The two major schools of thought in Indigenous−settler relations on the ground, in the courts, in public policy, and in research are resurgence and reconciliation. Resurgence refers to practices of Indigenous self- determination and cultural renewal. Reconciliation refers to practices of reconciliation between Indigenous and settler nations as well as efforts to strengthen the relationship between Indigenous and settler peoples with the living earth and making that relationship the basis for both resurgence and Indigenous−settler reconciliation. -/- Critically and constructively (...) analyzing these two schools from a variety of perspectives and lived experiences, this volume connects both discourses to the ecosystem dynamics that animate the living earth. Resurgence and Reconciliation is a truly multidisciplinary work, blending law, political science, political economy, women’s studies, history, anthropology, ecology, sustainability, and climate change. Its dialogic approach strives to put these fields in conversation and draw out the connections and tensions between them. -/- By using “earth teachings” to inform social practices, the editors and contributors offer a rich, innovative, and holistic way forward in response to the world’s most profound natural and social challenges. This timely volume shows how the complexities and interconnections of resurgence and reconciliation and the living earth are often overlooked in contemporary discourse and debate. (shrink)

Mathematics achievement in different education systems around the world is assessed periodically in the Programme for International Student Assessment. PISA is deemed to yield robust...

Chinese kindergartens’ over 110 years of adaptation of foreign models is a vivid example of how globalization comes into direct contact with Chinese culture and creates cultural hybridities. Learning Stories as a narrative assessment tool to children’s development from New Zealand, has swept China with the endorsement from the professional organizations and local authorities, especially attracting many followers in Beijing. Based on a two-year participatory action research in Beijing, the article examines Learning Stories as policy borrowing, redesigned as (...) an innovative reflection tool for professional learning community which results from processes of mutual influence between the global and the local. The article highlights the importance of culture and context in considering professional development and the ‘fluid’ and dynamic nature of ‘glocalization’ working towards integration of globalization and localization. Furthermore, borrowing or learning foreign policies in preprimary education can be... (shrink)

What happens to scientific knowledge when researchers outside the natural sciences bring elements of the latest trend across disciplinary boundaries for their own purposes? Researchers in fields from anthropology to family therapy and traffic planning employ the concepts, methods, and results of chaos theory to harness the disciplinary prestige of the natural sciences, to motivate methodological change or conceptual reorganization within their home discipline, and to justify public policies and aesthetic judgments. Using the recent explosion in the use of chaos (...) theory, _Borrowed Knowledge and the Challenge of Learning across Disciplines _examines the relationship between science and other disciplines as well as the place of scientific knowledge within our broader culture. Stephen H. Kellert’s detailed investigation of the myriad uses of chaos theory reveals serious problems that can arise in the interchange between science and other knowledge-making pursuits, as well as opportunities for constructive interchange. By engaging with recent debates about interdisciplinary research, Kellert contributes a theoretical vocabulary and a set of critical frameworks for the rigorous examination of borrowing. (shrink)

This chapter uses Marx’s credit theory in Comments on James Mill and Freire’s theory of the banking model of education from Pedagogy of the Oppressed to argue that the confluence of massive student debt and structures of “banking” pedagogy in contemporary American higher education places many university students in a unique position of dehumanization. The material limitations brought about by the loan are compounded by the social limitations of a resulting push toward productivity in education. Students with loan debt are (...) driven in the direction of business and pre-professional majors and away from the humanities and other fields which would facilitate students’ abilities to critically question the dehumanizing aspects of their situation. (shrink)

A common feature of contemporary policy making is the sharing and adaptation of policies from other countries. As neoliberal globalisation continues to impact on the development of policy, such practices are increasingly commonplace. This article considers the current phenomenon of ‘policy borrowing’ with reference to the use of data from the Programme for International Student Assessment (PISA) and the 2010 Schools White Paper The Importance of Teaching. The article also traces the origins of policy (...) class='Hi'>borrowing and shows what philosophy of education can bring to its discourse. (shrink)

ABSTRACT Asset‐market bubbles occur dependably in laboratory experiments and almost as reliably throughout economic history—yet they do not usually bring the global economy to its knees. The Crash of 2008 was caused by the bursting of a housing bubble of unusual size that was fed by a massive expansion of mortgage credit—facilitated, in turn, by the longest sustained expansionary monetary policy of the past half century. Much of this mortgage credit was extended to people with little net wealth who (...) made slender down payments, so that when the bubble burst and housing prices declined, their losses quickly exceeded their equity. These losses were transmitted to the financial system—including banks, investment banks, insurance companies, and the institutional and private investors who provided liquidity to the mortgage market through structured securities. It seems that many of these institutions became insolvent; it is certain that they became illiquid. Liquidity loss and solvency fears created a feedback cycle of diminished financing, reduced housing demand, falling housing prices, more borrower losses, and further damage to the financial system and eventually the stock market and the real economy. There are important parallels with the housing and financial‐market booms that led up to the Crash of 1929 and the Great Depression. (shrink)

This Article argues that when credit suppliers market and advertise their credit products, they utilize and enhance consumers’ cognitive biases, particularly their optimism bias and illusion of control. We apply the concept of manipulation to this practice. The biased and manipulated debtors attribute unrealistically low probability to negative life events, such as job loss, illness, accident or divorce, and high probability to positive life events. As a result of the manipulation, the biased debtors are triggered to borrow more than they (...) would have borrowed otherwise. This additional borrowing may contribute to the default of these debtors and to their eventual bankruptcy. Empirical studies of the causes of bankruptcy show that before their default, bankrupts have often experienced negative life events that decrease income, increase expenses, or both. The bias and its manipulation justify legal intervention. The Article discusses various justifications for legal intervention and offers tentative and partial prescriptions for intervention. It analyzes the comparative advantages and shortcomings of ex ante intervention, in the form of regulation of credit marketing practices and credit contracts, of tax and insurance, and ex post intervention, at the bankruptcy stage. Its main contribution is in bringing together bodies of literature on cognitive biases, consumer decision making, lifecycle, social influence, advertising and marketing, behavioral law and economics, economic analysis of bankruptcy and socio-legal studies of bankruptcy. By combining these bodies of literature, the Article provides a new perspective on bankruptcy and credit and offers a promising framework for future work. (shrink)

A common feature of contemporary policymaking is the sharing and adaptation of policies from other countries. As neo-liberal globalisation continues to impact on the development of policy, such practices are increasingly commonplace. This article considers the current phenomenon of ‘policy borrowing’ with reference to the use of data from the Programme for International Student Assessment (PISA) and the 2010 Schools White Paper The Importance of Teaching. The article also traces the origins of policy borrowing and (...) shows what philosophy of education can bring to its discourse. (shrink)

Policy borrowing and policy travelling are words that are often used to mean the same process to different policy practitioners across the globe. Nevertheless, these ideas are also riddled with both ethical as well as political undertones, such that interchanging them becomes problematic. In reflecting on and responding to some of these debates, this paper begins to raise questions on the grounds upon which such policy moves may be ethically and politically suspect. The paper further (...) notes that the discourse on policy moves, policy transfers and/or policy borrowing can be hegemonic, particularly when such a discourse assumes one party, the developed world, to be the source and originator of knowledge. The paper argues that the bottom line is a normal sharing of ideas and knowledge, the very mark of being human in globalised world. (shrink)

Radical curriculum policy transformations are emerging as a key strategy of universities across different countries as they move to strengthen their competitive position in a global knowledge era. This paper puts forward a ?global case study? research agenda in the under-researched area of university curriculum policy. The particular curriculum policies to be investigated point to potentially new forms of liberal education, and they resonate in varying degrees with contemporary patterns in Europe as well as longer standing patterns in (...) the United States. This research agenda stands to make a unique contribution with its ?whole curriculum? approach to: the examination of the relationship between curriculum content, pedagogy and assessment; the tracking of curriculum policy borrowing across different jurisdictions extending between global and local levels; and the investigation of historical antecedents of contemporary curriculum policy patterns. In particular, the proposed agenda features a rare combination of spatial and temporal dimensions of university curriculum policy flows. This research agenda will provide a strong empirical evidence base for extending theory building about university curriculum policy development, as well as policy ?learning? for policy makers, practitioners and scholars ? globally. (shrink)

The focus of this paper is on a variety of practices associated with the transfer of educational policy and practice from one national education system to another – practices sometimes referred to as ‘policy borrowing’. Its concern is with the ethical and political issues raised by these practices. In particular, it discusses concerns that these practices might be practically inappropriate, that they might be culturally insensitive or inappropriate, and that they might be impositional, exploitative perhaps or even (...) oppressive. Such concerns arise particularly in contexts in which the transfer is from relatively rich and powerful countries to relatively poor and less powerful countries. But policy transfer is a feature of relations between the rich and powerful too, and to some extent the issues are then turned on their head. Those engaged in the business of transfer become more clearly identified as service providers and they have to ask questions about to whom and under what conditions they might provide this service. Finally, the paper considers policy transfer as a form of pedagogy and asks whether the kind of ethical considerations which underpin any properly educational transaction might not provide a guide to behaviour by the agents of policy transfer. (shrink)

ABSTRACT The underlying cause of the financial meltdown was much more mundane than a “crisis of capitalism”: The real origins lay in mostly obscure housing, tax, and regulatory policies of the U.S. government. The Community Reinvestment Act, the affordable‐housing “mission” of Fannie Mae and Freddie Mac, penalty‐free refinancing of home loans, penalty‐free defaults on home loans, tax preferences for home‐equity borrowing, and reduced capital requirements for banks that held mortgages and mortgage‐backed securities combined with each other to create the (...) incentives for both subprime lending and the housing bubble that eventually led to the financial collapse. (shrink)

Credit distribution is uneven in the domestic financial market since it is relatively easy for listed companies, mainly state-owned enterprises, to obtain banks’ funds. Unbalanced credit distribution has caused some listed companies to participate in “Borrow to Lend” activities. Based on the traditional “financing priority” theory and credit rationing theory, this paper studies the “Borrow to Lend” shadow banking activities of China’s non-financial listed companies based on the 2007–2018 financial statement data of Chinese-listed companies and discusses the micro-level and macro-level (...) related factors behind this activity. The empirical results show that China’s non-financial listed companies, especially the state-owned enterprises, are participating in obvious “Borrow to Lend” activities. The real economy’s rate of return shows a negative relationship with “Borrow to Lend” activities at the level of individual companies and their industries. This article uses the exogenous growth part of M2 growth to measure monetary policy tightness in terms of macro and credit policies. It uses the ratio of state-owned enterprise loans to total corporate loans as an approximate indicator of the credit distribution structure. The empirical results indicate that state-owned enterprises’ “Borrow to Lend” activities have shifted in the same direction as the tightening of monetary policy after the financial crisis. The proportion of state-owned enterprise loans positively correlates with state-owned enterprises’ “Borrow to Lend” activities. (shrink)

Compensation for research related injuries is a subject that is increasingly gaining traction in developing countries which are burgeoning destinations of multi center research. However, the existence of disparate compensation rules violates the ethical principle of fairness. The current paper presents a comparison of the policies of Brazil, Russia, India, China and South Africa. A systematic search of good clinical practice guidelines was conducted employing search strategies modeled in line with the recommendations of ADPTE Collaboration. The search focused on three (...) main areas namely bibliographic data bases, clinical practice guidelines data bases and a restricted internet search. A manual search of references cited in relevant guideline documents was also conducted. The search terms, Medical Subject Headings and key words were developed for a PubMed platform and then adapted for all other data bases. The search terms were kept constant for each country with the only difference being the country name. The documents so obtained were subjected to systematic content analysis. The study revealed that there is vast panoply of regulations which exist on a continuum. On one extreme is India with comprehensive regulations that are codified into law, and on the other end there is China which does not have specific laws regulating research related injuries. There are a number of differences and similarities such as mandatory insurance requirements, existence of no fault compensation, compensable injuries and the role of research ethics committees. It is imperative to enact legislations that protect participants without stifling the research enterprise. There is need for consistency and ideally harmonization of such regulations at a global level. A model policy on compensation for research related injuries should borrow from the best aspects of the different country policies and should be informed by the cardinal ethics principles of autonomy, justice and beneficence. (shrink)

Law's Indigenous Ethics examines the revitalization of Indigenous peoples' relationship to their own laws and, in so doing, attempts to enrich Canadian constitutional law more generally. Organized around the seven Anishinaabe grandmother and grandfather teachings of love, truth, bravery, humility, wisdom, honesty, and respect, this book explores ethics in relation to Aboriginal issues including title, treaties, legal education, and residential schools. With characteristic depth and sensitivity, John Borrows brings insights drawn from philosophy, law, and political science to bear on some (...) of the most pressing issues that arise in contemplating the interaction between Canadian state law and Indigenous legal traditions. In the course of a wide-ranging but accessible inquiry, he discusses such topics as Indigenous agency, self-determination, legal pluralism, and power. In its use of Anishinaabe stories and methodologies drawn from the emerging field of Indigenous studies, Law's Indigenous Ethics makes a significant contribution to scholarly debate and is an essential resource for readers seeking a deeper understanding of Indigenous rights, societies, and cultures. (shrink)

We applied a technique borrowed from the field of bioethics to test whether justice-related factors influence laypersons’ decisions concerning business ethics. In the first experiment, participants judged the acceptability of remuneration policies and in the second that of executive bonuses. In each study, participants judged a set of 36 situations. To create the scenarios, we varied retributive justice—the amount of remuneration; procedural justice—the clarity of the procedure that determined the remuneration; distributive justice—the extent of the distribution of bonus payments amongst (...) employees; and restorative justice—a special compensation for hazardous working conditions or accidents at work. K-means clustering of all 36 judgments revealed four different personal positions in both experiments. One group of people readily accepted all situations. The other three groups’ judgments were mainly a function of distributive justice modulated in different ways by the context determined by the other variables. Furthermore, people conceive of distributive justice as categorical: Acceptability judgments only increase if companies give bonuses to all employees. Granting bonuses to a subset does not increase acceptability. Our results are useful for policy makers and provide business ethics researchers with a novel technique. (shrink)

Nanotechnologies and nanoscience have generated an unprecedented global research and development race involving dozens of countries. The understanding of associated environmental, ethical, and societal implications lags far behind the science and technology. Consequently, it is critical to consider both what is known and what is unknown to offer a kernel that future work can be added to. The challenges presented by nanotechnologies are discussed. Some initial solutions such as self-regulation and borrowing techniques and tools from other fields are accompanied (...) by a call for further research. (shrink)

This essay dates portions of the “Burden of Egypt” prophecy in Isaiah 19 to the Neo-Assyrian period, based on its borrowing of motifs from Assyrian royal inscriptions. These include the unique motif of the establishment of a monument on the border with Egypt and Assyrian attempts to dominate Egypt by controlling its trade. The essay also demonstrates the dependence of parts of Isaiah 19 on material in Exodus 1–15, integrating specific phrases from these Exodus chapters with motifs known to (...) us from Assyrian royal inscriptions. This integration could only have taken place during the Assyrian period, and this has obvious implications for the dating of the Exodus text. The essay understands the prophecy as a re-envisioning of the Assyrian campaign of 734, part of which was directed at Egypt. In this re-envisioned campaign, YHWH Himself is directing the Assyrian attack on Egypt. The essay focusses on 19:19–25, which describe how the Egyptians suffer as a result of the Assyrian attack. In their despair, they acknowledge the sovereignty of YHWH. This recognition is based on the Assyrian model of recognizing the Assyrian king as universal sovereign, and the monument described in v. 22 is based on the monument established by the Assyrians on the Egyptian border. The behavior of the Egyptians in vv. 20–22 provokes the unique theological statements of vv. 23–25, in which Egypt and Assyria join Israel in the triad blessed by YHWH. This passage demonstrates Isaiah’s use of a sort of “replacement theology” in which the universal sovereignty of YHWH is imagined and described based on Assyrian claims of universal dominion. (shrink)

This Article explores the relationship between consumer credit markets and bankruptcy policy. In general, I argue that the causative relationships running between borrowing and bankruptcy compel a new strategy for policing the conduct of lenders and borrowers in modern consumer credit markets. The strategy must be sensitive to the role of the credit card in lending markets and must recognize that both issuers and cardholders are well placed to respond to the increased levels of spending and indebtedness. In (...) the latter parts of the Article, I recommend mandatory minimum payment requirements, a tax on distressed credit card debt, and the subordination of payments to credit card lenders in bankruptcy. I also argue that many aspects of the American bankruptcy system, as recently reformed, are overly protective of credit card issuers. (shrink)

Equity is a foundational concept for the new World Health Organization (WHO) Pandemic Treaty. WHO Member States are currently negotiating to turn this undefined concept into tangible outcomes by borrowing a policy mechanism from international environmental law: “access and benefit-sharing” (ABS).

The article is devoted to the decolonization of Ukrainian culture as an important factor of nation-building in the European perspective. At the same time, decolonization is a current trend in Western academic thought, which is embodied in social activism, in particular, in the wok movement and the culture of abolition. Postcolonial studies has become an intellectual battleground. These studies draw a new front line in the culture wars. Rethinking Western culture in light of its imperial expansionist past defines the goal (...) of decolonization. However, the tendency towards the politicization of vouk and the culture of cancellation. carries the risks of undermining the basic values of Western culture - freedom of thought and the rule of law, while the decolonization of Ukrainian culture has a different purpose. Unlike cultural decolonization in Western countries, cultural decolonization in Ukraine is aimed at legitimizing modern European values (Lisbon Agreement, 2007) by overcoming the «Russian-oriented» (Eurasian) tradition of thinking.Identifying the authentic contents of Ukrainian culture and refuting its imperial-Soviet interpretations is one of the main tasks of the decolonization of Ukrainian culture. The article offers a comparative analysis of Ukrainian and Western versions of cultural decolonization in order to avoid uncritical borrowings and ignoring the peculiarities of the Ukrainian context. The successful decolonization of Ukrainian culture requires the development of its 1) concept, 2) methods of theoretical substantiation, and 3) methods of practical implementation. The article states that the decolonization of Ukrainian culture becomes possible if its research strategies are deprived of colonial influences, which reveal indications of the imperial and Soviet scientific paradigm of social and humanitarian knowledge. The key concepts of the research are referring to the works of Nigel Giggar (2023), Douglas Murray (2022), Linda Martín Alcoff (2023), Jonh Darwin (2009), Kwasi Kwarteng (2013), Yaroslav Hrytsak (2022), Serhii Plokhii (2021, 2023), Timothy D. Snyder (2017, 2918) and others. (shrink)

This paper describes a 'structural typology' to assist in the analysis of ways in which policy-makers in one country explore educational provision in another and seek to 'borrow' from it. In this analysis we look specifically at England's 'cross-national attraction' to education in Germany over the past 200 years. The paper aims to provide an analytical programme to use in comparative education and to facilitate exploration of the importance of context in shaping educational phenomena.

According to the Principle of Techno-Geek Proportionality, for every million times a nerd gets excited about “the latest thing” the world might change once. Central bank digital currency (CBDC) may be that once. There is nothing new about digital money, but there may be many profoundly new things about CBDC. This is especially so for “retail” CBDC – that is, CBDC freely available to the public rather than “wholesale” CBDC, which is restricted to some registered users and central bank systems. (...) At the moment, the vast majority of money in existence takes the form of deposits at Santander, Barclays and the other commercial banks. As the Bank of England makes clear, most of this is originally produced when a bank extends a loan and creates a sum as a deposit which the borrower can then spend. This money flows around our payments system and the money supply, albeit there is more to money supply than just this, grows as cumulative debt grows and shrinks as debt is paid down. In the UK (and equivalents apply in any modern economy that has commercial banks), though we rarely think about it, since the money is denominated in s and the central bank essentially guarantees that it will exchange at par for central bank money, most of what we think of as money is really Santander or Barclays etc. credit units. Retail CBDC could change this state of affairs and the issues are sufficient to require public debate – not only regarding the scope of the technology but also the role and adequacy of central banks. This, in turn, provides an opportunity to discuss the nature of process. (shrink)

There is a widely held view that the rules forbidding the use of performance enhancing drugs (PEDs) are justified on grounds that utilizing these drugs constitutes cheating . In this chapter we engage with this assumption. Relying on an interpretative approach borrowed from Ronald Dworkin, we offer a novel analysis of cheating, one that makes it out to be a matter of inhibiting the attainment of certain sorts of achievements. These achievements are the important goods at the centre of sport, (...) the telos of sport. We then argue that a given enhancement should be regarded as cheating only when it inhibits or prevents competitors from realizing these important goods. (shrink)

This book approaches the problems and circumstances confronting blacks in the context of black values, the black community, and the role of government. ^BContents:: The Black Community's Values as a Basis for Action; The Community as Agent of Change; and The Government's Role in Meeting New Challenges.

This book offers an empirical and theoretical account of the mode of governance that characterizes the Bologna Process. In addition, it shows how the reform materializes and is translated in everyday working life among professors and managers in higher education. It examines the so-called Open Method of Coordination as a powerful actor that uses “soft governance” to advance transnational standards in higher education. The book shows how these standards no longer serve as tools for what were once human organizational, national (...) or international, regulators. Instead, the standards have become regulators themselves – the faceless masters of higher education. By exploring this, the book reveals the close connections between the Bologna Process and the EU regarding regulative and monitoring techniques such as standardizations and comparisons, which are carried out through the Open Method of Coordination. It suggests that the Bologna Process works as a subtle means to circumvent the EU’s subsidiarity principle, making it possible to accomplish a European governance of higher education despite the fact that education falls outside EU’s legislative reach. The book’s research interest in translation processes, agency and power relations among policy actors positions it in studies on policy transfer, policy borrowing and globalization. However, different from conventional approaches, this study draws on additional interpretive frameworks such as new materialism. (shrink)

This brief essay contrasts two modes of constitutional change: abusive constitutional projects that seek to erode democracy and restorative constitutional projects that aim to repair eroded democratic constitutional orders. Constitutional democracies are eroded and restored via the same mechanisms: formal processes of constitutional amendment and replacement, legislative amendment, changes to executive policies and practices (or respect for conventions), and processes of judicial decision-making. Under the right conditions, abusive uses of these mechanisms for antidemocratic ends can be reversed by prodemocratic or (...) restorative uses. The more difficult question is what kinds of political discourses are most likely to sustain successful processes of democratic rebuilding. In recent work, we have pointed to the role sometimes played by liberal democratic discourses as purported justifications for processes of abusive constitutional change: we label this the rise of “abusive constitutional borrowing.” Less well understood are the kind of discourses likely to sustain successful democratic healing or rebuilding. Often, the most popular discourse is a restorative one, which focuses on repairing damage caused by authoritarians and returning to a constitutional status quo ante. In this essay, we discuss the advantages and disadvantages of restorative constitutionalism as a response to prior episodes of democratic erosion. (shrink)

Educational policy and social sciences researchers have been studying dishonest behaviors among students for a long time. In this bibliometric study we examine the extant literature on academic dishonesty until 2017. We also analyze the specific case of the literature on plagiarism since it is arguably one of the most common academic dishonest behavior. We aim at identifying the intellectual structure of the field of academic dishonesty and plagiarism. Results show that Donald L. McCabe and Richard L. Marsh appear (...) as the most productive authors. Furthermore, Whitley, 235–274, 1998) “Factors associated with cheating among college students: A review”, and Pennycook, 201–230, 1996), entitled “Borrowing others’ words: Text, ownership, memory, and plagiarism” are the most cited publications on academic dishonesty and on plagiarism, respectively. Additionally, a strong connection between the McCabe and Treviño articles emerged from the co-citation analysis on academic dishonesty, and also a strong relationship between Pennycook, 201–230, 1996) and Pecorari, 317–345, 2003), suggesting that these articles are strongly connected. Results suggest that these are the most influential authors and articles of the field. (shrink)

There are various notions of capital, but in this article movement of capital is being analysed from the perspective of international investment law – a country has an asset, which it cannot exploit or do so efficiently and there is a foreigner who possesses financing, technology or know-how, which allows to develop such asset. Lithuania is a net importer of capital, thus this article analyses on what might be the asset that Lithuanian government is interested in developing through foreign investment (...) and why Lithuania does not develop such asset through other means, i.e. borrowing. As China is one the biggest capital exporters and becomes one of the biggest outward investors, this article also analyses driving factors behind such increase of outward investment from China – the Going Out policy and various instruments used by China to encourage such policy. Finally, the article analyses the possible underlying reasons Chinese company CAMCE has in Kaunas free economic zone and what such interest means under international investment law. (shrink)

Borrowing the notion of “metropole” and applying it to global HIV/AIDS policy, I describe how a global AIDS metropole generates, maintains, and diffuses specific identities related to the HIV pandemic throughout the world, concentrating on the prostitute and sex worker identities. I first describe the dominant, and increasingly polarized, Western discourses that have shaped these identities over time. I then specifically address the inappropriate application of the sex worker and prostitute identities to women who practice three different forms (...) of sexual exchange in Antananarivo, Madagascar. Through an ethnography of women engaged in the sexual economy, I explore the disconnect between the discourse and assumptions underlying policies issuing from the global AIDS metropole, as compared to the realities of women’s lives. I discuss potential negative health consequences of the inappropriate application of these labels, both for women participating in the sexual economy and for the population in Antananarivo at large. Finally, I consider the role that relational feminist theory could play in contributing toward a paradigmatic shift in how the global AIDS metropole approaches core-groups such as sex workers or prostitutes. (shrink)

The paper reviews the basics of development and implementation of the debt policy of Ukraine, outlines its formation principles and establishes requirements to normative legal documents which specify administrative measures in the field of the public debt. The research conducted shows that the main normative legal documents which govern activities of state administration bodies responsible for the debt policy implementation are the State Budget and the Program for State Debt Management of the Ministry of Finance of Ukraine. An (...) analysis of the structure of the above documents and ensuing governmental regulations of Ukraine indicates that the national debt policy is not a separate link of the public financial administration, it is shaped subsequent to the results of managerial decisions in the field of monetary relations, changes in the taxation system, operation of the efficiency control system of national taxes, the government deficit level, impacts of foreign economic factors etc. It is proved that debt operations in Ukraine are becoming a factor of economic risk for the state budget whereas the debt budget itself is becoming a destabilization factor. The budgetary policy of Ukraine, which is primarily aimed at maximization of tax collection, results in distortion of the public finance system and aggravates the economic status of numerous industries. The public debt service expenses are however still increasing and require public borrowings which keep growing year by year. The author indicates that the most unsuccessful decisions of the national leadership, which brought about a higher public debt, are the issue of internal public bonds for capitalization of the Privatbank PJSC in 2017 and poor state control over quasi-fiscal operations which may result in default of national Compulsory Social Insurance Funds on their obligations, accumulation of debts on VAT refund, remission of dead tax debts, instalment payment and deferral of money liabilities or tax debts of taxpayers, attraction of sovereign credits by resident economic entities, debt restructuring of such entities with public guarantees, supply of natural gas to heat-and-power engineering companies for generation of thermal energy at preferential prices, accrued receivables of the National Joint-Stock Company 'Naftogaz Ukrainy' for sale of natural gas to the population and heat-and-power engineering companies. (shrink)

Populism in politics and policy orientations in law have thrown the jurisdiction of the academy and the disciplines of interpretation into disarray. Critique flounders in abstraction and negativity, law loses itself in particularity. Administering Interpretation brings together philosophers, humanists, and jurists from both continental and Anglophone jurisdictions to reassess the status and trajectory of interpretative theory as applied in the art of law. Tracking the thread of philosophical influences upon the community of legal interpretation, the essays move from the (...) translation and wake of Derrida to the work of Agamben, from deconstruction to oikononmia. Sharing roots in the philological excavation of the political theology of modern law, contributors assess the failure of secularism and the continuing theological borrowings of juridical interpretation. The book brings contemporary critique to bear upon the interpretative apparatuses of exclusion, the law of spectacular sovereignty, and the bodies that lie in its wake. (shrink)

In his “Integrity: Justice in Work Clothes,” Postema assumes the task of showing that integrity is a genuine moral value of political communities, distinct from other values such as justice and fairness. Postema’s conception of integrity borrows much from Dworkin’s, but also differs from it in an important respect. As anyone familiar with Dworkin’s theory would expect, Postema’s idea of integrity is a kind of fidelity in laws (“practical directives”) and policies to principles arising from what Dworkin famously called “past (...) political decisions of the community.” It is fidelity to a conception of justice that fits and unifies these past decisions (and present ones), a conception the community can be viewed as forming. Postema’s innovation is to see integrity as “complex,” incorporating both “respect” for the past and also “regret.” Because of regret, any set of principles fitting the past will have some compromised coherence – indeed, some incoherence. Regret is consistent with preserving some currency for a morally incorrect decision, but limiting its force. The ultimate justification for viewing integrity as a virtue of law, Postema argues, is that it serves justice and fidelity, which he conceives of as other, more fundamental, values – provided, that is, that the principles express a “morally meaningful” conception of justice. Integrity thus understood allegedly binds officials to precedents in common law legal systems. So if Postema can succeed in his argument that integrity is a genuine moral value, he will have provided a moral justification for following precedent, even when the precedent is mistaken. Moreover, it will be a new kind of justification, an “internal justification” – one that provides a good reason for what Postema assumes is the rule of a precedent case. Success in his argument would be an important contribution to legal theory above and beyond the justification of precedent. Success would show that an interpretive conception of the nature of law also provides moral legitimacy to the resulting laws so conceived. Along with a stout defense of an interpretive theory of law – in particular, an integrity theory of law -- which Postema does not attempt, success would be the key to defending the widespread intuition that legal claims are not just formally normative, or normative in some special legal sense, but robustly – and so, morally – normative. Reasons for complying with law, properly understood, and for applying and enforcing it would be shown to transcend the realm of the merely prudential and the contingent. The conclusion of deep engagement with the details of Postema’s rich and intricate argument, unfortunately, reveals that it fails in its objective. Postema does not succeed in establishing that integrity is a distinct moral value of political communities. Moreover, the setting in which it is plausible that past principles morally justify following precedent is so special and (to some extent) ideal that Postema cannot be credited with offering a new justification for following precedent in actual common law systems, in the real world of the common law. (shrink)

Banking, in common with other areas of finance, is often considered an amoral field focused purely on risk and return. However, ethics does have an important role to play, both traditionally and as business and banking evolve. Based on a speech to a European Union conference on financing small and medium–sized enterprises (SMEs), this paper seeks to provide an overview of ethics in banking using three terms. Integrity is important to generate the trust necessary for any banking system to flourish, (...) responsibility highlights contemporary banks’ need to take into account the consequences of their lending policies, and affinity refers to a set of relatively novel ways in which depositors and borrowers can be brought closer together than they are in conventional western banking. (shrink)

Banking, in common with other areas of finance, is often considered an amoral field focused purely on risk and return. However, ethics does have an important role to play, both traditionally and as business and banking evolve. Based on a speech to a European Union conference on financing small and medium–sized enterprises , this paper seeks to provide an overview of ethics in banking using three terms. Integrity is important to generate the trust necessary for any banking system to flourish, (...) responsibility highlights contemporary banks’ need to take into account the consequences of their lending policies, and affinity refers to a set of relatively novel ways in which depositors and borrowers can be brought closer together than they are in conventional western banking. (shrink)

InWorld Poverty and Human Rights, Thomas Pogge presents a range of attractive policy proposals—limiting the international resource and borrowing privileges, decentralizing sovereignty, and introducing a “global resources dividend”—aimed at remedying the poverty and suffering generated by the global economic order. These proposals could be motivated as a response topositive dutiesto assist the global poor, or they could be justified onconsequentialistgrounds as likely to promote collective welfare. Perhaps they could even be justified onvirtue-theoreticgrounds as proposals that a just or (...) benevolent person would endorse. But Pogge presents them as a response to the violation ofnegative duties; this makes the need for such remedial policies especially morally urgent—on a par with the obligations of killers to take measures to stop killing.In this essay, I focus on the claim that responsibility for world poverty should be conceived in terms of a violation of negative duties. I follow Pogge in distinguishing two questions (p. 134): What kind of duties (positive or purely negative?) would we be subject to in a just global society where everyone fulfilled their duty and there was no significant risk of injustice? And what kind of duties (positive or purely negative?) do we face given that our global society falls short of the just society?I tackle these questions in reverse order below. I argue, in contrast to Pogge, that positive duties are relevant to our answers to both questions. (shrink)

When can we say that a debt crisis has been resolved fairly? An often overlooked but very important effect of financial crises and the debts that often engender them is that they can lead the crisis countries to increased dependence on international institutions and the policy conditionality they require in return for their continued support, limiting their capabilities and those of their citizens to exercise meaningful control over their policies and institutions. These outcomes have been viewed by many not (...) merely as extremely unfortunate and regrettable, but also as deeply unfair. And indeed, increasingly potent popular movements have pressured governments, financial institutions, and the financial community to seek what they take to be fairer solutions to debt crises. The merits of these programs and proposals for dealing more fairly with sovereign debt remain hotly disputed. In this essay, we try to take a step back from the political fray and examine some more fundamental considerations that seem relevant to assessing the fairness of current arrangements governing economic exchanges related to debt contracts and alternatives that have been proposed to them.Our discussion is organized into seven sections. First, we characterize briefly the concept of fairness and its role in social evaluation. Second, we clarify what sovereign debt is, and, third, the ethical statuses that particular sovereign debts can have. Fourth, we identify and describe the main features of current practices related to sovereign debt. Fifth, we describe an "ideal picture" of creditor/debtor relations. We argue that in such a scenario a broad range of ethical considerations can plausibly be invoked in support of practices that closely resemble those presently governing sovereign debt. Sixth, we draw attention to the many ways in which in reality the relations between sovereign debtors and their creditors differ markedly from the relationships between the creditor and debtor in the ideal picture. Because of this, many of the ethical considerations that would support present practices were relations between sovereign debtors and their creditors to resemble more closely those depicted in the ideal picture fail to do so under present circumstances. We conclude, moreover, that the remaining ethical considerations that might be advanced in support of the present system are at best quite inconclusive. Finally, we describe briefly specific reform proposals to current practices. While we will not attempt to show that these proposals would necessarily make the rules governing economic exchanges relevant to sovereign debt more fair, we conclude, in light of our earlier analysis, that they must be given much more serious consideration than they have so far received in policy circles. Indeed, there are strong prima facie reasons to believe that some combination of these proposed policies might prevent or mitigate some of the most ethically regrettable outcomes of present practices and norms by changing the incentives of sovereign borrowers and those who lend to them. (shrink)

The marginal cost of public funds measures the loss incurred by society in raising additional revenues to finance government spending. The MCF has emerged as one of the most important concepts in public economics; it is a key component in evaluations of tax reforms, public expenditure programs, and other public policies. The Marginal Cost of Public Funds provides a unified treatment of the MCF, carefully developing its theoretical foundations in a variety of contexts and describing its application to a wide (...) range of policies--from excise taxes in Thailand to public sector borrowing in Canada and the United States. The Marginal Cost of Public Funds develops the basic theory of the MCF within the framework of public economics and shows how it is related to the traditional measures of the efficiency loss from distortionary taxation. The MCF concept is then applied to the major sources of revenues for governments--sales and excise taxes, taxes on labor income, taxes on the return to capital, public sector borrowing, and intergovernmental grants. This book will be an essential reference for economists and public policy analysts both in and out of government. Exercises and recommendations for further reading at the end of each main chapter highlight its usefulness as a supplementary text in advanced undergraduate or graduate courses in public economics.Bev Dahlby is Professor of Economics at the University of Alberta and a coauthor of Public Finance in Canada, second edition. He has served as a consultant for such organizations as the International Monetary Fund, the World Bank, and the Canadian government's Department of Finance. (shrink)

This paper aims to determine the major axes of the economic policy implemented by the Walloon Region since it acquired significant powers in january 1989. A brief summary of the mechanisms introduced by the Special Financing Law demonstrates how much federal entities suffer from financial constraints imposed by the budgetary sourcing from the National Government. As a result the resources made available are lower than 1988 expenditure on items which have since been 'federalized". The balance will have to be (...) financed by Regional borrowing.We discuss several budgetary policies scenarios and their effects. The Walloon Region has chosen a middle way between two extremes. It has avoided an unchanged expenditure policy, which would have led to an undesirable increase in the debt of the Region, followed by a chronic budgetary shortage. neither has it introduced an excessively strict policy - obtaining a balanced budget by 1996 would have meant a 20% cut in current expenditures. The Walloon Region has opted for a policy of distributing growth between the present and the future by accepting a reasonable level of debt with borrowing limited to the financing of investments which increase the Region's earning assets.When it comes to the budgetary policy of the French Community, we confine ourselves to a brief presentation of the budget because of uncertainty about how it will be made up. (shrink)

1. A short analysis of the institutional reform legislation of August 1980 allows the ascertainment that the competences «granted» by the central power to the regions are truncated.2. Financial means are also «granted». They consist in merely listing sources of revenues : receipts other then tax, black grants, tax shares, limited tax entitlement and borrowing power. Those financial means are arbitrary chosen, they are not related to the competences granted, they are insufficient.3. Anyway, the existing budgeting system does not (...) allow connecting policies and financial means. A new classification should be of more adequacy to achieve this end.4. Actual regional sovereignty implies that all competences explicitely attributed to the federal level should belong to the regions. In the countries where such a system exists, the regions are mastering 40 to 60 % of the revenues. The kind of regionalisation implemented in Belgium only grants about 8 % to the regions.It is pointed out that 65 % of the current revenues and 46 % of the expenditures could technically be subject to federalisation. Should also the financial system of social security be federalized, then should the part of both ressources and expenditures belonging to the regions increase to 7 5 %.On the long way to federalism in Belgium, the new legislation is just a step, not an arrival. The forthcoming years will probably confirm it. (shrink)

The move from respecting science to scientism, i.e., the idealization of science and scientific method, is simple: We go from acknowledging the sciences as fruitful human activities to oversimplifying the ways they work, and accepting a fuzzy belief that Science and Scientific Method, will give us a direct pathway to the true making of the world, all included. The idealization of science is partly the reason why we feel we need to impose the so-called scientific terminologies and methodologies to all (...) aspects of our lives, education too. Under this rationale, educational policies today prioritize science, not only in curriculum design, but also as a method for educational practice. One might expect that, under the scientistic rationale, science education would thrive. Contrariwise, I will argue that scientism disallows science education to give an accurate image of the sciences. More importantly, I suggest that scientism prevents one of science education’s most crucial goals: help students think. Many of my arguments will borrow the findings and insights of science education research. In the last part of this paper, I will turn to some of the most influential science education research proposals and comment on their limits. If I am right, and science education today does not satisfy our most important reasons for teaching science, perhaps we should change not just our teaching strategies, but also our scientistic rationale. But that may be a difficult task. (shrink)

The United States Constitution is arguably the greatest practical achievement of the Enlightenment. Yet most of the elements of the Constitution are borrowed from elsewhere. Its single wholly original component is the separation of church and state. The doctrine of separation has become controversial of late: Numerous ministers and politicians insist that the United States is in truth a "Christian nation" with Christian institutions that has been overtaken by secular humanism; they call for bringing the United States back to its (...) original unity with Christianity. They argue, accordingly, that although toleration of other faiths might be practiced, the explicitly Christian character of the nation and its political institutions should be reasserted in law and policy rather than denied by secularists. Pat Robertson, for example, has maintained that separation of church and state is a "lie of the left.". (shrink)