The article explores the unique character of international commercial arbitration as a globalized phenomenon, where universalizing and harmonizing effects have largely been achieved by private means and spontaneous expansion, outside the States’ direct intervention and control. The evolution of arbitration in recent decades from an alternative to the core mechanism of deciding cross-border commercial controversies is considered. Privatization of this area of dispute resolution is examined in the context of its growing autonomization, marked—as observed by Emmanuel Gaillard—by notable changes in (...) its theoretical representations and narratives. This specific conceptual, institutional, and procedural framework of commercial arbitration reflects the demands of decision-making exercised in a legally, linguistically, and culturally diversified environment. Interpretation and application of law in arbitral cases requires skillful navigation between the rules of domestic, international and transnational origin, performed not only on the level of substantive norms, but also on those involving conflict of laws and procedure. As a consequence, comparative analysis plays a critical and complex role in arbitral decision-making, reaching beyond the mere demands of rendition of relevant provisions, and has been defined sensu largo as a ‘comparative mindset’, characteristic to international commercial arbitration. The article examines this phenomenon and its mechanics, challenges for legal professions and the effect of transnationalization of relevant domestic rules. It also explains the role of comparative analysis as an important instrument, used strategically in the processes of autonomization of commercial arbitration. (shrink)

We live in a time of significant change in the world. The end of XX century. marked by the gradual expansion of the globalization process through closer economic and information links, which also leads to different levels of interdependence between countries and regions. Instead of the state, transnational forces act as units of political discourse. The threat to the national interests of individual states comes precisely from transnational forces. Significant changes in the world make it imperative that global (...) security strategies be revised in the light of cultural factors. (shrink)

European prostitutes occupied an important intermediary status in colonial Bombay’s racially stratified sexual order. In this article, the author offers a transnational feminist analysis of how the colonial state managed its racial and spatial location. The colonial state individuated, fostered, and monitored European prostitutes much more closely than others involved in the sex trade, and “coercive protection” by the police and brothel mistresses kept European brothel workers within their assigned spaces. Paradoxically, international antitrafficking efforts in colonial Bombay consolidated, (...) rather than undermined, these relations of coercive protection. The League of Nations’ antitrafficking measures in the 1920s encouraged the police to focus on cross-nationalcases andthird-partyprocurers andto overlook women who were deemed insufficiently pure. Comparing police, missionary, and social workers’ records, the author offers a critique of both international antitrafficking discourses and the Indian colonial state’s interests in sustaining the sex trade. (shrink)

Judicial Deliberations compares how and why the European Court of Justice, the French Cour de cassation and the US Supreme Court offer different approaches for generating judicial accountability and control, judicial debate and deliberation, and ultimately judicial legitimacy. Examining the judicial argumentation of the United States Supreme Court and of the French Cour de cassation, the book first reorders the traditional comparative understanding of the difference between French civil law and American common law judicial decision-making. It then uses this (...) analysis to offer the first detailed comparative examination of the interpretive practice of the European Court of Justice. Lasser demonstrates that the French judicial system rests on a particularly unified institutional and ideological framework founded on explicitly republican notions of meritocracy and managerial expertise. Law-making per se may be limited to the legislature; but significant judicial normative administration is entrusted to State selected, trained, and sanctioned elites who are policed internally through hierarchical institutional structures. The American judicial system, by contrast, deploys a more participatory and democratic approach that reflects a more populist vision. Shunning the unifying, controlling, and hierarchical French structures, the American judicial system instead generates its legitimacy primarily by argumentative means. American judges engage in extensive debates that subject them to public scrutiny and control. The ECJ hovers delicately between the institutional/argumentative and republican/democratic extremes. On the one hand, the ECJ reproduces the hierarchical French discursive structure on which it was originally patterned. On the other, it transposes this structure into a transnational context of fractured political and legal assumptions. This drives the ECJ towards generating legitimacy by adopting a somewhat more transparent argumentative approach. (shrink)

This empirical study explores the characteristics and degree of implementation of so-called ethics hotlines in transnational companies (TNCs), which allow employees to present allegations of wrongdoing and ethical dilemmas, as well as to report concerns. Ethics hotlines have not received much attention in literature; therefore, this paper aims to fill that gap. Through the analysis of conduct/ethics codes and the compliance programs of the top 150 transnational companies ranked by the United Nations Conference on Trade and Development (...) (UNCTAD) ( 2007 ), we carry out a descriptive and taxonomic study of these companies’ ethics hotlines. We analyze: (1) the basic characteristics of the mechanism, (2) the degree of exigency and the provision of safeguards, (3) the matters reported and the systems for reporting, and (4) the relationships between hotlines and economic characteristics of the firm. Our study compares financial and nonfinancial TNCs as well as North American and European TNCs. Our results show that many firms (especially from North America) have established these procedures. We also find some disparities between European and North American ethics hotlines that suggest differences in the orientation of the procedures. (shrink)

This is the first book to address the social organisation of modern yoga practice as a primary focus of investigation and to undertake a comparative analysis to explore why certain styles of yoga have successfully transcended geographical boundaries and endured over time, whilst others have dwindled and failed. Using fresh empirical data of the different ways in which posture practice was disseminated transnationally by Krishnamacharya, Sivananda and their leading disciples, the book provides an original perspective. The author draws (...) upon extensive archival research and numerous fieldwork interviews in India and the UK to consider how the field of yoga we experience today was shaped by historic decisions about how it was transmitted. The book examines the specific ways in which a small group of yogis organised their practices and practitioners to popularise their styles of yoga to mainstream audiences outside of India. It suggests that one of the most overlooked contributions has been that of Sivananda Saraswati (1887-1963) for whom this study finds his early example acted as a cornerstone for the growth of posture practice. Outlining how yoga practice is organised today on the world stage, how leading brands fit into the wider field of modern yoga practice and how historical developments led to a mainstream globalised practice, this book will be of interest to researchers in the field of Yoga Studies, Religious Studies, Hindu Studies, South Asian History, Sociology and Organisational Studies. (shrink)

This essay examines how Chinese governments, local communities, and overseas Chinese in North America responded to the perceived health risks of Severe Acute Respiratory Syndrome (SARS) and H1N1 flu through the use of public and participatory rhetoric about risk and quarantines. Focusing on modes of security and quarantine practices, I examine how globalization and the social crises surrounding SARS and H1N1 flu operated to regulate differently certain bodies and areas. I identify three types of quarantines (mandatory, voluntary, and coerced) and (...) conduct a transnational comparative analysis to investigate the relationships among quarantines, rhetoric, and public communication. I argue that health authorities must openly acknowledge the legitimacy of public input and actively seek public support regarding health crises. Only by collaborating with concerned communities and citizens and by providing careful guidance for public participation can health institutions ensure the efficacy of quarantine orders during emerging epidemics. (shrink)

After World War II, infant mortality rates started dropping steeply. We show how this was accomplished in socialist countries in East-Central Europe. Focusing on the two postwar decades, we explore comparatively how medical experts in Poland, Hungary, Czechoslovakia, and East Germany saved fragile newborns. Based on an analysis of medical journals, we argue that the Soviet Union and its medical practices had only a marginal influence; the four countries followed the recommendations of the World Health Organization instead, despite not (...) being members. Importantly, we analyze the expert clashes over definitions of livebirth, which impact infant mortality statistics. We analyze the divergent practices and negotiations between countries: since the infant mortality rate came to represent the level of socioeconomic advancement, its political significance was paramount. Analyzing the struggle to reduce infant mortality thus helps us understand how socialist countries positioned themselves within the transnational framework while being members of the “socialist bloc.”. (shrink)

This article is a response to the 1999 article `On the Cunning of Imperialist Reason' by Pierre Bourdieu and Loïc Wacquant, in which US intellectuals such as myself were accused of engaging in `imperialist reason' through scholarly and institutional efforts to impose a US paradigm of racial relations upon Brazilian society and scholarship. This article makes three principal points in relation to Bourdieu and Wacquant's charges. First, their critique relies on presumptions and critical analytical methods which privilege the nation-state and (...) culture as the sole object for comparative analysis, and, second, as a consequence ignore how Afro-Brazilian politics and the US civil rights movement intersect within the political contexts and histories of transnational black politics. The intersecting affiliations of transnational black politics across territorial and nation-state boundaries problematize any characterization of international and inter-state relations as the inevitable interaction of politically discrete, territorially sovereign entities. Bourdieu and Wacquant's self-entrapment within the analytic category of the territorial nation leads them to imprison and caricature US African-American politics and thought within the geographic boundaries of the USA. Their assertions, however, provide an opportunity to consider the so-called US civil rights movement within the larger context of black struggles for racial equality in various parts of the world. Third, Bourdieu and Wacquant's attack is in some ways consistent with Wacquant's demonstrated habit of decontextualizing black cultural production and presenting such decontextualization as a virtue or strength, as evidenced in some of his writings on boxing in the United States. This final linkage is crucial, I believe, in understanding how the indiscriminate use of sociological categories and the refusal to engage the specific peculiarities of the tensions between politics and culture in Brazil are symptomatic of a wider misrecognition of black agency more generally in Wacquant's writings. (shrink)

Law and the legal system through which law is effected are very powerful, yet the power of the law has always been limited by the laws of nature, upon which the law has now direct grip. Human law now faces an unprecedented challenge, the emergence of a second limit on its grip, a new “species” of intelligent agents (AI machines) that can perform cognitive tasks that until recently only humans could. What happens, as a matter of law, when another species (...) interacts with us, can be integrated into human minds and bodies, makes “real-world” decisions—not through human proxies, but directly—and does all this “intelligently”, with what one could call autonomous agency or even a “mind” of its own? The article starts from the clear premise that control cannot be exercised directly on AI machines through human law. That control can only be effected through laws that apply to humans. This has several regulatory implications. The article’s first discusses what, in any attempt to regulate AI machines, the law can achieve. Having identified what the law can do, the article then canvases what the law should aim to achieve overall. The article encapsulate its analysis in a list of both doctrinal and normative principles that should underpin any regulation aimed at AI machines. Finally, the article compares three transnational options to implement the proposed regulatory approach. (shrink)

Background:The understanding of factors that shape risk perception is crucial to modulate the perceived threat and, in turn, to promote optimal engagement in preventive actions.Methods:An on-line, cross-sectional, survey was conducted in Italy between May and July 2020 to investigate risk perception for COVID-19 and the adoption of preventive measures. A total of 964 volunteers participated in the study. Possible predictors of risk perception were identified through a hierarchical multiple linear regression analysis, including sociodemographic, epidemiological and, most of all, psychological (...) factors. A path analysis was adopted to probe the possible mediating role of risk perception on the relationship between the independent variables considered and the adoption of preventive measures.Results:Focusing on the psychological predictors of risk perception, high levels of anxiety, an anxious attachment, and an external locus of control predicted higher perceived risk. Conversely, high levels of openness personality and of avoidant attachment predicted a lower perception of risk. In turn, the higher was the perceived risk the higher was the adoption of precautionary measures. Furthermore, psychological factors influenced the adoption of preventive behaviors both directly and indirectly through their effect on risk perception.Conclusions:Our findings might be taken into high consideration by stakeholders, who are responsible for promoting a truthful perception of risk and proper compliance with precautionary measures. (shrink)

This article challenges the historical directionality of women’s knowledge and experience from the global north to the global south. It situates Moroccan feminist literature by Leila Abouzeid and Malika Oufkir within a transnational comparative approach to argue that reversing such flows – northward instead of southward – enables defamiliarising feminist theory as we know it to refamiliarise it for feminist praxis. Drawing on Obioma Nnaemeka’s African feminist philosophy, the article engages in a literary analysis to articulate a (...) theory of ‘chameleon feminism’ for illuminating how global south women’s stories connect rooms, arenas and fields for a praxis of resilience against authoritarianism. (shrink)

My following comparative analysis is based on two main questions: How can we best understand and describe the social practices of modern medicine in a particular cultural context? And: What can we learn for our moral thinking from such a comparative approach? I will answer these two questions by engaging the comprehensive studies from law, medical sociology/anthropology and ethics in this volume from three different cultural/national contexts: Germany, Israel and India in a fictional, comparative discourse. Hereby, (...) I identify three cross-themes of surrogacy which I will discuss from a normative point of view: unsolved ethical concerns such as exploitation, child’s best interest and unethical motivations, a naturalised parenthood as global-cultural imperative, and the need for transnational discourses beyond relativism. (shrink)

This chapter gives a brief overview of the composition of the volume and explains why it is important to undertake a detailed scholarly analysis and comparison of the following ethico-legal regimes of surrogacy and egg donation: the permissive-unregulated but transitory regime of India; the permissive regime of Israel, although highly regulated by professional, medical and religious norms, and the extremely restrictive regime of Germany, being legally permeable for particular forms of cross-border reproductive practice despite the non-permissive national law. It (...) uses an interdisciplinary lens to examine how the ethical, social, legal and cultural issues are interwoven in each regime. Moreover, we highlight the importance of a comparative analysis to understand how local developments cannot be isolated from each other, but deeply influence each other through transnational markets, modern media and the transfer of knowledge, people and body parts. (shrink)

Recently, scholars have described the emotional consequences of transnational motherhood on families. Research, however, has neglected to address the lives of migrant fathers and how they compare to those of migrant mothers. This article fills the gap by analyzing the experiences of Mexican transnational mothers and fathers residing in New Jersey. Ethnographic data and interviews show that parents behave in similar ways when internationally separated from children. However, their migration patterns and emotional responses to separation differ. I show (...) that these differences are tied to Mexican gender ideology in which women’s maternal roles are sacralized, whereas fathers’ roles are tied to financial provision. Although the contemporary Mexican transnational family structure challenges gender norms, the analysis of how parents understand their family roles when separated from their children proves gender ideals to be highly durable in the transnational context. (shrink)

The origins of U.S. corporate taxation are often associated with the 1909 corporate excise tax. Scholars who have investigated the beginnings of this levy have mainly focused on the legislative history of the 1909 corporate tax to argue that it was either an expression of the Progressive Era impulse to regulate large-scale corporations or an attempt to use corporations as remittance devices to collect taxes aimed at wealthy shareholders. This Article broadens the conventional historical accounts of the emergence of American (...) corporate taxation by revisiting the 1909 U.S. corporate tax from a comparative perspective. The aim is to look both below and beyond the American nation-state to determine how and why U.S. state governments and other Western industrialized nations tried to tax corporations at the turn of the twentieth century. This Article investigates a small slice of subnational and transnational comparative examples: corporate tax laws and policies in a few representative nineteenth-century industrializing American states, and in turn-of-the-century England and Germany. Building on the well-known insights of comparative business history, this Article contends that historically-determined political interests, social ideas, and cultural beliefs help explain the American obsession with disciplining large-scale business corporations through the use of nominally punitive tax laws and policies. Comparative-historical analysis shows how differences in the organizational structures of big businesses across place and time have led to variations in political economy that were ultimately expressed in the legal ideas and cultural attitudes toward corporate capitalism. These variations, in turn, shaped the transnational distinctions in corporate tax law and policies. Greater attention to the comparative-historical development of law and political economy may help us understand the stubborn persistence of American corporate taxation, particularly in the face of recent global changes and the relentless economic critiques of the double taxation of corporate income. (shrink)

This essay departs from conventional American Studies treatments to resituate Bellamy's utopia of 1888 within transnational debates over industrialism, socialism, and the state in European nations and their settler societies between 1890 and 1940. Building upon critical studies and information about the reception of Bellamy's utopia abroad, it offers three approaches: a genre-based analysis of the utopian hybrid that suggests textual bases for multiple readings; a transnational history of evolutionary socialism that helps explain Bellamy's global relevance in (...) the 1890s and again in the 1930s; and a comparative approach that contrasts the reception of Looking Backward in different national contexts. In the face of traditionally exceptionalist scholarship and the narrower, nationalistic frame of Bellamy's sequel, Equality, to understand Bellamy's global appeal we must recover the international context of Looking Backward and the internationalist views expressed in its pages. (shrink)

He-Yin Zhen (1886–1920) was a female theorist who played a central role in the birth of Chinese feminism. Editor of a prominent feminist-anarchist journal in the early twentieth century and exponent of a particularly incisive analysis of China and the world. Unlike her contemporaries, He-Yin Zhen was concerned less with China’s fate as a nation and more with the relationship among patriarchy, imperialism, capitalism, and gender subjugation as global and transhistorical problems. Her bold writings were considered radical and dangerous (...) in her lifetime and gradually have been erased from the historical record. This volume, the first translation and study of He-Yin’s work in English or Chinese, is also a critical reconstruction of early twentieth-century Chinese feminist thought in a transnational context. The book repositions He-Yin Zhen as central to the development of feminism in China, juxtaposing her writing with fresh translations of works by two of her better-known male interlocutors. -/- The editors begin with a detailed portrait of He-Yin Zhen’s life and an analysis of her thought in comparative terms. They then present annotated translations of six of her major essays, as well as two foundational tracts by her male contemporaries, Jin Tianhe (1873–1947) and Liang Qichao (1873–1929), to which He-Yin’s work responds and with which it engages. Jin Tianhe, a poet and educator, and Liang Qichao, a philosopher and journalist, understood feminism as a paternalistic cause that “enlightened” male intellectuals like themselves should defend. Zhen counters with an alternative conception of feminism that draws upon anarchism and other radical trends in thought. Ahead of her time within the context of both modernizing China and global feminism, He-Yin Zhen complicates traditional accounts of women and modern history, offering original perspectives on sex, gender, labor, and power that continue to be relevant to feminist theorists in China, Europe, and America. (shrink)

The article examines how the rules on formation of contract and on mistake, contained in the various transnational model rules that have been published over the past two decades, have taken shape. The approach adopted here is based on an analysis of the ‘textual stratification’ of European private law. The relevant instruments (Convention on Contracts for the International Sale of Goods, Principles of European Contract Law, UNIDROIT Principles of International Commercial Contracts, Draft Common Frame of Reference, Principes contractuels (...) communs) are analysed and compared in their historical sequence. To what extent and why have the texts been transformed in the process? The article demonstrates that there is a very considerable common ground reflecting the state of the art of comparative research in these fields over the past hundred years. It also highlights issues on which consensus must still be reached and it suggests patterns towards reaching such consensus. It is argued that the Principles of European Contract Law, rather than the Draft Common Frame of Reference, should provide the point of departure for future discussions. The scene for the article is set by a critical examination of the concepts of contract and legal act, as used in the Draft Common Frame of Reference. (shrink)

Constitutional and judicial law-making is increasingly beginning to find its reflection not only in the Anglo-Saxon, but also in the Romano-Germanic legal family. However, the prerequisites for the use of this legal instrument are different, which determines the relevance of conducting a comparative analysis regarding the provision of such a mechanism in the USA and Kazakhstan. The purpose of the research is to identify common and distinctive features in the process of implementation of constitutional and judicial law-making in (...) countries belonging to different legal systems. The article uses the methods of analysis, synthesis, comparison, deduction and generalization. As a result, the specificity of ensuring the mechanism of constitutional law-making in the USA was expressed, taking into account various forms of law-making activity. It has been established that the development of constitutional provisions in the United States takes place with the help of the constitutional doctrines of the Supreme Court of the United States, which provide for the introduction of amendments to constitutional provisions without a formal procedure. As a result of the study of the experience of Kazakhstan, it was established that special priority was given to the role of precedent, in particular, the decision of the Supreme Court of the Republic of Kazakhstan. This is explained by the integrative nature of the Romano-Germanic legal system, which allows effective development of national legislation as a whole and its provisions. The obtained results can be used during the professional training of judges in the Republic of Kazakhstan. (shrink)

Background and context: Cicero and Aquinas -- Nature and the natural order in Cicero and Aquinas -- Cicero and Aquinas: nature and reason -- Cicero and Aquinas on the natural law -- Cicero and Aquinas: compatibility and contrast.

In this report we focus on the definition of autonomous weapons systems (AWS). We provide a comparative analysis of existing official definitions of AWS as provided by States and international organisations, like ICRC and NATO. The analysis highlights that the definitions draw focus on different aspects of AWS and hence lead to different approaches to address the ethical and legal problems of these weapons systems. This approach is detrimental both in terms of fostering an understanding of AWS (...) and in facilitating agreement around conditions of deployment and regulations of their use and, indeed, whether AWS are to be used at all. We draw from the comparative analysis to identify essential aspects of AWS and then offer a definition that provides a value-neutral ground to address the relevant ethical and legal problems. In particular, we identify four key aspects—autonomy; adapting capabilities of AWS; human control; and purpose of use—as the essential factors to define AWS and which are key when considering the related ethical and legal implications. (shrink)

In this paper, we propose a methodology of analysis for new videographies based on an analytical grid. We base our epistemological starting point on various critical cultural study authors, a semiotic analysis, and a critical discourse analysis. We apply the grid to a case study composed of a series of videos titledIdentibuzz: Hybrid identities, which was created within UBIQA, a Basque social innovation laboratory. In order to fully grasp the results of the analysis, we briefly outline (...) some data referring to transnational migrations in Spain as well as the representation of immigrants in Spanish mainstream media. We then compare the representations of immigrants in the videos to that in mainstream media to analyze the dissection between new videographies and more traditional video genres. (shrink)

This paper contains a new semantic analysis for the verbal expression resemble. It is argued that resemble is best conceived as a degree predicate, very much in analogy to (transparent) gradable adjectives like close to (see Mador-Haim & Winter 2007). This move can explain why resemble happily combines with the traditional positive, comparative and superlative operators, degree intensifiers and the like, and it meets the philosophical tradition that resemblance is a 4-place comparative relation (Lewis 1986; Williamson 1988). (...) Nevertheless, resemble is an intentional idiom (i.e., not transparent): it is well known that.. (shrink)

Social media (SM) influence young adults’ communication practices. Artificial Intelligence (AI) is increasingly used for making recommendations on SM. Yet, its effects on different generations of SM users are unknown. SM can use AI recommendations to sort texts and prioritize them, shaping users’ online and offline experiences. Current literature primarily addresses technological or human-user perspectives, overlooking cognitive perspectives. This research aims to propose methods for mapping users’ interactions with AI recommendations (AiRS) and analyzes how embodied interactions mediated by a digital (...) agent can lead to changes in social and cultural practices. For this, this work proposes a comparative analysis of central practices evoked by AI recommendations-mediated communication on SM among users in Italy, Estonia, and the Netherlands in the age category 18–26 years old. The data used in the comparative analysis was collected via semi-structured interviews and elaborated based on cognitive psychology and semiotics. This research highlights the contextual significance of AI recommendations as a mediator in creating new communication practices. Findings confirm that young adults often choose practices that would enhance their digital representations according to AiRS’ dominant patterns and categories. AiRS impacts individual interpretations and practices and can further affect social and cultural levels. (shrink)

The European project European and Latin American Systems of Ethics Regulation of Biomedical Research Project (EULABOR) has carried out the first comparative analysis of ethics regulation systems for biomedical research in seven countries in Europe and Latin America, evaluating their roles in the protection of human subjects. We developed a conceptual and methodological framework defining ‘ethics regulation system for biomedical research’ as a set of actors, institutions, codes and laws involved in overseeing the ethics of biomedical research on (...) humans. This framework allowed us to develop comprehensive national reports by conducting semi-structured interviews to key informants. These reports were summarised and analysed in a comparative analysis. The study showed that the regulatory framework for clinical research in these countries differ in scope. It showed that despite the different political contexts, actors involved and motivations for creating the regulation, in most of the studied countries it was the government who took the lead in setting up the system. The study also showed that Europe and Latin America are similar regarding national bodies and research ethics committees, but the Brazilian system has strong and noteworthy specificities. (shrink)

The article deals with the issues of comparing the teachings of Tolstoy and Lao-zi according to the criterion of palingenesis, which is the basis for the construction of the entire ideological corpus of the most important treatise of Taoism “Tao de jing”. Lao-zi formulated the lapidary formula of palingenesis in the fortieth zhang of this treatise, recreating a picture of the harmonization of the Middle Kingdom, arguing that return is the movement of the Tao, and weakening is the action of (...) the Tao. The principle of palingenesis is one of the fundamental principles for which Tolstoy uses Christological vocabulary, and Lao-zi uses embryological vocabulary. The choice of the palingenesis criterion for comparative analysis of the teachings is due to the fact that the latter works as an immutable law when setting the task of recreating harmony in social chaos. Based on the assessments of the content of the zhangs of the “Tao de jing” canon, a representative line of palingenesis elements is built: the category of knowledge/truth; the category of ignorance; the category of simplicity; the category of naturalness; the category of “baby”; the category of non-action; the category of nonviolence. The principles of Taoism are not expressed by Tolstoy with a research sequence in logical definitions, but appear as categories and trends, working in the worldview of the Yasnaya Polyana sage. In the works “What is my faith?”, “Sayings of the Chinese sage Lao-Tse”, “Non-doing”, Tolstoy's teaching is presented in its entirety and is therefore convenient for comparison with the Taoist classics. It is noted that Tolstoy's conceptual idea is based on the desire to convert people to the good - unity with all people. This orientation towards the good is nothing else than the return to man of his original nature, on the way to which the principle of palingenesis associated with the boycott of the civilization of violence is realized. The conducted research has shown that in the teachings of Lao-zi and Tolstoy, which record the experience of theoretical exploration of the world, the categories of palingenesis are common to the Russian and Chinese spirit. (shrink)

Theofan Prokopovych and Georgiy Konyskyi are the most prominent professors of Kyiv-Mohyla Academy in the 18th century. Their courses (1707-09 and 1749/51) are well regarded among the researchers and translated into Ukrainian in 1980 and 1990 respectively. Both texts generally have been considered as original. However, after a careful examination, it possible to notice a strong influence of Prokopovych on Konyskyi. This publication provides a comparative critical edition of a section from both courses on the same topic, on the (...) infinity. The section is published together with the available Ukrainian translations. The four text are synchronized, so it is easy to track the same passage in all the texts. Since the texts of both authors are based on several manuscripts, the publication is accompanied with the apparatus criticus. Because there is no tradition of publishing critical editions of Latin texts in Ukraine, a detailed explanation of the rules of apparatus criticus is provided here. -/- At this stage, it is too early to give a full account of the connection between Konyskyi’s and Prokopovych’ courses; nevertheless, based on the published section, it possible to say that Konyskyi used Prokopovych text mostly verbatim. He made some structural rearrangements, added some comments and clarifications. His text sounds more logical and more easily to apprehend. Considering the main goal of teaching activity – to pass a common knowledge, clarity of explanation is a higher value, than originality. (shrink)

Developments in the provision of care and support services for disabled and older people across developed welfare states have led to the expansion of personalisation (sometimes called cash-for-care, direct payments, care payments, etc.) schemes, whereby cash is paid in substitute for care services and support. Although these schemes vary considerably in their scope and operation (sometimes paying carers directly, sometimes enabling disabled and older people to act as direct employers, sometimes mixing paid and unpaid care), they share the characteristics of (...) commodifying care and support services and will have a potentially profound impact on the relationship between individuals, families, communities and the welfare state. Although the schemes have been evaluated within their own national contexts, little work has been done so far to explore the theoretical implications of their development and extension, particularly from an ethics of care perspective. This paper intends to fill that theoretical gap by drawing on comparative evidence from several schemes across different national contexts to develop an analysis which draws on feminist theory and an ethics of care approach to examine (a) the gendered policy outcomes and impact of such schemes; (b) a feminist analysis of the governance implications of personalisation; (c) the implications for the gendered division of work, particularly between paid and unpaid care work and between different groups of paid and unpaid carers; (d) an ethics of care analysis of the impact of personalisation over the lifecourse of disabled and older people, and carers; and (e) a discussion of the relationship between commodification, empowerment, citizenship and choice drawing on the work of care ethicists. It will draw conclusions about the outcomes of a range of types of personalisation schemes and thus have implications for theory, policy and practice. (shrink)

This paper addresses the field of economic measurements of the value of assets, carried out by the methods of independent expert evaluation. The mathematical principles of application, within a comparative methodical approach, of additive and multiplicative models for correcting the cost of single indicator of compared objects have been considered. The differences of mathematical basis of the compared models were analyzed. It has been shown that the ambiguity in the methodology of correction procedure requires studying the advantages and disadvantages (...) of known models, as well as the justification and elaboration of recommendations for their application. Possible forms of correction representation using several alternative units of measurement have been defined; formulas for their interconnection have been built. Analytic expressions have been derived that mathematically describe the algorithms for performing the evaluation correction procedure using various forms of correction representation. The influence of the correction execution model on the characteristics of uncertainty in the independent evaluation result has been analyzed. The scope of two possible types of correction introduction models has been determined. A specific numerical example was used to demonstrate the methodological advantages of using a multiplicative model when summarizing percentage corrections. The independence of the correction result on the sequence of correction introduction has been confirmed. It is proposed to use the selected measure of partial corrections as a criterion for the adequacy of the correction introduction model. It is proved that the result of the independent expert evaluation depends on the chosen model and does not depend on the sequence of correction introduction. The reported study results are important in terms of theory and practice since they make it possible to improve the accuracy and reliability of the result of independent expert evaluation. (shrink)

The article compares selected chapters devoted the problems of mind (anima) from two philosophical courses by Georgii Konyskyi, taught at Kyiv-Mohyla Academy in 1747-1749 and 1749-1751 academic years. As Konyskyi taught his first course using verbatim Teofan Prokopovych’s philosophical course of 1706-08 academic years, the article compares the doctrines on mind by these two Mohylian authors. It also shows the evolution of Konyskyi’s views. -/- There are common elements between the philosophy of mind of Prokopovych and Konyskyi: their interpretations of (...) Aristotle’s definition of the soul; the scholastic concept of the man as an integral mind-body entity; the problem of the unity and multiplicity of forms. It is shown that Prokopovych and Konsyskyi understood the three-level structure of a human soul in the same way as Francisco Suarez and Rodrigo de Arriaga. -/- However, there are some differences between these two Mohylian professors. They interpreted differently sensitive and intellectual cognition. Prokopovych upholds the scholastic doctrine of species. Konyskyi, in his second course, abandons this doctrine and defends the doctrine of impressiones. They are developed by the phantasmata – not received from objects. The impressions are modifications of animal spirits by direct or indirect impact of objects on senses of a human being or any other animated being. In the doctrine on intellectual powers, Prokopovych upholds the scholastic distinction between active and passive intellect. Konyskyirejects this common for scholastic tradition distinction and considers that passive intellect can do full-scale intellectual activity. The influence of Early Modern philosophy, especially Cartesianism, was the reason why Konyskyi changed his position. (shrink)

A computer-based age estimation is a technique that predicts an individual's age based on visual traits derived by analyzing a 2D picture of the individual's face. Age estimation is critical for access control, e-government, and effective human–computer interaction. The other-race effect has the potential to cause techniques designed for white faces to underperform when used in a region with black faces. The outcome is the consequence of intermittent training with faces of the same race and the encoding structure of the (...) trained face images, which is based on the feature extraction technique used. This study contributes to a constructive comparison of three feature-extraction techniques, namely, local binary pattern, Gabor Wavelet, and wavelet transformation, used in the development of a genetic algorithm -artificial neural network -based age estimation system. The feature extraction techniques used are proven to produce a wealth of shape and textural information. The GA-ANN constitutes the age classifier module. The correct classification rate was chosen as the performance metrics in this study. The results demonstrated that the LBP is a more robust representation of the black face than the GW and Wavelet transformations, as evidenced by its accuracy rate of 91.76 compared to 89.41 and 84.71 achieved with the GW and Wavelet transformation age estimation systems, respectively. (shrink)

As China and the United States strive to be the primary global leader in AI, their visions are coming into conflict. This is frequently painted as a fundamental clash of civilisations, with evidence based primarily around each country’s current political system and present geopolitical tensions. However, such a narrow view claims to extrapolate into the future from an analysis of a momentary situation, ignoring a wealth of historical factors that influence each country’s prevailing philosophy of technology and thus their (...) overarching AI strategies. In this article, we build a philosophy-of-technology-grounded framework to analyse what differences in Chinese and American AI policies exist and, on a fundamental level, why they exist. We support this with Natural Language Processing methods to provide an evidentiary basis for our analysis of policy differences. By looking at documents from three different American presidential administrations––Barack Obama, Donald Trump, and Joe Biden––as well as both national and local policy documents (many available only in Chinese) from China, we provide a thorough comparative analysis of policy differences. This article fills a gap in US–China AI policy comparison and constructs a framework for understanding the origin and trajectory of policy differences. By investigating what factors are informing each country’s philosophy of technology and thus their overall approach to AI policy, we argue that while significant obstacles to cooperation remain, there is room for dialogue and mutual growth. (shrink)

This article provides a comparative and interpretative analysis of the emerging projects in Latin America after the crisis of the neoliberal modernity project. It offers a critical interpretation of the current tendencies in Latin American politics at the national level, while suggesting some hints to understand the current neoliberal crisis in Western countries after Trump’s electoral triumph. The purpose is to figure out the collective meanings behind the new national projects in Latin America (postcolonial indigeneity, confrontational populism, defective (...) neoliberalism, and social liberalism) that are constructing a new regional order. The work examines how the neoliberal modernity project came to be dominant in the late 1980s, only to enter into a period of crisis in the current century. That crisis, in turn, provides the basis for exploring four different alternative projects of modernity, based on the kind of rationality and agency promoted by them. (shrink)

Purpose. The paper is aimed at analyzing in a comparative way the philosophical conceptions of the human, proposed by Ludwig Wittgenstein and Martin Heidegger as the main representatives of the analytic and continental tradition of philosophizing in the XXth century. The theoretical basis of the study is determined by Wittgenstein’s legacy in the field of logical and linguistic analysis, as well as Heidegger’s existential, hermeneutical, and phenomenological ideas. Originality. Based on the analysis of the philosophical works of (...) Wittgenstein and Heidegger, the initial principles of their anthropological concepts in the unity of transcendental preconditions, essential foundations, and correlations to the world in the technosphere are reconstructed. It is demonstrated that, despite the difference in the explanation of the peculiarities in the interpretation of the realm of the transcendental and basic characteristic of the inner world of human, both philosophers emphasized the understanding of the human being through the prism of language and the need for anthropologization of science and technology. Conclusions. Wittgenstein and Heidegger developed their own original considerations on the nature of human being, which fully conform to the basic theoretico-methodological principles of their philosophical conceptions. The former focused on how language reflects a human’s world and serves as a means of expressing their knowledge and aspirations. The latter, on the contrary, interpreted the world as a reflection of language that expresses itself through human. As a supporter of analytic methodology and, accordingly, of accuracy in formulations, Wittgenstein came to the concept of the unspeakable in the process of reflection on the being of human over the language. But in Heidegger’s existential discourse, which is full of metaphors and neologisms, being of human is limited by the concept of Nothing. As a consequence, it is noted that the ontological status of values is transcendental to the world according to Wittgenstein, but it is immanent to the world, according to Heidegger. It is argued that the Austrian thinker developed a linguo-psychological approach to the study of human through the prism of the mental, but the German philosopher comprehended the human on the basis of the concept of self in the ontological sphere. It has been demonstrated that both thinkers have pointed to the challenges faced by humans in the development of science and technology while emphasizing the importance of substantiating their anthropological foundations. (shrink)

The article presents an interpretation of Plotinius’ concept of eternity, which is defined in his treatise On Eternity and Time III.7 [45] as the “life of being.” The textual and philosophical analysis of a number of related passages from Plotinus’ Enneads concludes that the description of eternity as the life of being is neither metaphorical nor analogical. It should be understood in a technical philosophical sense, which contains direct metaphysical and phenomenological implications. Life is not an effect of intelligible (...) reality but an ontological condition, the limit, source of activity, background for the identity of Intellect. The life of being is not identical with partial aspects of the intelligible universe, but is implied and covered by them. In the context of the Plotinian noetics, the notion of life expresses the wholeness of being in its totality—this is applicable not only to the life of intelligible being, but also true for the life of Soul, which assumes the totality of Soul’s time. Life is recognizable and experienced by living and existing beings on the basis of common liveliness and their common ontological status, so life establishes, develops and intensifies the connection of our own being with eternity via eternal in us. There are notable functional similarities between the Plotinian concept of eternity as the life of being and the image of Aion as reconstructed from fragments of Chaldean oracles—a mystical philosophical text widely read by later Neoplatonic philosophers, albeit never openly referred to by Plotinus. The comparative analysis and philosophical interpretation of the Plotinian and Chaldean concepts and images related to eternity suggest that both the sources maintain similar metaphysical roles of mediation, the transfer of unifying and animating light, causing the motion of reality. It is also significant that the Plotinian parallelism of eternity and “eternal in us” is comparable to the Chaldean image of “flower of the mind,” which is described both as a metaphysical attribute of Aion and as a specific power of Soul, which could be used by a person to acquire knowledge of divine reality. (shrink)

The objective of this paper is to provide a comparative analysis of local community protection mechanisms in Kosovo and North Macedonia. The intention is to comparatively analyze the community protection mechanism’s differences and similarities and their establishment in both countries. Requirements on community protection mechanisms as tools for ensuring community rights will be elaborated with two institutional settings and succinct legal infrastructure. The establishment of the community-led mechanisms debate has been increasingly conductive to Kosovo and North Macedonia since (...) the inter-ethnic conflicts that these two states were involved in. For that particular reason, Kosovo and North Macedonia have initiated the design of community protection mechanisms to foster inter-community communication, tension easing, and serving as a means and tool for communities’ inclusiveness in local and central institutional affairs. In doing this analysis, two primary legal documents in Kosovo and North Macedonia, the proposed plan settlement of the former United Nations special envoy Martii Ahtisaari in Kosovo and the Ohrid Framework Agreement in North Macedonia, will lead to conclusive comparative findings. Further, the comparative analysis will extend to elaborating Kosovo’s and North Macedonia’s legislative framework, such as their constitutions, community protection laws, and local governance legislation. The importance of the paper also extends to comparing the community protection mechanisms between two countries in finding potential differences and parities between the community protection mechanisms in Kosovo and North Macedonia. Finally, the analysis will provide a theoretical understanding of the local community protection mechanisms framework, focusing on establishing community protection mechanisms, legal requirements, and successes these mechanisms have brought to both countries’ institutional settings. (shrink)

The approach to analysing population ageing and its impacts on the economy has evolved in recent years. There is increasing interest in the development and use of products and services related to gerontechnology as well as other social innovations that may be considered as central parts of the "silver economy." However, the concept of silver economy is still being formed and requires detailed research. This article proposes a typology of models of the silver economy in the European Union at the (...) national and regional levels. This typology was created by comparing the Active Ageing Index to the typology of varieties and cultures of capitalism and typology of the welfare states. Practical recommendations for institutions of the EU and directions for further research are discussed. (shrink)

This study used structural equation modeling to verify the performance of the ethical decision-making models developed by Jones and by Kelley and Elm. A comparison showed that the Kelley and Elm decision model yielded the optimal degree of fit. The investigations conducted in this study indicated that moral intensities are not an objective, existing concept but rather the product of subjective perception influenced by organizational factors. In addition to directly influencing ethical decisions, organizational factors indirectly influence ethical decisions through moral (...) intensities. (shrink)

Blockchain is one of the technologies that can support digital transformation in industries in many aspects. This sophisticated technology can provide a decentralized, transparent, and secure environment for organizations and businesses. This review article discusses the adoption of blockchain in the ports and shipping industry to support digital transformation. It also explores the integration of this technology into the current ports and shipping ecosystem. Besides, the study highlighted the situation of the supply chains management in ports and shipping domain as (...) a case study in this field. The investigated studies show that blockchain can be integrated into processes such as financial and document workflow. This review contributes to research by focusing on the adoption of blockchain in the ports and shipping industry to support digital transformation. It also aims to understand the existing port practice and map it with current tendencies based on blockchain. This study gives insight analysis to incorporate blockchain technology into ports and shipping processes globally. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Comparative Analysis of Shinran's Shinjin and Calvin's FaithKenneth D. LeeAlthough in Shinran: An Introduction to His Thought, Ueda and Hirota prefer the translation of the term "Shinjin" as "entrusting" over the meaning"faith," the concept of Shinjin in Shinran still seems to echo some similar concepts that are reflected in the Christian notion of faith. In both traditions, the concept of Shinjin and faith is central in the (...) salvific and redemptive process of Amida and Jesus Christ, respectively. By advancing the teaching of the Absolute Reliance on Other-power (tariki) for salvation, Shinran brings to focus the importance of the practitioner's realization of Shinjin in order attain birth into the Pure Land. However, as we will discover from our comparative analysis, we will see that Shinran's Shinjin, though it may share some similar ideas with the Christian faith, particularly in the idea of the utter futility of beings to become saved by self-power (jiriki), is a concept that remains faithful to the Mahāyāna teaching of emptiness and the transcendence of duality. But interestingly, Shinran seems to de-emphasize the notion of emptiness in order to emphasize the necessity of dichotomous mental activity to bring the practitioner to realize his incapacity of attaining enlightenment by self-power and dependence on Other-power.Understanding the underlying process of Shinjin and faith involves understanding the tension between being and becoming vis-à-vis the state between the realization and the actualization of Shinjin or faith. For Shinran, the realization of Shinjin is just the beginning of one's birth into the Pure Land where one's evil karma becomes absorbed and purified in the ocean of Amida's purity. But the actualization of Shinjin, which begins upon the realization of Shinjin, involves a continual purification process of the practitioner's karmic evil until the practitioner reaches enlightenment. That is, through the realization of shinjin, the practitioner attains birth in the Pure Land, which begins the actualization process toward guaranteed enlightenment, but that realization of shinjin is not to be equated with enlightenment itself. Hence, throughout the whole process of realization and actualization, it seems important that the relationship between the practitioner and Amida Buddha be maintained by shinjin on the basis that the practitioner is totally dependent on the Other-power for the actualization of enlightenment since this is impossible through self-power by relying on Amida's compassion and fulfillment of the Vow. Hence, shinjin serves as the practitioner's vehicle for attaining "complete" enlightenment, since enlightenment [End Page 171] involves not an instantaneous but rather a continual process in which the process of purification of the practitioner's karmic residue is made complete as Amida's Vow becomes actualized.Similarly, faith also involves the simultaneous process of being and becoming. In Christian terms, this process can be explained in the notion of justification and sanctification. Justification is the act of divine forgiveness whereby, because of the sacrifice of Christ, an unworthy being no longer has his guilt reckoned against him. Accepting that pardon by faith, the sinner is renewed in his heart and reckoned as righteously justified. Whereas justification by faith is at once made complete at the very moment of the individual's realization, sanctification is a continual process in which the Holy Spirit imparts new life to the believer and he is released from the compulsive power of sin and guilt and is enabled to love God and to serve his neighbor. Furthermore, sanctification ("to make holy";cf. "to purify") is made complete at the Parousia, the second coming of Christ.The reason why this salvific process is at once complete and yet not complete is due to inherent sin or "evil karma" in humans. By the fact that one possesses a human body, not yet transformed in the Buddha body nor yet received an imperishable heavenly body, indicates that there remains an inherent "residue" of evil karma or original sin that needs to be accounted for. Consequently, this purification process is activated solely by the Other-power, which begins at the realization of shinjin or faith after the practitioner or believer surrenders his self-effort and relies upon the Other... (shrink)

The harmful consequences of fossil fuels use has resulted in the promotion of clean and renewable energies. During the past decades, green technologies have experienced a strong development, paying especial attention to wind energy, that covers a significant share of the electric energy demand. In this context, the main efforts are focused on the optimization of wind generator facilities, not only in the mechanic design but also in the energy management. Then, the present work deals with the prediction of the (...) energy generated in a small wind turbine placed in a bioclimatic house located on the north west region of Spain. This includes an analysis of the characteristics of the atmospheric variables registered during the turbine operation for a period of one year and an exploratory examination of a range of regression techniques in order to assess the suitability of using the registered information to predict the installation’s power generation levels on the short term. The study detailed in this work proves that this objective is an attainable one with a good degree of accuracy. (shrink)

This exploratory research compares the interactive metadiscourse use by native English-speaking English for academic purposes writing teachers in the United Kingdom and their non-native counterparts in the Chinese contexts. The analysis is based on a self-compiled corpus, including two sub-corpora, which were composed of instructor contributions to classroom discourse: eight sessions of EAP lessons from the Chinese context and eight sessions of EAP lessons from the British context. Adopting an interpersonal model of metadiscourse, the two sub-corpora were compared to (...) examine the similarities and differences in their use of interactive metadiscourse. Findings of the comparative analysis reveal that EAP teachers from both contexts rely heavily on transition markers and frame markers to organize their teaching but differ in particular linguistic realizations. This may indicate the impact of a range of factors such as logical preferences, development order of acquisition, discourse community, and speech community on teachers’ interactive metadiscourse strategies. The article concludes with a few implications for metadiscourse research in spoken academic genres. (shrink)

This article concentrates on a couple of semiotic approaches working out, on the one hand, the mediated character of reducing interpretative trajectories to the actual translation into the language of narratives (A. J. Greimas) or the language of textuality (F. Rastier), and, on the other, the direct, apparently unmediated passage to the visceral physicality of the verbal signifying system, which make semantic and syntactic components perfunctory to interpretation in a way (J. Kristeva). Greimassian universal narrative grammar dismantles signifying units, navigating (...) in the network of narrative utterances. Rastier's approach structures textual artifacts by unearthing semantic constituents crucial for semiotic analysis. Kristeva examines what is behind the curtain instead of sorting out the significance of the text's content as a special category and the possibility of procedure allowing its interpretation. These three authors are compared in the context of two approaches that come to grips with the author/reader pair. (shrink)