Serious gender-based crimes were committed against women and girls during Sierra Leone’s decade-long armed conflict. This article examines how the Special Court for Sierra Leone has approached these crimes in its first four judgments. The June 20, 2007 trial judgment in the Armed Forces Revolutionary Council case assists international criminal law’s limited understanding of the crime against humanity of forced marriage, but also collapses evidence of that crime into the war crime of outrages upon (...) personal dignity. The February 22, 2008 appeals judgment attempts to correct this misstep. In contrast, the August 2, 2007 trial judgment in the Civil Defence Forces case is virtually silent on crimes committed against women and girls, although the May 28, 2008 appeals judgment attempts to partially redress this silence. This article concludes that the four judgments, considered together, raise the specter that the Special Court could potentially fail to make a significant progressive contribution to gender-sensitive transitional justice. (shrink)

In the ‘Justice Cascade’, Kathryn Sikkink argues that “foreign prosecutions and international tribunals can be cost-effective alternatives to military intervention.” Yet, the successes of the Special Court for Sierra Leone—in prosecuting former Liberian President Charles Taylor and in imposing accountability on the leaders of all armed groups regardless of political alignment—were dependent on a commitment by Western powers and international and regional organizations to a military victory against the rebels in Sierra Leone and coercive (...) regime change in Liberia. The lesson that should be drawn from this case—which parallels that of other international tribunals set up during ongoing violence—is that the prospects for international criminal justice during civil wars are dependent on the political strategies adopted by outsiders to address the conflict and that taking criminal accountability seriously requires an interventionist rather than a consent-based approach to conflict resolution. (shrink)

The Special Court for Sierra Leone and the Extraordinary Chambers for Cambodia represent a departure from the model established by the International Criminal Tribunal for the former Yygoslavia and the International Criminal Tribunal for Rwanda. The SCSL and the ECC have often been referred to as “mixed” or “hybrid” tribunals in which there are significant domestic and international components. The tribunals include a combination of domestic and international judges, utilize domestic and international laws and are administered (...) by a prosecutorial team composed of domestic and international lawyers. Many of these institutional changes have been brought about because of criticisms of the ICTY and the ICTR. The fundamental question of this article is whether these mixed tribunals are a more effective mechanism for providing justice and reconciliation than purely international solutions. This is an important question because both the international community and states are moving in the direction of mixed tribunals. (shrink)

This article looks at the development of Sierra Leone’s ship repair cluster, particularly focusing on the period 1780 to 1860. It argues that several factors contributed to the colony’s ability to develop a ship repair cluster. The first was the local environment, which provided both a safe harbor for ships and boats, and local materials that could be used on European and American ships. Secondly, the port’s increasing commercial role and its unique position as the site of the (...) Courts of Mixed Commission for the adjudication of condemned slaving ships after the abolition of the slave trade gave ship’s carpenters access to a wide and varied range of both customers and supplies. Finally, these material effects were enhanced by the cluster’s effect on knowledge spillover and on-the-spot tacit knowledge creation as disruptions in the supply chain, competition with slave traders, and other local circumstances fostered innovation in Freetown’s repair cluster. (shrink)

On 25 May 1993 the United Nations Security Council took the extraordinary and unprecedented step of deciding to establish the International Criminal Tribunal for the Former Yugoslavia as a mechanism for the restoration and maintenance of international peace and security. This was an extremely significant innovation in the use of mandatory enforcement powers by the Security Council, and the manifestation of an explicit link between peace and justice - politics and law. The establishment of ad hoc tribunals for the former (...) Yugoslavia and Rwanda was followed by the adoption of the Rome Statute of the ICC in July 1998, the arrest of General Augusto Pinochet in London in October 1998, and the establishment of ad hoc tribunals in Cambodia, Sierra Leone, and East Timor, all of which pointed to an emerging norm of international criminal justice. The key to understanding this is the relationship between the political mandate and the judicial function. The Tribunal was established as a tool of politics, but it was a judicial, not a political tool.This book provides a systematic examination of the Tribunal, what it is, why it was established, how it functions, and where its significance lies. The central question is whether an international judicial institution, such as the Tribunal, can operate in a highly politicized context and fulfill an explicit political purpose, without the judicial process becoming politicized. Separate chapters chart the origins of the court, the process of establishment, jurisdiction, procedure, state co-operation, including obtaining custody of accused, and the role and function of the Chief Prosecutor. This last element is the key to the Tribunal's success in maintaining a delicate balancing act so that its external political function does not impinge on its impartial judicial status, and instead enhances its effectiveness. The book concludes with an assessment of the conduct of the Milosevic case to date. (shrink)

The article addresses critical discourses pertaining to triangulation methodology as a step forward in dealing with policy formulation, particularly at the Bank of Sierra Leone. Alternative prescriptive measure like critical discourse analysis have been proposed as a means to the cutting head development in bridging the gap between orthodox and heterodox views of economic sciences investigations.

Research in the subject area of economics (as a social science) has defined its ontologie of scientific investigation through economic methodology; a philosophical approach entailing the proviso of empirical evidence and backed by an understanding of human interaction in their natural habitat. The contention of economic methodology being refuted for its non-scientific means of investigation and particularly with the application of Ceteris Paribus (CP) law, has been critically addressed in this article, with Sierra Leone as a case example. (...) Sierra Leone is a complex economy and issues surrounding the assumption of CP has been brought to the fore, with a view of the political economy structure being made transparent so as to make it possible for economists to address critical issues surrounding corruption (exogenous factors), not accounted for in econometric modelling. This is not necessarily that which is considered as the most obvious, with the use of CP concept, for example, the influence of naturally occurring incidents like adverse weather conditions, flooding and earthquakes. (shrink)

This article has provided some philosophical thoughts concerning the journey of research undertakings involving human participants, with consideration given to both natural / physical and human / social science fields, and with a focus on the situation in Sierra Leone. In the process of professional engagement, researchers must seek to give serious reflective thoughts on how their engagement may affect participants and communities - this study has unravelled some thoughts on evolving perspectives. Ethical code of practice has been (...) highlighted as an important instrument in helping researchers manifest serious thoughts in their epistemic quest for pursuing knowledge, through engagement with human participants. The ethical requirement of a researcher to demonstrate intellectual virtue / prudence is a key aspect of the discourse in this article - that which enable trust to be established, and more so, the researcher's ability to exercise practical wisdom in their engagement with research communities. Keywords : Phronesis; Epistemology; Ethics; Praxis; Human Participants; Sierra Leone. (shrink)

Proof-theoretic reflection principles have been discussed in proof theory ever since Gödel’s discovery of the incompleteness theorems. But these reflection principles have not received much attention in the philosophical community. The present chapter aims to survey some of the principal meta-mathematical results on the iteration of proof-theoretic reflection principles and investigate these results from a logico-philosophical perspective; we will concentrate on the epistemological significance of these technical results and on the epistemic notions involved in the proofs. In particular, we will (...) focus on the notions of commitment to and acceptance of a theory. Special attention is given to the connection between proof-theoretic reflection and axiomatic truth theories. After distinguishing between different types of proof-theoretic reflection principles, we review some proof-theoretic results concerning extensions of formal theories by (iterated) reflection principles. As basis theories, we concentrate on standard arithmetical and elementary axiomatic truth theories. We then go on to explore the epistemological significance of these results. In this investigation, we aim to show that the epistemic notion of acceptance of (or commitment to) a theory plays a crucial role in the philosophical argumentation for reflection principles and their iteration. (shrink)

This article addressed historical aspects of the political economy involving sustained forest ecology in Sierra Leone as a whole, with emphasis on the Freetown Peninsula and its surrounding communities. Attention is paid to cultural, social and economic aspects involving forest livelihoods of residents on the Freetown Peninsula and far afield. The term 'Political Economy' is used in this situation to denote the relationship between the economics of people's livelihoods and public policy (in relation to the management of legislative (...) procedures) in ensuring that resources in the forest environment is sustainably managed to cater for the livelihood needs of people in Sierra Leone, while at the same time maintaining a balance in protecting the forest ecosystems. The paper has provided a critical review of the political economy of forest ecology in the country on the basis of scholarly discourses, and its applicability in adapting to the fragile political administrative management Sierra Leone have (and is continuing to) experienced. (shrink)

The prominence given in national or state-wide curriculum policy to thinking, the development of democratic dispositions and preparation for the ‘good life’, usually articulated in terms of lifelong learning and fulfilment of personal life goals, gives rise to the current spate of interest in the role that could be played by philosophy in schools. Theorists and practitioners working in the area of philosophy for schools advocate the inclusion of philosophy in school curricula to meet these policy objectives. This article tests (...) claims that philosophy can aid in the acquisition of democratic dispositions and develop critical thinking and considers to the extent to which these aims are compatible with each other. These considerations are located in the context of certain policy statements relating to the curricula of Western Australia and New Zealand. (shrink)

This article presents findings from a qualitative case study of the Truth and Reconciliation Commission (TRC) in rural Sierra Leone. It adds to the sparse literature directly evaluating local experiences of transitional justice mechanisms. It investigates the conceptual foundations of retributive and restorative approaches to postwar justice, and describes the emerging alternative argument demanding attention be paid to economic, cultural, and social rights in such transitional situations. The article describes how justice is defined in Makeni, a town in (...) Northern Sierra Leone, and shows that the TRC’s restorative approach was unable to generate a sense of postwar justice, and was, to many, experienced as a provocation. The conclusions support an alternative distributive conception of justice and show that local conception of rights, experiences of infringement and needs for redress, demand social, cultural, and economic considerations be taken seriously in transitional justice cases. (shrink)

The thought about this book has been developed with the view of adding value to the teaching of Research Methodology for undergraduate and graduate students in developing economies like Sierra Leone. At the same time, it is a very useful tool for professionals engaged in research as part of their work life and for which their understanding of the dichotomy between Research Methods and Research Methodology needs to be addressed. It is divided into distinct sections, which makes it (...) very easy for the beginner researcher to understand the difference in concepts used, while at the same time enhancing their basic understanding of scientific tool(s) needed to pursue ontological research, with the aim of adding new value in the body of knowledge. The main motivation for producing the first edition is based on the following: ● To write a book that focused on using and applying the techniques of research methodology in a research setting. ● To write a book that is accessible to students and practicing researchers in developing country like Sierra Leone, where the subject matter is not so well taught, but critical in developing knowledge capacity for graduates entering the profession of research. ● To pursue critical research, particularly in the social science field pertaining to Econometrics, Sociology, Development Economics and many more. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:158 Feminist Studies 46, no. 1. © 2020 by Feminist Studies, Inc. María Fernanda Olarte-Sierra and Tania Pérez-Bustos Careful Speculations: Toward a Caring Science of Forensic Genetics in Colombia Feminist Science and Technology Studies (STS) has recently opened up the question of care as a set of practices related to the sustainability of life.1 The field of feminist studies more broadly has extensively 1. This literature mostly comes (...) from Northern contexts and started to flourish with the seminal work of María Puig de la Bellacasa, “Matters of Care in Technoscience: Assembling Neglected Things,” Social Studies of Science 41, no. 1 (2010): 85–106. This essay gathers scattered feminist STS reflections on these issues and looks at them through the lens of care, including authors such as Susan Leigh Star, Donna Haraway, Isabelle Stengers, Hilary Rose, and Annemarie Mol. The concept of care orienting this exercise of rereading these authors is proposed by Berenice Fisher and Joan Tronto, “Toward a Feminist Theory of Caring,” in Circles of Care: Work and Identity in Women’s Lives, ed. Emily K. Abel and Margaret K. Nelson (Albany: State University of New York Press, 1990), 35–62. Before and after that essay came out, Puig de la Bellacasa published several other papers related to this issue, including “Touching Technologies, Touching Visions. The Reclaiming of Sensorial Experience and the Politics of Speculative Thinking,” Subjectivity 28, no. 1 (2009): 297–315; “‘Nothing Comes without Its World’: Thinking with Care,” The Sociological Review 60, no. 2 (2012): 197– 216; “Ethical Doings in Naturecultures,” Ethics, Place & Environment 13, no. 2 (2010): 151–69; “Making Time for Soil: Technoscientific Futurity and the Pace of Care,” Social Studies of Science 45, no. 5 (2015): 691–716; and Matters of Care: Speculative Ethics in More than Human Worlds (Minneapolis: University of Minnesota Press, 2017). All these publications have been widely cited by other authors, particularly in a special issue of Social Studies of Science on the politics of care published in 2015 (volume 45, issue 5). Other examples María Fernanda Olarte-Sierra and Tania Pérez-Bustos 159 studied how care, and associated practices such as transnational care chains, are feminized and precarious—involving an ethos embodied by those who actively work to maintain or preserve another’s life. Feminists have focused on the politics of care embedded in invisible jobs related to aesthetics, domestic work, child and elder care, and sexual activities and see all these tasks as related to the reproduction of life and culture.2 Central to this conceptualization of care is the understanding that these jobs are typically women’s work. There is a common association between this care and notions of “motherhood” as it relates to values such as compassion, love, and respect, which have been constructed as universally feminine. However, the main goal of feminist studies of care has been to deconstruct this association, particularly because it is imbued with the white, wealthy, heteronormative ideal of femininity that underlies a gendered division of labor. The reality is that class, race, nation, and gender determine who cares for whom, whether or not labor is paid, and to what extent care is exploitative. One strand of recent research problematizes both valorizing and criticizing care practices on the grounds that they are based on a rather homogeneous understanding of the feminine. Instead, these scholars seek to resurrect valuable feminist work without relying on essentialism of authors contributing to this discussion on care as an ethos for science include Ruth Müller and Martha Kenney, “Agential Conversations: Interviewing Postdoctoral Life Scientists and the Politics of Mundane Research Practices,” Science as Culture 24, no. 4 (2014): 537–59; Charis Thompson, Good Science: The Ethical Choreography of Stem Cell Research (Cambridge, MA: MIT Press, 2013); and Carrie Friese, “Realizing Potential in Translational Medicine: The Uncanny Emergence of Care as Science,” Current Anthropology 54 (S7): S129-S138. 2. From Latin America, see, for example, Luz Gabriela Arango Gaviria, Adira Amaya Urquijo, Tania Pérez-Bustos, and Javier Pineda Duque, eds., Género y cuidado: teorías, escenarios y políticas (Bogotá: Universidad Nacional de Colombia, 2018); Pascale Molinier and Luz Grabriela Arango Gaviria, eds., El trabajo y... (shrink)

This article has provided some philosophical thoughts concerning the journey of research undertakings involving human participants, with consideration given to both natural / physical and human / social science fields, and with a focus on the situation in Sierra Leone. In the process of professional engagement, researchers must seek to give serious reflective thoughts on how their engagement may affect participants and communities - this study has unravelled some thoughts on evolving perspectives.Ethical code of practice has been highlighted (...) as an important instrument in helping researchers manifest serious thoughts in their epistemic quest for pursuing knowledge, through engagement with human participants. The ethical requirement of a researcher to demonstrate intellectual virtue / prudence is a key aspect of the discourse in this article - that which enable trust to be established, and more so, the researcher's ability to exercise practical wisdom in their engagement with research communities. (shrink)

Nurse Kaci Hickox is among the “Ebola Fighters” honored by Time magazine as its 2014 Person of the Year, having treated Ebola patients in Sierra Leone while volunteering with Médecins Sans Frontieres. When she returned to the United States in October 2014, she was quarantined in New Jersey for three days before returning home to Maine under the terms of a negotiated release. A year later, in October 2015, Hickox filed suit in federal court against Governor Chris (...) Christie and New Jersey health officials, claiming that the quarantine violated her civil rights. Her complaint asserts that New Jersey officials lacked the authority to quarantine her because she did not pose a significant risk of transmission. The lawsuit raises important questions about disease-transmission risk, the inability of science to rule out certain theoretical risks, and the state's power to quarantine. It also demonstrates that population health depends on respecting individual liberty and using the best available epidemiological data to set public health policy. (shrink)

This paper examines the extent to which dispute resolvers in customary law systems provide widely understandable justifications for their decisions. The paper first examines the liberal-democratic reasons for the importance of publicity, understood to be wide accessibility of legal justification, by reviewing the uses of publicity in Habermas’ and Rawls’ accounts of the rule of law. Taking examples from Sierra Leone, the paper then argues that customary law systems would benefit from making local dispute resolution practices, such as (...) “begging” from elders, witchcraft, and customary law judgments, more widely accessible. The paper concludes that while legal pluralism is usually taken to be an analytical concept, it may have a normative thrust as well, and that publicity standards would also apply to formal courts in developing countries, which are also typically “defective” along this dimension. (shrink)

In previous work the author was able to derive the Schrödinger equation by an analytical approach built around a physical model that featured a special diffusion process in an ensemble of particles. In the present work, this approach is extended to include the derivation of the Dirac equation. To do this, the physical model has to be modified to make provision for intrinsic electric and magnetic dipoles to be associated with each ensemble particle.

Sexual and reproductive health is a challenge worldwide, and much progress is needed to reach the relevant UN Sustainable Development Goals. This paper presents cross-sectional data collected in Sierra Leone on sexual and gender-based violence, family planning, child, early and forced marriage, and female genital mutilation using an innovative method of measurement: situational judgment tests, as a subset of questions within a larger survey tool. For the SJTs, respondents saw hypothetical scenarios on these themes and had to indicate (...) how they would react. The objective is to give an impression of beliefs and norms on specific behaviors, which provide insights for social and behavior change interventions. Data was collected by enumerators traveling to villages randomly selected in six districts of the country. The sample is composed of 566 respondents. Results show that FGM in particular seem to be a priority topic, in comparison to the other topics for which the norms seem to be stronger against those practices. Age differences emerged and suggest priority groups to be targeted. In terms of validity of the measurement methods, situational judgment test answers correlated positively with other items in the survey, but the magnitude of the association is often small, and sometimes not significant. Thus, more studies are needed to further explore the validity of this measure by comparing against a reference value. Using SJTs could complement other data collection tools to perform community assessment, and orient the direction of the program in its planning phase. (shrink)

If mathematics is regarded as a science, then the philosophy of mathematics can be regarded as a branch of the philosophy of science, next to disciplines such as the philosophy of physics and the philosophy of biology. However, because of its subject matter, the philosophy of mathematics occupies a special place in the philosophy of science. Whereas the natural sciences investigate entities that are located in space and time, it is not at all obvious that this is also the (...) case with respect to the objects that are studied in mathematics. In addition to that, the methods of investigation of mathematics differ markedly from the methods of investigation in the natural sciences. Whereas the latter acquire general knowledge using inductive methods, mathematical knowledge appears to be acquired in a different way, namely, by deduction from basic principles. The status of mathematical knowledge also appears to differ from the status of knowledge in the natural sciences. The theories of the natural sciences appear to be less certain and more open to revision than mathematical theories. For these reasons mathematics poses problems of a quite distinctive kind for philosophy. Therefore philosophers have accorded special attention to ontological and epistemological questions concerning mathematics. (shrink)

As part of its response to the 2014 Ebola outbreak in west Africa, the United Kingdom government established an Ebola treatment unit in Sierra Leone, staffed by military personnel. Little is known about the ethical challenges experienced by military medical staff on humanitarian deployment. We designed a qualitative study to explore this further with those who worked in the treatment unit. Semi-structured, face-to-face and telephone interviews were conducted with 20 UK military personnel deployed between October 2014 and April (...) 2015 in one of three roles in the Ebola treatment unit: clinician; nursing and nursing assistant; and other medical support work, including infection control and laboratory and mortuary services. Many participants reported feeling ethically motivated to volunteer for deployment, but for some personal interests were also a consideration. A small minority had negative feelings towards the deployment, others felt that this deployment like any other was part of military service. Almost all had initial concerns about personal safety but were reassured by their pre-deployment 'drills and skills', and personal protective equipment. Risk perceptions were related to perceptions about military service. Efforts to minimise infection risk were perceived to have made good patient care more difficult. Significantly, some thought the humanitarian nature of the mission justified tolerating greater risks to staff. Trust in the military institution and colleagues was expressed; many participants referred to the ethical obligation within the chain of command to protect those under their command. Participants expected resources to be overwhelmed and ‘empty beds’ presented a significant and pervasive ethical challenge. Most thought more patients could and should have been treated. Points of reference for participants’ ethical values were: previous deployment experience; previous UK/National Health Service experience; professional ethics; and, distinctly military values. We report the first systematic exploration of the ethical challenges face by a Western medical military in the international response to the first major Ebola outbreak. We offer unique insights into the military healthcare workers’ experiences of humanitarian deployment. Many participants expressed motivations that gave them common purpose with civilian volunteers. (shrink)

Background As part of its response to the 2014 Ebola outbreak in west Africa, the United Kingdom government established an Ebola treatment unit in Sierra Leone, staffed by military personnel. Little is known about the ethical challenges experienced by military medical staff on humanitarian deployment. We designed a qualitative study to explore this further with those who worked in the treatment unit. Method Semi-structured, face-to-face and telephone interviews were conducted with 20 UK military personnel deployed between October 2014 (...) and April 2015 in one of three roles in the Ebola treatment unit: clinician; nursing and nursing assistant; and other medical support work, including infection control and laboratory and mortuary services. Results Many participants reported feeling ethically motivated to volunteer for deployment, but for some personal interests were also a consideration. A small minority had negative feelings towards the deployment, others felt that this deployment like any other was part of military service. Almost all had initial concerns about personal safety but were reassured by their pre-deployment 'drills and skills', and personal protective equipment. Risk perceptions were related to perceptions about military service. Efforts to minimise infection risk were perceived to have made good patient care more difficult. Significantly, some thought the humanitarian nature of the mission justified tolerating greater risks to staff. Trust in the military institution and colleagues was expressed; many participants referred to the ethical obligation within the chain of command to protect those under their command. Participants expected resources to be overwhelmed and ‘empty beds’ presented a significant and pervasive ethical challenge. Most thought more patients could and should have been treated. Points of reference for participants’ ethical values were: previous deployment experience; previous UK/National Health Service experience; professional ethics; and, distinctly military values. Conclusion We report the first systematic exploration of the ethical challenges face by a Western medical military in the international response to the first major Ebola outbreak. We offer unique insights into the military healthcare workers’ experiences of humanitarian deployment. Many participants expressed motivations that gave them common purpose with civilian volunteers. (shrink)

From the time of British colonial settlement, innumerable taonga have been appropriated from the indigenous Māori population of Aotearoa/New Zealand, from cloaks, weapons, carvings and musical instruments to the practices and products of tā moko. This article focuses on the topic of cultural appropriation, homing in on a recent legal case, Whitmill v. Warner Bros., in which an artist sued Warner Bros. in a US court for pirating a ‘ Māori-inspired’ tattoo created for Mike Tyson, so as to tease (...) out the conflicts between intellectual property laws and norms on one hand, and international frameworks for human and cultural rights on the other. It examines the implications of the case for tā moko as an indigenous artistic tradition, and the tension between human/artistic and cultural rights, before discussing potential remedial strategies, drawing on the findings of the Wai 262 report into claims concerning New Zealand law and policy affecting Māori culture and identity. Theoretically, it employs Manuel DeLanda’s assemblage theory as a framework for analysis, the benefit of DeLanda’s work being that it provides a novel approach circumventing the usual ontological terms of intellectual property laws and norms, which tend towards a kind of methodological individualism or micro-reductionism. (shrink)

A leading scholar of humanitarian intervention, Brown (2002) refers to British internal politics to satisfy the influential church and other non-conformist libertarian community leaders, and above all ?undermining Britain's competitors, such as Spain and Portugal, who were still reliant on slave labour to power their economies, as the principal motivation for calls to end the slave trade than any genuine humanitarian concerns of racial equality or global justice?. Drawing on an empirical exploration, this article seeks to draw a parallel between (...) this politics of humanitarian intervention which characterised the abolition movement, albeit rarely recognised in the academic literature, and the British intervention to end the almost 11 year civil war in Sierra Leone. The article concludes with a discussion on the implications of this politics of humanitarian intervention in the reconstruction of post-conflict Sierra Leone. (shrink)

David Papineau [1999. “Normativity and Judgement.” Proceedings of the Aristotelian Society 73 : 16–43.] argues that norms of judgement pose no special problem for naturalism, because all such norms of judgement are derived from moral or personal values. Papineau claims that this account of the normativity of judgement presupposes an account of content that places normativity outside the analysis of content, because in his view any accounts of content that place normativity inside the analysis of content cannot explain the (...) normativity of judgement in the derivative way he proposes. Furthermore, he argues that normative accounts of content along those lines are independently problematic. In this paper I aim to respond to both objections, by arguing that normative accounts of content can be seen as naturalist accounts, even if they place normativity inside the analysis of content; and that normative accounts of content are compatible with a derivative account of norms of judgement of the sort Papi... (shrink)

Celebrated as the equal to the great philosophers of old, namely Plato and Aristotle, whom – as Cassiodorus put it – he taught to speak Latin better than they spoke Greek, Boethius aspired to fully emancipate Roman culture from its Greek models through translations and exegesis so faithful they would leave nothing more to be desired from the original. The essay focuses on Boethius philhellenism, without complexes insofar as it had little to do either with the mixed feelings of his (...) Roman predecessors or with the plundering agenda of his Christian contemporaries. Special attention is paid to the close relationship Boethius established between word for word translations and multi-layered commentaries which he thought of and – albeit partially – carried out as part of the same scholarly endeavour. Devoid of literary pretentions as well as free from aspirations to autonomy, Boethius literal rendering and scrupulous interpretation were meant to be completely self-sufficient. Together they stand out as both the most innovative and the most conservative features of his ambitious cultural project. -/- Célébré comme l’égal des grands philosophes du passé, auxquels il aurait appris à parler Latin mieux qu’ils ne parlaient Grec, Boèce a caressé le rêve d’une émancipation radicale de la culture romaine vis-à-vis des modèles grecs qu’il se proposait de traduire et interpréter assez fidèlement pour que la comparaison avec les sources ne soit plus nécessaire. De son effort de livrer un Aristote et un Platon latins à la hauteur des originaux grecs, nous étudions l’étroite solidarité qui relie la traduction mot-à-mot des textes grecs et la restitution scrupuleuse de leur sens. Cette double tâche, que Boèce a conçue et menée d’un seul tenant, nous est dès lors apparue comme le reflet d’un philhellénisme sans complexes, tout aussi éloigné des sentiments ambivalents que nourrissaient vis-à-vis des hellènes ses devanciers romains que des efforts visant à domestiquer l’héritage classique auxquels se livraient certains de ses contemporains de même confession que lui. Affranchis de tout rêve d’autonomie, les traductions et les commentaires de Boèce se conçoivent comme parfaitement autosuffisants. Ensemble ils constituent ce qu’il y a à la fois de franchement novateur et de profondément conservateur dans son projet de faire parler Latin les sources grecques. (shrink)

This article presents findings from a qualitative case study of the Truth and Reconciliation Commission (TRC) in rural Sierra Leone. It adds to the sparse literature directly evaluating local experiences of transitional justice mechanisms. It investigates the conceptual foundations of retributive and restorative approaches to postwar justice, and describes the emerging alternative argument demanding attention be paid to economic, cultural, and social rights in such transitional situations. The article describes how justice is defined in Makeni, a town in (...) Northern Sierra Leone, and shows that the TRC’s restorative approach was unable to generate a sense of postwar justice, and was, to many, experienced as a provocation. The conclusions support an alternative distributive conception of justice and show that local conception of rights, experiences of infringement and needs for redress, demand social, cultural, and economic considerations be taken seriously in transitional justice cases. (shrink)

The general question of defining the expectation value of an operator for a fixed value of another noncommuting observable is considered and explicit expressions are derived. Due to the noncommutivity of operators a unique definition is not possible, and we consider different possible expressions. Special cases which have previously been considered in the literature are shown to be derivable from the methods presented.

This article is contextualized within the recent evolution of household employment in Spain. In the context of the strong demand for personal care services – due to rapid population ageing, mass incorporation of women into the labour market and insufficient collective provision of care services – the growth of domestic work is closely related to the overall social organization of care and specific migration policies that have eased, both implicitly and explicitly, the labour supply of foreign women into Spanish households. (...) In line with ongoing debates in the academic literature as well as in the political sphere, this article seeks to explain the extent to which domestic work can or should be considered as any other job in terms of social and employment rights and obligations. To that end, it evaluates changes in the regulation of household employment in Spain since the creation of the Special Regime for Household Employees in 1969 until the most recent 2011 reform. Following the recommendations of the ILO Convention for Domestic Workers, this latest reform puts domestic workers on equal footing with other dependent employees. It thus implies a sea change in relation to the discriminatory treatment embedded in previous legal frameworks. The main hindrance to the effective transposition of the norm however remains the strong presence of the informal economy and a dubious political commitment to ensure its application. (shrink)

This chapter provides an overview and critical discussion of cosmological arguments for theism, with special focus on the Kalam argument and arguments from contingency.

Empirical evidence suggests that people often confabulate when they are asked about their choices or reasons for action. The implications of these studies are the topic of intense debate in philosophy and the cognitive sciences. An important question in this debate is whether the confabulation studies pose a serious threat to the possibility of self-knowledge. In this paper we are not primarily interested in the consequences of confabulation for self-knowledge. Instead, we focus on a different issue: what confabulation implies for (...) the special status of self-attributions, i.e. first-person authority. In the first part of the paper, we propose that FPA is based on a capacity for self-regulation. Accordingly, FPA depends on the extent to which we are able to bridge the gap between our sayings and doings by aligning our actions with our avowed self-ascriptions and vice versa. FPA is withheld when we fail at such re-alignment. In the second part of the paper, we contrast our view with the accounts of Scaife and Bortolotti :227–249, 2018). We claim that the apparent fact that we cannot reliably distinguish, from a first-person perspective, when we are confabulating and when we are not, does not necessarily undermine FPA. We argue that a systematic failure to align our actions with our self-ascriptions and vice-versa is a genuine threat to FPA. In the last part of the paper, we introduce the concept of self-know-how—the know-how embodied in the way one is disposed to relate to oneself in making sense of oneself with or in the face of others—and briefly explored the importance of diminished or absent self-know-how in clinical cases. (shrink)

Recent debates on the validity of Aesthetic Testimony and the centrality of the so-called Acquaintance Principle suggest that there is more to the proper exercise of aesthetic judgement than mere endorsement of allegedly correct aesthetic judgements. For example, although it is reasonable to follow experts’ judgements in certain matters of fact, it seems less acceptable to simply endorse or adopt experts’ judgements in the aesthetic domain. That reliance on testimony, by contrast to some other areas of judgement, is not sufficient (...) for aesthetic judgement has encouraged scholars to focus in turn on the importance of the personal involvement and autonomy of the aesthetic agent. This special issue focuses on phenomena related to failed exercises of aesthetic judgement. The choice of the theme is motivated by the belief that a careful analysis of failures in aesthetic judgement can reveal significant aspects of the nature of aesthetic experience itself as well as the roles that perception, imagination, and learning have in its proper exercise. (shrink)

In 2006, acclaimed Italian film director Nanni Moretti released Il caimano [“the Caiman”], a surreal depiction of Silvio Berlusconi’s career as controversial businessman and politician. In one of the last sequences, an indicted Berlusconi leaves the courthouse of Milan, while his supporters besiege its premises and set them on fire. Admired for his capacity of prophetically foreseeing the developments of Italian society, Nanni Moretti’s apocalyptic vision was confirmed by reality on March 11, 2013, when a group of deputes and senators (...) from PDL, Silvio Berlusconi’s political party, ‘besieged’ the courthouse of Milan in order to interfere with the new trials the political leader was involved in: an affair of prostitution of minors, known as “the Ruby case”, and the alleged corruption of a senator. Since when Silvio Berlusconi has been the center of the Italian both political and juridical arena, and with the increasing representation of his trials in Italian and international media, the courthouses of such trials, and particularly that of Milan, have turned more and more into the theater of a socio-political showdown, in which what matters though is not only what takes place in the Court, but also, and perhaps even more, what happens in the area surrounding its premises. Here pro- and -anti Berlusconi partisans have gathered daily in order to manifest their stand to both the citizenry and the media; here media professionals have been stationed 24/7, waiting for the next scandal; and here a dramatic battle line between the political power and the juridical one inexorably materializes with all the violent evidence of its proxemics. The essay analyzes through semiotics a series of verbal and especially visual texts representing the courthouses of Silvio Berlusconi’s trials, with the goal of understanding what this imagery reveals of the current trends of Italian socio-political and juridical arena. More broadly, the essay compares this case study with other instances of courthouses besieged by crowds, so as to semiotically seize the delicate equilibrium of the judiciary proxemics between totalitarian and populist ideologies of law. (shrink)

Contextual regularities, that is, objects’ tendency to appear with certain other objects, facilitate the processing of visual scenes and confer contextually incongruent objects with a special attentional status. This study was aimed at investigating the mechanisms underlying this attentional advantage using Binocular Rivalry . In two experiments, congruent and incongruent images were pitted against each other, yielding a version of BR in which two objects rival within a given scene. Incongruent objects predominated in awareness longer than congruent ones. This (...) effect stemmed from the fact that their dominance epochs lasted longer on the average than those of congruent objects, suggesting a difficulty to disengage attention from such objects. On the other hand, no support was found for the notion that incongruent objects also attract attention. (shrink)

This book contains ten papers that were presented at the symposium about the realism debate, held at the Center for Logic, Philosophy of Science and Philosophy of Language of the Institute of Philosophy at the Katholieke Universiteit Leuven on 10 and 11 March 1995. The first group of papers are directly concerned with the realism/anti-realism debate in the general philosophy of science. This group includes the articles by Ernan McMullin, Diderik Batens/Joke Meheus, Igor Douven and Herman de Regt. The papers (...) of the second group concentrate on specific problems arising from the realism/anti-realism debate. Theo Kuipers' contribution discusses the problem of truth-approximation. Roger Vergauwen's article pertains to the issue of realism in the philosophy of mind and semantics. Jaap van Brakel's article focusses on the relation between everyday concepts and scientific concepts, and on the theory-dependence of observation. Paul Cortois investigates the relation between the question of realism and Kuhn's concept of incommensurability between scientific theories. The final group contains two papers on the realism/anti-realism debate in the special sciences. James Cushing discusses the problem of underdetermination in quantum mechanics and Jean Paul van bendegem addresses the question of the possiblity of an empiricist philosophy of mathematics. (shrink)

We have a practical, not merely theoretical interest in freedom. The question that is considered in this paper, is what it is that we value about freedom. It is proposed that what we value is being able to get what we most want (or value), because that is what we most want (or value). This account is compatible with determinism. Certain accounts opposed to determinism are considered and rejected. On these accounts freedom requires either a particular sort of indeterminism, or (...) requires a special form of causation, agent‐causation, or requires that the agent be a certain sort of self‐constituting entity. It is argued that even if these accounts were less metaphysically problematic than they are, they would not give us a ‘freedom’ that we would value, nor would they secure conditions under which an action would be praise – or blameworthy. It is also argued, that a certain sort of capacity to control ourselves is not a precondition for freedom, though such a capacity would add to the scope of our freedom. (shrink)

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

This article has provided a forum for analytical discourses pertaining to two philosophical and methodological concepts (Phronesis and Hermeneutics) in a bid to addressing the key objectives set out. Dscussions emanated from the work (more so from literature review carried out) clearly shows that, there is no crystal dichotomy between the two concepts, but more so the prevalence of inter-connectedness and interpretation of situations or even texts can also be based on an expression of positive biasness towards what one may (...) perceive as being humanely justifiable, closely linked to Hans-Georg Gadamer's hermeneutical philosophy. The methodological inquiry of the study’s reliance on literature review materials and other documentations has helped greatly in unravelling an open, but more critical discourses pertaining to the two case study countries selected (Sierra Leone and the United Kingdom). (shrink)

British courts have adjudicated dozens of medical futility disputes over the past 10 years. Many of these cases have involved pediatric patients. All these judgements are publicly available in searchable legal reporters. And most were covered by the print or broadcast media.1 Yet, as noted by Dressler, none of these earlier cases received even a fraction of the public or scholarly attention that Charlie Gard has received. One might assess the Gard case from two different perspectives. At one level, the (...) Gard case is not unique. It is merely the n+1 medical futility dispute decided by the British courts. Admittedly, the Gard case has a much higher profile than earlier cases. But it announced no new rules or principles. It merely focused a spotlight on an already well-established process for resolving medical futility disputes. However, from another perspective, the Gard case is distinctive in at least five ways from other medical futility cases decided by the British courts. Because these unique features illustrate the limits or weaknesses of current rules and principles, they allude to potential improvements in the dispute resolution process. The papers in this special issue offer many valuable suggestions. After identifying the five unique features of the Gard case, I focus on the most prevalent two questions. Are courts the best forum for resolving these disputes? Is the best interest standard the right test for determining the limits of surrogate decision-making authority? Because the British courts have so many publicly available judgements in medical futility cases, it is possible to identify five distinctive features in the Gard case. First, Charlie’s parents were not asking GOSH clinicians to continue treating Charlie against either their professional judgement or against their personal beliefs. Instead, Charlie’s parents wanted to transfer him to another hospital that was willing …. (shrink)

Litigation cannot solve a public health crisis. But litigation can be an effective complementary tool to regulation by increasing the salience of a public health issue, eliciting closely guarded information to move public opinion, and prompting legislative action. From tobacco to opioids, litigants have successfully turned to courts for monetary relief, to initiate systemic change, and to hold industry accountable For years, litigators have been trying to push firearm suits into their own litigation moment. But litigation against the gun industry (...) poses special challenges. Not only has the regulatory regime failed to prevent a public safety hazard, Congress has consistently underfunded and understaffed the relevant regulatory actors. And in 2005 it legislatively immunized the gun industry from suit with the Protection of Lawful Commerce in Arms Act. This paper surveys the field of litigation in response to gun violence, tracking the limited successes of victims and stakeholders suing the gun industry. We find that victories remain confined to individual actors and unlike high-impact public litigations in other areas, aggregate class actions and major public litigation led by state attorneys general are noticeably absent in the firearm context. (shrink)

In the past twenty years, advances in forensic DNA technology have revolutionized the American criminal justice system. The use of forensic DNA testing in America began in 1987, and its demonstrated scientific accuracy quickly led jurisdictions to accept expert testimony regarding DNA matches between suspects and crime scene evidence. Wielding the power to exonerate the innocent and apprehend the guilty, the use of DNA identification technology has become an indispensable resource for prosecutors and law enforcement officials, as well as for (...) defense lawyers representing persons falsely accused or wrongfully convicted of crimes they did not commit. As states began to compile DNA profiles from convicted offenders, the need for a repository for these profiles resulted in the DNA database.Originally, DNA databases included only “those classes of offenders with a high recidivism rate, such as sex offenders and violent felons.” Recognizing the crime-solving potential of this technology, state legislatures soon began to expand the scope of DNA database statutes to include broader classes of offenders. (shrink)

The problematic nature of the relation between a politicized historical rhetoric and the presumed authority of brute fact was starkly outlined in the irreconcilable interpretations of the purge trials that tore apart the political Left in the 1930s. The conclusions of the Commission, headed by John Dewey, on the mock trial of Leon Trotsky in Mexico City in April 1937 rested on the evidence of the factual fabrications of key confessions. The critical contemporary responses were more or less predictable in (...) light of political partis pris. They either disparaged the entire procedure as a Trotskyite "court," where the driving purpose was to acquit Trotsky of guilt, deftly disposed of the key factual allegations, or saw the trial as attacking the Soviet system of justice itself, thus making irrelevant Trotsky's actual guilt or innocence. We now find the Commission's conclusions more persuasive than those of William Z. Foster, Malcolm Cowley, or F. L. Schuman not because of their superior tropological strategies, nor because of a skillful parade of rhetorical figures, nor because of the hermeneutic fusing of historical horizons, but because they satisfy familiar criteria of empirical inference and rational discourse. (shrink)

This article offers an analysis of a continuum along which interactive, participatory and emancipatory inquiries may be placed in critical qualitative research with a social justice focus. It draws on critical distinctions to make the argument that labelling research ‘participatory’ hides both interactive approaches and those that might be seen to be emancipatory in the vein of Paolo Freire and Stanley Biggs. To support the argument for a continuum of engaged research, four recent research studies from South Africa, Cameroon, Nigeria (...) and Sierra Leone that address youth marginality and views on an array of topics are discussed with a view to articulating divergences and convergences in approaches. Included are considerations around adapting research for specific audiences and participants, the location of power, research ethics, as well as the demystification and democratisation of knowledge ownership and generation, and the nature of collaboration. The article offers tentative criteria by which research may be located along the suggested continuum and argues that an emancipatory approach, whilst being key to bringing about change or freedom, is a difficult but not impossible aim to achieve in research. (shrink)

Justice, you might think, is the first virtue of the law. After all, we call our judges justices, the administration of law the administration of justice, and the government's legal department the Justice Department. We should reject this Priority of Justice for the Law in favor of the more moderate Priority of Justice for the Courts, the view that justice is the first virtue of the law courts. Under its comparative conception, justice is distinguishable by its concern with the relative (...) positions of subjects. I claim that legal duties divide into primary and secondary, that primary legal duties are not essentially comparative, and that this impugns the Priority of Comparative Justice for the Law. Still, the bipolar structure of litigation appears to suggest that comparative justice is the first virtue of the courts. I explain why that is not so. I then introduce a desert-based conception of justice I dub requitative justice. I argue that the Priority of Justice for the Law cannot draw succor from this conception of justice because primary legal duties are no more requitative than they are comparative. However, the special affinity between law courts and secondary legal duties suggests that requitative justice is the first virtue of the courts. Finally, I concede that the Priority of Justice for the Courts gives us reason to accept the Priority of Justice for the Law after all, if we accept the common Priority of Courts for the Law, the view that the courts are the first institution of the law. We should not do so, however. (shrink)

In response to the continued expansion of “red flag” laws allowing broader classes of people to petition a court for the removal of firearms from individuals who exhibit dangerous conduct, this paper argues that state laws should adopt a double-filter provision that balances individual rights and government public safety interests. The main component of such a provision is a special statutory category — “reporting party” — that enables a broader social network, such as co-workers or school administrators, to (...) request that a law enforcement officer file a petition for an Extreme Risk Protection Order. A double-filter provision would not give reporting parties a right to file a court petition directly. Instead, parties would file a request for petition with law enforcement officers, who must seek an ERPO from the court if they find the reporting party's information credible. That information is then transmitted to the court as a sworn affidavit of the reporting party. The goal is to facilitate a balanced policy model that widens the reporting circle in order to feed more potentially life-saving information into the system, mitigates the risk of erroneous deprivation of constitutionally protected due process and Second Amendment rights. (shrink)

While the effect of humanitarian intervention on the recurrence and intensity of armed conflict in a crisis zone has received significant scholarly attention, there has been comparatively less work on the negative externalities of introducing peacekeeping forces into conflict regions. This article demonstrates that large foreign forces create one such externality, namely a previously non-existent demand for human trafficking. Using Kosovo, Haiti, and Sierra Leone as case studies, we suggest that the injection of comparatively wealthy soldiers incentivizes the (...) creation of criminal networks by illicit actors. We theorize further that the magnitude of increase in trafficking should be directly proportional to the size of the foreign force, with larger forces producing larger increases. We find that both hypotheses hold with varying levels of confidence across our three case studies. Despite the benevolent intent of peacekeeping missions, the possibility that they may contribute to human trafficking for the purpose of sexual exploitation runs counter to the spirit of such interventions. This is especially problematic given that trafficking rings, once established, may be adapted to provide weapons and narcotics, thereby planting the seed of further destabilization. (shrink)

BAIL JURISPRUDENCE in India (as in other common law countries) has evolved laying emphasis on the right to liberty of the accused as opposed to the requirement of the State to keep him/her under custody...The mechanism for cancellation of bail is provided in law in order to ensure that justice will be done to the society by preventing the accused who had been set at liberty by the bail order from tampering with the evidence in a heinous crime. At the (...) same time, cancellation of bail takes away the liberty granted by the Constitution and affirmed by an order of the Court, which granted bail. Taking note of the fact that cancellation of bail necessarily involves the review of a decision already made, it has been emphasized that the same should always be exercised very sparingly by the court of law. (shrink)

This lecture attempts to outline the fact that development projects around the world are still based on too little actual field work research. In this presentation, Graham Mytton, who has been involved in several development projects in countries as diverse as Tanzania, the Gambia, Sierra Leone, Sudan, East Timor and Nigeria, is convinced that performance of projects could be much improved through better and targeted research. Using the example of a project in Tanzania in 2000, where a promotional (...) campaign of messages to encourage people to use simple ways to avoid the blinding disease trachoma made many elementary mistakes and that, if a better and more focused research programme had been used prior to the project it would have been more successful. The presentation showed how focused research could make such projects more likely to achieve success through appropriate research before such projects were instigated. Some websites that provide useful information are provided. (shrink)