This article re-examines the House of Lords» decision in Pepper v Hart, which relaxed the rule prohibiting courts from using ministerial explanations of Bills in Parliament in the construction of statutes. It recognizes the importance of context in the interpretation of statutes, but questions the assumption in the case that intention can be attributed to Parliament. It argues that the case can be confined to authorizing the use of ministerial statements in Parliament when such statements can be shown to be (...) inconsistent with arguments made by government before the courts on the meaning of the legislation. Any broader interpretation of the decision raises serious constitutional objections. (shrink)

A broad set of public policy debates concern the limits of humanity’s control over nature. Attitudes towards such topics are not well explained by the standard 2-dimensional political model favored by political scientists of i) a left/right economic spectrum and ii) a liberal/authoritarian social spectrum. I pose a new, orthogonal, political spectrum to fill the void. It is a spectrum of value held for, on the one hand, nature, and on the other, technological progress. This harks back to the 18th (...) Century Enlightenment and Romanticism, but manifests again and again, including in recent debates about human enhancement biotechnology. (shrink)

Aristotle’s philosophical insights into ethics, wisdom and practice have drawn the attention of scholars. In the current professional context where ethics are often compromised, this debate assumes a necessary urgency. This subject is highly relevant to business schools, given the general neglect of this quality in executive management development. Our research involved an analysis of contemporary literature on phronesis in the management scholarship, practice and teaching domains. Our definition of phronesis identifies themes and paradoxes distilled from this literature. Stories are (...) by nature multi-layered and paradoxical, embracing ambiguity and contradiction, so we incorporate narrative as essential to our enquiry. While it appears to be easily grasped, phronesis is complex, nuanced and paradoxical, seen as an unorganised set of characteristics in the management scholarship domain. We argue that the neglect of phronesis in modernity flows from the challenging nature of developing it, itself the consequence of its indistinctness. It calls for Einstein’s words “I would give my life for the simplicity on the other side of complexity”. This article argues that developing this virtue as a form of practical wisdom, should be an integral part of executive management development if we are to cultivate morally responsible leadership. A typology of managerial phronesis will encourage contextually appropriate leadership excellence based on the virtue-attributes of managers-as-scholars. The typology we propose is based on a Grounded Theory synthesis of relevant literature. We adopt a phenomenological stance. Through incorporating Grounded Theory second order themes, we offer a grainier understanding of the qualities of managerial phronesis. (shrink)

We are witnessing a Europe in turmoil, tormented by the violence of ethnic and nationalist struggles which legitimate themselves in the name of identity. This anthology explores the assumptions of identity by disassembling old myths and fictions of unity in relation to the subject, politics and art. Other than identity offers the possibility of rethinking the concept and introducing instead notions of self and other, identity politics and aesthetics. Through theoretical and concrete examples, this study exemplifies the best of current (...) thinking concerning identity. It marks a new venture in multi-disciplinarity, bringing together writers identified with different discursive fields and visual artists to produce work specifically for this publication. Not only will each chapter be a contribution to particular specialist genres but the collection as a whole will offer new possibilities for rethinking identity. The multifarious approach will appeal to a wide spectrum of disciplines and discourses and to anyone with an interest in what is traditionally identified as culture. (shrink)

In recent times there has been a growing focus on the process of building up the local church in the Reformed Churches of South Africa. Congregation building should not only take place through growing numbers, but also through spiritual growth. In this article a few basis-theoretical perspectives will be explored through a study of applicable literature, regarding the definition of 'disciple' and 'discipleship'. It is also the purpose of this article to establish whether or not there is any relation between (...) discipleship and congregation building. It is the premise of this article that discipleship, with the basis-theoretical perspectives in mind, can suffice as a ministry model towards congregation building for the church in the ever so changing times in which she finds herself when the kingdom of God is taken as the goal of discipleship, and love for God and your neighbour is taken as the underlying principle of discipleship. (shrink)

Less than thirty years ago, South Africa still had laws strictly prohibiting “interracial” intimacy. In this study, participants shared stories of living in Cape Town with a partner of a different “race” and invoked spatial metaphors, of boundaries and border crossing, describing their experiences in cartographical, “landscaped” language. This article reflects on how these metaphors relate to deeper social dynamics that shape the lives of those in “race”—trangressing relationships, and their own sense of agency in managing the correlative inner landscape. (...) We suggest that these relationships are symbolic sites where society performs processes of ongoing racialization. (shrink)

The enforcement of racial segregation during apartheid was aimed not only at regulating public spaces, residential areas and the workforce, but also at shaping the subjectivities of individuals who were socialised to see themselves through the lens of a white racial hierarchy. The ideology of white supremacy and superiority that informed apartheid policy was largely justified using Christonormative epistemologies that sought to legitimate the racial hierarchy as having basis in Holy Scripture and as an extension of God’s will. At the (...) same time, apartheid policy fragmented religious communities, entrenching race as a central component of spiritual subjectivities. Twenty years after the end of apartheid, the legacy of apartheid continues to shape the lives and opportunities of all people living in South Africa, despite many gains made in working towards a non-racial, non-sexist democracy. While much scholarly attention has been paid to postapartheid contexts of work, residency and recreation, relatively little attention has been paid to spaces of worship. This is surprising, given that religious belief and practice are widespread in South Africa in the first instance, and that Christian belief, in particular, was so central to the social imaginary of apartheid, in the second. Thus, in efforts to transform society and advance social justice, it is imperative to consider diversity, difference and otherness from the perspective of, and in relation to, contemporary religious communities and contexts. This article will consider some of the factors shaping dynamics of diversity and difference within the context of religious communities in South Africa, over 20 years into democracy. (shrink)

The early 1990s saw an increase in conflict in Africa and increasingly brutal tactics of war ranging from using rape as a weapon of war to the amputation oflimbs of citizens. By 2006 nearly half of all high-intensity conflicts were fought on the African continent. In many cases, fragile peace had been achieved in countries that saw some of the most brutal actions of war and experienced the most horrific human rights abuses. These societies embarked on processes ofpost-conflict reconstruction and (...) the search for sustainable peace through national reconciliation and forgiveness in the hope of creating sustainable peace and democracy. This article seeks to engage the notions that underpin Western or retributive justice and African or restorative notions of justice in achieving democratic durability in a post-conflict society. It is premised on the argument that sustainable peace in Africa can only be achieved with a creative mixture ofboth Western and African approaches to transitional justice. (shrink)

The purpose of this article is to explore the religious responses within the Orange Free State republic to the environmental crises in the period c. 1896 to c. 1898. During this time the state was subjected to severe drought, flooding, and the outbreak of various diseases. The article examines the way in which these afflictions where interpreted by the Christian and wider community in terms of God’s wrath for unrepented sins. The persistence of synchronistic elements of folk religion was seen (...) to have brought plagues like those found in Exodus which were visited upon the Pharaoh and his kingdom. This interruptive frame work led to calls for national repentance, but also a resistance to scientific and medical resolutions to the crises. It also reinforced racial divisions. Black Africans were perceived as the carriers of the disease so their movement was prohibited. The article goes on to show how the effect of this biblical frame of reference protected the concept of God as the ever-present active God in every aspect of life against the scientific rationalism of the age, while at the same time ironically hindering the work of mission and the life of the church. (shrink)

The important contribution that the Dead Sea Scrolls (DSS) hold for New Testament studies is probably most evident in Ad Hebraeos. This contribution seeks to present an overview of relevant extant DSS fragments available for an investigation of the Old Testament explicit quotations and motifs in the book of Hebrews. A large number of the explicit quotations in Hebrews were already alluded to, or even quoted, in some of the DSS. The DSS are of great importance for the study of (...) the explicit quotations in Ad Hebraeos in at least four areas, namely in terms of its text-critical value, the hermeneutical methods employed in both the DSS and Hebrews, theological themes and motifs that surface in both works, and the socio-religious background in which these quotations are embedded. After these four areas are briefly explored, this contribution concludes, among others, that one can cautiously imagine a similar Jewish sectarian matrix from which certain Christian converts might have come – such as the author of Hebrews himself. (shrink)

The fact that the New Testament authors often referred or alluded to, or quoted from their Scriptures, and then very often linked those quotations, references, and allusions from their Jewish Scriptures to the Christ-event, has led to the viewpoint of some that ‘Christ is found in the OT’ – that is, that the OT prophesised about the events that took place regarding the person, Jesus of Nazareth. It is the intention of this contribution to confirm the position of mainstream biblical (...) scholarship that the Old Testament does not predict the events surrounding Jesus of Nazareth, but that the New Testament writers interpreted the Jesus-events in hindsight in the light of the Scriptures of Israel. The current study attempts to firstly unfold the meta-narrative of the New Testament in five acts. Against the backdrop of the last of these acts, the case of the crucifixion of Jesus as interpreted by Paul to the early Christians in Galatia receives particular attention. It is argued that Paul’s presentation of the crucifixion in Galatians – as based on Deuteronomy 21:23 – is done retrodictively to portray Yehoshua ben Yoseph as liberator of the law in Asia Minor. This study proposes the coinage of a new term in canonical biblical scholarship, namely the term ‘retrodiction’ – in opposition to the term ‘prediction’. (shrink)

This Note is intended to stand as a short supplement to the compelling article by Stefan Vogenauer entitled, ‘A Retreat from Pepper v Hart? A Reply to Lord Steyn’ published in the Journal at the end of 2005.1 In his article, Professor Vogenauer calls in question the argument advanced by Lord Steyn in his article in the Journal, entitled ‘Pepper v Hart: A Re-examination’.2 In that article, Lord Steyn called for a retreat from the decision of the (...) House of Lords in Pepper v Hart3 concerning the circumstances in which reference may be made to Hansard as an aid to statutory construction and for a reinterpretation of the decision in line with a theory that a Minister speaking in Parliament who gives an explanation of the meaning or effect of a clause in a Bill should be taken to create a binding legitimate expectation that the executive will apply the provision, once enacted, in that sense. In this Note, I express my agreement with Professor Vogenauer’s argument, and seek to support it with some additional points under three heads: (1) the proper interpretation of Pepper v Hart and its status as authority; (2) the basis in principle for adhering to that interpretation; and (3) conceptual difficulties attached to Lord Steyn’s legitimate expectation thesis. (shrink)

The die-hard viewpoint of an influential figure like President M.T. Steyn of the Republic of the Orange Free State led to the lengthening of the Anglo-Boer War by more than a year. The reasons for Steyn leading the Free State into this war, the reasons for his call not to surrender and the effect of the war on the Afrikaner, is discussed in this article. An ethical discussion of factors indicating a bitter end, is also on the cards. (...) There was a strong realisation among the representatives of the Republics of the Free State and the Transvaal in 1902 that this is the end of the war. (shrink)

Ethical attitudes and behaviour are complex. This complexity extends to the influencers operating at different levels both outside and within the organisation, and in different combinations for different individuals. There is hence a growing need to understand the proximal and distal influencers of ethical attitudes, and how these operate in concert at the individual, organisational, and societal levels. Few studies have attempted to combine these main research streams and systematically examine their combined impact. The minority of studies that have taken (...) a combined approach have often done so using conventional statistical and analytical techniques which imply linearity between variables—a situation that rarely exists in business settings and is likely to lead to simplistic or even erroneous conclusions. Applying a fuzzy-set qualitative comparative analysis approach, this paper reports on the mutual and simultaneous influence of individual demographic factors, as well as proximal and distal factors stemming from within and outside the work environment to understand individuals’ ethical views within the workplace. The multiple configurations that emerged reveal the complex nature of influencers of ethical attitudes, and reinforce the view that “one size does not fit all”. We discuss these implications together with managerial recommendations and future research directions. (shrink)

The last two presidents of the Zuid-Afrikaansche Republic and the Republic of the Orange Free State, S.J.P. Kruger and M.T. Steyn, both stood in the tradition of the Christian Afrikaner. Kruger as the symbol of Afrikaner republicanism in the 19th century and Steyn as a younger and more modern Afrikaner, tried to base their policies openly and clearly on Biblical and Christian principles. Kruger as a member and recognised minister of the Reformed Churches in South Africa formulated his (...) views in a typical Dutch neo-Calvinistic way, while Steyn used Reformed concepts combined with his academic background in jurisprudence and the law of nations to foster the same ideas. Kruger and Steyn trusted one another, agreed on core issues and worked together rather well. Each strived to maintain the independence of his republic. (shrink)

The paper builds on the postulate of “myths we live by,” which shape our imaginative life (and hence our social expectations), but which are also open to reflective study and reinvention. It applies this principle, in particular, to the concepts of love and vulnerability. We are accustomed to think of the condition of vulnerability in an objectifying and distancing way, as something that affects the bearers of specific (disadvantaged) social identities. Against this picture, which can serve as a pretext for (...) paternalist and controlling attitudes to the groups in question – notably to women – Anderson urges us to reimagine our vulnerability as a condition not merely of exposure to violence but of openness to mutual affection, love, and friendship. Hegel’s celebrated image of the owl of Minerva, which takes wing only with the coming of dusk, suggests an association of (philosophical) wisdom with negativity – with the experience of death or loss. Anderson, by contrast, proposes an alternative and more hopeful image of the dawn of enlightenment, in the guise of new ethical dispositions shaped by an emancipatory (and so, no longer an oppressive or sexist) conception of our capacity for love. Her main interlocutors or influences in this piece are Judith Butler (who contributes the idea of a “relational ontology”), Michèle Le Doeuff, and Mary Midgley. (shrink)

Most philosophical systems of ethics are based upon the reciprocity principle as expressed by the Golden Rule: “Do unto others as you would have them do unto you!” The same idea underlies Kant's categorical imperative: “Act always on such a maxim as thou canst at the same time will to be a universal law!” Here, the individual act is generalized into, and considered as the specific application of the general law of ethics.

Changing the worldview and cultural paradigm of the modern world with the inherent transformation of value orientations and the search for the life-meaning foundations of being leads to increased interest in the problems of spirituality. After all, spirituality is the most important pillar of human existence and the highest principle that determines the essence of man and his over-welcoming purpose. In the historical memory of the people, in its cultural traditions, spirituality has been sanctified for millennia by a religion that (...) sought to restrain primitive instincts and affirmation at all levels of being a moral person. Religion, as a spiritual phenomenon, is directly connected with man, with his attachment to the high meanings and the semantic fullness of being in general. The search for meaning promotes a person beyond the limits of the actual being given to him and ensures the integrity of the individual, affirmation of the person as an origin and bringing it to the culture and values. (shrink)

Extensively updated to include clinical findings over the last two decades, this third edition of A Practitioner's Guide to Rational-Emotive Behavior Therapy reviews the philosophy, theory, and clinical practice of Rational Emotive Behavior Therapy. This model is based on the work of Albert Ellis, who had an enormous influence on the field of psychotherapy over his 50 years of practice and scholarly writing. Designed for both therapists-in-training and seasoned professionals, this practical treatment manual and guide introduces the basic principles of (...) rational-emotive behavior therapy, explains general therapeutic strategies, and offers many illustrative dialogues between therapist and patient. The volume breaks down each stage of therapy to present the exact procedures and skills therapists need, and numerous case studies illustrate how to use these skills. The authors describe both technical and specific strategic interventions, and they stress taking an integrative approach. The importance of building a therapeutic alliance and the use of cognitive, emotive, evocative, imaginal, and behavioral interventions serves as the unifying theme of the approach. Intervention models are presented for the treatment of anxiety, depression, trauma, anger, personality disorders, and addictions. Psychologists, clinical social workers, mental health counselors, psychotherapists, and students and trainees in these areas will find this book useful in learning to apply rational-emotive behavior therapy in practice. (shrink)