink)

Le but de cet article est d’étudier l’enseignement des mathématiques au Collège d’Artillerie espagnol de 1764 à 1842, et de repérer les influences étrangères sur elle. Après quelques hésitations, un programme standard est adopté commençant par l’arithmétique et finissant par le calcul différentiel et intégral et la mécanique. L’unique changement important fut en 1819 quand la mécanique devint une matière indépendante. Pendant les premières décennies, avec Giannini comme premier professeur, l’emprise italienne était importante, néanmoins il existait une influence française (...) et anglaise. Avec le temps l’inspiration française augmenta. Les manuels employés pendant la plupart du temps étaient ceux de Giannini ou Odriozola, professeurs du Collège; mais ils ont utilisé aussi des livres de mathématiciens français comme Lacroix, Legendre ou Monge. The present article studies the impact of foreign influence on mathematics education at the Spanish Royal College of Artillery from 1764 to 1842. After some vacillation, the academy’s standard teaching program included from arithmetic to calculus and mechanics. The most noteworthy change occurred in 1819 when mechanics would be considered as an independent subject. During the first decades during which time Giannini was first professor, the academy’s approach to teaching mathematics was mostly influenced by methods being used in Italy and, to a certain degree, in England and France. French influence increased considerably with time. While most of the textbooks used at the academy were authored by two of its professors, Giannini and Odriozola, the curriculum would be expanded to include works by French mathematicians such as Lacroix, Monge and Legendre. (shrink)

Le but de cet article est d’étudier l’enseignement des mathématiques au Collège d’Artillerie espagnol de 1764 à 1842, et de repérer les influences étrangères sur elle. Après quelques hésitations, un programme standard est adopté commençant par l’arithmétique et finissant par le calcul différentiel et intégral et la mécanique. L’unique changement important fut en 1819 quand la mécanique devint une matière indépendante. Pendant les premières décennies, avec Giannini comme premier professeur, l’emprise italienne était importante, néanmoins il existait une influence française (...) et anglaise. Avec le temps l’inspiration française augmenta. Les manuels employés pendant la plupart du temps étaient ceux de Giannini ou Odriozola, professeurs du Collège; mais ils ont utilisé aussi des livres de mathématiciens français comme Lacroix, Legendre ou Monge. The present article studies the impact of foreign influence on mathematics education at the Spanish Royal College of Artillery from 1764 to 1842. After some vacillation, the academy’s standard teaching program included from arithmetic to calculus and mechanics. The most noteworthy change occurred in 1819 when mechanics would be considered as an independent subject. During the first decades during which time Giannini was first professor, the academy’s approach to teaching mathematics was mostly influenced by methods being used in Italy and, to a certain degree, in England and France. French influence increased considerably with time. While most of the textbooks used at the academy were authored by two of its professors, Giannini and Odriozola, the curriculum would be expanded to include works by French mathematicians such as Lacroix, Monge and Legendre. (shrink)

Le but de cet article est d’étudier l’enseignement des mathématiques au Collège d’Artillerie espagnol de 1764 à 1842, et de repérer les influences étrangères sur elle. Après quelques hésitations, un programme standard est adopté commençant par l’arithmétique et finissant par le calcul différentiel et intégral et la mécanique. L’unique changement important fut en 1819 quand la mécanique devint une matière indépendante. Pendant les premières décennies, avec Giannini comme premier professeur, l’emprise italienne était importante, néanmoins il existait une influence française (...) et anglaise. Avec le temps l’inspiration française augmenta. Les manuels employés pendant la plupart du temps étaient ceux de Giannini ou Odriozola, professeurs du Collège; mais ils ont utilisé aussi des livres de mathématiciens français comme Lacroix, Legendre ou Monge. The present article studies the impact of foreign influence on mathematics education at the Spanish Royal College of Artillery from 1764 to 1842. After some vacillation, the academy’s standard teaching program included from arithmetic to calculus and mechanics. The most noteworthy change occurred in 1819 when mechanics would be considered as an independent subject. During the first decades during which time Giannini was first professor, the academy’s approach to teaching mathematics was mostly influenced by methods being used in Italy and, to a certain degree, in England and France. French influence increased considerably with time. While most of the textbooks used at the academy were authored by two of its professors, Giannini and Odriozola, the curriculum would be expanded to include works by French mathematicians such as Lacroix, Monge and Legendre. (shrink)

Nigeria, as a geographical entity is replete with various ethnic and cultural identities that have continued to evolve from pre-colonial times to recenttimes. Granted that civilizations from Europe and Arabia have dictated almost all spheres of living, both in the Northern and Southern geographies of the country and eroded nearly all traditional values that would have assisted in curbing social and filial tensions; it is pertinent to inquire into the social relations before this ‘encounter.’ This is important as this research (...) seeks to invoke some aspects of the past that can be relevant for contemporary utility. Hence, through the method of critical analysis, this study takes a look at the socio-economic norms among the pre-colonial cultures that eventually evolved into Nigeria, paying attention to the place of slaves and women and laying emphasis on the filial and communal nature which allowed for a not too wide the gap between the rich and the poor. Even when this study is not unaware of the positive roles of foreign influence, it recounts the deficits of this presence and suggests that aproper way is to explore some indigenous ideas and apply them for contemporary living. Keywords: Culture, Family, Moral Values, Nigeria, Pre-colonial. (shrink)

In recent years, foreign language learning has been proposed as a possible cognitive intervention for older adults. However, the brain network and cognitive functions underlying FLL has remained largely unconfirmed in older adults. In particular, older and younger adults have markedly different cognitive profile—while older adults tend to exhibit decline in most cognitive domains, their semantic memory usually remains intact. As such, older adults may engage the semantic functions to a larger extent than the other cognitive functions traditionally considered (...) the most important. Using anatomical measurements and a cognitive test battery, the present study examined this hypothesis in twenty cognitively normal older adults, who participated in a two-month Italian learning programme. Results showed that the immediate learning success and long-term retention of Italian vocabularies were most consistently predicted by the anatomical measures of the left pars orbitalis and left caudal middle frontal cortex, which are implicated in semantic and episodic memory functions. Convergent evidence was also found based on the pattern of cognitive associations. Our results are consistent with a prominent role of semantic and episodic memory functions in vocabulary learning in older learners. (shrink)

Human rights discourse has been likened to a global lingua franca, and in more ways than one, the analogy seems apt. Human rights discourse is a language that is used by all yet belongs uniquely to no particular place. It crosses not only the borders between nation-states, but also the divide between national law and international law: it appears in national constitutions and international treaties alike. But is it possible to conceive of human rights as a global language or lingua (...) franca not just in a figurative or metaphorical sense, but in a literal or linguistic sense as a legal dialect defined by distinctive patterns of word choice and usage? Does there exist a global language of human rights that transcends not only national borders, but also the divide between domestic and international law? Empirical analysis suggests that the answer is yes, but this global language comes in at least two variants or dialects. New techniques for performing automated content analysis enable us to analyze the bulk of all national constitutions over the last two centuries, together with the world’s leading regional and international human rights instruments, for patterns of linguistic similarity and to evaluate how much language, if any, they share in common. Specifically, we employ a technique known as topic modeling that disassembles texts into recurring verbal patterns. The results highlight the existence of two species or dialects of rights talk—the universalist dialect and the positive-rights dialect—both of which are global in reach and rising in popularity. The universalist dialect is generic in content and draws heavily on the type of language found in international and regional human rights instruments. It appears in particularly large doses in the constitutions of transitional states, developing states, and states that have been heavily exposed to the influence of the international community. The positive-rights dialect, by contrast, is characterized by its substantive emphasis on positive rights of a social or economic variety, and by its prevalence in lengthier constitutions and constitutions from outside the common law world, especially those of the Spanish-speaking world. Both dialects of rights talk are truly transnational, in the sense that they appear simultaneously in national, regional, and international legal instruments and transcend the distinction between domestic and international law. Their existence attests to the blurring of the boundary between constitutional law and international law. (shrink)

Domestic courts are often quoting foreign case law on human rights. The conversation pursued through cross-referencing across jurisdictions has added to the globalization of international human rights standards. As the practice is gaining ground and becoming a more permanent feature of domestic judgments, its relevance needs to be examined. A closer look at the practice will bring forth a more realistic understanding of the approaches of domestic courts and the advantages which they offer to the institution. This paper raises (...) few questions on the value and influence of cross-referencing in the area of human rights. Questions in this regard can be posed as to (a) whether cross-referencing is reflective of an emerging consensus on the subject matter? (b) Is it strategic for domestic courts to quote foreign case law? (c) Is the practice of cross-referencing simply a trend or an urge to belong to a community of courts? (d) Is the practice of relevance towards the implementation and advancement of international human rights standards? The topic can shed light on broader themes including the universality of human rights, contestations/disagreements over human rights standards, and the measure of acceptability of international human rights standards within domestic settings. This paper discusses the practice, its role and influence in relation to international human rights standards. Three judgments [of the courts of Nepal, India and Singapore] addressing the human rights and homosexuality agenda have been illustrated for discussion. (shrink)

This chapter criticizes several methods of responding to the techniques foreign powers are widely acknowledged to be using to subvert U.S. elections. It suggests that countries do this when they have a legitimate stake in each other’s political deliberations, but no formal voice in them. It also suggests that if they accord each other such a voice, they will engage as co-deliberators with arguments, rather than trying to undermine each other’s deliberative processes; and that this will be salutary for (...) all parties. It moots several methods for giving nations such a voice, ranging from inviting representatives of foreign powers to participate in debates in each other’s high-level elections, to having representatives of all nations vote in each other’s key elections or legislative bodies, or in international bodies constituted in recognition of the need for binding global deliberation about shared issues. (shrink)

The aim of this paper is to outline the history of anticommunist legislation in interwar Yugoslavia and to bring to the fore its key phases. This approach is employed to re-examine the effectiveness of the introduced laws, to pinpoint their shortcomings, but also their strong points. Virtually from its creation, the Kingdom of Serbs, Croats and Slovenes (Yugoslavia) was hostile to communism. Anticommunist convictions of the ruling elites influ­enced many aspects of governance, not only internal affairs, as the outlawing of (...) the Communist Party of Yugoslavia in December 1920, but also foreign policy, as postponing the recognition of the Soviet Union to 1940. There are three distinct phases of anticommunist legislation, each clearly marked by a key anticommunist law. During the first phase (1918-1921), there were few legal instruments for combating left-wing radicalism. The second phase (1921-1929) was marked by the introduction of a highly controversial Law on the Protection of Public Security and State Order, which gave previous unprecedented powers to the prosecutors and police to crush the emerging communist movement. This legal framework was further expanded after the proclamation of the King`s dictatorship in 1929, and the overhaul of the Law, as well as the introduction of a special tribunal – The State Court for the Protection of the State. (shrink)

The question around foreigners and their obligation to respect and fulfil the national - or civil - norms of the territory where they are; has become due the migration and multicultural movements once again a key one. Addressed by a multitude of authors along the centuries, the question has been answered based on the different placements around juridical and political concepts like citizenship, sovereignty, authority or law. In this investigation, the doctrinal development carried out around the obligatory nature of the (...) civil norm for foreigners in Spanish scholasticism is going to be considered. Specifically, due to its thoroughness and depth, the doctrine done by Francisco Suarez is going to be critically analysed. Once the answer given in our author's doctrine to the question posed has been established, we will consider the possible influences in the Anglo-Saxon sphere. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Mystery of Sacramentality:Christ, the Church, and the Seven SacramentsCharles JournetTranslated by Aaron D. Henderson, with Introduction and NoteOriginally: Charles Journet, "Le Mystère de la sacramentalité: Le Christ, l'Église, les sept sacrements," Nova et Vetera 49 (1974): 161–214.Translator's IntroductionThe thought of Charles Cardinal Journet, venerable founder of the present journal and unparalleled twentieth-century master of Thomistic ecclesiology, merits a wider reception and a more ardent love.1 Not a few (...) have recognized this of late, producing articles and books dedicated to explicating his teaching.2 Nevertheless, much remains to be done to ensure that English speakers have fuller access to Journet's corpus. For instance, only the first [End Page 611] volume of L'Église du Verbe incarné,3 his magnum opus, has been translated into English.4 It is with this in mind that we set out to translate the article below. And it is no meager article that is reproduced below (though such a work is foreign to Journet), but one of considerable substance and importance. After all, it is a wonderful (and wonderfully extensive) expression of his post-conciliar Christology, ecclesiology, and sacramental theology. Indeed, written in 1974, but one year before his death, this article represents the mature fruit of many years of contemplation and prayer.With respect to his ecclesiology, Journet was influenced by the Second Vatican Council, in which he participated after his elevation to the episcopacy and cardinalate. As an example of this influence, an influence evident in the article below, the conciliar documents speak in several places of the sacramentality of the Church.5 The Church is, in Christ, a sacrament, "a sign and instrument both of a very closely knit union with God and of the [End Page 612] unity of the whole human race."6 Describing the Church as a sacrament is part of the Council's effort to unfold for the Catholic faithful and for the whole world the Church's inner nature and universal mission. Following the teaching of the Council, therefore, Journet includes the Church herself, in her being and action, in "the mystery of sacramentality."7But the mystery of sacramentality includes more than the Church. Indeed, there is a respect in which the entire economy of salvation is sacramental. Furthermore, the Church is a sacrament (a sign and instrument) only in a derived sense, in a way wholly dependent on her divine Spouse and Head. It is for this reason that Journet refers to Christ as "the sacrament of the divine life in its source" and to the Church as "the sacrament of the divine life communicated." Both Christ and the Church, then, are sacraments, but not in precisely the same manner. As Journet puts it, "Now, to which of these two is the Second Vatican Council's definition, 'universal sacrament of salvation,' suited? To Christ and to his Church respectively, though proportionally (that is, analogically)."8Journet's systematic ordering (first Christ, then the Church, and finally the sacraments) is intelligible and consonant with others who suggest that, had St. Thomas written an ecclesiological treatise in the Summa theologiae, it would be situated between the questions on Christ (ST III, qq. 1–59) and the questions on the sacraments (ST III, qq. 60–90).9 Journet begins [End Page 613] his work, however, with a reality that he refuses to call a sacrament, namely, the Most Holy Trinity. The Trinitarian mystery stands at the heart of the Christian faith; it is the source of the mystery of sacramentality. We see the splendor of the entire economy of salvation, and of the New Law especially, in the mystery of the Trinitarian indwelling and missions of the Son and Spirit. The Word became flesh, became human, so that he might rescue our sin-ravaged world. Jesus is, in his sacred humanity, the sacrament of the Trinity, the sacrament of the divine life in its source, to employ again Journet's language.Journet describes the Word as seizing or taking hold of the depths of his sacred humanity in his being and in his action. The Gospels bear authoritative witness to this, but they... (shrink)

Throughout the Yemeni Civil War, western states have supplied weapons used in the indiscriminate bombing campaign conducted by the Saudis. In defence of their actions, British politicians have argued that they are exchanging weapons for influence, and using the influence obtained to encourage compliance with humanitarian law. An additional premise in the argument is that Britain is using its influence more benignly than alternative suppliers would use theirs if Britain were not on the scene. The idea is that Britain is (...) substituting itself for other, less scrupulous, interveners. I argue that, regardless of whether British substitution intervention could be justified in this way…, it is not in fact justified, because Britain has not plausibly used its influence to secure an amount of good sufficient to offset the various harms that its actions have created (or to discharge the expanded duties of rescue that greater influence entails). In addition, the article identifies the various forms that substitution intervention can take, and shows how the concept reveals hitherto neglected reasons to both support and oppose intervention in foreign conflicts. (shrink)

Emile Meyerson's writings on the philosophy of science are a rich source of ideas and information concerning many philosophical and historical aspects of the development of modem science. Meyerson's works are not widely read or cited today by philosophers or even philosophers of science, in part because they have long been out of print and are often not available even in research libraries. There are additional chevaux de!rise for all but the hardiest scholars: Meyerson's books are written in French (and (...) do not all exist in English versions) and deal with the subject matter of science - ideas or concepts, laws or principles, theories - and epis temological questions rather than today's more fashionable topics of the social matrix and external influences on science with the concomitant neglect of the intellectual content of science. Born in Lublin, Poland, in 1859, Meyerson received most of his education in Germany, where he studied from the age of 12 to 23, preparing himself for a career in chemistry.! He moved to Paris in 1882, where he began a career as an industrial chemist. Changing his profession, he then worked for a time as the foreign news editor of the HAVAS News Agency in Paris. In 1898 he joined the agency established by Edmond Rothschild that had as its purpose the settling of Jews in Palestine and became the Director of the Jewish Colonization Association for Europe and Asia Minor. These activities represent Meyerson's formal career. (shrink)

The modern concept of ideology was established by the liberal politician and philosopher Destutt de Tracy, with the objective of creating an all-embracing and general science of ideas, which followed the sensualist and empiricist trend initiated by Locke that culminated in the positivism of Comte. Natural selection and immunity are two key concepts in the history of biology that were strongly based on the Malthusian concept of struggle for existence. This concept wrongly assumed that population grew faster than the means (...) of existence. This “natural” law contained implicitly the idea that the poor and least gifted would not survive. This idea led to the progressive development of the concept of natural selection, whose definitive version was given by Darwin. Mechnikov took the concepts of struggle for existence and natural selection and conceived infectious diseases as a struggle between a host and its invader, the so-called phagocytosis theory. This theory created the necessity to possess mechanisms to discriminate between the own and the foreign, and led to the conception of the immune self. These concepts were not developed from ideas coming from perceptions or sensations, but from ideas coming from their values: individual interest, inevitable inequality, property, utility and profit. Values are ideals that constitute an ideological matrix which exerts a numinous activity and influence the development of our future actions. In consequence, science and its practice cannot avoid and ignore the values that drive them and impulse them towards certain directions. (shrink)

The Tanner Lectures on Human Values, founded July 1, 1978, at Clare Hall, Cambridge University, was established by the American scholar, industrialist, and philanthropist Obert Clark Tanner. Lectureships are awarded to outstanding scholars or leaders in broadly defined fields of human values and transcend ethnic, national, religious, or ideological distinctions. Volume 30 features lectures given in 2010 at Princeton University; Yale University; the University of California, Berkeley; the University of Utah; Stanford University; Clare Hall, Cambridge University; Harvard University; and Brasenose (...) College, Oxford University. CONTRIBUTORS: Bruce Ackerman, “The Decline and Fall of the American Republic” Bruce Ackerman is Sterling Professor of Law and Political Science at Yale and the author of fifteen books that have had a broad influence in political philosophy, constitutional law, and public policy. John Adams, “Doctor Atomic and His Gadgets” John Adams is a musician, composer, writer, and conductor whose work stands out for its depth of expression, its sonic brilliance, and the profoundly humanist nature of its themes. Isabel Allende, “In the Hearts of Women” Isabel Allende is a social activist and feminist whose novels and memoirs have established her as one of the most res-pected writers of our time. Abdullahi An-Nacim, “Transcending Imperialism: Human Values and Global Citizenship” Abdullahi Ahmed An-Nacim is the Charles Howard Candler Professor of Law at Emory Law School and an internationally recognized scholar of Islam and human rights in cross-­cultural perspectives. Mark Danner, “Torture and the Forever War” Mark Danner is a writer, journalist, and professor who has written for more than two decades on foreign affairs and international conflict. Sir Christopher Frayling, “Art and Religion in the Modern West: Some Perspectives” Sir Christopher Frayling is a historian, critic, and an award-winning broadcaster on British network radio and television. He has written seventeen books on the arts and popular culture. Jonathan Lear, “Becoming Human Does Not Come That Easily” Jonathan Lear is the John U. Nef Distinguished Service Professor at the Committee on Social Thought and the Depart-ment of Philosophy at the University of Chicago. His research and writings focus on philosophical conceptions of the human psyche. Ahmed Rashid, “Afghanistan” and “Pakistan” Ahmed Rashid is a reporter from Pakistan whose unique knowledge of this complex region allows him a panoramic vision and nuanced perspective that no Western writer can emulate. (shrink)

Research productivity is an important criterion for the university to assess teachers. Studies about factors that affect teachers’ research productivity are increasing nowadays. It is generally agreed that academics’ research productivity depends on how much mentorship is provided to them and how the current working environment is mediated by their research motivation and self-efficacy. Despite the increasing amount of the literature along this line, we know little about what kinds of situations that Chinese university English as a foreign language (...) (EFL) teachers are in and how they regard the importance of mentorship and what roles their working environments would play in affecting their research productivity. To fill the research gap, we utilized the snowball method to collect the survey data from 546 Chinese EFL tertiary teachers. The results show that mentorship is not correlated with research productivity while the working environment has a positive direct correlation with it. Both motivation and self-efficacy mediate the working environment and research productivity significantly. Specifically, only extrinsic motivation has a negative mediation influence on teachers’ research productivity; teachers’ intrinsic motivation and self-efficacy play a positive mediation role in affecting their research productivity. (shrink)

Congress's national-security legislation will often require clear and specific congressional authorization before the executive can undertake certain actions. The War Powers Resolution, for example, prohibits any law from authorizing military hostilities unless it "specifically authorizes" them. And the Foreign Intelligence Surveillance Act of 1978 required laws to amend FISA or repeal its "exclusive means" provision before they could authorize warrantless electronic surveillance. But efforts to legislate clear-statement regimes in national-security law have failed to induce compliance. The Clinton Administration inferred (...) congressional "authorization" for the 1999 Kosovo War from an appropriations statute that failed to specifically authorize the conflict. And the Bush Administration inferred congressional "authorization" for the NSA surveillance program from ambiguous language in the post-September 11th Authorization to Use Military Force. In both situations, executive-branch lawyers employed expansive theories of implied repeal and constitutional avoidance to evade the codified clear-statement requirements, and Congress and the courts acquiesced to the President's actions. Recent proposals to strengthen the clear-statement requirements in Congress's national-security framework legislation are unlikely to be effective without institutional mechanisms, such as points of order, that can deter future legislators from enacting vague or ambiguous legislation from which the executive might claim implicit congressional "authorization," and that can induce Congress to confront Presidents that act without specific congressional authorization. Simply enacting more narrow or explicit clear-statement requirements, or adding funding restrictions to Congress's framework legislation, fails to counter the aggressive interpretive doctrines that executives of both political parties have used to concoct congressional "authorization" from vague or ambiguous statutory language. (shrink)

Memrise is an educational tool available both online and for mobile devices. Memrise uses flashcards and mnemonic techniques to aid in teaching foreign languages and memorizing information from other subjects, e.g. geography, law or mathematics. Memrise courses are created by its users through the process of crowdsourcing; therefore they are tailored to the individual needs of the users and may focus on the specific content of a particular coursebook or classes. The paper will attempt to present possibilities of using (...) memrise in teaching and learning legal English vocabulary during a tertiary course leading to TOLES certificate examination. The paper will look at various types of exercises which facilitate memorizing vocabulary, learning collocations, prepositional phrases, develop the skill of paraphrasing and defining legal terms of art in plain English. Application of the crowdsourcing method enables the learners to participate in the process of the course creation and constitutes for them a supplementary, out of class exposure to the target language. The second part of the paper will discuss the results of the research conducted by the author among her law students. The aim of the research was to investigate the students′ opinions about memrise as a tool which might facilitate individual learning of the specialist language, as well as to assess whether memrise may influence the test results achieved by the students during the legal English course. The paper will contrastively analyse the progress tests results achieved by the students who have used memrise to revise and recycle language material and those who have chosen traditional methods of learning. The research also attempted to address the question whether the students who had been the contributors to the content of memrise courses had performed better in tests than those who had only been the users. (shrink)

Society has historically not taken a benign view of genetic disease. The laws permitting sterilization of the mentally re tarded~ and those proscribing consanguineous marriages are but two examples. Indeed as far back as the 5th-10th centuries, B.C.E., consanguineous unions were outlawed (Leviticus XVIII, 6). Case law has traditionally tended toward the conservative. It is reactive rather than directive, exerting its influence only after an individual or group has sustained injury and brought suit. In contrast, state legislatures have not been (...) inhibited in enacting statutes. Many of their products can be characterized as hasty, unnecessary, ill-conceived, and based on the heart rather than the head. Moreover the lack of expert consultation sought has also been remarkable. One state legislature, for example, has advocated immunization for sickle cell anemia! Many others have enacted laws for the screening of inborn errors of metabolism, e.g., phenylketon uria, but have poorly defined the lines of responsibility to secure compliance. A spate of specific disease-related bills has emerged in the u.S. Congress, each seeking recognition and appropriations. Sickle cell anemia, hemophilia, Cooley's anemia and Tay-Sachs disease have been among the front-runners for support. Finally, in 1975, Congress has begun to examine an omnibus bill concerning all forms of genetic disease. The bill, termed the National Genetic Diseases Act is, however, still far from being enacted. (shrink)

The ArgumentIn this we explore some of the ways in which a state scientific laboratory (Daresbury SERC) reacted to the rtetoric and forces of the marketpace in the 1980s. We describe laboratory attempts to create what we call “good customers” while converting itself into a “good seller” by developing a particulat set of costing practicting that were closely related to the implementation of a management accounting system. Finally, we consider how Daresbury response to “market forces” influenced scintific and organzational practice, (...) and arsponse that the social technologies of governmentality performed by accountancy — but also by scientific and bureaucratic practice are complex, discursively heterogeneou, and used in context-sensitive ways. This means, or so we suggest, that it is difficult to mount general argunents about “science” and “the market,” and that the use of such large-scale institions impedes impedes analysis. (shrink)

Mamluks reigned in Egypt a long time is an era of Kipchak Turks that have influence management, and Kipchak Turks has been influential in a period in the administration there. During this period, that Turkish rulers do not know Arabic language well, Turkish language is spoken in the palace and also idea of being closer to Turkish manager screated an interest in learning. One of the famous scholars realizing that interest is Abū Ḥayyān al-Andalusī. Abū Ḥayyān by learning Turkish language (...) especially from Fakhr al-dīn Divrigi and analysing written previously works, wrote Kitāb al-Idrāk li-lisān al-Atrāk. This book has consisted of introduction, vocabulary and grammar section. We also aimed in our study to examine Kitāb al-Idrāk in terms of content and than in terms of lexicography of the linguistic branch. -/- SUMMARY Mamluks reigned in Egypt a long time and in its reign Kipchak Turks had influence in management. Because of the Turkish rulers who have military background did not know Arabic language well, Turkish language was spoken in the palace and also idea of being closer of scholars and notable people to Turkish rulers got brought an interest in learning Turkish. One of the famous scholars realizing that interest is Abū Ḥayyān al-Andalusī (d. 745/ 1344). The true name of Abū Ḥayyān is Muḥammed b. Yūsuf b. Ali b. Ḥayyān al-Tawḥīdī and he is an Andalusian linguist and exegete. Abū Ḥayyān who came from a Berber family born in the Matahsharesh village of Granada in 654/1256 and died in Cairo in 28th time 745 (11 July 1344). There is not much information about his family in the sources, but it is mentioned that he has a daughter whose name is Nada, a son named Hayyân in his name, and some grandchildren which are named Muḥammad and Ummu Ḥayyān. Abū Ḥayyān became a famous as Ethīr al-dīn and at the same time, he is also known as Naḥvī, Ghirnātī (Granadian), Ceyyānī, and Nafzī. He took lessons in Granada from great scholars such as Abd al-ḥaķ b. Ali al-Anṣarī, Abū Ḥasan al-Ubbezī, Abū Cafer Aḥmed b. Ibrahīm b. Zubair, Ibn Abū al-Ahvas and became a proficient scholar and teacher in matters such as morphology, syntax, language, commentary, hadith, methodology of Fiqh and Kalām. He wrote about 18 works in different sciences and if we mention some of that are al-Baḥr al-muhīt, al-Nahr al-mād, Tuhfat al-arīb bimā fī al-Qur'ān min al-gharīb and some of his works have reached to our time and some of those did not. Abū Ḥayyān left Andalus for various reasons and visited many centers of science and eventually continued his scientific activities in Cairo. Abū Hayyān, who is a great interest in learning languages, has learned Turkish language with the other popular languages ​​such as Persian, Amharic and Himyarite language and written books about these languages. His mainly works about Turkish language are the Kitāb al-Idrāk li-lisān al-Atrāk, Zehv al-mulk fi naḥv al-Turk, al-Af'al fi lisān al-Turk and al-Durret al-mudiyye fi lughat al-Turkiyye. These works did not reach to our days except Kitāb al-Idrak. Kitāb al-Idrāk consists of three sections, namely introduction, dictionary which includes 2200 words, and grammar that is composed of morphology and syntax and this book which is known as al-Idrāk is written in the Turkish which is spoken in XIV-XVI century tongue and named as Middle Turkish Period-Mamluk Kipchak Turkish. The first chapter begins with basmala and continues with detailed his genealogy, personal record, praise to Allah and salawat and salaam to Prophet Muhammad. After this introduction, it is explained the intention of writing this work. The second chapter is a dictionary which the words are explained in alphabetical order. Although Abū Ḥayyān speaks about 23 letters in the Kipchak alphabet, he does not explain the words related to all, but examines 19 items. In this dictionary, it does not take part some letters, that is letters sā, zāl, zā (letters of lips which is written in English th); letters dâd, ayn, fa (letters of throat) which Arabs use. In the third chapter, there is a part of the tasrif (knowledge of morphology) which is generally called knowledge of morphology today. In this section, it is dealt with about the types of words namely, name of diminutive, name of belonging name, plural, agent name, passive name, exaggerated factor name, infinitive, name indicating the location, name of device, arbitrary name, and idâd (which adds are derivation of noun from name like lık, lik at the end of the word) and then it comes to the end with shadda. Section of syntax which is called by the author as consisted of compound and is prepared according to systematic of Arabic grammar begins with the sentence structure in Kipchak language. After that it continues with definite-ambiguous names, verb (orders, past, imperfect verbs), subject-predicate in nominal sentence, nevāsiḫ (additional actions helped change the meaning of the noun phrase), Arabic leyte which express by the actual wish mold and the like, such as two mef'ūl area of ​​the heart of verbs in Arabic told (I think) were deaf ( Turkmen thinks he), acts like it yet scientists (verb phrase in), acts offender (verb-subject), the abutment of the verb nefiy prepositions, prepositions, the nehiy (ban), passive verbs and naib-i fail (so-called subject); other elements of the sentence, called the act müteallakat are: cognate accusativ, direct object, time period (time complement), the envelope space (located complement), state (envelope), causative object, the exception, the specification, conflict of laws, the annexation, the oat, the dependencies: adjective, conjunction, confirm, the apposition; conditional structure. After these, he mentions to letters of meanings (huruf al-maani), and concludes this chapter with information about the date, place, and name of the author of the book. Abū Hayyān used induction method in the book. Since he gave the forms of the words in double, then the triple, quadruple, quintet and other forms. He tried to teach the pronunciation of words by explaining the etymology of word sand the changes of the voices. He examined the words which are synonyms/ contrasted, synonym voice, singular/plural, and words that are passed by foreign languages into Turkish dialects then they are turned into Turkish word structure; brought out witnesses from proverbs and poetries. As a result, in this work, which consists of dictionary and grammar sections, it can be said that it is used predominantly in linguistic information - translation method . (shrink)

This collection explores some of the many ways in which constitutional orders engage with, and are shaped by, their exteriors. Constitutional and legal theory often marginalize 'foreign' elements, such as norms originating in other legal systems, the movement of individuals across borders, or the application of domestic law to foreign affairs. In The Double-Facing Constitution, these instances of boundary crossing lie at the heart of an alternative understanding of constitutions as permeable membranes, through which norms can and sometimes (...) must travel. Constitutional orders are facing both inwards and outwards - and the outside world influences their interiors just as much as their internal orders help shape their surroundings. Different essays discuss the theoretical and historical foundations of this view, and its contemporary relevance for areas as diverse as migration law, the conflict of laws, and foreign relations law. (shrink)

States have rights to unilaterally determine their own immigration policies under international law and few international institutions regulate states’ decision-making about immigration. As a result, states have extensive discretion over immigration policy. In this paper, I argue that states should join international migration institutions that would constrain their discretion over immigration. Immigration restrictions are morally risky. When states restrict immigration, they risk unjustly harming foreigners and restricting their freedom. Furthermore, biases and epistemic defects pervasively influence states’ decision-making about immigration policy. (...) States should transfer some of their decision-making authority over immigration to more reliable institutions in order to mitigate the risks that they will unjustly restrict immigration. International institutions that include the interests of potential immigrants would be more reliable with respect to immigration policy than unilateral state decision-making. Thus, states should subject their immigration policies to international control. (shrink)

Erasmus of Rotterdam was the greatest Christian humanist scholar of the Northern European Renaissance, a correspondent of Sir Thomas More and many other learned men of his time, known to his contemporaries and to posterity for subtlety of his thought and the depth of his learning. He was also, according to some modern writers, an anti-Semite. In this complete analysis of all of Erasmus' writings on Jews and Judaism, Shimon Markish asserts that the accusation cannot be sustained. For Markish, to (...) ask whether Erasmus was a friend or enemy of the Jews is to ask a modern question of a sixteenth-century man, whose attitude can best be called "asemitism." Erasmus' chief preoccupation was with the future of "the true philosophy of Christ"; he had little interest in the Jewish community of his own time. Erasmus and the Jews discusses Erasmus' critique of Mosaic law and his view of the conflict between "Judaism" as legalistic morality and Jesus' teaching; his judgment on the Pharisees of Jesus' time; his emphasis on the importance of the study of Hebrew; and his opinions of sixteenth-century Jews. This meticulous analysis reveals an Erasmus who defended his vision of true piety by rejecting "Judaizing" Christians more than Jews and who saw the Old Testament as integral to the Christian worldview. As a Christian, he regretted nonbelief and pitied unbelievers, without vicious hostility toward any single people. His theological opposition to a form of religious thought which he identified with Judaism was not translated into crude prejudice against actual Jews. In general, his calm consideration of the strange and the foreign and his willingness to restrict his judgments to the philosophical realm were, Markish argues, early and significant steps toward enlightened toleration. Markish's discussion of Erasmus is supplemented with an Afterword by theologian and philosopher Arthur A. Cohen, who offers a variant interpretation of Erasmus' writings and attitudes. The juxtaposed arguments of the two scholars make this an especially illuminating work for any student of Erasmus and his influence. Erasmus and the Jews also gives a necessary clarity to our understanding of the meaning of anti-Semitism and the history of religious toleration. Markish's profound knowledge of Erasmus allows him to demonstrate the fundamental importance of putting arguments and terminology in the context of a thinker's work and his own time. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Historical Representation and the Nation-State in Romantic Belgium (1830–1850)Jo TollebeekThe transformation of the Ancien Régime society of estates into the modern state system as it exists in Europe today was concluded during the “long nineteenth century.” This process of transformation came about in two waves. In a first wave—during the decades preceding and following the French Revolution, roughly the years 1780-1848—the framework for the nation-state was created. It was (...) mainly the liberal bourgeoisie which stood at the forefront. After the Congress of Vienna, where the “ante bellum” situation had been restored, it led more or less successful national revolutions in Germany, Italy, Spain, Belgium, and Poland. In a second wave, starting with the Franco-Prussian War of 1870 and ending with the First World War, the framework of the nation-state was filled in. In those years a growing number of social groups found accommodation in the liberal house, which they also managed thoroughly to rebuild. This period can be described as the phase of integrated nationalism.Together with the nation-state came the rise of modern national his-toriography. The most well-known exponents of this typically nineteenth-century genre were the monumental outlines of national pasts which started appearing from 1890 onward. Karl Lamprecht in Germany (Deutsche Geschichte, 1890–1909), Pieter Jan Blok in the Netherlands (Geschiedenis van het Nederlandsche Volk, 1892–1908), Henri Pirenne in Belgium (Histoire de Belgique, 1900–1932), and Ernest Lavisse and his collaborators in France (Histoire de France, 1901–11) all gave their respective countries’ pasts an impressive, scholarly design. The first phase of the emergence of the nation-state, however, was also ac-companied by a stream of national histories. Johannes von Müller in Switzerland (Geschichten Schweizerischer Eidgenossenschaft, 1786–1808), Simonde de [End Page 329] Sismondi in Italy (Histoire des Républiques italiennes du Moyen Age, 1807–18), Augustin Thierry in France (Lettres sur l’Histoire de France, 1820–27), and Willem Bilderdijk in the Netherlands (Geschiedenis des Vader-lands, posthumously 1833–53) all became authors of patriotic and romantically tinted surveys and studies of (fragments from) their own national history.The work of this second group of historians fits with the cultural nationalism which took root during the last decades of the eighteenth and the beginning of the nineteenth centuries and which is sometimes considered to have been the heart of romantic nationalism. 1 The supporters of this nationalism were con-vinced that culture, lifestyle, and social institutions could only be understood as the expression of the “soul,” the “spirit,” or the “character” of a people or nation. They tried to deduce this individual character through the language, popular literature, art, and “national” (as opposed to Roman) law, as is demonstrated by the Gaelic revival in Ireland. 2 History, however, also attracted their interest; the nation and the people were after all considered to be dynamic entities which developed along the lines of a multiple causal process. In England, for example, where nationalism arose as a protest against excessive foreign—French—cultural influence, a group of historians, among them Catherine Macaulay and John Pinkerton, started publishing nationalistic histories during the early years of George III’s reign, paying special attention to the origin of the English people. 3 Such cultural nationalism could, however, easily take on political overtones, especially when it was the nationalism of a people who were either stateless or dispersed throughout different states, or whose state was still young.These earliest national histories were meant as a contribution to the formation, consolidation, and confirmation of a national identity. Their writers had to lend unity, specificity, and continuity to the national past. They had to, as Novalis observed in 1798, “organize historical essentials.” 4 Their work was less a matter of reconstruction than of construction. It not only required the exploration of a hitherto unknown field, but first and foremost the resolution of new problems of representation inherent in the writing of “national biographies.” In this essay, I shall discuss some of these problems in the light of Belgian national historical writing from 1830 through 1850. The year 1830 constitutes an important watershed in the history of national movements... (shrink)

The classics appear conspicuously in the pamphlet wars of the American Revolution, though in the opinion of Bernard Bailyn , their presence is “window-dressing” and their influence “superficial.” They are “ everywhere illustrative, not determinative, of thought” . Up the scale in influence comes Enlightenment rationalism, also “superficial” but only “at times”—that removes the foreigners, ancient and modern. Then, further up the scale are English common-law writers, “powerfully influential” though still insufficiently “determinative”; above them, a “major source,” New England Puritan (...) thought and culture; and finally, at the top, seventeenth-century British “heroes of liberty” and the “early eighteenth-century transmitters of this tradition,” e.g. Commonwealth men, Bishop Hoadly. Who would have thought that the bishop of Winchester weighed in the balance more heavily than Plato and Aristotle? Only once in passing does Bailyn even mention Machiavelli, to whom J. G. A. Pocock, Quentin Skinner, and Harvey C. Mansfield would grant large prominence in the development of Revolutionary thought. (shrink)