In this essay, I continue Nicholas Wolterstorff’s work of developing a rights-based theory of ethics called eirenéism, which maintains the good life only occurs when justice—as a moral state of affairs where agents enjoy the goods to which they have a right—is achieved. As a result, justice is eirenē (the Greek word for peace). In the process of developing eirenéism I explain how eirenē differs from other conceptions of peace, and I offer several interpretive arguments for how best to understand (...) eirenéism in relation to better-known competing ethical theories, like utilitarianism, virtue ethics, duty ethics, and care ethics. (shrink)

From the point of the EU law, the CJEU has the exclusive competence to interpret the EU legal norms and decide upon validity of the legal acts adopted by the EU institutions because it is the most effective method to ensure the unilateral interpretation of the EU law and to prevent its fragmentation. Thus, it can be presumed that all disputes between the Member States regarding the EU law must be solved by the CJEU. The paper aims at finding (...) the answer to the question whether international courts under the international law must refuse their jurisdiction in cases where disputes of the Member States relate with the EU law. With the view of this aim, arguments arising from the international law (for instance, prohibition of intervening into affairs of another legal system, prohibition of abuse of laws), on the basis of which an international court should decline its jurisdiction, and applicability of such arguments to the situation discussed is assessed and an independent approach is formulated. (shrink)

This is a qualitative descriptive study of how competency to take care of oneself and one's financial affairs was evaluated in New York City during the years 1989-1991 by the Human Resources Administration's Visiting Psychiatric Service . Most VPS clients are indigent senior citizens. A visit by VPS can result in forced institutionalization or lost control over one's finances. Data were collected from interviews with key informants , written materials about VPS, court cases and a report summarizing a recent (...) City Council investigation of VPS. Major problems concerning how VPS operated were found. VPS conducted competency evaluations in such a way that some people's rights may have been suspended inappropriately and others may not have been given the type of intervention they needed. These problems appear to stem from several interlocking factors: VPS operates with very little public exposure of its work. Most clients served had in essence little recourse to respond through legal channels to VPS recommendations that may have been based on faulty evaluations. In most cases the court approved the actions recommended by VPS. This study highlights dangers of the system and the need to change the way that competency is evaluated. (shrink)

The article aims at resolving the issue whether the Court of Justice of the European Union (CJEU) has an exclusive jurisdiction under Article 344 of the Treaty on Functioning of the European Union (TFEU) to resolve disputes between Member States, stemming from provisions of an international treaty, a party to which is the EU. This problem is especially relevant in cases when a mixed international agreement envisages independent institutions of dispute resolution. The position of the CJEU is expressed in (...) the case of Mox Plant. The European Commission applied to the CJEU against Ireland, because it considered that Ireland, which started an arbitration procedure against United Kingdom under the UN Convention on the Law of the Sea, has infringed the exclusive jurisdiction of the CJEU under Article 344 of the TFEU. The EU is also a Contracting Party to the UN Convention on the Law of the Sea. Therefore according to the consistence case practice of the Court, the provisions of the Convention that fall under the competence of the Union constitute an indivisible part of the EU legal system. Only in such case when a provision of a treaty is attributed to exclusive competence of the Member States, the jurisdiction of the CJEU regarding that provision can be negated. Thus, when deciding on the issue of exclusive jurisdiction of the CJEU in principle, a problem of attribution of the EU and Member States’ competences arises. (shrink)

The judiciary is a key policy actor that is involved in deciding health rights and policy by intervening in the policy process through a variety of judicial mechanisms, yet the appropriate extent of its involvement remains contentious. Taking the competence objection seriously requires understanding it as an epistemic problem about how courts assess empirical and scientific evidence in order to competently adjudicate controversial health claims. This paper examines recent advances in social epistemology to develop insights for the epistemic (...) class='Hi'>competence of the judiciary from a system‐oriented approach. I outline three epistemic features that set the judiciary and the judicial decision‐making process apart from other types of decision‐makers in health policy: the distribution of epistemic power, the epistemic authority of a justified believer, and the principle of disinterestedness. Finally, I relate these insights back to the judicial decision‐making process with a specific focus on recent court decisions in health rights and health policy in Chile. (shrink)

The article discusses the certain features of the constitutional doctrine of human rights developed by the Constitutional Court of Lithuania which were influenced by the jurisprudence of the European Court of Human Rights, the role of the European Convention on Human Rights as a legal source in the system of sources of constitutional law. The intersection of the jurisprudences, which came into being due to different assessments of the legal regulation in cases where the same legal act was (...) recognized by the Constitutional Court being in compliance with the Constitution and the European Court of Human Rights recognized that the application of the said act was a cause of the violation of a certain person’s rights protected by the Convention (or vice versa) is one of the most important questions and raises many theoretical and practical problems. Different assessment of the legal acts made by the European Court of Human Rights with regard to their compliance with the Conventionshould not be regarded as such an essential circumstance which could lead to possible repeated review of such legal act at the Constitutional Court, such intersection of the jurisprudences, should be solved by ordinary courts while following the doctrine that in cases where legal acts contain the legal regulation which competes with that established in the international treaty, the international treaty should be applied. (shrink)

The transformation of health-care delivery from fee-for-service medicine to managed care represents a fundamental philosophical shift away from the prevailing medical ethos that the needs of the individual patient take precedence over competing social values, such as reducing health-care costs. In managed care, financial incentives to reduce health-care utilization may result in denying an individual’s claim for medical services.Litigation challenging managed care’s resource allocation decisions often presents the need to resolve conflicting social policy goals, such as the tension between an (...) individual patient’s access to health care and a managed care organization’s need to restrain costs. Conflicts may arise when a patient’s desire for unconstrained health care clashes with a provider’s and an insurer’s cost containment strategies. In turn, cost containment strategies may raise questions about restrictions on physician autonomy and conflicts among stakeholders for control over resource allocation decisions. (shrink)

The transformation of health-care delivery from fee-for-service medicine to managed care represents a fundamental philosophical shift away from the prevailing medical ethos that the needs of the individual patient take precedence over competing social values, such as reducing health-care costs. In managed care, financial incentives to reduce health-care utilization may result in denying an individual’s claim for medical services.Litigation challenging managed care’s resource allocation decisions often presents the need to resolve conflicting social policy goals, such as the tension between an (...) individual patient’s access to health care and a managed care organization’s need to restrain costs. Conflicts may arise when a patient’s desire for unconstrained health care clashes with a provider’s and an insurer’s cost containment strategies. In turn, cost containment strategies may raise questions about restrictions on physician autonomy and conflicts among stakeholders for control over resource allocation decisions. (shrink)

Ethics is a foundational competency in healthcare inherent in everyday nursing practice. Therefore, the promotion of qualified nurses’ and nursing students’ moral competence is essential to ensure ethically high-quality and sustainable healthcare. The aim of this integrative literature review is to identify the factors contributing to the promotion of qualified nurses’ and nursing students’ moral competence. The review has been registered in PROSPERO (CRD42023386947) and reported according to the PRISMA guideline. Focusing on qualified nurses’ and nursing students’ moral (...) competence, a literature search was undertaken in January 2023 in six scientific databases: CINAHL, Cochrane Library, PsycINFO, PubMed Medline, Scopus and Web of Science. Empirical studies written in English without time limitation were eligible for inclusion. A total of 29 full texts were retrieved and included out of 5233 citations. Quality appraisal was employed using Joanna Briggs Institute checklists and the Mixed Method Appraisal Tool. Data were analysed using inductive content analysis. Research about the factors contributing to the promotion of qualified nurses’ and nursing students’ moral competence is limited and mainly explored using descriptive research designs. The contributing factors were identified as comprising two main categories: (1) human factors, consisting of four categories: individual, social, managerial and professional factors, and ten sub-categories; and (2) structural factors, consisting of four categories: educational, environmental, organisational and societal factors, and eight sub-categories. This review provides knowledge about the factors contributing to the promotion of qualified nurses’ and nursing students’ moral competence for the use of researchers, nurse educators, managers, organisations and policymakers. More research about the contributing factors is needed using complex intervention, implementation and multiple methods designs to ensure ethically sustainable healthcare. (shrink)

Although the Lisbon Treaty maintained the general exclusion of Common Foreign and Security Policy (CFSP) matters from ECJ jurisdiction, it introduced a number of changes into this area, including an explicit statement that the Court is competent to review the legality of the Council decisions imposing restraining measures on persons. The article analyzes the nature and origin of those changes and considers the legal implications for the level of the protection of fundamental rights in the European Union. For this (...) purpose the author firstly considers the context of the exclusion of CFSP matters from the ECJ jurisdiction, including discussions on the issue at the European Convention, and, secondly, takes a closer look at the separate heads of jurisdiction over which the Court is competent to act after the entry into force of the Lisbon Treaty. A conclusion is made that the Lisbon Treaty did not introduce significant changes to ECJ jurisdiction. Similarly to the pattern of previous amendment treaties, the Lisbon Treaty again gave recognition to the practice of the ECJ on relevant questions. Nonetheless, the amendments made by the Lisbon Treaty should be welcome for introducing more clarity into the legal regulation of the matter, thus boosting the legal certainty and protection of fundamental rights in the European Union. (shrink)

Volume II of Vernon Press’s series on the Philosophy of Forgiveness offers several challenging and provocative chapters that seek to push the conversation in new directions and dimensions. Volume I, Explorations of Forgiveness: Personal, Relational, and Religious, began the task of creating a consistent multi-dimensional account of forgiveness, and Volume II’s New Dimensions of Forgiveness continues this goal by presenting a set of chapters that delve into several deep conceptual and metaphysical features of forgiveness. New Dimensions of Forgiveness creates a (...) theoretical framework for understanding the many nuanced features of forgiveness, namely, third-party forgiveness, forgiveness as an aesthetic process, the role of resentment in warranting forgiveness, the moral status of self-forgiveness, epistemic trust, forgiveness’s influence on the moral status of persons, forgiveness in time, the status of Substance and Subject within a Hegelian framework, Jacques Derrida’s “impossible” forgiveness, and the use of imaginative “magic” to become a maximal forgiver. Readers will be challenged to question and come to terms with many oft-overlooked, yet important philosophical dimensions of forgiveness. (shrink)

This book provides a variety of diverse perspectives related to the ethics of anger, some more analytical in nature, others focused on practical issues, some in defense of anger, and others arguing against its necessity. This book is an essential resource for scholars who want to reflect critically on the place of anger in contemporary life.

The purpose of this research was to discover and describe the economic contribution one group of women entrepreneurs. The research participants were lowresource and laid-off women who had graduated from a Microenterprise Assistance Program . There was no differentiation among women by age, race, or ethnicity. The theoretical landscape that underpins this research includes economic geography and women entrepreneurs, and entrepreneurship and economic development. This research provided a geographic representation of the dispersion and volume of the self-reported business expenses of (...) women entrepreneurs located in one geographic area. In addition, this research developed and examined the viability of an assessment tool that maps the business payments made by entrepreneurs. (shrink)

Court D. Lewis, author of Repentance and the Right to Forgiveness, presents a rights-based theory of ethics grounded in eirenéism, a needs-based theory of rights (inspired by Nicholas Wolterstorff) that seeks peaceful flourishing for all moral agents. This approach creates a moral relationship between victims and wrongdoers such that wrongdoers owe victims compensatory obligations. However, one further result is that wrongdoers may be owed forgiveness by victims. This leads to the “repugnant implication” that victims may be wrongdoers who do (...) not forgive. Author Lewis addresses the “repugnant implication” by showing that victims are obligated to work toward forgiveness, if not forgiveness itself. Critic Gregory L. Bock argues that victims are not the only ones who can forgive, that the personal dimensions of forgiveness are overlooked, and that the force of the “repugnancy implication” may be questioned. Instead of rights-based eirenéism, Bock supports a virtue ethics framework. Instead of rights-based eirenéism, Bock encourages virtue ethics. Critic David Boersema raises questions about the binding nature of relationships, the dependency of flourishing upon forgiveness, and the nature of needs or rights. Boersema also questions the wisdom of a rights-based approach to forgiveness. Critic Jennifer Kling asks whether a rights-based approach is necessary to ground obligations to meet the needs of others: why not an ethics of care? If a rights-based approach is taken, perhaps a wrongdoer is obligated to not make forgiveness a life good. By disengaging this obligation, we avoid constraining a victim’s work toward forgiveness, especially when the wrongdoing is oppressive. Author Lewis responds to these objections. (shrink)

This article examines Re Imogen (No 6) (2020) 61 Fam LR 344, a decision of the Family Court of Australia, which held that an application to the Family Court is mandatory if a parent or a medical practitioner of a child or adolescent diagnosed with gender dysphoria disputes the diagnosis, the capacity to consent, or the proposed treatment. First, we explain the regulatory framework for the medical treatment of gender dysphoria in children and adolescents, including the development of (...) the welfare jurisdiction under Section 67ZC of the Family Law Act 1975 (Cth). We then provide an overview of the Re Imogen decision, and discuss the balancing exercise involved in determining a child’s best interests in the medical treatment context. We challenge the Family Court’s conclusion that, in relation to a dispute about diagnosis or treatment, a finding that the child or adolescent is Gillick competent to consent to treatment is not determinative, and the Family Court must determine the dispute. We argue that this conclusion represents an unjustified incursion into the right of Gillick competent transgender children and adolescents to make decisions about their own bodies and identities, and that the protective role of parents and the Family Court cannot justify interfering with their bodily autonomy in this context. Finally, we propose an alternative regulatory framework that removes the Family Court from the medical treatment process for gender dysphoria in circumstances of dispute between a parent and their Gillick competent child. (shrink)

Decisions made so far by the Federal Constitutional Court of Germany have always been characterized by their writing and content, even down to details, precision, accuracy, professional legal style of writing, always clear in the elaboration and adjudication of cases from its competence, but surprisingly, in our country, only a few have paid attention to the German Court in a scientific context, which can be seen from the only few materials we possess in the Albanian language. The (...) purpose of this paper is to provide an overview of this Court, so that the comparative aspects can be made, highlighting its advantages and disadvantages, in case of dictating the state need for reform of the Constitutional Courts. Those who have institutionalized this constitutional institution know its value in the system of constitutional justice, which performs it in terms of protection of constitutions, its principles and value, and most importantly in the protection of freedoms and rights of human beings and citizens. The Federal Constitutional Court of Germany, to this date, has conveyed the efficiency of the protection of the German legal order, the serious approach and law interpretation, for the protection of freedoms and human rights, which ranks this court into a high level among all other powers in the German law system. The author, in the following paper, gives an overview of this Court starting with its history, organization and functioning, which today undoubtedly constitutes one of the most important constitutional courts in the world. (shrink)

1 Introduction I don't know ... I don't belong to any group. ... I never was a socialist. I never was a communist. ... I never wanted anything of that kind. ...

This book develops a rights-based theory of justice that maintains that genuine repentance creates a right to be forgiven. Examining the nature of rights and theological conceptions of forgiveness, the author shows why such a right is nonrepugnant and produces the most just state of affairs for victims and wrongdoers.

This article reviews the medieval law background of the parens patriae jurisdiction of the state as it has been exercised over incompetent persons who formerly were competent adults, concluding that the fiduciary standard implied in the statute De Prerogative Regis (1324), which is the basis for modern guardianship status, requires that the court and guardian adopt an attitude of respectful friendship toward the incompetent person, just as though they were to be accountable to the person himself, were he to (...) recover his faculties and become competent once more. This ficuciary responsibility, originating in the device of the "use" or trust employed for the management of the estates of lunatics, contrasts with the self-interested feudal guardianship used for the custody of "natural fools" or "idiots", who were under paternalistic arrangements. The article argues that because the determination of legal incompetence and the consequent transfer of custody of the person and property of an incompetent person to the state would result in a drastic forfeiture of liberty and property interests were it not for the fiduciary obligation owed by the state to the incompetent, the state is under an obligation to exercise its fiduciary duties in good faith and may not impose states policies or advance state interests of its own in the supervision of the affairs of incompetent persons, apart from interests arising legitimately out of the state's institutional interest in providing competent administration for the benefit of the incompetents themselves. Keywords: concept of the person, Cruzan, feudalism, guardianship, incompetent person, parens patriae CiteULike Connotea Del.icio.us What's this? (shrink)

Per Persson _Understanding Cinema: A Psychological Theory of Moving Imagery_ Cambridge: Cambridge University Press, 2003 ISBN 0-521-81328-X 52 illustrations, 281 pp.

Disturbances of consciousness, including fluctuations in attention and awareness, are a common and clinically important symptom in dementia with Lewy bodies. In the present study we investigate potential mechanisms of such disturbances of consciousness in a clinicopathological study evaluating specific components of the cholinergic system. [3H]Epibatidine binding to the high-affinity nicotinic receptor in the temporal cortex differentiated DLB cases with and without DOC, being 62–66% higher in those with DOC. The were no differences between DLB patients with or without DOC (...) in 125I-labeled α-bungaratoxin binding to the low-affinity nicotinic receptor, [3H]pirenzepine binding to the muscarinic M1 receptor, or in choline acetyltransferase activity. These findings provide support for the hypothesis that cholinergic activity is an important neural correlate if consciousness and suggest a mechanism of DOC in DLB involving alterations in the nicotinic receptor, composed of predominantly α4 and β2 subunits. (shrink)

Quel lien y a-t-il entre le style, qui exprime un rapport au monde, et la théologie qui engage un rapport à Dieu ? Ce lien a été très fort dans le passé. À travers Augustin et le Pseudo-Denys, la pensée néoplatonicienne transmet au Moyen Âge le thème de la lumière intelligible. L’univers médiéval s’appréhende comme un cosmos transfiguré par la lumière de Dieu qui s’irradie sur toutes choses. Les Sommes théologiques baignent dans ce même symbolisme lumineux. Cependant, la pensée scolastique, (...) sous l’influence de l’aristotélisme, prend une orientation divergente : le réalisme tend à séculariser la nature ; la clarté ne vient plus d'en haut, mais d'en bas, de l’objet : l’esthétique se détache du discours théologique, l'allégorie se libère du symbole en direction de l'imaginaire. Quel sens reconnaître à un tel cheminement marqué au sceau de notre modernité ? Un champ esthétique, devenu ainsi autonome, ne risque-t-il pas de se retrouver exclusivement voué aux jeux formels d’une fiction pure sur fond de néant de sens ? Non, car l'imaginaire exerce une « fonction métaphorique » et « ontologique » , qui ouvre vers un supplément de sens. Le style est une structure individualisante qui rend sensible, dans l’art, le jaillissement d'une vérité du monde qui se répète dans les diverses productions esthétiques d'une même aire culturelle. Un style peut donc être un « lieu théologique » porteur d'un certain rapport au sacré, au même titre que « trace séculière » de formes spirituelles les plus diverses. D’où l’éminente leçon de « L'art sacré » contemporain, attentif aux affinités, techniques et défis de la modernité et, partant, promis aux rencontres œcuméniques les plus enrichissantes.What connection is there between style that expresses a relationship with the world, and theology that engages a relationship with God ? This connection was very strong in the past. From Augustine and the Pseudo-Dionysius, Neoplatonic thought transmitted to the Middle Ages the theme of intelligible light. The medieval universe is understood as a cosmos transfigured by God’s light irradiating all things. Theological Summas bathe in the same luminous symbolism. Under Aristotelian influence, Scholastic thought, however, takes a divergent orientation : realism tends to secularize nature ; clarity does net come from on high, but below, from the object ; the aesthetic detaches itself from the theological discourse, allegory frees itself from the symbol in the direction of the imaginary. What meaning can be seen in such a path that is marked with the seal of our modernity ? Does not the aesthetic field, that has become autonomous, take the risk of finding itself exclusively dedicated to formal games of pure fiction on a background of meaninglessness ? No, for the imaginary exercises a « metaphorical » and « ontological » function that opens towards an increase of meaning. The style is a individualizing structure that renders sensitive, in art, the breaking out of a truth of the world that repeats itself in the diverse aesthetic productions of a same cultural space. A style can, therefore, be a « theological site » carrying a certain rapport to the sacred, and at the same time that « secular pathway » of the most diverse spiritual forms. From there comes the eminent lesson of contemporary « Sacred Art », attentive to the affinities, techniques, and challenges of modernity, and consequently, engaged to most enriching ecumenical encounters. (shrink)

This essay examines why some introductory ethics students are averse to any sort of moral requirement. It provides a series of descriptions and techniques to help teachers recognize, diagnose, and engage such students. After discussing the nature of student aversions to moral obligations, I discuss three causes and several ways to engage each: 1) Student Relativism; 2) student fears and misunderstandings of obligations; and 3) the phenomenon of what I call fetishized liberty, which leads to the “liberty paradox”—where students actively (...) fight for liberties, yet actively give up or fail to use the ones they currently have. (shrink)

Courting competency: nursing and the politics of performance in practiceNurses have long anguished over how best to assess performance in clinical practice. The ‘competency’ movement appears to have provided a solution to this problem. In this paper I undertake a ‘radical hermeneutic’ interrogation of the cultural text of clinical practice doubled with a poststructuralist interpretation of the literal text of the Australian competency project. Through this work I attempt to expose some of the deeply embedded assumptions that underwrite the competency (...) movement and amplify the problems posed by an uncritical appropriation of competency based training and assessment in nursing education. (shrink)

Dario Martinelli examines the nature of songs of social protest (SSPs) in Give Peace a Chant: Popular Music, Politics and Social Protest and provides readers with a book that is engaging, provoking, and enjoyable. Martinelli’s research is thorough, astute, and structured in a way that is both rigorous and accessible. Combining typology with several case studies, Martinelli achieves his stated goal of showing how context, song lyrics, and the music itself are organic and equally important elements that constitute SSPs.

In tribute to the philosophy of Bat-Ami Bar On, this article draws upon her Arendtian analysis of fascism to explore recent dynamics of ethnic nationalism in the US. Whereas Bar On analyzed the problem of citizen-soldiers, this study extends analysis toward the citizen culture-soldier, suggesting that recent dynamics in the US are suggestive of a Cultural Revolution that threatens the inclusive practice of citizenship required of democracy. Bar On’s work motivates philosophers to not be lulled into acceptance of anti-democratic practices (...) of citizenship. The values of respect, equality, and equity suggest that another form of citizenship should be practically pursued. (shrink)

In this introduction to a special section on the philosophy of Bat-Ami Bar On, guest editor Court Lewis introduces Jennifer Kling’s article on equitable resettlement of refugees, Wim Laven’s article on meaningful political citizenship, and his own work on the analysis of the violent threat of citizen culture-warriors.

Offering a systematic analysis of texts produced between the court of Burgundy in the 1470s and the court of the Austrian Habsburgs in the early 1700s, this book traces the development of the idea of successful and competent political behaviour as seen through the eyes of court historians between the fifteenth and the eighteenth centuries.

Notwithstanding constant “crises of confidence,” a high number of international disputes lay at the docket of the International Court of Justice in The Hague. In the word of Judge Rosalyn Higgins, states are turning to the ICJ for the peaceful settlement of their disputes. The option provided by the Charter of the United Nations in limiting the compulsory jurisdiction of the Court to certain categories of disputes, clearly contributes to convening a greater number of states to accept this (...) international jurisdiction, resolve their disputes peacefully and in accordance with international law. Not surprisingly, only a few declarations provided in Article 36 of the Statute of the Court do not contain any reservation as to the limits of the Court’s competence. Interwar Lithuania contributed heavily to the strengthening of international justice. It was amongst the first members of the League of Nations to recognise the compulsory jurisdiction of the Permanent Court of International Justice and remained its faithful supporter until the very end of the Court’s activities. International justice provided at least titular security guarantees for the young nation. This faith of the Lithuanian government in relying on international justice was rewarded in full. The Lithuanian State defended its legitimate place amongst the independent nations and successfully stood up for its interests in all three cases before the Permanent Court. (shrink)

Focusing on what he considers “one of the most important and enduring expressions of twentieth-century political imagination and action and one ever more important in the struggles of the present century,” Howard Caygill’s On Resistance: A Philosophy of Defiance provides a thorough and challenging look into the concept of resistance. Recognizing that ‘resistance’ itself resists conceptualization, Caygill develops a clear means to understanding its nature, its usage in a variety of writings and situations over the past century and a half, (...) and a logic for how to sustain proactive resistance in the face of total domination or contemporary technologies. (shrink)

Is it possible for the Modern State to function without violence? How is violence ingrained in national identities, and how do the borders that supposedly “protect” nations actually foster unconscious biases, the anger and hatred of “others,” and the racism and ethnocentrism of shootings, mass murders, and other atrocities? Eddy M. Souffrant and the contributing authors of A Future without Borders? provide insights into how to answer these and other questions.

Islam has come to be associated with hatred and terrorism, which has resulted in many thinking that Islam (and all Muslims) are fundamentally violent. Chaiwat Satha-Anand’s collection of revised essays featured in Nonviolence and Islamic Imperatives attempts to undermine such a narrative and reframe Islam in terms of peace and nonviolence. To achieve this goal, Satha-Anand argues that Islam’s core values require nonviolence and supports his argument by providing examples from the Prophet Muhammad and contemporary Muslims.

William Irwin gives readers a deeply moving and insightful work into human relationships, our connection to others, the nature of reality, the pursuit of flourishing, and human nature in general. Little Siddhartha centers on three generations of family and explores how they respond to the pressures of life, their place in the world, and the fractured relationships that result. Starting with the younger Siddhartha’s mantra of “Eat, drink, and be merry,” and ending with a concerted chant of “Om,” Irwin weaves (...) a tale that explores the spiritual recesses of human existence, calling on readers to understand, forgive, and most importantly, to listen. (shrink)

The subject of this study are the argumentation strategies applied by the Polish and German apex courts competent in criminal matters, namely the Supreme Court and the Federal Court of Justice, respectively. The investigation encompasses a total of 200 rulings issued by the criminal panels of these bodies. Particular focus was put on examining which arguments both courts apply to solve interpretation problems, and secondly, how these courts systematize the interpretation process. Methodologically, the examination utilizes, inter alia, the (...) principles of qualitative research, without neglecting the legal dogmatic perspective. A crucial theoretical foundation underlying this study is the distinction between formalistic and substantive legal cultures. The examination reveals that neither the Polish nor the German legal culture is purely formalistic or value-oriented. Nevertheless, the Supreme Court of Poland shows greater affinity for formalistic arguments, whereas the substantive interpretation methods are more widespread in the judicature of the German Federal Court of Justice. In particular, the Polish Court prefers the linguistic interpretation, whereas the German Court favours the purposive approach. (shrink)