This article analyzes a panel of 550 international firms, for the period 2004 to 2010, to compare the role of female directors in family and non-family firms in promoting responsible practices. Many studies have associated the presence of women on the board with a higher degree of socially responsible commitment. However, we found that this is much less so in family firms than in non-family firms. In family firms, corporate social responsibility commitment does not vary significantly with the presence of (...) female directors, as the latter tend to behave in accordance with the family orientation toward CSR. This orientation depends on the stakeholders being addressed, with greater social responsibility shown toward external stakeholders than internal ones. (shrink)

In this article, we examine the factors determining the representation of women on boards of directors by considering three main questions. The first question deals with the relationship between characteristics of ownership and governance on one side, and female directorship on the other. The second major question concerns the demographic attributes of women directors, such as nationality, foreign experience, educational level, business expertise, and connections to external sources. The third important question refers to women in senior positions on French (...) boards (e.g., as independent members or board subcommittee members) in relation to firm characteristics and women’s demographic attributes. Our study focuses on French large- and mid-capitalized companies belonging to the SBF120 stock market index during a 5-year period running from 2000 to 2004. First, our results give evidence that the appointment of women directors is strongly related to family ownership and board or firm size. Second, the appointment of women directors is related to their professional services, valuable skills, and network links. Furthermore, we show that women face a double glass-ceiling problem, and note that French firms rely more on the demographic attributes of their women directors when they are appointed to senior board positions. Our study sheds light on issues concerning the law that comes into force in 2016, which imposes quotas of women members on boards of directors in French companies. (shrink)

This study examines the independent and combined influences of internal and external antecedents to upstream environmental practices. Proactive environmental strategy is considered as an internal antecedent and competitive pressure as an external antecedent. Multiple hierarchical regression analysis is used to test the hypothesized relationships using data from a sample of 149 manufacturing companies located within the U.K. food industry. The results suggest that proactive strategy and competitive pressure exert both independent and combined influences on environmental supply chain practices. (...) Proactive strategy appears to be a stronger driver of these practices, suggesting that internal stakeholders such as directors, managers, and employees may be more influential in the adoption of certain practices than external stakeholder pressures. This article builds upon the recent wave of research highlighting the potential for internal and external factors to generate a combined influence on the adoption of environmental practices within companies and their supply chains. (shrink)

This paper presents an analysis of the opinions of U.K. Finance Directors – also known as Chief Financial Officers (CFOs) in North America – on factors which may effect the roles and responsibilities of the external auditor to the organization. A number of proposals have been put forward over the years to enhance auditor independence and these were treated as dependent variables in this study. A questionnaire was mailed to 3 000 named Finance Directors and 776 useable replies were (...) received. From the responses to the questionnaire, three independent variables were identified: opinions on the value of the audit in general; opinions on the impact of the audit on the organization; and the relationship between the Finance Director and the auditor. The results reveal that those Finance Directors concerned in general about the value of auditing favoured the banning of non-audit work and the rotation of auditors. In addition, those Finance Directors with good relationships with their external auditors preferred the banning of non-audit services and the rotation of external auditors. Those respondents favouring the separate regulation of auditors were also concerned about the impact of the audit on the organization. The results of this study shed some light on the sensitivity of U.K. Finance Directors to ethical issues regarding external auditor independence. (shrink)

One of the fundamental principles of good corporate governance is transparency, i.e., the disclosure of private information to external stakeholders, so that they may make judgments and decisions relating to the corporation. Equally important, but less discussed, is the competing value that corporations need to protect legitimate secrets. Corporations thus need a communication strategy for dealing with external stakeholders which addresses the conflict between disclosure and secrecy. This article focuses on an important element of that communication strategy in (...) the context of financial reporting: the possibility that corporate insiders may consider it in their interest, or in the interest of specific stakeholders, to alter or manipulate the financial information that it discloses publicly. Using concepts from the corporate governance and financial reporting literatures, it addresses the ethical question of who (management or the board of directors) should be responsible for making the fundamental strategic choices whether and (if so) how the corporation alters or manipulates the financial information. This article argues that the board of directors is responsible for formulating (and monitoring) the corporation's communication strategy, and that management is responsible for carrying it out. (shrink)

This article investigates the gender diversity of the corporate board of European Union banks. Employing a large sample of 612 European banks from 20 European countries, it identifies organizational characteristics that could be predictive of women’s presence on bank boards. We identify three factors that play a particularly important role in defining bank board gender diversity. First, the proportion of women on the board is higher for lower-risk banks. We argue that there may be some statistical discrimination behind this relation, (...) although it could also be explained by a real risk-aversion hypothesis. Second, banks with larger boards have a higher proportion of women on their boards, which could be considered a signal of some kind of preference for homogeneity on small boards. Finally, banks that have a growth orientation are more prone to include women on their board, since they may be seen as providers of diverse external resources that are more valued by firms operating under critical circumstances. (shrink)

In this paper we investigate whether independent directors’ attendance at board meetings enhances investor protection using a difference-in-difference approach. We find that independent directors’ attendance alleviates tunneling. This effect is more pronounced in non-state-owned enterprises than in state-owned enterprises. The reinforcement of external supervision substitutes for the role of independent directors’ attendance and this substitution effect is more significant in non-SOEs. Together, these results imply that independent directors’ attendance at board meetings can play an important role in protecting investors, (...) especially in non-SOEs and when external supervision is weak. This paper sheds new light on independent directors’ function in corporate governance, and has implications for institutional improvements. (shrink)

The Organization Department of the Communist Party of China announced the Opinions on Further Regulation on Party and Political Leaders and Cadres Working Part-Time in Enterprises to force the resignation of government officials holding the position of independent director in listed companies. This paper empirically examines the impact of the GID resignation on firm performance using a difference-in-differences model, which is an exogenous event with a “natural experiment.” The study finds that after the promulgation of the Opinions, firms that (...) lose some of their political resources and their corporate performance decreases significantly compared to firms that do not experience GID resignations. A good external governance environment, while somewhat weakening, is not sufficient to offset the negative impact of the loss of political resources on firm performance. This paper further explores the mechanism by which the GID resignation affects firm performance: one important way in which the resignation of GIDs cause the loss of political resources on which the firm's development depends is that the loss of the firm's tax benefits after GID resignation directly leads to a decline in performance; it also leads to a reduction in the firm's financial subsidy income and a reduction in the amount of bank loans, but both of these do not have a significant effect on the decline in firm performance. The study suggests that GIDs play more of a resource-providing “official” role than an “independent director's” supervisory and advisory role in Chinese listed companies. The findings of this paper reveal the phenomenon of “Political-Business Spin” in China, which has some implications for developing countries, represented by China, to improve the independence of the board of directors and the corporate governance. (shrink)

The objectives of this study are to survey, post the latest Combined Code, current board practice concerning the appointment, evaluation and development of directors and performance evaluation of boards and their committees. The Company Secretaries of all FTSE 100 and 250 companies were invited to complete, online or on paper, a survey questionnaire designed to investigate several aspects of the performance of their Boards of Directors, including the impact of relevant parts of the latest Combined Code. The more positive findings (...) are that: the Code's principles yield discernible benefits for board and company performances; board performance is most affected by new appointments which has implications for director induction; New Directors' roles and competencies are well articulated by Nomination Committees; a majority use explicit performance criteria; a majority of directors commit 3 5 days per annum to their professional development. Areas for attention suggested by the findings are as follows: a minority translate explicit performance criteria into specific improvement targets; some ambivalence characterises public disclosure of board evaluation results; evaluation of Committees' performance is less rigorous than for Main Boards; the powers and responsibilities of Subsidiary/Divisional boards are not well defined; only a minority of Nomination Committees focus on Descriptors of High Performance; traditional methods of Director selection and induction prevail; Non-Executive Directors' suitability to coach their Executive Director colleagues or other members of the executive team; only one in seven boards uses External Facilitators to assist in benchmarking their performance. The implications of these results are discussed. (shrink)

As leadership is a key component in meeting the challenges of educational institutes, this study was designed to examine the challenges faced by the female leaders of the management institutes of Pune City, India. Data was collected using qualitative methods which included in-depth interviews with ten women directors. Analysis of the recorded data proceeded by means of a line by line microanalysis of the interviews, with the following five major themes emerging: (a) choosing teaching as a career, (b) shift towards (...) leadership, (c) impact of internal and external pressures, (d) challenges from the male dominated society, and (e) balancing personal and professional life. The findings of this study point to the need for further research into the challenges with which female leaders are confronted in the educational industry, as well as for comparative studies with men in similar positions, and for the findings of such research to be utilised by educational policy makers to facilitate effective leadership by providing the necessary support structures. Indo-Pacific Journal of Phenomenology , September 2008, Volume 8, Edition 2. (shrink)

Although US and European research has documented improvement in earnings quality associated with corporate governance characteristics, the situation in Latin America is questionable, given the business environment in which firms operate, which is characterized by controlling family ownership and weak legal protection. The purpose of this study is to examine the relation between the internal mechanisms of Corporate Governance and Earnings Management measured by discretionary accrual. We use a sample of listed Latin American non-financial companies from the period 2006–2009. Our (...) results show how in the Latin American context the role of external directors is limited and that Boards which meet more frequently take a more active position in the monitoring of insiders, so showing a lower use of manipulative practices. In addition, we find a non-linear relation between insider ownership and discretionary accruals, also pointing to the fact that ownership concentration may be a manipulative practices constrictor mechanism only when the ownership of main shareholders is moderate. The findings have important policy implications since this is, to the best of our knowledge, the first study to analyze the relation between the effectiveness of the government and the earnings management behavior. As policy implications, we document how when a country implements controls aimed at reducing corruption, strengthening the rule of law or improving the effectiveness of government, this leads to a reduction in firm earnings management. (shrink)

Enterprises seem to entirely operate on their management. But behind the scenes directors play a very important role. On a strategic level (in the long term) they will determine the direction of the company.Even though on the level of daily management a great deal of quality instruments and control systems exist, this is not the case on the highest level, the board. It is in this specific area that the idea of corporate governance must be situated.

In order to provide an effective whistle-blowing system, it is expected that companies would provide employees with a high level of disclosure regarding the whistle-blowing process. This study investigates variation in the extent of whistle-blowing disclosures. As a measure of whistle-blowing implementation, this study further examines the provision of a hotline channel. The results suggest that the extent of whistle-blowing disclosures is positively associated with the permissibility of anonymous reporting and organisational support for whistle-blowing, the number of external directors (...) on the audit committee, and the existence of concentrated shareholdings. The mere existence of whistle-blowing disclosures could simply be symbolic. The findings also indicate a greater likelihood of the provision of hotlines when companies are larger in size, have a higher level of current inventory, are cross-listed in the US, and permit anonymous reporting. (shrink)

The monitoring role performed by the board of directors is an important corporate governance control mechanism, especially in countries where external mechanisms are less well developed. The gender composition of the board can affect the quality of this monitoring role and thus the financial performance of the firm. This is part of the “business case” for female participation on boards, though arguments may also be framed in terms of ethical considerations. While the issue of board gender diversity has attracted (...) growing research interest in recent years, most empirical results are based on U.S. data. This article adds to a growing number of non-U.S. studies by investigating the link between the gender diversity of the board and firm financial performance in Spain, a country which historically has had minimal female participation in the workforce, but which has now introduced legislation to improve equality of opportunities. We investigate the topic using panel data analysis and find that gender diversity – as measured by the percentage of women on the board and by the Blau and Shannon indices – has a positive effect on firm value and that the opposite causal relationship is not significant. Our study suggests that investors in Spain do not penalise firms which increase their female board membership and that greater gender diversity may generate economic gains. (shrink)

The importance of corporate governance in ensuring reliable financial reporting is examined in this article, and the roles of individuals involved in the governance process are examined from the perspective of ensuring the common good. Initially, adopting the positivist tradition that dominates the academic literature in accounting, the relations between financial reporting quality and the activities of senior management, the board of directors and its audit committee, and external auditors are examined. Unlike much of the academic literature, this article (...) also adopts a normative perspective and offers suggestions as to the proper roles of these parties. Finally, suggestions for future research are offered. (shrink)

The main purpose of this article is to analyse one aspect of Spanish business ethics: the role of the transparency and quality of the economic and financial information given to meet the demands and requirements of shareholders. To that end we concentrate firstly on analysing the Spanish capital market and the situation of shareholders prior to the publication in February 1988 of the Code of Best Practice for Spanish Companies, drawn up by a Special Committee created at the request of (...) the Ministry of Economy and Finance. We analyse the importance of the behaviour and actions of three groups which are fundamental to assuring quality and transparency of information: those who prepare financial statements, the Board of Directors (particularly the Audit Committee) and the external auditors. Finally, we look at the possible consequences of the Code of Best Practice on Spanish business ethics. (shrink)

During the 1970s and 1980s, legal precedent, governmental recommendations, and professional society guidelines drove the formation of hospital ethics committees (HECs). The Joint Commission on Accreditation of Health Care Organization’s requirements in the early 1990s solidified the role of HECs as the primary mechanism to address ethical issues in patient care. Because external factors drove the rapid growth of HECs on an institution-byinstitution basis, however, no initial consensus formed around the structure and function of these committees. There are now (...) almost 40 years of empirical studies on the composition, administration, and activities of HECs in the United States. We conducted a systematic review of the available empirical literature on HECs to describe their evolution. As HECs changed over time, they increased their total number of members and percentage of members from nursing and the community. Although physicians increasingly chaired these committees, their presence as a percentage of overall members declined. The percentage of administrative members remained steady, although committees became increasingly likely to have at least one administrative member. HECs were also increasingly likely to report to an administrative body or to the board of trustees or directors rather than to the medical staff. Finally, consultation volume increased steadily over time. There has not, however, been a national survey of the composition of ethics committees, their administration, or volume of consultation in more than 10 years, despite increasing calls for professional standards and quality improvement assessments among HECs. (shrink)

The frequency of earnings restatements has been increasing over the last decade. Restating previous earnings erodes perceived trustworthiness and competence of management, giving firms strong incentives to take actions to enhance perceived credibility of future financial reports [Farber, D. B.: 2005, The Accounting Review 80(2), 539–561.]. Using an experimental case, we examine the ability of post-restatement actions taken by a firm to positively influence non-professional investors’ perceptions of management’s financial reporting credibility. Our examination considers credibility judgments following two types of (...) restatements – those resulting from fraud in which the character, ethics, and values of an organization may be called into question [cf. Copeland, Jr., J. E.: 2005, Accounting Horizons 19(1), 35–43.], and those resulting from non-fraud (i.e., aggressive accounting). Based on the information in the experimental case, non-professional investors take the role of potential equity investors and make a judgment about management’s financial reporting credibility after reviewing a set of post-restatement actions taken by a firm. The possible actions include changes in four corporate governance mechanisms (i.e., internal audit function, external audit firm, board of directors, CFO) and a buyback of company stock. Our results provide an important contribution to the literature by demonstrating that among non-professional investors, perceptions of management’s financial reporting credibility are affected both by the post-restatement action taken and the nature of the restatement. These results offer insight into the formation of a key credibility judgment made by non-professional investors following a trust-destroying event, an earnings restatement. (shrink)

The academic literature reveals the need to undertake more in-depth field studies in order to discover the organisational culture, the difficulties and the perceptions surrounding CSR in SMEs. This study presents the results of analysis of four case studies on Catalan companies that stand out for their social and environmental practices. The conclusions of this paper are the result of dialogue with the main actors – four medium-sized companies – focusing on their actions, understandings and resistance with regard to CSR. (...) The methodological perspective used was Grounded Theory, with the aim of the study being to contribute towards formalising CSR in SMEs, in their daily practices, by analysing some primary data. The results obtained show how difficult it is for SMEs to understand CSR, beyond the explanation of the specific practices carried out by the companies. They highlight the role played by the values of the founding director in the implementation of CSR programmes; they reveal that SMEs still have a long way to go towards learning how to inform both internal and external stakeholders of their best practices, and; finally, they show the interesting links that SMEs establish between responsible practices, improved competitiveness and economic results. Finally, the text points out the implications that the results of this analysis may have on creating ways of promoting CSR in SMEs. We believe that, in light of the opinions expressed by the companies, public organisations should try to concentrate on creating a favourable framework for responsible competitiveness, as a way to deal with CSR when addressing SMEs. (shrink)

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

In lieu of an abstract, here is a brief excerpt of the content:A Semi-Personal Story from a Ukrainian NGO Professional (or a Semi-Professional Story from a Ukrainian Person) Living through the WarYuliya NogovitsynaI live in Kyiv with my husband and two daughters. On 24 February 2022, my husband woke me up at 5 am tapping me on the shoulder and saying, “Yulia, wake up. There are bombings outside. The war started”. [End Page 160]That day was our younger daughter’s birthday. She (...) turned six. We had planned a birthday party for her with friends, cake, candles and birthday gifts. Instead, we had to move both daughters to the bathroom where there are no windows so that broken glass did not hurt them if a missile hit.I am the Program Director at Tabletochki Charity Foundation, Ukraine’s largest childhood cancer NGO (https://tabletochki.org/en/). For 11 years before the war, we have been fostering childhood cancer care in Ukraine—through our direct assistance to families, support of pediatric oncology units, professional development of medical personnel, and advocacy.The Russian invasion of Ukraine in February 2022 dramatically changed the healthcare system landscape in Ukraine. The physical threat, treatment disruption, exposure of immunosuppressed patients to improper conditions in bomb shelters and cellars, interruption in supplies, infrastructure damage, logistics failure, and funding constraints have been among the most manifested immediate and deferred implications of the war for the health-care system in Ukraine.That said, the biggest professional challenge was uncertainty and inability to plan. You have nothing to rely on in developing at least a short-term strategy. This may sound speculative and unimportant—who bothers about uncertainty when there is a physical threat to your life? But this is a wrong perception—uncertainty paralyzes and disables long before a bullet or missile reaches you.War also brings the collapse of relationships, partnerships, and coalitions. It depletes and limits resources, whether human, financial, or emotional. Scarce resources make hospitals, healthcare professionals, and NGOs compete for patients, donors, and financing. The war and the external threat unite only for a short period of emergency response. Once the situation transitions to a protracted conflict, people and institutions start fighting for their own survival.My family stayed in Ukraine but moved to Lviv, a city in Western Ukraine, which turned into an evacuation hub for children with cancer. More than 1,000 children with cancer were evacuated and referred for treatment abroad through the SAFER Ukraine collaborative initiative by St. Jude Global, Tabletochki, West-Ukrainian Specialized Children’s Medical Center (WUSCMC), and other international and local partners.During the first months of the war, we worked hand-in-hand day and night to bring critically ill children to safety and treatment. We sent evacuation convoys from Lviv to Poland twice a week, the largest one with 71 families, included four buses and 11 ambulances. We slept 4-5 hours per day. Within two weeks, my hands and legs were trembling from constant tension, concentration, and tiredness.And even this extremely fast-responding and effective evacuation may be questioned. We have been facing an ethical dilemma—whether the safety needs of the existing patients prevail over the needs of future patients in diagnostics and treatment in Ukraine. We discussed more than once whether we should stop evacuation and referral of children to European hospitals to sustain the Ukrainian childhood cancer care system and prevent it from degradation. It is very uncomfortable to confront such questions. Could our heroic efforts to evacuate as many Ukrainian children with cancer as possible turn into an evil for future patients to come? By evacuating patients, we left pediatric oncology units empty, without work for Ukrainian pediatric oncologists, and the usual pathways for diagnostics and treatment were disrupted. A healthcare system without patients is like a cardiovascular system without blood.My family returned to Kyiv in August 2022 for our daughters to continue their schooling. There were (and still are) only five to seven kids in a class; other children left Ukraine or switched to online studies. My husband and I decided that our children will attend school offline—despite the regular missile attacks. This is a private school; we pay for it. In such a way... (shrink)

This Element introduces the notion of curatorial composing to account for certain musical practices that emerged from the 1960s as the founding concepts of music as an art - instituted in the modern era - were systematically dismantled. It raises the key question of how musical value and authority might be produced without recourse to an external principle, origin, transcendental framework, or other foundation. It argues that these practices do not dismiss the issue of value or simply relativise it (...) but shift the paradigm to a curatorial concern for composing public encounters and staging events. The Element shows that Lydia Goehr's elaboration of the work-concept provides a framework that was transformed by John Cage in his work from 0'00" (1962) onwards. The Element then introduces Heiner Goebbels' practice and focus on his role as Artistic Director of the Ruhrtriennale (2012-14), which it argues was an extension of his curatorial composing. (shrink)

Aḥmed Cevdet Pasha (d. 1312/1895) is one of the influential and prominent Ottoman scholars in history and law. Besides history and law, he also produced works on literature, sīra (the life of the Prophet) and tafsīr (the Qur’anic exegesis). In the last years of his life, Cevdet Pasha aimed to translate the Qurʾān including short comments on the verses, but this work was remained limited to the sūrah al-Baqara. Correspondingly to this translation named Terjeme-i Sharīfa, he prepared a glossary to (...) the Qurʾān called Lāḥiqa-i Sharīfa for expressions and terms that require detailed explanation. Hereby, this work could only include the sūrah al-Baqara. After Cevdet Pasha’s death, his books passed to his daughter Ms Fāṭima ʿAliyye (d. 1936). The director of the Library of Maʿārif, Nācī Qāsim (d. 1963) gave a deed stipulating that he would take the first part of the Lāḥiqa-i Sharīfa and Terjeme-i Sharīfa from her and return them as they are. Later on, he published only the Muqaddima (introduction) and Lāḥiqa-i Sharīfa in the work named Tercemeli Ḳurʾân-ı Kerîm (İstanbul: 1927). Placing the Muqaddima at the beginning of the book and Lāḥiqa-i Sharīfa at the end misled some people by making them to think that the translation belongs entirely to Cevdet Pasha. Sulayman Tevfīq reprinted these two works together within his translation named el-Beyān fī ʾāyāti’l-Qurʾān in 1928. Terjeme-i Sharīfa has not been published anywhere else. Emine Armağan recently found and published a notepad in which Cevdet Pasha wrote Terjeme-i Sharīfa, mentioned Muqaddima and Lāḥiqa-i Sharīfa. In her book Emine Armağan printed the pages belonging to Cevdet Pasha as thumbnails, but she did not publish them in Latin. In this article, Muḳaddime and Lâḥika-i Şerîfe are Latinized and compared to the Terceme-i Şerîfe. The relevant parts of the translation are given in the footnotes. This study is an attempt to determine to what extent the translation in the manuscript form corresponds to the glossary and the soundness of relating the text to the author. In addition, many errors in the Ottoman edition of the glossary were also corrected. In the Muqaddima, Cevdet Pasha draws attention to the necessity of God’s existence, the illiteracy and the trustworthiness of his Messenger, and that the revelation is the primary source of knowledge for people. He summarizes the process of the Qurʾān’s revelation, notification and compilation. He briefly touches on the issues related to ʿUlūm al-Qurʾān. Cevdet Pasha, who passed from here to the miracle of the Qurʾān, talks about the qadim (pre-existing) nature of the divine word and teḥaddī. Cevdet Pasha emphasizes that understanding the Qurʾān is possible only by knowing the Arabic language very well and whithout this knowldege the Qurʾān cannot adequately be translated into another language. On the other hand, he also believes that the first meanings can be externally translated in order to explain the first meanings of the verses to those who do not know Arabic. Cevdet Pasha’s preface is considerably concise in structure. He shortly pointed to the crucial issues in one sentence and passed to the other subjects. While writing Terjeme-i Sharīfa, Cevdet Pasha left the extensive explanations of the polysemous words and terms that cannot be translated literally to the tafsīr and Lāḥiqa. Cevdet Pasha’s Lāḥiqa-i Sharīfa is entirely original and not merely a translation of any Qurʾānic dictionary. He compiled the meanings of a word existing in different verses, and he was very meticulous in choosing the meanings the words. He summarized very detailed informations in the sources in a simple, concise and fluent style. The arrangement of the words was based on the abbreviated versions used in the Qurʾān. In addition to the lexical meaning of the word, he sometimes mentioned the words’ roots, form, singular and plural forms, ism al-fāʿil, ism al-mefʿūl, ism al-mekān, synonym/antonym, lexical aspects, the meaning and terminology it expresses in different recitations of the Qur’an (al-qırāat). He in particular highlighted if the word is one of the al-asmāʾ al-ḥusnā. He explained the changes in the meaning of a word when it is used for Allah or for humans. He shortly touched on the legal rulings. Cevdet Pasha clearly expressed in his work the most vital issues that the community should know without tiring the general reader of scientific disputes, philosophical discussions and literary analysises. Cevdet Pasha did not refer to any sources in his work and did not mention the transmission chain of the narrations. As a result of our research, we determined that he benefited from the commentaries of al-Zamakhshari (d. 538/1144), al-Rāzī (d. 606/1210), al-Qurṭūbī (d. 671/1273) and Beyḍāvī (d. 685/1286). We have seen that there are some similarities between the explanations of the words in the Lāḥiqa-i Sharīfa and the famous Qurʾānic dictionaries such as al-Mufredāt, Umdet al-ḥuffāẓ and Beṣāir. (shrink)

While the effect of top executives' social networks on their compensations has received substantial scholarly attention, little effort has been made to integrate segmented views to offer more complete understanding of this effect. In this paper, we propose an integrative two-stage model by taking both economic and socio-political views into account. We theorise that some characteristics of top executive's outside social ties are positively related to firm performance, and those relationships are conditioned by external and internal strategic contexts, such (...) as environmental uncertainty, strategic relevance, and tie strength. We also theorise that firm performance leads to executives' compensations, but this linkage is moderated by the socio-political dynamics among executives (within-group dynamics) as well as between executives and a board of directors (between-group dynamics) inside the firm. Based on our integrative framework, this paper provides the comprehensive understanding of how executives' compensations are determined and highlights the importance of executive's social ties and their implications. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Narrative Formulation RevisitedOn Seeing the Person in Mental Health RecoveryAnna Bergqvist (bio)The use of narrative in mental health contexts models consciousness as something necessarily embodied, as already part of the world, in an inherently value-laden and perspectival way. As such narrative presents a powerful tool for critical reassessment and reevaluation of preconceived ideas in relating to difficult concepts in clinical interactions.Narrative structures can reveal psychological differences between persons in (...) a way that matters for the provision of effective treatment and management. As emphasized by Solomon (2015), narrative reasoning is also motivated by distinctly first-personal concerns that are operative in the practitioner–client relationship. I maintain that the dynamics of that interpersonal relationship are part and parcel of what it means to address the patient's needs to be seen as a person in humanistic empathetic care—without thereby reducing truth to an individual person's perspective to encourage positive transformation.1The notion of empowering narratives to encourage positive change is a core concept behind the emphasis on the critical role of empathy in explaining human development and psychoanalytic change within the self-psychology tradition but is also key to recovery-based models of the significance of person-centered quality of life in medicine more generally. This is defined in mental health as recovering a good quality of life as determined by the values of (by what matters or is important to) the individual concerned (Allott, Loganathan, & Fulford, 2002; Fulford, 1989, 2004; Fulford, Peile, & Carroll, 2012). The importance of strengths in this regard was reflected for example in the UK government program on values-based mental health assessment. The 3 Keys program, as it was called (National Institute for Mental Health in England, NIMHE, and the Care Services Improvement Partnership, 20082) identified three shared 'keys' to good practice in mental health assessment: three things that were identified in a wide-ranging consultation as being important alike by health professionals of all kinds and by 'service users' thus understood as patients and carers (Fulford, Duhig, Hankin, Hicks, & Keeble, 2015a; Fulford, Dewey, & King, 2015b). The third of these keys was defined in [End Page 7] the subsequently published Good Practice Guidance, as "a person-centred focus that builds on the strengths, resiliencies and aspirations of the individual service user as well as identifying his or her needs and challenges" (NIMHE, 2008: 6); and the guidance included a number of real-life case examples of best recovery practice reflecting this aspect of mental health care (Slade et al., 2014).What my (Bergqvist, 2018, 2020, 2022, forthcoming) account adds to this claim is that while such choices are revelatory or expressive of a distinctly first-personal stance, they do not constitute or determine selfhood and self-interpretation in a fixed way. Moreover, the reason is that one can also adopt a second-personal stance on one's own experience and address oneself, where the relationship between the first- and the second-personal narrative perspective on experience and self-understanding is itself a dynamic and open-ended evaluative process.Anna Bergqvist Anna Bergqvist is Reader in Philosophy at Manchester Metropolitan University since 2021, and has been Postgraduate Research Coordinator and AHRC North West Doctoral Pathway Consortium Lead for Philosophy since 2020. I was elected to a Visiting Fellowship at St Catherine's College University of Oxford for Michaelmas Term 2021. Her service to the profession out with the University includes acting as Secretary of the World Psychiatric Association (WPA) Section for Philosophy & Humanities in Psychiatry (October 2020 – present), Executive Committee Member of the Royal College of Psychiatry (RCPsych) SIG in Philosophy (February 2020 – present) and External Examiner, University of Liverpool (November 2019 – present, 4-year tenure). She is also Director of the Values-based Theory Network at St Catherine's Collaborating Centre for Values-based Practice at the University of Oxford, and Member of its Whiteness and Race Equality Network. Her approach to philosophy bridges the disciplines of moral philosophy, moral psychology and philosophy of psychiatry to improve lives through her reputable expertise in moral perception and co-production as a mechanism for change.Notes1. Here I side with Goldie (2012) and Solomon (2015), who... (shrink)

This study examines how the corporate philanthropy decisions of group-affiliated firms in Korea are made. Based on the attention-based view, we argue that when corporate decision makers at group-affiliated firms focus their attention more on internal markets than external stakeholders because of the firm’s high reliance on intragroup transactions, the firm will decrease its level of corporate philanthropy. We further argue that the relationship will be stronger when governance mechanisms focus on the instrumental value of corporate philanthropy. Using a (...) panel sample of group-affiliated firms in Korea from 2011 to 2015, we find that as intragroup sales increase, the level of corporate philanthropy decreases, and such a negative relationship is stronger when outside director representation and foreign investor ownership are high. Our study suggests that internal dependence and corporate governance mechanisms jointly affect the level of corporate philanthropy at firms in a business group. Thus, this study contributes to the literature on corporate philanthropy, business group, and corporate governance. (shrink)

This study utilises higher objectives postulated in Islamic moral economy or themaqasid al-Shari’ahtheoretical framework’s novel approach in evaluating the ethical, social, environmental and financial performance of Islamic banks.Maqasid al-Shari’ahis interpreted as achieving social good as a consequence in addition to well-being and, hence, it goes beyond traditional (voluntary) social responsibility. This study also explores the major determinants that affectmaqasidperformance as expressed through disclosure analysis. By expanding the traditionalmaqasid al-Shari’ah,, we develop a comprehensive evaluation framework in the form of amaqasidindex, which (...) is subjected to a rigorous disclosure analysis. Furthermore, in identifying the main determinants of themaqasiddisclosure performance, panel data analysis is used by including several key variables alongside political and socio-economic environment, ownership structures, and corporate andShari’ahgovernance-related factors. The sample includes 33 full-fledged Islamic banks from 12 countries for the period of 2008–2016. The findings show that although during the nine-year period the disclosure ofmaqasidperformance of the sampled Islamic banks has improved, this is still short of ‘best practices’. Through panel data analysis, this study finds that the Muslim population indicator, CEO duality,Shari’ahgovernance, and leverage variables positively impact the disclosure ofmaqasidperformance. However, the effect of GDP, financial development and human development index of the country, its political and civil rights, institutional ownership, and a higher share of independent directors have an overall negative impact on themaqasidperformance. The findings reported in this study identify complex and multi-faceted relations between external market realities, corporate andShari’ahgovernance mechanisms, andmaqasidperformance. (shrink)

Individuals sit on the board of directors and set organizational goals, individuals make the product, push new marketing campaigns, make tough decisions, create new products, and so on. What is the role of social responsibility (SR) in their thinking? Do individuals need to behave responsibly to live in a social environment? Could this be grounded in their cognition? Furthermore, is there room for SR in our cognitive processes? And then, how can this analysis help studies on socially responsible business? The (...) article presents how the distributed cognition approach provides a viable explanation for SR in human thinking. The exploitation of external – both social and nonsocial – resources shapes cognitive processes such that the idea of the “isolated brain” is definitely abandoned. Our social cognition uses responsibility as a support mechanism that sustains or discharges distributive processes. The article uses the notion of docility to keep cognition and social behavior together. The conclusion is that SR is (1) a mechanism that allows individuals to maintain cognitive advantages and (2) it emerges when the same social channel is exploited for extended periods of time. (shrink)

PLEASE NOTE: This is the corrected 2nd eBook edition, 2021. ●●●●● _Critique of Impure Reason_ has now also been published in a printed edition. To reduce the otherwise high price of this scholarly, technical book of nearly 900 pages and make it more widely available beyond university libraries to individual readers, the non-profit publisher and the author have agreed to issue the printed edition at cost. ●●●●● The printed edition was released on September 1, 2021 and is now available through (...) all booksellers, including Barnes & Noble, Amazon, and brick-and-mortar bookstores under ISBN 978-0-578-88646-6. ●●●●● In light of the length of this book, readers who would like to have a more detailed description of the book's objectives and method may find it helpful to read the detailed and clearly written Wikipedia entry about this work: From the Wikipedia search page, use the search phrase "Critique of Impure Reason". At least at the time of this writing (11/29/2021), the Wikipedia entry is well-researched and accurate. ●●●●● In addition, a "Primer on Bartlett's CRITIQUE OF IMPURE REASON" has been made available by the author. It is available under its title through PhilPapers and other philosophy online archives. ●●●●● COMMENDATIONS OF THIS WORK, from the back cover of the published edition: ●●●●● “I admire its range of philosophical vision.” – Nicholas Rescher, Distinguished University Professor of Philosophy, University of Pittsburgh, author of more than 100 books. ●●●●● “Bartlett’s _Critique of Impure Reason_ is an impressive, bold, and ambitious work. Careful scholarship is balanced by original analyses that lead the reader to recognize the limits of meaning, knowledge, and conceptual possibility. The work addresses a host of traditional philosophical problems, among them the nature of space, time, causality, consciousness, the self, other minds, ontology, free will and determinism, and others. The book culminates in a fascinating and profound new understanding of relativity physics and quantum theory.” – Gerhard Preyer, Professor of Philosophy, Goethe-University, Frankfurt am Main, Germany, author of many books including _Concepts of Meaning_, _Beyond Semantics and Pragmatics_, _Intention and Practical Thought_, and _Contextualism in Philosophy_. ●●●●● “[This work’s] goal is of a unique and difficult species: Dr. Bartlett seeks to develop a formal logical calculus on the basis of transcendental philosophical arguments; in fact, he hopes that this calculus will be the formal expression of the transcendental foundation of knowledge.... I consider Dr. Bartlett’s work soundly conceived and executed with great skill.” – C. F. von Weizsäcker, philosopher and physicist, former Director, Max-Planck-Institute, Starnberg, Germany. ●●●●● “Bartlett has written an American “Prolegomena to All Future Metaphysics.” He aims rigorously to eliminate meaningless assertions, reach bedrock, and place philosophy on a firm foundation that will enable it, like science and mathematics, to produce lasting results that generations to come can build on. This is a great book, the fruit of a lifetime of research and reflection, and it deserves serious attention.” — Martin X. Moleski, former Professor, Canisius College, Buffalo, NY, studies of scientific method, the presuppositions of thought, and the self-referential nature of epistemology. ●●●●● “Bartlett has written a book on what might be called the underpinnings of philosophy. It has fascinating depth and breadth, and is all the more striking due to its unifying perspective based on the concepts of reference and self-reference.” – Don Perlis, Professor of Computer Science, University of Maryland, author of numerous publications on self-adjusting autonomous systems and philosophical issues concerning self-reference, mind, and consciousness. ●●●●● ●●●●● The _Critique of Impure Reason: Horizons of Possibility and Meaning_ comprises a major and important contribution to philosophy. Thanks to the generosity of its publisher, this massive 885-page volume has been published as a free open access eBook (3.75MB) as well as an open access printed edition. It inaugurates a revolutionary paradigm shift in philosophical thought by providing compelling and long-sought-for solutions to a wide range of philosophical problems. In the process, the work fundamentally transforms the way in which the concepts of reference, meaning, and possibility are understood. The book includes a Foreword by the celebrated German philosopher and physicist Carl Friedrich von Weizsäcker. ●●●●● In Kant’s _Critique of Pure Reason_ we find an analysis of the preconditions of experience and of knowledge. In contrast, but yet in parallel, the new _Critique_ focuses upon the ways—unfortunately very widespread and often unselfconsciously habitual—in which many of the concepts that we employ _conflict_ with the very preconditions of meaning and of knowledge. ●●●●● This is a book about the boundaries of frameworks and about the unrecognized conceptual confusions in which we become entangled when we attempt to transgress beyond the limits of the possible and meaningful. We tend either not to recognize or not to accept that we all-too-often attempt to trespass beyond the boundaries of the frameworks that make knowledge possible and the world meaningful. ●●●●● The _Critique of Impure Reason_ proposes a bold, ground-breaking, and startling thesis: that a great many of the major philosophical problems of the past can be solved through the recognition of a viciously deceptive form of thinking to which philosophers as well as non-philosophers commonly fall victim. For the first time, the book advances and justifies the criticism that a substantial number of the questions that have occupied philosophers fall into the category of “impure reason,” violating the very conditions of their possible meaningfulness. ●●●●● The purpose of the study is twofold: first, to enable us to recognize the boundaries of what is referentially forbidden—the limits beyond which reference becomes meaningless—and second, to avoid falling victims to a certain broad class of conceptual confusions that lie at the heart of many major philosophical problems. As a consequence, the boundaries of _possible meaning_ are determined. ●●●●● Bartlett, the author or editor of more than 20 books, is responsible for identifying this widespread and delusion-inducing variety of error, _metalogical projection_. It is a previously unrecognized and insidious form of erroneous thinking that undermines its own possibility of meaning. It comes about as a result of the pervasive human compulsion to seek to transcend the limits of possible reference and meaning. ●●●●● Based on original research and rigorous analysis combined with extensive scholarship, the _Critique of Impure Reason_ develops a self-validating method that makes it possible to recognize, correct, and eliminate this major and pervasive form of fallacious thinking. In so doing, the book provides at last provable and constructive solutions to a wide range of major philosophical problems. ●●●●● CONTENTS AT A GLANCE ▪▪▪▪▪ Preface ▪▪▪▪▪ Foreword by Carl Friedrich von Weizsäcker ▪▪▪▪▪ Acknowledgments ▪▪▪▪▪ Avant-propos: A philosopher’s rallying call ▪▪▪▪▪ Introduction ▪▪▪▪▪ A note to the reader ▪▪▪▪▪ A note on conventions ▪▪▪▪▪ ▪▪▪▪▪ ▪▪▪▪▪ PART I ▪▪▪▪▪ ▪▪▪▪▪ WHY PHILOSOPHY HAS MADE NO PROGRESS AND HOW IT CAN ▪▪▪▪▪ 1 Philosophical-psychological prelude ▪▪▪▪▪ 2 Putting belief in its place: Its psychology and a needed polemic ▪▪▪▪▪ 3 Turning away from the linguistic turn: From theory of reference to metalogic of reference ▪▪▪▪▪ 4 The stepladder to maximum theoretical generality ▪▪▪▪▪ ▪▪▪▪▪ ▪▪▪▪▪ PART II ▪▪▪▪▪ THE METALOGIC OF REFERENCE ▪▪▪▪▪ A New Approach to Deductive, Transcendental Philosophy ▪▪▪▪▪ 5 Reference, identity, and identification ▪▪▪▪▪ 6 Self-referential argument and the metalogic of reference ▪▪▪▪▪ 7 Possibility theory ▪▪▪▪▪ 8 Presupposition logic, reference, and identification ▪▪▪▪▪ 9 Transcendental argumentation and the metalogic of reference ▪▪▪▪▪ 10 Framework relativity ▪▪▪▪▪ 11 The metalogic of meaning ▪▪▪▪▪ 12 The problem of putative meaning and the logic of meaninglessness ▪▪▪▪▪ 13 Projection ▪▪▪▪▪ 14 Horizons ▪▪▪▪▪ 15 De-projection ▪▪▪▪▪ 16 Self-validation ▪▪▪▪▪ 17 Rationality: Rules of admissibility ▪▪▪▪▪ ▪▪▪▪▪ ▪▪▪▪▪ PART III ▪▪▪▪▪ PHILOSOPHICAL APPLICATIONS OF THE METALOGIC OF REFERENCE ▪▪▪▪▪ Major Problems and Questions of Philosophy and the Philosophy of Science ▪▪▪▪▪ 18 Ontology and the metalogic of reference ▪▪▪▪▪ 19 Discovery or invention in general problem-solving, mathematics, and physics ▪▪▪▪▪ 20 The conceptually unreachable: “The far side” ▪▪▪▪▪ 21 The projections of the external world, things-in-themselves, other minds, realism, and idealism ▪▪▪▪▪ 22 The projections of time, space, and space-time ▪▪▪▪▪ 23 The projections of causality, determinism, and free will ▪▪▪▪▪ 24 Projections of the self and of solipsism ▪▪▪▪▪ 25 Non-relational, agentless reference and referential fields ▪▪▪▪▪ 26 Relativity physics as seen through the lens of the metalogic of reference ▪▪▪▪▪ 27 Quantum theory as seen through the lens of the metalogic of reference ▪▪▪▪▪ 28 Epistemological lessons learned from and applicable to relativity physics and quantum theory ▪▪▪▪▪ ▪▪▪▪▪ PART IV ▪▪▪▪▪ HORIZONS ▪▪▪▪▪ 29 Beyond belief ▪▪▪▪▪ 30 _Critique of Impure Reason_: Its results in retrospect ▪▪▪▪▪ ▪▪▪▪▪ SUPPLEMENT ▪▪▪▪▪ The Formal Structure of the Metalogic of Reference ▪▪▪▪▪ APPENDIX I ▪▪▪▪▪ The Concept of Horizon in the Work of Other Philosophers ▪▪▪▪▪ APPENDIX II ▪▪▪▪▪ Epistemological Intelligence ▪▪▪▪▪ References ▪▪▪▪▪ Index ▪▪▪▪▪ About the author. 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Cinematic virtual reality (CVR) offers filmmakers a wide range of possibilities to explore new techniques regarding movie scripting, shooting and editing. Despite the many experiments performed so far both with both live action and computer-generated movies, just a few studies focused on analyzing how the various techniques actually affect the viewers’ experience. Like in traditional cinema, a key step for CVR screenwriters and directors is to choose from which perspective the viewers will see the scene, the so-called point of view (...) (POV). The aim of this paper is to understand to what extent watching an immersive movie from a specific POV could impact the narrative engagement (NE), i.e., the viewers’ sensation of being immersed in the movie environment and being connected with its characters and story. Two POVs that are typically used in CVR, i.e., first-person perspective (1-PP) and external perspective (EP), are investigated through a user study in which both objective and subjective metrics were collected. The user study was carried out by leveraging two live action 360° short films with distinct scripts. The results suggest that the 1-PP experience could be more pleasant than the EP one in terms of overall NE and narrative presence, or even for all the NE dimensions if the potential of that POV is specifically exploited. (shrink)

This paper examines the relationships between corporate governance and corporate sustainability by focusing on two main components of companies’ governance structure: boards of directors and investor relations officers. We propose an original empirical strategy based on the 120 biggest French capitalizations for the year 2013, allowing us to measure boards of directors’ independence and expertise, as well as investor relations officers’ convictions and communication on corporate sustainability. Our results show that corporate governance has an ambiguous impact on corporate sustainability because (...) of opposing forces: internal, external and intermediate forces. On the one hand, the higher the proportion of inside directors, the higher the company’s environmental and governance performance, while the higher the proportion of general experts in the board room, the lower the company’s governance performance. On the other hand, investor relations officers’ beliefs that corporate sustainability is primarily driven by investors’ ethical values appear negatively related to companies’ governance performance. In sum, corporate sustainability appears positively related to internal forces and negatively related to external forces. The results of this study demonstrate the need to carry out efforts to train BoDs and IROs to respond to corporate sustainability and to take more of a leadership role in this area. (shrink)

This study examines the impact of board gender diversity on financial performance of listed Indian firms in a dynamic modelling framework. Using a firm-year unit of analysis, a sample of 148 publicly listed firms across multiple industries have been studied over a period of five financial years namely FY 2008–2009 to FY 2012–2013. Employing panel data analysis, percentage of women directors is taken as the independent variable and firm performance measured by return on assets and Tobin’s Q as the dependent (...) variables. The primary results of the study using ordinary least squares and fixed effects estimation models point towards a positive and significant relationship between percentage of independent women directors and firm performance. However, results are reversed when the theoretically superior Arellano Bond estimation is used. Findings of the study indicate that the number of companies with no IWDs is reducing across the 5 years of study. This may be due to external pressure created by stakeholders. Also, the number of companies with one IWD is increasing over the period of the study, while the number of companies with two or three or more directors is more or less the same. The number of two or three IWD companies remaining the same could arguably be due to lack of availability of independent directors who are women. (shrink)

Given that women CEOs are usually more risk averse, engage less in opportunistic behavior, and provide higher quality earnings than men CEOs, we argue that firms with women CEOs are likely to face lower operational and information risk and thus enjoy cheaper external funds. Using a large sample of Chinese A-share listed firms operating from 2006 to 2012, we find consistent evidence that Chinese banks tend to impose lower loan costs on firms with women CEOs compared to firms with (...) men CEOs. This effect is more pronounced for non-state-owned enterprises than for state-owned enterprises, for firms without political connections than for firms with political connections, and during non-crisis periods. We do not find any significant effects for firms with women chairpersons, CFOs, or directors. (shrink)

Developing and implementing a meaningful code of conduct by managers or consultants may require a change in orientation that modifies the way these precepts are determined. The position advocated herein is for a different approach to understanding and organizing the guiding parameters of the firm that requires individual reflection and empowerment of the entire organization to advance their shared values. The processes involved are discussed using four discrete stages that move from the personal to the work team and to the (...) unit to the full company, followed by the board of directors’ evaluation. The hoped-for end product is dynamic, employee-driven, codes of conduct that recognize the systemic and far-reaching impact of organizational activities across internal and external stakeholders. Operational details for and some issues associated with its implementation are also provided. (shrink)

This study investigates the impact of Securities and Exchange Commission enforcement actions on individuals holding Certified Public Accountant accreditation. While prior research has investigated both the characteristics of companies that have been investigated by the SEC and litigation against audit firms, it has not addressed the ways in which SEC investigations impact CPAs. Using a sample of 262 CPAs, we find that the most common CPA breach was associated with overstating revenues/income or earnings. The study finds serious consequences for CPAs (...) in terms of employment restrictions and SEC actions, incorporating suspension, which is often permanent. We find that the primary factors relating to the severity of actions by the SEC is whether the CPA intentionally breached the professional code of conduct, the age of the CPA, whether the CPA is still a member of the AICPA with CPA status and whether the CPA was operating as an external auditor or in a corporate accounting role. Our findings have implications for accounting practitioners, the AICPA and boards of directors. (shrink)

Words can mean different things to different people. This can be problematic, mainly for those working together in a bureaucratic institution, such as the secret service. Shared, certified, explicit and codified definitions offer a counter to subjective, solitary and/or culturally dominant definitions. It’s true that codified secrecy terms for secret services can be seen to involve a number of political, cultural, subcultural “languages”, but if words come from unclassified or declassified files, memorandums and/or records, one needs a deep understanding of (...) the secret services. A remarkable feature of this bureaucratic language is the evolving nature of, certain “keywords” as important signifiers of historical transformation. Thus, the changes in the language of the secret services depends at least as much on the internal changes of the secret services as on the transformation in the external political-social environment. In spite of the confusion of Hungarian secret services in the revolutions of 1918–1919 and the disintegration of the Austrian-Hungarian Monarchy, in the early 1920’s became a stable system. Between the two World Wars, the Hungarian State Police directed by the Ministry of Internal Affairs, the Military Intelligence and Counter-Espionage directed by the Ministry of Defence, and the Hungarian Royal Gendarmerie directed by both of the Ministries had their own operational service. This structure existed unchanged until 1945. Simultaneously with the forward advance of the soviet troops, government began to re-establish the former system of the secret services in the eastern part of the country. After WWII, in 1946, the “State-protection Department” as political police became independent from the police. However, from the beginning, they remained under the control of the Communist Party. After 1950, the State Security Authority provided special services for the MIA and the Military Political Directorate of the MoD. After quashing the revolution in 1956, in the spring of 1957, the MIA Political Investigation Department was established which—with slight modifications—kept the structure created during the “state protection era”. The MIA III. The State-Protection General Directorate was established in 1962. The reorganization was finalized in the middle of the 1960’s, which resulted in the new system, which—with the structure of Directorates—became the ultimate structure of the state secret police until the abolishment of the MIA General Directorate III in January 1990. These organizational transformations were largely the result of exogenous historical-political changes. Moreover, each new period had a major impact on the organizational communication, language use and vocabulary of the secret services. This study seeks to interpret these historical transformations. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Journal of Aesthetic Education 37.1 (2003) 54-63 [Access article in PDF] Movement Class as an Integrative Experience:Academic, Cognitive, and Social Effects Svetlana Nikitina I believe the benefits of this type of course reach beyond the obvious possibilities of professional and academic achievement. The degree of personal discovery, creativity, self-development and insight are immeasurable. I am particularly referring to my experience here at Harvard. Claire Mallardi, from course syllabus (...) Performing arts courses at research institutions such as Harvard University are often seen as extracurricular with only tangential or imperceptible effect on students' academic interests. Yet, when I interviewed biology, math, or neuroscience concentrators who took Claire Mallardi's Movement for Actors and Directors course at Harvard in the spring of 2000, most of them told me that it was one of the most meaningful experiences in their academic development, and, according to one psychology concentrator, "the best psychology course" she ever took. In spite of boundaries separating the arts courses from hard and soft sciences, in students' experience the connections run deep. What were those connections that students made from their dance class experience to their academic and social development? And, what in the teaching and nature of the course supported this highly integrative experience that allowed students to reach beyond mastering an artistic medium and become better learners in general? These were the two major questions that guided this study.Why am I interested in the integrative quality of arts education? I am highlighting the academic importance of performing arts programs to suggest to university administrators and instructors in other disciplines the "immeasurable" personal and academic value of such courses whose place is often seen as marginal. Perhaps also, pedagogy used for integration in this course into the academic fabric of the institution could provide models for other courses and curricula that are trying to be integrative or interdisciplinary in a more self-conscious way. And, there are more and more such [End Page 54] courses on every college campus these days. Moriel Blaisdell in Preparing Faculty for the New Conceptions of Scholarship for example, cites "integrative studies" programs among most important trends in higher education today with their goal "to synthesize, to look for new relationships between the parts and the whole, to relate the past and future to the present, and to ferret out patterns of meaning that cannot be seen through traditional disciplinary lenses." 1One of the most daring experiments in universities now, and the one to which the integrative dance course could speak directly, is interdisciplinary teaching in neuroscience, for example. Neuroscience proceeds from the belief in the inherent unity of mind and body and attempts to discover the nature of the relationship between them. In a different way and with a different goal than arts courses, neurosciences also try to cross the boundary of subjective and objective experience, mind and body, physical technique and personal interpretation, which are at the heart of teaching and learning in the performing arts. While not being prescriptive, I would like to suggest that perhaps close attention to the pedagogy and integrative experiences of students in the performing arts courses could provide some insights for pioneering bridge-making in other academic areas as well.I would like to propose that what lies at the core of integrative capacity of a performing arts course, like the one Claire Mallardi teaches at Harvard, is the inherent tendency of the arts to transcend the boundary of body with the mind, and to seek unity of self as both the subject and the object. In a dance, in the words of Margaret H'Doubler, the body is seen "as the outer aspect of personality, for it is the agent through which we receive impressions from the external world and by which we communicate our meaning." 2 This basic translation between body and mind, mental and physical, artistic and academic that went on in Mallardi's class, resulted in integrative and transformational experiences for her students. "I never until this class — comments one student — equated emotions with movement or... (shrink)

Companies are beginning to recognise the concept of Corporate Social Responsibility as presenting a new business model and an opportunity for building innovative forms of competitive advantage. Boards are instrumental in shaping and overseeing such strategies and active engagement around what it means to be a responsible and responsive enterprise can strengthen the Board's potential as a strategic influence on long-term value creation. Yet many companies align with Friedman's contention that adopting and practising CSR is a distraction from their core (...) obligation, which is to act in their shareholders' best interests. Based on directors' perceptions, the paper examines responses by Boards to socially related aspects of their governance role and reports on their external orientation and receptiveness toward wider social obligations. The findings suggest that these Boards hold a narrow view of their fiduciary duty, which is closer to the shareholder model than the stakeholder approach to corporate governance. (shrink)

The Code of Best Practice produced by the Cadbury Committee on the Financial Aspects of Corporate Governance may be viewed as an ethical code in that it prescribes standards of board behaviour. The Code’s specific recommendations with regard to audit committees appear to offer a practical mechanism for the promotion of ethical behaviour through the inhibition of potentially unethical influences exerted by executive directors over external auditors. The rationale for these recommendations centres on the independence of audit committee members, (...) implying that independence is a prerequisite for ethical behaviour. This paper questions the assumptions regarding the role of independence through an exploration of conceptions of independence held by individuals involved in the activities of audit committees in major UK public limited companies. It suggests that audit committees may have an unarticulated role in providing an arena for the display of independence by the participants. This display forms a part of the ceremonial performance which builds confidence in corporate governance mechanisms. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Journal of Aesthetic Education 40.1 (2006) 35-53 [Access article in PDF] "Truth Is What Works": Francisco J. Varela on Cognitive Science, Buddhism, the Inseparability of Subject and Object, and the Exaggerations of Constructivism—A Conversation Francisco J. Varela Bernhard Poerksen Institut für Journalistik und Kommunikationswissenschaft Universität Hamburg Francisco J. Varela (1946-2001) studied biology in Santiago de Chile, obtained his doctorate 1970 at Harvard University with a dissertation on the (...) insect eye, and worked there for some time in the laboratory of Torsten Wiesel, the later Nobel Laureate for medicine. From his scientific beginnings as a researcher in biology, he not only studied and practiced biology but, resisting the dominating mainstream, pursued a research program that ignored and broke down traditional disciplinary boundaries. This research program is best characterized as experimental epistemology, a concept introduced by the neuropsychiatrist and cybernetician Warren S. McCulloch. Francisco J. Varela's great aspiration was to examine and answer the philosophical ur-question of cognition with scientific precision and with the help of the best possible theoretical framework. [End Page 35]Having obtained his doctorate, he went back to Chile to work as a professor of biology together with Humberto R. Maturana. He contributed to the writing of the theory of autopoiesis, which was to cause a furor in the world of science as a universally applicable explanatory model. After the overthrow of Allende and the installation of the dictatorship by the putsch general Pinochet, Francisco J. Varela first escaped to Costa Rica, then became a professor at the American University of Colorado and University of New York, and finally returned in 1980 to the University of Chile in Santiago for five years. Temporary positions as guest professor for neurobiology, philosophy, and cognitive science in Germany, Switzerland, and France led him to Paris in the end, where he worked as research director of the Centre National de Recherche Scientifique until his death on May 28, 2001.In his research work embracing cognitive science, evolutionary theory, and immunology, Francisco J. Varela, constantly inspired by his fundamental interest in the key questions of epistemology, gave the epistemological debate a new orientation. In his thinking he refuses to accept the strict separation of subject and object, of knower and known, which as a rule unites realists and constructivists alike. Francisco J. Varela rejects the fundamental dualism dividing mind and world, which had shaped Western philosophy from its earliest beginnings. He does not subscribe to the idea that human individuals can invent their own realities—blindly and arbitrarily, and without experiencing any resistance from the external world and all other things given. He equally distances himself, however, from the diametrically opposite position that overstates the eigenpower of the world of objects. The external world and all other things given cannot determine what happens in an organism. Varela's claim is that individual and world create each other. The Computational Model of the Mind Poerksen: The ancient key questions of philosophy are at the center of modern cognitive science. What is the essence of the mind? Do our conceptions represent a given world, which is independent from our minds? What is the formative power of external objects over our perceptions? How does cognition function? The search for an adequate answer and an improved understanding of the human mind has led many cognitive scientists to entertain the assumption that the brain is actually a kind of computer. Memory is taken to be a store. Thinking and perceiving are understood as data processing in the sense that an independent external world is computationally transformed into symbols and represented in the organism in this manner. You are very critical of this view. Why?Varela: If the brain is considered as a kind of computer, then cognitive research is limited to discovering certain self-sufficient shapes—the symbols—together with the rules [End Page 36] governing them—the programs. But this search for symbols and programs will never be profitable because it... (shrink)

An organisation which operates without a ‘self-concept’ of its goals, authorised roles, governance procedures regarding sharing information, decisional powers and procedures, and distribution of benefits, or without continuous audit of its impact on its end-users, other players in the practice, and the state, does so at some ethical risk. This paper argues that a quasi-personal model of the collective ethical agency of organisations and states is helpful in suggesting some of these key areas which are liable to need careful organisational (...) design and control by leadership groups if the organisation as a whole entity (directors, operators, enablers) steered by the board/CEO as ‘mind/will,’ is to identify its stakeholders - internal and external - and treat them well. Such a quasi-personal model is outlined (QPM) in which six suggested areas should be covered by the leadership group in ethical governance: goals, roles, decision procedures, execution/verification, relations with endusers and other players in the practice, and relations with the community and the state. The ethical conception presupposed is Neo-Aristotelian Virtue Ethics (NAVE). In subsequent papers the many advantages of QPM/NAVE which will be claimed are these: it comes with an analysis of justice which straddles individuals, families, communities, markets, and states; it offers a more coherent normative account of ‘stakeholder’ and the internal/external stakeholder distinction, by differentiating their descriptive, ethical, and causal relations to the firm as collective agent; and it suggests that business practice and business corporations are partly creatures of the state, and merely one kind of evolving and changeable institution, in a practice with a specific socio-political permit, (not the source of ethics, politics, and social policy). (shrink)

Steven Spielberg‘s filmed representation of the Holocaust dares its viewers to experience, as secondary witnesses, atrocities committed by the Nazis in Poland. The film is yet another form of testimonial narrative (audio-visual but lacking a full historical context, except for a few on-screen titles) which aligns the survivors, who have come to be known as the Schindler Jews, and their descendants, on the one hand, and Spielberg‘s cameraman (comparable to an internalized narrator), Spielberg the film director (an external, (...) omniscient narrator), and the film-theater audience, on the other. We are all turned into witnesses in the same process and at the same time in which the real witnesses, the survivors, testify to the horror of the Holocaust. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by (...) explicitly proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Neo-Idealist Reception of Kant in the Moscow Psychological SocietyRandall A. Poole*The Moscow Psychological Society, founded in 1885 at Moscow University, was the philosophical center of the revolt against positivism in the Russian Silver Age. By the end of its activity in 1922 it had played the major role in the growth of professional philosophy in Russia. 1 The Society owes its name to its founder, M. M. Troitsky (...) (1835–99), an empiricist psychologist. Although it sponsored significant psychological research, its greater importance in the history of Russian philosophy began to emerge already in 1888, when Nikolai Ia. Grot (1852–99) took over as director. Grot’s principal colleagues in the affairs of the Society included the major Russian idealist philosophers Vladimir S. Solov’ev (1853–1900), Sergei N. Trubetskoi (1862–1905), and Lev M. Lopatin (1855–1920). In 1889 the Psychological Society began publication of Russia’s first regular, specialized journal in philosophy, Questions of Philosophy and Psychology (Voprosy Filosofii i Psikhologii). Grot characterized the journal’s prevailing direction as idealist or, “in respect to method, metaphysical.” 2While the cultural revival of the Silver Age mounted a broad-based revolt against positivism, neo-idealist philosophy in the Psychological Society was distinctive in the theoretical depth of its critique. Positivism was remarkably pervasive [End Page 319] in Russia from the middle of the nineteenth century. The main characteristics of this positivist Weltanschauung were reductionism, which dismissed as a meaningless proposition (neither analytic nor empirical) the possibility of being beyond the positively-given data of sense experience, i.e., phenomena in space and time; scientism, the claim, consistent with the positivist reduction of being to natural phenomena, that the methodology of the natural sciences covered eve-rything; and utopianism, the hope that the application of natural scientific methods to man and society would make human existence as regular and well-ordered as nature. 3 The defining trait was reductionism or, in other words, naturalism or atheism: the reduction of being to nature. In ethics, epistemology, ontology, and social philosophy neo-idealism emerged as a response to these characteristics. Its development by philosophers in the Psychological Society, apart from comprising a basic chapter in the history of Russian thought, informs the European-wide revolt against positivism characteristic of fin-de-siècle culture.According to scientistic positivism, philosophy had no distinctive methodology and thus no legitimate right to exist as its own type of scientific (nauchnyi or wissenschaftlich) discipline. Empirical sciences were the only sciences; philosophy could at best serve as a field that systematized empirical research. Against these claims Russian neo-idealists sought to advance the autonomy of philosophy by showing that the positivist measure of reality was far from exhaustive and that what it did not exhaust comprised the domain of philosophy. This domain was human consciousness itself, to the extent it could be shown to be irreducible to empirical experience (the positivist sphere). Neo-idealism thus took shape as a type of philosophy of consciousness. In the inaugural issue of Questions of Philosophy and Psychology S. N. Trubetskoi published the first installment of a large essay bearing the title, “On the Nature of Human Consciousness.” “The question of the nature of consciousness is the principal question of philosophy, not only of psychology,” Trubetskoi wrote, “for in consciousness we know everything that we know.” 4 Trubetskoi and his colleagues in the Psychological Society were convinced that philosophy had to develop through specification of its own internal standards and through autonomization from the spurious criteria positivism applied externally to it. Their goal was to match, in theoretical rigor, the professionalism associated with the natural sciences by making philosophy “scientific,” but on idealist, not empirical grounds. [End Page 320]The Kantian Critique of PositivismIn their defense of the self against positivist reductionism and naturalism, neo-idealists of the Psychological Society were deeply indebted to Kant, in both epistemology and moral philosophy. This claim revises the traditional view that Russian philosophy developed without significant assistance from Kant. 5In two ways Kant’s Critique of Pure Reason defends the minimal idealist claim that not everything intellectual can be reduced to the natural (sensible or psychological), that consciousness cannot... (shrink)

This article provides a cross-case analysis of four art and design research centres operating within UK universities. Findings from autobiographical and semi-structured interviews with researchers, research managers, and research leaders indicate that they encounter similar issues in trying to establish internal legitimacy within the university alongside the need to gain external support and recognition. In dealing with these challenges, art and design research centres tend to pass through four broadly identifiable phases: (i) Origination (utilising credentials and leadership capacity), (ii) (...) Establishment (securing resources and embedding dedicated systems and processes), (iii) Development (furthering profile, diversifying, and retaining autonomy), and (iv) Sustainability (enhancing research culture, networks, and influence). Many interesting parallels are evident with the way small businesses strive to establish themselves within competitive market environments. Lessons for research managers and directors are explored to consider such similarities in key areas of responsibility that cover leadership, managing people and processes, developing organisational capacity, and building external networks. The research suggests research centre directors must demonstrate many intrapreneurial qualities to overcome obstacles in the development of a successful research team and that university departments can make substantial organisational interventions to help them succeed. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Buddhist-Christian Studies 21.1 (2001) 109-111 [Access article in PDF] Seventh International Buddhist-Christian Conference David W.Chappell Soka University of America Pack your bags! The annual meeting of the Society for Buddhist-Christian Studies in Nashville decided that the next international conference will be held August 5-12, 2003, in Chiang Mai, Thailand.An invitation was extended to the society by Dr. John Butt, director of the Institute for the Study of Religion (...) and Culture (ISRC), and by the president of Payap University, Dr. Boonthong Poocharoen. As a Presbyterian faculty member of the McGilvary Faculty of Theology, John has extensive interreligious experience in Thailand and participated in the society's last international conference held in Tacoma, Washington, in August 2000.The institute's associate director, Professor Saeng Chandrangam, is a former Buddhist monk and is one of Thailand's most highly respected Buddhist laymen. He was Chair of the Department of Oriental Studies and the Department of Modern Languages and was Dean of Humanities of the government's Chiang Mai University, where he taught philosophy and theology. Currently he teaches at a Buddhist university in Chiang Mai as well as serving as the associate director ofISRC. Also, Donald Swearer, who has been active with the society since the first international conference in 1980, will be in residence in Chiang Mai in the springs of 2002 and 2003 and can help plan the conference.Payap University was founded in 1974 by the Church of Christ in Thailand, a consortium ofThai Christian congregations begun by Presbyterian, American Baptist, and Disciples missionaries. However, about 95 percent of Payap University's nine thousand students are Buddhist since Chiang Mai is centrally located in the Burmese-Thai axis with the heaviest concentration of Buddhists in the world. As a result, the conference will be set in a context of Protestant missions within a Theravadin Buddhist culture. This setting will increase the presence of conservative and evangelical Christians, as well as Theravadin Buddhists, to serve as an important balance to the already strong Mahayana and Catholic dialogue leaders in our international conferences. John wrote that "Holding the next conference here would demonstrate that there are other forms of Christian faith quite different from that represented by the evangelical missionaries" and that there are other ways of understanding and approaching other different religious communities. Accordingly, a possible theme [End Page 109] might be "Rethinking Mission Motivation and Practice (both Buddhist and Christian) for the Twenty-first Century."Chiang Mai is a city of a population of about three hundred thousand that preserves much of the charm of traditional Thai culture, while also having modern conveniences like Western fast foods and ATMs, but has not yet succumbed to the congestion of Bangkok. Its weather should be in the eighties or nineties and its hotels are inexpensive (about twenty-five dollars per day for two). The meetings at Payap University will be in air-conditioned rooms in a picturesque setting. Payap has three campuses and is affiliated with the McCormick Hospital. It offers twenty-four undergraduate degrees, as well as master's degrees in divinity, linguistics, business administration, international business, Teaching English as a Foreign Language, philosophy, and Christianity.Payap University can draw on considerable experience for hosting foreign programs. The vice president for external affairs, Martha Butt (wife of John), heads a committee that has planned, developed, and operated the in-country segments of all the Thai Elderhostel programs involving over three thousand participants. Also, they will be joined by faculty members from Mahidol, Chulalongkorn, and Thammasat Universities, including Dr. Parichart Suwanbubbha of Mahidol University, a Thai Buddhist (with a degree from Chicago comparing the concepts of karma and grace), who attended the Tacoma conference in 2000.ISRC is located on the Crystal Spring campus of Payap University and was founded in 1996 to serve as a research and study center for scholars and others interested in the comparative study of religion and culture. The institute's primary goal is to provide and nurture a broad ecumenical religious vision for the people ofThailand and Southeast Asia and for others visiting or working... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Carnap’s Construction of the World. The Aufbau and the Emergence of Logical Empiricism by Alan W. RichardsonRolf GeorgeAlan W. Richardson. Carnap’s Construction of the World. The Aufbau and the Emergence of Logical Empiricism. Cambridge: Cambridge University Press, 1998. Pp. x + 242. Cloth, $49.95.According to the author, the “received view” of Carnap’s Kantian treatise of 1928, Der Logische Aufbau der Welt, promulgated mostly by Quine (10), takes it (...) to be a continuation of Russell’s “external world program,” an attempt at “providing a systematic reduction of empirical discourse generally to discourse involving only sense data” (21). One of Richardson’s aims is to show that this is wrong: while Carnap holds that our knowledge begins in sensation, our “elementary experiences” are not conscious and thus do not obey Russell’s “principle of acquaintance.” While we have no conscious access to the first elements of cognition, logical constructions based on them lead to sense qualities, phenomenal items, and eventually to physical and even cultural objects.These constructions are also meant to solve the problem of objectivity. According to Carnap, individual streams of experience are not comparable at all, but “certain structural properties agree for all streams of experience” (Aufbau §66, 32), a point that Kant had also made: “In the relation between sensations lies something that is generally valid, even though each sensation has only private validity” (Reflection 653).Richardson describes Carnap’s constructions in a couple of well written and accessible chapters (31–91), one of them an overview, the other a discussion of the problem of objectivity. Then comes the “Kantian Problematic,” (92–116), centered on the synthetic a priori. He repeats Michael Friedman’s now familiar but mistaken point that, due to the limitations of Aristotelian logic, Kant could not have formulated simple statements about order structures: “between any two points there lies another” could not be formulated in any logic he knew, and he therefore had to call in pure intuition to handle mathematical constructions. But he could, and in fact did, make just such claims in the vernacular, which was the sole vehicle for the pellucid formulations of the classical theory of the continuum, from Bolzano to Weyerstrass.The next chapter brings us the heart of Richardson’s concerns, which is to establish neo-Kantian antecedents of the Aufbau. There are some biographical details of doubtful merit. The neo-Kantian Bauch is identified as Carnap’s “dissertation director,” and, in a perhaps unconscious slight to Carnap’s intelligence, as “the philosopher from whom Carnap learned what he knew about Kant” (116). Ten years before Carnap had indeed taken a seminar in the Critique of Pure Reason from Bauch, but perusal of the latter’s work does not encourage the thought that he had much to do with the thesis “Der Raum” (1922). In the event, a German ordinarius did not usually have a hand in the construction of a thesis, and often did not even read it. His job was to accept it on behalf of the university. We now know, for example, that Bauch’s teacher Rickert had an assistant evaluate Heidegger’s Habilitationsschrift never reading it himself. (It passed.)Richardson’s reflection on the neo-Kantian project relies mostly on Cassirer. This points to another problem with the Bauch connection. Bauch was a zealous anti-Semite, and did not think much of Cassirer and the Marburg school in general. He gave up the editorship of Kantstudien in 1916 because of the Jewish presence in the Kant Society, and [End Page 179] founded his own group and journal. Carnap nonetheless chose Kantstudien to publish his dissertation, perhaps to put more distance between himself and Bauch. Space does not permit me to cite Bauch’s vicious remarks about Einstein; he could not have guided Carnap through the discussion of physical space in “Der Raum.”I return to Richardson’s reconstruction. According to the neo-Kantian, objective knowledge is found in mathematical physics, not in uninformed experience. He acknowledges that theoretical physics relies on conventions, and that these conventions go beyond mere experience to provide the mathematical structure necessary for objectivity (131). The responses to the problem this poses... (shrink)

MARINA PAOLA BANCHETTI-ROBINO is Associate Professor and Chair of the Philosophy Department at Florida Atlantic University. Her areas of research include phenomenology, philosophy of language, philosophy of science, philosophy of mind, and zoosemiotics. Her publications have appeared in such journals as Synthese, Husserl Studies, Idealistic Studies, Philosophy East and West, and The Review of Metaphysics. She has also contributed essays to The Role of Pragmatics in Contemporary Philosophy (1997), Feminist Phenomenology (2000), and Islamic Philosophy and Occidental Phenomenology on the Perennial (...) Issue of Microcosm and Macrocosm (2006). She co-edited Philosophies of the Environment and Technology (1999) and is currently working on a book-length project entitled The Birth of Science Out of the Spirit of Myth: A Historico-Phenomenological Re-Examination of the Crisis of the European Sciences. BERNARD BOXILL was born in Saint Lucia, West Indies where he received his primary and secondary education. He studied philosophy at the University of New Brunswick, Canada and at the University of California, Los Angeles where he was awarded a doctorate in philosophy in 1971. He has published numerous articles, a book, Blacks and Social Justice (1992), and is professor of philosophy at the University of North Carolina at Chapel Hill. ED BRANDON was born and educated in England, studying philosophy and linguistics at The University of York, England, and later philosophy at The University of Oxford with the late John Mackie. After teaching in Sierra Leone and briefly in England, he went to teach philosophy of education at the University of the West Indies at Mona, Jamaica in 1978. From 1992 he has been attached to a policy unit of the Vice-Chancellery, based at the Cave Hill campus in Barbados, where he has been assisting since 2000 with a new major in philosophy. His academic work can be accessed from http://cavehill.uwi.edu/bnccde/epb/personalpage.html CAROLYN CUSICK is a doctoral candidate in the Department of Philosophy at Vanderbilt University. She is a founding member of the Phenomenology Roundtable. Her research focuses on feminist epistemology, Africana philosophy, and phenomenology. LEWIS GORDON is President of the Caribbean Philosophical Association. He is Laura H. Carnell Professor, the most distinguished chair, at Temple University, where he holds appointments in philosophy, religion, and Judaic studies and directs the Institute for the Study of Race and Social Thought and the Center for Afro-Jewish Studies. He is also Ongoing Visiting Professor of Philosophy and Government at the University of the West Indies at Mona, Jamaica. He is the author of several books, including the award-winning Her Majesty's Other Children: Sketches of Racism from a Neocolonial Age (Rowman and Littlefield, 1997), Disciplinary Decadence: Living Thought in Trying Times (Paradigm, 2006), An Introduction to Africana Philosophy (Cambridge University Press, forthcoming), and co-editor of A Companion to African-American Studies (Blackwell, 2006) and Not Only the Master's Tools: African-American Studies in Theory and Practice (Paradigm, 2005). CLEVIS HEADLEY is currently Associate Professor of Philosophy at Florida Atlantic University, director of the Ethnic Studies Certificate Program, as well as director of the Master's in Liberal Studies. Professionally, he serves as the Vice-President and Treasurer of the Caribbean Philosophical Association. Professor Headley has published widely in the areas of Critical Race Theory and Africana philosophy. He has also published in Analytic philosophy, focusing specifically on Gottlob Frege. PAGET HENRY is Professor of Sociology and Africana Studies at Brown University. He is the author of Caliban's Reason: Introducing Afro-Caribbean Philosophy, Peripheral Capitalism and Underdevelopment in Antigua, and the co-editor of C. L. R. James' Caribbean. Professor Henry also serves as the editor of the C. L. R. James Journal, and has published numerous articles on the political economy of the Caribbean as well as on African, African-American, and Afro-Caribbean philosophy. ESIABA IROBI is Associate Professor of International Theatre/Performance Studies at Ohio University, Athens. His groundbreaking book: A Theatre for Cannibals: Resisting Globalization on the Continent and Diaspora since 1441 will be published by Palgrave Macmillan, London, in 2007. He has been invited to be an External Resident Fellow at the prestigious Dartmouth College Humanities Institute for the 2007-2008 academic year. CHIKE JEFFERS is a graduate student in the Ph.D. program of the Philosophy Department at Northwestern University. His interests are in Africana philosophy, social and political philosophy, ethics, philosophy of religion and aesthetics. He is originally from Toronto, Ontario, Canada. CATHERINE JOHN is Associate Professor of African Diaspora Literary and Cultural Studies at the University of Oklahoma. Her book Clear Word and Third Sight: Folk Groundings and Diasporic Consciousness in African Caribbean Writing was co-published by Duke University Press and UWI Press in 2003. She has published several articles on Caribbean literature and culture and her current book project is entitled The Just Society and the Diasporic Imagination. She spends her summer working in Woodside, St. Mary, Jamaica helping with a summer school for children and participating in the community's emancipation celebration. KENNETH KNIES is a doctoral student in philosophy at Stony Brook University. His areas of focus are phenomenology and ancient philosophy. He is also a contributing editor for Political Affairs magazine. EDIZON LEN is a photographer and coordinator of the Fondo Documental Afro-Andino at the Universidad Andina Simòn Bolivar in Quito, Ecuador. In 2006, he was curator of the photo exhibit "The Color of the Diaspora" presented at the Cultural Center of the Catholic University of Ecuador and the University of Tennessee in Knoxville. He is currently completing his doctorate at the Universidad Andina Simòn Bolivar with a focus on Maroon thought. REKHA MENON is Associate Professor of Art History at State University of New York, Buffalo State. She is the author of Seductive Aesthetics of Post Colonialism (forthcoming). Her area of research focuses on current philosophical investigations in colonial and neocolonial aspects of Indian art, artistic/cultural practices and philosophies and their relationship to Western arts and philosophies. Her manuscripts under review are: Ashamed of Our Nakedness, Is There Ever a Naked Body? Ambivalence in Contemporary Indian Expressive Aesthetics and Insatiable Desire. MICHAEL R. MICHAU is a Ph.D. candidate in the Philosophy and Literature Program at Purdue University, and during the 2006-2007 school year, a lecturer in the Department of Comparative Studies and Department of Philosophy at Ohio State University. He is the co-founder and co-secretary of the North American Levinas Society. CHARLES W. MILLS is Distinguished Professor of Philosophy at the University of Illinois at Chicago. He works in the general area of oppositional political theory, and is the author of numerous articles and three books: The Racial Contract (Cornell University Press, 1997), Blackness Visible: Essays on Philosophy and Race (Cornell University Press, 1998), and From Class to Race: Essays in White Marxism and Black Radicalism (Rowman and Littlefield, 2003). MABOGO P. MORE is currently Associate Professor of Philosophy at the University of KwaZulu-Natal, South Africa. He has published articles on African philosophy and social and political philosophy in a number of academic journals, such as South African Journal of Philosophy, Dialogue and Universalism, Alternation, Theoria, and African Journal of Political Science. MARILYN NISSIM-SABAT, Ph.D., M.S.W. is Professor Emerita and Adjunct Professor of Philosophy, Lewis University. Dr. Nissim-Sabat is also a psychotherapist in private practice. She is the author of numerous book chapters and papers in the fields of philosophy (Husserlian phenomenology), psychoanalysis, feminism, and critical race theory. Citations of her works can be found on her website: marilynnissim-sabat.com. FREDERICK OCHIENG'-ODHIAMBO is a Senior Lecturer of Philosophy and Coordinator of the discipline at The University of the West Indies, Cave Hill, Barbados. His major research areas are African philosophy and social philosophy. He has published several articles on philosophic sagacity. IVAN PETRELLA is an Assistant Professor of Religious Studies at the University of Miami. He is author of The Future of Liberation Theology: An Argument and Manifesto (SCM Press, 2006) and editor of Latin American Liberation Theology: The Next Generation (Orbis Books, 2005) as well as co-editor of the series Reclaiming Liberation Theology (SCM Press) RICHARD PITHOUSE is a research fellow at the University of KwaZulu-Natal in Durban, South Africa. He is editor of Asinamali: University Struggles in Post-Apartheid South Africa (Africa World Press, 2006). SATHYA RAO is Assistant Professor in French translation at the Department of Modern Languages and Cultural Studies, University of Alberta, Canada. His research fields include: theory of translation, continental philosophy, postcolonial studies, discourses on Africa, and Francophone cinema and literature. He has published articles in various peer-reviewed journals and written chapters in several collective books such as: De l'Ecrit Africain a l'Oral le Phenomene Graphique Africain, Simon Battestini (Ed.) (Paris: L'Harmattan, 2006) and Thèorie-rèbellion. Un Ultimatum, Gilles Grelet (Ed.) (Paris: L'Harmattan, 2005). He has a co-edited a book on Francophone African cinema L'Afrique fait son cinema (Montreal: Memoires d'encrier, forthcoming). Sathya Rao is vice-president of the International Non-Philosophical Organisation (INPhO), member of the Canadian Association of Translatology (CATS), coordinator of the research team Poexil, and Secretary of the Caribbean Philosophical Association. He is co-founder of an online journal Alternative Francophone. CATHERINE WALSH is Professor and Director of the doctoral program in Latin American Cultural Studies at the Universidad Andina Simon Bolivar in Quito, Ecuador. Her research interests include the geopolitics of knowledge, interculturality and concerns related to the Afro-Andean Diaspora and the production of decolonial thought. Among her recent publications are Pensamiento crìtico y matriz colonial (Quito: Abya Yala, 2005), "Interculturality and the Coloniality of Power. An 'Other' Thinking and Positioning from the Colonial Difference," in Coloniality of Power, Transmodernity, and Border Thinking, R. Grosfoguel, J.D. Saldivar, and N. Maldonado-Torres (Eds.) (Durham: Duke University Press, forthcoming) and "Shifting the Geopolitics of Critical Knowledge: Decolonial Thought and Cultural Studies 'Others' in the Andes," Cultural Studies (forthcoming). KRISTIN WATERS has published widely in the areas of race and gender. Her anthology Enlightened Conversations: Women and Men Political Theorists (Blackwell, 2000) challenges political theorists to be more inclusive of race and gender in their research and teaching. Her book Black Women's Intellectual Traditions: Speaking Their Minds, co-edited with Carol Conaway (University of Vermont Press, forthcoming), addresses the varied intellectual traditions of black women's thought that spans more than two hundred years in North America. She is currently Professor of Philosophy at Worcester State College and Visiting Research Associate at Brandeis University. (shrink)

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

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