This article deals with an analysis of mediation practice in disputes between public authorities and private parties based on examples of the application of different types of mediation in administrative disputes in France, the United Kingdom and Belgium . The application of mediation in countries under consideration is investigated through the evaluation of legal acts related to the subject and through the assessment of available official data provided by relative institutions. The historical development of the application of (...) mediation and the significance of the application of mediation in the administrative sphere in Lithuania are considered as well. (shrink)

Administrative justice receives varying emphasis in different jurisdictions. This article explores empirical legal studies, which fall on either side of the decision making-and-review dividing line. It then seeks to link research on the impact of dispute resolution and on-going administrative practices. The article also highlights limitations in existing impact research, focusing on the tendency to examine single dispute resolution mechanisms in isolation from others. Furthermore it suggests some future directions for empirical administrative justice research. It also explores (...) the potential of legal consciousness research for empirical administrative justice scholarship, and suggests new territories for administrative justice researchers: criminal justice processes and administrative activities of private agencies. It concludes by presenting an argument that a mapping of administrative justice institutions, both historically and cross-jurisdictionally, can reveal much about how relationships between citizens and administrative agencies may shift across time and space. (shrink)

In this article the influence of scientific attitudes of Prof. Mykolas Romeris upon modern administrative justice of Lithuania is investigated by historic and comparative aspects. In the first part of article the Professor’s ideas, stated in the fundamental monograph “Administrative Court”, published in Kaunas, in 1928, about the foundation of the Administrative court are reviewed. Here are also pointed out Prof. M. Romeris’ principal,alternative and critical notes concerning the draft of the Law of Administrative Court, made (...) by the Seimas (Parliament) Committee on April 1940. As due to historical circumstances of that time the Law was not passed, in the second part of this article the author proposes the analysis of which ideas of Prof. M. Romeris and to what ambit they were reflected in the Republic of Lithuania Law on the Proceedings of Administrative Cases enacted in 1999, and improved in 2000. The conclusion is made that in this case almost all principle attitudes of Prof. M. Romeris on the organizing the Administrative court and its competence were realized in this Law. It is also stated that the Law mentioned also embedded some other norms, e.g. the possibility to settle a dispute in a pretrial way in Administrative Disputes Commissions. (shrink)

The process of territorial planning is complicated, because there are different and even opposite interest of persons related with particular territory. Administrative legal regulation of territorial planning in Lithuania underlies emergence of a legal conflict, namely the administrative litigation. Investigation of the administrative dispute applying the pre-litigation procedure allows the parties thereof to save both money and time. This article presents the problematic aspects of the pre-trial investigation of the administrative disputes arising in the area (...) of territorial planning. The article is composed of an introduction, three parts and conclusions. In the first part the characteristics of the disputes arising in the area of territorial planning, the preconditions of origin, and the demand for the pre-trial investigation thereof are analyzed. Legal regulation of pre-trial investigation out-of-court of the disputes arising in the area of territorial planning is revealed in the second part. In the third part key provisions of the reform of the pre-trial investigation out-of-court of the disputes arising in the area of territorial planning are discussed. (shrink)

The last decade or so has seen an explosion of scholarship by American law professors on what has become known as administrative constitutionalism. Administrative constitutionalism is a catchphrase for the role of administrative agencies in influencing, creating, and establishing constitutional rules and norms, and governing based on those rules and norms. Though courts traditionally get far more attention in the scholarly literature and the popular imagination, administrative constitutionalism scholars show that administrative agencies have been extremely (...) important participants in American constitutional development. Section I of this essay identifies three different versions of administrative constitutionalism—(1) Engagement with Existing Constitutional Doctrine; (2) Resolving Questions of Statutory Meaning that Implicate Constitutional Questions; and (3) Shadow Administrative Constitutionalism—and provides examples from the scholarly literature to illustrate these distinct manifestations of administrative constitutionalism. Section II of this essay discusses the normative turn in administrative constitutionalism scholarship. Much of this normative literature is implicitly or explicitly premised on the notion that agencies are more likely to pursue progressive goals than are other government actors. Section III of this essay disputes the notion that agency constitutional decision-making is “democratic” and that agencies are naturally inclined to serve progressive goals. Finally, Section IV of this essay notes that scholars who support broad agency autonomy to work out and enforce their own constitutional visions have failed to consider how their work fits in with the economic and political science literature on agency behavior. One can predict, based on that literature, that agencies given broad autonomy under the guise of administrative constitutionalism will primarily be inclined to expand their scope and authority at the expense of countervailing considerations. (shrink)

Administrative justice receives varying emphasis in different jurisdictions. This article explores empirical legal studies, which fall on either side of the decision making-and-review dividing line. It then seeks to link research on the impact of dispute resolution and on-going administrative practices. The article also highlights limitations in existing impact research, focusing on the tendency to examine single dispute resolution mechanisms in isolation from others. Furthermore it suggests some future directions for empirical administrative justice research. It also explores (...) the potential of legal consciousness research for empirical administrative justice scholarship, and suggests new territories for administrative justice researchers: criminal justice processes and administrative activities of private agencies. It concludes by presenting an argument that a mapping of administrative justice institutions, both historically and cross-jurisdictionally, can reveal much about how relationships between citizens and administrative agencies may shift across time and space. (shrink)

Alternative dispute resolution occurs outside the litigation process. The alternative dispute resolution (ADR) movement in North America has emphasized viable alternatives to the litigation framework, such as arbitration, mediation, med-arb, multi-party facilitation, non-legal negotiation, mini-trials, administrative hearings, private judging (“renta-judge”), fact finding, and moderated settlement conferences. This essay addresses argument in the dominant alternatives: arbitration, mediation, and multi-party facilitation. Prior to comparing argument in these ADR systems, each will be briefly described.

Land is a constitutional issue in Ethiopia. Article 40 of the FDRE constitution enshrines governing provisions about rural and urban land. Legislation power is given to the federal government (Article 51(5) of the constitution) although this power can be delegated to regions (Article 50(9) of the same constitution). In contrast, administration power is allocated to regions (Article 52 (2(d)) of the constitution). The federal government has enacted the Rural Land Administration and Use Proclamation 456/2005. Both federal and regional land laws (...) have Alternative Dispute Resolution clauses. However, the opportunities and challenges of these clauses from the access to justice perspective are not studied very well. The main objective of this paper is to assess the legal framework and practice of ADR mechanisms in the rural land administration system from the access to justice perspective and come up with a policy option. Doctrinal type of legal research is applied where it involves theory testing which deals with studying existing laws (both federal and regional laws). In addition, both primary and secondary sources have been used. Primary qualitative data was collected through semi-structured interviews. The study found that there are legal constraints. One significant legal constraint is the requirement for mandatory mediation in certain regional states before seeking recourse in a court of law. Mediation is not clearly and uniformly applied per the law and in practice (often the practice and legal framework confuse mediation with arbitration, inappropriately giving decision-making powers to mediators, and turning them into arbiters). Women and Vulnerable Groups are generally more negatively affected by the overreaching of mediators into decision-making, because the mediators are more easily influenced by the party opposing women and Vulnerable Groups, and/or the mediators are culturally biased. This study recommends that mediation should be made optional, where mediators are chosen by the parties and the legal framework is clear that the role of the mediators does not involve imposing decisions. For Oromia and SNNPR, the legal regime of mediation should be clarified to avoid confusion with the arbitration. It is necessary to train community-level mediators in the law and the protection of land rights of Vulnerable Groups against gender discrimination. (shrink)

The Texas Advance Directives Act stipulates the process by which physicians may withhold or withdraw life-sustaining treatment contrary to the wishes of the patient or medical proxy. Hundreds, perhaps thousands of families and clinicians have faced this personal and distressing dispute. Catholic teaching offers a rich tradition for assessing the ethics of life-sustaining treatment and analyzing disputes over its administration, yielding the conclusion that a Catholic defense of the Texas Advance Directives Act is untenable. Two objections rooted in patient (...) harm and physician conscience fail. A solution that fairly respects the patient’s moral right to choose life-sustaining treatment is offered. (shrink)

Physician–patient disputes are a major problem in healthcare. Physician–patient conflicts, workplace violence, and direct involvement in disputes have a significant negative impact on the well-being of physicians. China and Japan have similar cultures but differing healthcare systems. The present study aimed to examine and compare the experiences and perceptions of Chinese and Japanese physicians regarding medical disputes. Qualitative descriptive content analysis was performed for 18 cases from each country to assess the major issues involved in each case (...) and their impact on the physicians. Common issues in medical disputes for both countries included monetary motives of patients and/or families, violence/threats from patients and/or families, the inability of patients and/or families to understand the risk of complications, and the uncertainties of medicine. The serious impact of medical disputes on the mental health and professionalism of physicians was also an issue shared by physicians of both countries. There were, however, differences in the magnitude and frequency of these issues between the two countries. Pre-existing distrust of physicians among patients and/or families was noted only by Chinese physicians, and insufficient information disclosure by physicians was noted only by Japanese physicians. In conclusion, there were similarities and differences between the two countries in the perceptions of physicians regarding medical disputes. Our analysis revealed differing healthcare situations due to cultural and institutional differences as well as universal problems intrinsic to medicine. Based on our results, we propose several key principles to improve the physician–patient relationship. (shrink)

This article offers a case study of labor relations in a higher education setting. The University of Bridgeport's faculty union was certified in May 1973 and decertified in August 1992. Contract negotiation disputes centered on shared governance, managing faculty reductions during a time of inflation and declining enrollments, and determining fair wages. The private university experienced four faculty strikes, culminating in a two-year faculty strike – the longest in U.S. higher education history. The university was also the first institution (...) of higher education in the United States to hire permanent replacement faculty during a strike. In 1990, leaders of the locked-out striking faculty unsuccessfully lobbied for a state government takeover of the nearly bankrupt university. The case study highlights a plethora of complex ethical issues faced by administrators, faculty, and unions during times of economic decline. (shrink)

The Italian-born Lanfranc of Pavia and his more illustrious pupil and compatriot Anselm of Bec have long been considered pivotal figures in the theological and especially philosophical developments of the late eleventh century. Long ago dubbed the “father of Scholasticism” on account of his attempts to harmonize reason and faith, Anselm has occasioned increasing scrutiny in recent years as scholars have begun to target the cultural and pedagogical role of Anselm and his milieu in the early stages of the twelfth-century (...) renaissance. In a particularly stimulating interdisciplinary exploration of the cognitive relation between builders and their craft and masters and theirs, Charles M. Radding and William W. Clark have advanced an intriguing model suggesting that theologians and Romanesque builders of the eleventh and twelfth centuries were part of a larger transformative development in which thinkers and artisans developed new methods for solving new problems; these new methods, in turn, transformed practitioners of a craft into members of new and distinct disciplines. The verdict is still out on the precise nature of those important developments, but especially vexing is the question of the abbey of Bec's importance and influence under Lanfranc and Anselm during these changing times. As a leading scholar of Anselm has recently put it, “The character of the school of Bec emerges as a riddle to be solved. What was its focus, what did its teachers teach, and how long did it last?” Recent studies have modified Richard Southern's portrayal of the curriculum of Anselm's school at Bec as largely devoted to monastic ideals and demonstrated that history and law were also studied, that a good number of students went on to become able administrators, and that Anselm may have unwittingly contributed to the rise of courtly love. Much of the fog surrounding the authorial publication and dissemination of Anselm's writings has recently been cleared by Richard Sharpe's meticulous analysis in “Anselm as Author,” revealing a careful and more deliberate editorial planning on Anselm's part than previously recognized. However, even amidst the gathering attention directed toward these figures and their cultural context, it is the most basic and obvious feature of Lanfranc's and Anselm's written record that has been the most undeservedly neglected: their use of dialogue and its correlation to the early development of Scholastic disputation. To be sure, the revival of dialectic in the eleventh century and especially in the twelfth has long been known and rather well charted, particularly with regard to the growth of theology as an academic discipline. What follows is a somewhat more focused line of inquiry. Looking beyond the well-trodden ground of Anselm's philosophy and theology and instead examining his pedagogical innovations, this essay explores Anselm's contribution to the development of literary dialogue and to the origins of the Scholastic disputatio, both valuable tools indeed in his philosophical and theological endeavors. Anselm's influence as a prolific author of dialogues can especially be observed in a younger generation of writers and thinkers who studied with him or directly sought to imitate his style and whose oeuvres need also to be considered. By examining the circle of Lanfranc and Anselm, the methods embodied by their teachings, and the writings they produced, this essay aims to show that the Scholastic dialectical methods, later so prominent in medieval universities, have their origins within the general milieu of monastic learning. More specifically, these methods will be shown to have their origins in Lanfranc's and Anselm's engagement with dialogue and disputation at the school of Bec. (shrink)

In the context of technological advances, the concept of digital justice is emerging, an extra-judicial sphere that uses technologies such as artificial intelligence to address controversial situations through physical assistants or even robots, if the litigant so wishes. Thus, while AI is effective in resolving simple disputes without human intervention, even UNESCO warns against its exclusivity in more complicated cases. From this perspective, through a qualitative approach and literature review, this research focused on examining the benefits and limitations of (...) AI in the administration of justice. The review of the academic literature reveals that this technology facilitates the functions performed by judges and lawyers in controversial situations. The studies, however, point to the importance of using human intelligence in law making and more general judicial processes. In conclusion, AI improves the efficiency of the administration of justice; however, its place in judicial operations and process should only be complementary to the use of human intervention. This action maintains fairness and considers the ethical point at stake, reaffirms the existence of some irreplaceable human capabilities in the judicial process. (shrink)

For any type of institutionalized dispute resolution, legitimacy is a crucial characteristic, as legitimate dispute resolution promotes, for instance, general trust in state institutions and participation in economic activity. A lack of legitimacy will prevent the acceptance of dispute resolution, and thereby its use. Although many textbook definitions limit the meaning of legitimacy to legality, in its every-day use legitimacy is in fact a much broader concept. It encompasses different criteria relating to the nature of dispute resolution: is a form (...) of dispute resolution properly embedded in a reliable institutional environment?, and: are its outcomes properly underpinned? Virtualization concerns the ways in which information and communication technologies affect administration, communication, accessibility and assessment. As an example of virtualization in dispute resolution, a scenario about on-line feedback is scrutinized. This scenario comprises the implementation of a feedback system to enable participants in an instance of dispute resolution to comment on various aspects of the dispute resolving process. (shrink)

This article focuses on land rights, land law, and land administration within a multilayered colonial setting by examining a major land dispute in British-ruled Palestine. Our research reveals that the Mandate legal system extinguished indigenous rights to much land in the Zor al-Zarqa and Barrat Qisarya regions through its use of "colonial law"--the interpretation of Ottoman law by colonial officials, the use of foreign legal concepts, and the transformation of Ottoman law through supplementary legislation. However, the colonial legal system was (...) also the site of local resistance by some Palestinian Arabs attempting to remain on their land in the face of the pressure of the Mandate authorities and Jewish colonization officials. This article sheds light on the dynamics of the Mandate legal system and colonial law in the realm of land tenure relations. It also suggests that the joint efforts of Mandate and Jewish colonization officials to appropriate land and undertake "development" operations in the area were fueled by neither the interests of colonial rule nor those of Jewish colonization alone, but, rather, by the integrated impact of both forces. (shrink)

In a recent line of cases, senior judges in the UK have been called upon to adjudicate in complaints over the failure of health and local authorities to meet the welfare needs of citizens. Local authorities claimed that the disputes had been precipitated by a lack of resources allocated by central government to meet local demand. This article examines the role of the courts in resolving a fundamental tension between central government policy of financial cost-cutting on the one hand (...) and welfarist principles embodied in legislation for the delivery of public services on the other. Questions are raised about the relevance and appropriateness of rights-based adjudication in welfare needs contexts and about the reluctance of courts to intervene in the resolution of resource allocation disputes even where fundamental rights, particularly in areas such as health, community care, and education where notions of rights are inextricably bound up with use of financial resources. These key cases have arisen prior to the implementation of the Human Rights Act 1998. Where relevant, the likely impact of the Act on welfare needs disputes is considered. (shrink)

Šiame straipsnyje nagrinėjamos teorinės bei praktinės mediacijos taikymo prielaidos sprendžiant administracinius ginčus Lietuvoje. Remiantis mokslininkų darbais, teisės aktuose įtvirtintomis nuostatomis, administracinių teismų praktika vertinama, ar Lietuvoje galėtų būti taikoma mediacija, sprendžiant administracinius ginčus, ar šiuo metu egzistuojančiame teisiniame reguliavime galima pastebėti taikaus administracinių ginčų sprendimo galimybes. Straipsnyje pirmiausia akcentuojama galimybė kilusį administracinį ginčą išspręsti taikiai taikant mediaciją, t. y. suderinant skirtingus, konkuruojančius interesus, todėl būtent taikaus administracinių ginčų išsprendimo prielaidų ir buvo ieškoma analizuojant mokslininkų darbus, teisės aktus bei teismų praktiką. (...) Šiame darbe remiantis atliktu tyrimu vertinama, kokie administraciniai ginčai ir tarp kokių subjektų galėtų būti sprendžiami taikant mediaciją. (shrink)

The border is an area where the rule of law has often found difficulty taking root, existing as law-free zones characterized by largely unbounded legal and administrative discretion. In his important new book, The Rule of Law in the Real World, Paul Gowder deftly combines historical examples, formal models, legal analysis, and philosophical theory to provide a novel and compelling account of the rule of law. In this paper I consider whether the account Gowder offers can provide the tools (...) needed to bring the border under the rule of law. I argue that on Gowder’s account, there are two ways in which we might try to extend the rule of law to the border.The first is to look at concrete connections that current citizens or members of the political community have with non-citizens. Just as the interests of current citizens give them strong reasons to coordinate to establish the rule of law in their own community, so may the interests of current members in connections with nonmembers give them reason to work to extend the rule of law to the border. These interests can include family ties, other forms of personal relationships, offers of employment, intellectual connections, and others. Some of these connections already serve to give greater legal protections, including protections from arbitrary decision-making, to some non-citizens, and the general trend, I argue, can and should be further strengthened The second method for extending the rule of law to the border involves appealing to certain universal norms so as to build a sense of community that stretches beyond borders. While these norms are not as robust or well established as domestic law, and therefore are unlikely to extend all of the protections of the rule of law to all people at the border, they can, I argues, be a basis for working against the worst arbitrary actions by border officials. I conclude by considering the vexed dispute about providing “amnesty” for unauthorized immigrants in the United States and other countries. I argues that Gowder’s account of the amnesty provided to supporters of the oligarchic coups in ancient Athens provides a model for thinking about when and how amnesties for unauthorized migrants can be done without offending the rule of law, thereby making them more palatable to current citizens. (Please download this paper for free from SSRN on the link provided on this page). (shrink)

Relying on the systematic, logical, and analytical methods, national legislation and some internationally accepted guidelines, as well as on the research conducted by the Lithuanian scientists and law practitioners, this article consistently and comprehensively deals with the problems arising in the areas of interpretation and application of tax law. The article examines the relevant tax concepts, studies the tax law system, deals with the relevant issues arising in the field of application of legal regulations on taxation, and provides a particularly (...) detailed analysis of court jurisprudence within the context of the relationship between tax and law. On the basis of the analysis conducted, it was established that the basis for the Lithuanian tax law system consists of the Constitution of the Republic of Lithuania; the Law on Tax Administration; tax laws that lay down specific taxes and of by-laws adopted on their basis; national legal regulations that contain a consideration attribute and set mandatory payments to the State budget; the Law on Customs; ratified international agreements; the European Union legal regulations to the extent they are related to the duties, import excise duty, and value added tax; and the European Union directives in respect of direct and indirect taxes and the extent to which they are related to tax administration. When relationships in public law are directly regulated by the relevant public law regulations, it is not private law regulations, but the corresponding public law regulations that must be applied. In order to determine the need for tax authorities to rely on the regulations of the Civil Code, it is necessary to state the necessity to assess legal relationships from the point of view of private law or to identify a gap in legal regulation of public law due to which the norms of the Civil Code are subsidiary. Prior to establishing the tax base, the tax authority does not have to rebut transactions in civil procedure. The taxpayer’s obligation to fulfil tax liabilities that are properly prescribed by tax laws is not called into question by unlawful acts of other persons which constitute grounds for their civil (non-contractual) liability for the damages caused. The factual circumstances of tax relations established in the court cases heard in criminal and/or administrative procedures, do not need to be proved again – they are relied on in the course of tax inspections or when hearing tax disputes. The principle of equality of taxpayers requires tax administrators to give equal treatment to the facts with respect to all participants regarding the same tax relationship and obliges taxpayers to pay taxes honestly, because non-payment of taxes is a breach of public interest and therefore of this principle. In accordance with the principle of general applicability and equality, each taxpayer has an obligation to pay taxes as prescribed in tax legislation observing the calculation and payment procedures stipulated in the tax legal regulations, whereas the amount payable as established by the tax administrator shall be regarded as well-founded to the extent that it does not exceed the criterion of equality and reasonableness. The principle of clarity of taxation requires the tax administrator to adopt clear and comprehensive decisions with respect to the taxpayer and therefore to ensure their rights and legitimate interests. In the calculation of tax by applying the principle of primacy of content over form, it is necessary to establish that a transaction, an economic deal or indeed any group thereof has been concluded for the purpose of obtaining tax benefits. (shrink)

Le différend commercial sur les OGM dans le cadre de l’OMC a mobilisé une expertise scientifique de façon quelque peu inédite. Dès le départ, le Groupe spécial a situé le différend dans le cadre de l’Accord sur l’application des mesures sanitaires et phytosanitaires de l’OMC grâce à une nouvelle ontologie juridique. Ce groupe a mis en scène l’expertise scientifique en suivant des approches spécifiques définissant de quelle manière les experts seraient interrogés, les réponses qu’ils donneraient, leur rôle spécifique dans le (...) domaine juridique et la façon dont leurs déclarations viendraient compléter ses conclusions. De plus, le Groupe spécial a procédé à un tournant procédural en présentant ses conclusions sous forme d’un jugement purement juridico-administratif tout en gardant implicites ses propres jugements sur les questions de fond liées aux risques.The high-profile WTO trade dispute on GMOs brought in scientific expertise in somewhat novel ways. From the outset, the Panel placed the dispute under the WTO Sanitary and Phytosanitary Agreement by drawing on a new legal ontology. The Panel brought scientific expertise into play in specific ways that defined how experts were questioned, the answers they would give, their specific role in the legal arena, and the way their statements would complement the Panel’s findings. Furthermore, the Panel created a procedural turning point in WTO jurisprudence by representing its findings as a purely legal and administrative assessment of whether the EC’s regulatory procedures violated the SPS Agreement, with its own assessments on substantive risk issues remaining implicit. (shrink)

Tenure debates and disputes are often irresolvable because of the complex and multivariate nature of contractual relationships between faculty and administration, and the nuanced and varying beliefs about tenure held by the professoriate. The Ceci et al. study leads this commentator to suggest a simple solution – allow individual institutions to define the parameters of tenure according to their unique core values. (Published Online February 8 2007).

For the last forty years, two claims have been at the core of disputes about scientific change: that scientists reason rationally and that science is progressive. For most of this time discussions were polarized between philosophers, who defended traditional Enlightenment ideas about rationality and progress, and sociologists, who espoused relativism and constructivism. Recently, creative new ideas going beyond the polarized positions have come from the history of science, feminist criticism of science, psychology of science, and anthropology of science. Addressing (...) the traditional arguments as well as building on these new ideas, Miriam Solomon constructs a new epistemology of science. After discussions of the nature of empirical success and its relation to truth, Solomon offers a new, social account of scientific rationality. She shows that the pursuit of empirical success and truth can be consistent with both dissent and consensus, and that the distinction between dissent and consensus is of little epistemic significance. In building this social epistemology of science, she shows that scientific communities are not merely the locus of distributed expert knowledge and a resource for criticism but also the site of distributed decision making. Throughout, she illustrates her ideas with case studies from late-nineteenth- and twentieth-century physical and life sciences. Replacing the traditional focus on methods and heuristics to be applied by individual scientists, Solomon emphasizes science funding, administration, and policy. One of her goals is to have a positive influence on scientific decision making through practical social recommendations. (shrink)

The Parish of the Assumption of the Blessed Virgin Mary in Oświęcim can boast a long and rich history. Although the exact date of its establishment is unknown, it can be assumed that its beginnings and the first parish church date back to the turn of the 12th century. The first written mention of the church dates back to 1304. The next source to mention the Oświęcim church was a papal tithe register from 1326. The town had already played an (...) important role as an administrative center: the capital of the Duchy of Oświęcim and the deanery of the Krakow Diocese. The parish included almost thirty villages, apart from the town and the castle. Among the many important events in the history of one of the oldest pastoral centers in the area, a dispute over the right of patronage and gifts to the provost office in Oświęcim occupies an important place. The conflict flared up in 1533 after the death of the provost Jan Rajski. In the literature to date, this problem has not received a separate study. It is worth looking into, especially since there are unique sources containing data on its genesis, course and further consequences. The purpose of this paper is to present this dispute, as well as to signal the legal repercussions of the law of patronage until the first half of the 20th century. Source materials provide the basis for the analyses contained. The resources used were mainly the archives of the Metropolitan Curia in Krakow, including the records of the administrators of the diocese of Krakow, the consistory in Krakow, the court chancery, the visitation protocols from 1598, and the parish records of the Assumption of the Blessed Virgin Mary in Oświęcim. Manuscript No. 5935, held at the Jagiellonian Library in Krakow, also provided first-rate information. Manuscript documents were supplemented with data from printed sources and the literature. (shrink)

Arbitration and insolvency proceedings are legal instruments governed by different objectives and different legal principles. While in arbitration the autonomy of the parties plays a major role, all insolvency proceedings are collective proceedings where autonomy of the parties is strictly limited, the majority of issues are regulated by binding legal provisions and strong controlling powers are vested into insolvency court. Therefore, in this article the authors analyse the issues of compatibility between insolvency proceedings and arbitration. The Lithuanian legal framework which (...) was in force until 30 June 2012 was ambiguous. According to the wording of Article 11 of the previous Law on Commercial Arbitration, disputes connected with bankruptcy shall not be submitted to arbitration. It was not entirely clear whether this provision was restricted to ‘core’ insolvency issues such as opening and conduct of the proceedings, appointment of the office holder, administration of the estate, liquidation etc. or it also included all other questions related with insolvency. The jurisprudence of the Lithuanian courts gave a broad meaning to the restriction expressed in the Law on Commercial Arbitration. Accordingly, such questions as verification of claims and disputes with the creditors were also excluded from arbitration after announcement of bankruptcy of the debtor. The authors argue that distinction should be drawn between cases in which an insolvent enterprise is a claimant and where it is a defendant. It is also important to draw a line between arbitration agreements entered into before announcement of bankruptcy and arbitration agreements concluded by the bankruptcy trustee with the consent of the majority of creditors. In this article, the new Law on Commercial Arbitration which has entered into force on 30 June 2012 is analysed and according to which an insolvent enterprise remains bound by arbitration agreement in both cases where it is a claimant and where it is a defendant. Several contentious issues of the new law are identified and analysed in the article, such as the position of other creditors in the proceedings, relation between arbitration and restructuring procedure, enforceability of arbitration agreement in cases where an insolvent enterprise lacks funding to pay arbitration costs etc. (shrink)

This study focuses on the practice of punishment, as it is inflicted by the state. The author's first-hand experience with penal reform, combined with philosophical reflection, has led him to develop a theory of punishment that identifies the principles of sentencing and corrections on which modern correctional systems should be built. This new theory of punishment is built on the view that the central function of the law is to reduce the need to use force in the resolution of (...) class='Hi'>disputes. Professor Cragg argues that the proper role of sentencing and sentence administration is to sustain public confidence in the capacity of the law to fulfil that function. Sentencing and corrections should therefore be guided by principles of restorative justice. He points out that, although punishment may be an inevitable concomitant of law enforcement in general and sentencing in particular, inflicting punishment is not a legitimate objective of criminal justice. The strength and appeal of this account is that it moves well beyond the boundaries of conventional discussions. It examines punishment within the framework of policing and adjudication, analyses the relationship between punishment and sentencing, and provides a basis for evaluating correctional practices and such developments as electronic monitoring. (shrink)

When national borders in the modern sense first began to be established in early modern Europe, non-contiguous and perforated nations were a commonplace. According to the conception of the shapes of nations that is currently preferred, however, nations must conform to the topological model of circularity; their borders must guarantee contiguity and simple connectedness, and such borders must as far as possible conform to existing topographical features on the ground. The striving to conform to this model can be seen at (...) work today in Quebec and in Ireland, it underpins much of the rhetoric of the P.L.O., and was certainly to some degree involved as a motivating factor in much of the ethnic cleansing which took place in Bosnia in recent times. The question to be addressed in what follows is: to what extent could inter-group disputes be more peacefully resolved, and ethnic cleansing avoided, if political leaders, diplomats and others involved in the resolution of such disputes could be brought to accept weaker geometrical constraints on the shapes of nations? A number of associated questions then present themselves: What sorts of administrative and logistical problems have been encountered by existing non contiguous nations and by perforated nations, and by other nations deviating in different ways from the received geometrical ideal? To what degree is the desire for continuity and simple connectedness a rational desire, and to what degree does it rest on species of political rhetoric which might be countered by, for example, philosophical argument? These and a series of related questions will form the subject- matter of the present essay. (shrink)

Recently, the discussion regarding the physicians’ “Right of Conscience” has been on the rise. This issue is often confined to the “reproductive health” arena within the political context. The recent dispute of the Bush-Obama administrations regarding the legal protections of health workers who refuse to provide care that violates their personal beliefs is an example of the political aspects of this dispute. The involvement of the political system automatically shifts the discussion regarding physicians’ ROC into the narrow area of “reproductive (...) health laws.” Indeed, the immediate association that comes to mind when thinking about the practical implications of this dispute is related to the reproductive health arena. This is partly because of the historical context of the first “conscience clauses,” initially enacted by Congress and state legislatures in the mid-1970s; in fact, most of these clauses provided specific exemptions for abortion and few exempted sterilization as well. (shrink)

The recent Minnesota case of In re Emergency Guardianship of Albert Barnes illustrates an emerging class of cases where a dispute between a family proxy and a hospital over “medical futility” requires legal resolution. The case was further complicated by the patient’s spouse who fraudulently claimed to be the patient’s designated health care proxy and who misrepresented the patient’s previously expressed treatment preferences. Barnes demonstrates the degree of significant administrative and institutional support to the health care team, ethics consultants, (...) and futility committees that is required when a futility dispute escalates to the need for judicial resolution. An institutional futility policy, especially one that is endorsed by other regional medical centers and organizations, is an important foundation for a hospital that seeks judicial support in a dispute over medical futility in end of life care. (shrink)

This paper examines the neo-colonial project of Narendra Modi implemented in Kashmir after the revocation of special status on August 5, 2019. The neo-colonial infrastructure supported by the threads of re-classification of legal residents and land designations intends to significantly transform the demography of Muslim majority Kashmir into a Muslim minority, consequently destroying the Muslim identity of the state. The abrogation of Article 370 and enactment of new domicile law has extended the legal and administrative control of New Delhi, (...) making Kashmir indistinguishable from the Indian legal system and leaving no room for the local legislative assembly to make laws beneficial for the state residents. The paper asks how India is implementing the neo-colonial settler agenda in Kashmir. How and to what extent legal and military instruments are employed to disempower Kashmiris from territorial and cultural identity? The paper argues that Prime Minister Narendra Modi is pursuing a neo-colonial settler agenda in Kashmir through ‘destroy and replace,’ which is supported by the neo-liberal agenda, including; new land management policy, new domicile law, spatial planning and development, new settlements of Hindus, authoritative central control, and massive militarization to carry out gross human rights abuses and repression. (shrink)

The increasing costs of healthcare delivery led to different political and administrative approaches trying to preserve the core values of the welfare state. This approach has well documented weaknesses namely with regard to healthcare rationing. The objective of this paper is to evaluate if independent healthcare regulation is an important tool with regard to the construction of fair processes for setting limits to healthcare. Methodologically the authors depart from Norman Daniels’ and James Sabin’s theory of accountability for reasonableness and (...) try to determine if new regulatory models—namely independent agencies—perform better with regard to the public disclosure of the reasons and rationales of healthcare rationing. In publicly financed healthcare systems independent regulation is an important tool to assure fair and reasonable procedures of prioritising services. In accordance with the principle of public accountability, independent regulatory agencies are particularly well suited to assure publicity of the decision-making processes, relevance of the rationale involved and particularly mechanisms for challenge and dispute resolution regarding limit setting decisions. It follows that independent healthcare regulation could be regarded not only as an instrument for performance improvement but also as a tool of social justice. The authors conclude by stating that accountability for reasonableness should be regarded as a landmark of any healthcare reform. And therefore regulators have the social task of assuring that the rationales for limit-setting decisions are clearly accessible to the public. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The early history of Scotism has been extensively explored in books and articles and is a topic frequently recounted in histories of medieval scholastic thought. Although Scotus read the Sentences at Oxford and possibly Cambridge before being appointed to read the Sentences at Paris, it was at Paris that Scotism is said to have developed out of the teaching of Scotus who, except for an interruption of almost a (...) year, taught from 1302 to 1307, first as a bachelor of the Sentences and then as regent master in the faculty of theology.2 During his Parisian teaching career many students are said to have studied under him, among them Henry of Harclay, William of Alnwick, Aufredus Gonteri, “his most favorite student” John of Bassolis, “his most faithful disciple” Antonio Andreae, and Hugh of Novocastro, whose commentary on the Sentences is considered a major work of early Scotism. These students, most of whom became bachelors and masters, carried Scotus’s thought back to England, to Spain and Italy, and to other parts of France.While much of that picture is valid in its general outline, there are a number of problems with it, some because of misunderstandings about how mendicant education was structured in this period, and some because of unwarranted conclusions relating to individual biographies. In the following essay both these issues will be addressed, resulting in a different and, I hope, more nuanced picture of the emergence of early Scotism.I. Structural Considerations: Scotus in the Context of the Franciscan Educational SystemOne misconception common in the literature is that friars sent to Paris for study were enrolled as students in the faculty of theology and, if sufficiently capable, advanced in a continuous manner to become bachelors and later masters of theology. Such was not the case. By the opening years of the fourteenth century each of the mendicant convents in Paris had two distinct groups of friars simultaneously resident at the convent for educational purposes. One group, most of them probably in their twenties, was sent there for study in the lectorate program to prepare them to be lectors in the convents and studia of their home province. In the case of the Franciscans, each province could send two or three friars to Paris for advanced training in theology. These friars stayed usually for three years, were taught within the convent, and were not part of the university community or its faculties. They might number as many as a 100 depending on the period. The other group was more advanced and numbered less than ten. These were the friars designated by the order to read the Sentences at Paris, to participate as formed bachelors in the disputations and academic exercises of the faculty of theology, and if possible to be licensed and incept as doctors of theology.3Those chosen to return to Paris to read the Sentences, receive the license, and incept as a doctor of theology were in their thirties or older, and in most cases had a period of teaching and administrative duties behind them when they returned to Paris. Many, as was the case with Peter Auriol in the next decade, had already read the Sentences at a studium of the order or, as in the case of Scotus, at another studium generale before being sent to Paris to read for a second or a third time. And for those who did incept in theology, their regency lasted no more than a year or two.There are several implications that emerge from recognizing these two separate tracks or educational programs at the Franciscan convent of Cordeliers in Paris. One is that those chosen by the order to be bachelors at Paris and be presented for licensing and inception would most likely have been resident at the Paris convent at an earlier stage of their.. (shrink)

Is Leo Strauss truly an intellectual forebear of neoconservatism and a powerful force in shaping Bush administration foreign policy? _The Truth about Leo Strauss_ puts this question to rest, revealing for the first time how the popular media came to perpetuate an oversimplified view of a complex and wide-ranging philosopher. In doing so, it corrects our perception of Strauss, providing the best general introduction available to the political thought of this misunderstood figure. Catherine and Michael Zuckert—both former students of Strauss—guide (...) readers here to a nuanced understanding of how Strauss’s political thought fits into his broader philosophy. Challenging the ideas that Strauss was an inflexible conservative who followed in the footsteps of Nietzsche, Heidegger, and Carl Schmitt, the Zuckerts contend that Strauss’s signature idea was the need for a return to the ancients. Through their work, they conclude that Strauss was a sober defender of liberal democracy, aware of both its strengths and its weaknesses. Balanced and accessible, _The Truth about Leo Strauss_ is a must-read for anyone who wants to more fully comprehend this enigmatic philosopher and his much-disputed legacy. “_The Truth about Leo Strauss_ is the most balanced and insightful book yet written about Strauss’s thought, students, and political influence. It dispels myths promulgated by both friends and foes and persuasively traces the conflicting paths that American thinkers indebted to Strauss have taken.”—William Galston, Brookings Institution. (shrink)

As products of the "new biotechnology," genetically modified organisms have provoked a wide-ranging risk debate on potential harm, especially from herbicide-tolerant crops. In response to this legitimacy problem, the European Community adopted precautionary legislation, which left open the definition of environmental harm. When the U.K. proposed Europe-wide market approval of a herbicide-tolerant oilseed rape, the proposal encountered dissent from some countries and environmentalist groups. Further debate on normative judgments became necessary to implement the precaution ary legislation. In dispute were several (...) regulatory boundaries—of administrative re sponsibility, causality, acceptability, and evidence. The boundary disputes expressed divergentframings of biotechnological risk, each with its implicit model of the socionatu ral order. In this way, the disputes can illuminate the sorts of risk framings that have already become embedded and standardized in other regulatory sectors. (shrink)

In their article, ‘Responsibility, Second Opinions, and Peer-Disagreement—Ethical and Epistemological Challenges of Using AI in Clinical Diagnostic Contexts,’ Kempt and Nagel argue for a ‘rule of disagreement’ for the integration of diagnostic AI in healthcare contexts. The type of AI in question is a ‘decision support system’, the purpose of which is to augment human judgement and decision-making in the clinical context by automating or supplementing parts of the cognitive labor. Under the authors’ proposal, artificial decision support systems which produce (...) automated diagnoses should serve chiefly as confirmatory tools; so long as the physician and AI agree, the matter is settled, and the physician’s initial judgement is considered epistemically justified. If, however, the AI-DSS and physician disagree, then a second physician’s opinion is called on to resolve the dispute. While the cognitive labour of the decision is shared between the physicians and AI, the final decision remains at the discretion of the first physician, and with it the moral and legal culpability. The putative benefits of this approach are twofold: healthcare administration can improve diagnostic performance by introducing AI-DSS without the unintended byproduct of a responsibility gap, and assuming the physician and AI disagree less than the general rate of requested second opinions, and the AI’s diagnostic accuracy supersedes or at least …. (shrink)

Life and career -- Early life and education (1115/1120-1147) -- In the service of Canterbury (1148-1156) -- Author and administrator (1157-1161) -- The Becket dispute (1162-1170) -- Final years (1171-1180) -- Writings -- Entheticus de dogmate philosophorum -- Policraticus -- Metalogicon -- Historia pontificalis -- Miscellaneous and spurious writings.

This article presents the conception of negligent account management, analyses the rules of the criminal act that govern criminal liability for negligent account management, by focussing on the form of guilt and the problem of its content. The plenary session’s conclusion that the two offences – failure to administer bookkeeping and failure to protect the bookkeeping documents – can be committed both intentionally and negligently is disputed in this article. The adoption of the new Criminal Code in 2000, setting the (...) form of guilt and its content in criminal cases for negligent account management, posed no significant problems – the court practice and legal literature followed the attitude that this crime could be committed only negligently. According to Article 16(4) of the Criminal Code 2000, a person is punished for negligent commission of a crime or a misdemeanour only in individual cases stipulated in the Special Part of the Criminal Code. The problem was that no “individual case” was foreseen in Article 223 of the Criminal Code that imposed liability for negligent bookkeeping. This created preconditions for deviating from pre-existing case-law under which this crime could be qualified as negligent. Only in 2009 the Criminal Division of the Lithuanian Supreme Court concluded in its plenary session that Article 223 of the Criminal Code provided liability for criminal record-keeping and accounting only if committed negligently as a form of guilt, and other activities pursuant to this Article might be committed intentionally and recklessly. The plenary session identified a loophole of criminal law and created preconditions for the formation of uniform court practice. Only the legislator can remove the loophole of criminal law identified by the Supreme Court of Lithuania. The author states that all of the acts named in Article 223 of the Criminal Code can be committed negligently and suggests applying the rule contained in Article 16(4) of the Criminal Code to Article 223 of the Criminal Code. All of these findings are based on historical, grammatical and logical interpretation of the “neglect” concept and the analysis of Articles 222 and 223 of the Criminal Code. (shrink)

The European Biomedical Ethics Practitioner Education Project (EBEPE), funded by the BIOMED programme of the European Commission, is a five-nation partnership to produce open learning materials for healthcare ethics education. Papers and case studies from a series of twelve conferences throughout the European Union, reflecting the ‘burning issues’ in the participants' healthcare systems, have been collected by a team based at Imperial College, London, where they are now being edited into a series of seven activity-based workbooks for individual or group (...) study. These draft workbooks are now being read by a network of critical readers across Europe, whose comments will be incorporated into the final versions of the workbooks. The result will be the first European-wide and Europe-centred resource for teaching students, practitioners, and members of ethics committees. Topics covered include: • Resource allocation and rationing • The rights of children and young people • Long-term care of the elderly • Mental health and mental illness • Autonomy and patient choice • Decisions at the end of life • A study guide to using the workbooks The collaborative nature of the project has highlighted differentiated national approaches in medical ethics. Against the British and Dutch rights-orientated approach have emerged two other alternative models: the Nordic preference for administrative resolution of entitlement disputes, and the southern European emphasis on deontological codes. A genuinely European reconstruction of autonomy and rights, using hermeneutic, feminist and narrative approaches to counterbalance individualistic models, is emerging across the workbooks. The programme has also uncovered national differences in how ethics should be taught, with the workbooks' style being an experiential approach. Thus the EBEPE project is developing new models in both substantive and pedagogic senses, about both what should be taught and how it should be presented. (shrink)

All observers of our legal system recognize that criminal statutes can be complex and obscure. But statutory obscurity often takes a particular form that most observers have overlooked: uncertainty about the identity of the wrong a statute aims to punish. It is not uncommon for parties to disagree about the identity of the underlying wrong even as they agree on the statute's elements. Hidden in plain sight, these unexamined disagreements underlie or exacerbate an assortment of familiar disputes—about venue, vagueness, (...) and mens rea; about DUI and statutory rape; about hate crimes, child pornography, and counterterrorism laws; about proportionality in punishment; and about the proper ambit of the criminal law. Each of these disputes may hinge on deeper disagreements about the identity of the wrong a statute aims to punish, and these deeper disagreements can be surprisingly hard to resolve, fueled as they are by the complex inner structure of our penal laws and the discretionary mechanisms of their administration. (shrink)

An interest in economic development has been extended to a set of research universities which since the late nineteenth century had been established, or had transformed themselves, to focus upon discipline-based fundamental investigations.21 The land-grant model was reformulated, from agricultural research and extension, to entrepreneurial transfers of science-based industrial technology by faculty members and university administrators.The norms of science, a set of values and incentives for proper institutional conduct,22 have been revised as an unintended consequence of the second revolution. This (...) has happened through an accretion of gradual organisational changes that often go unnoticed, and through conflict that disrupts the status quo and makes change evident. The two forms of normative change became apparent in the emergence of group research and in controversies over conflicts of interest. With extensive financial support from government, large research groups began to replace the traditional form of professor and graduate student—still commonplace in the humanities—as the typical way of organising research, although group leaders were called “individual investigators”.23 Possessing many of the characteristics of a small business, apart from the profit motive, some of these research groups or “quasi firms” are only a short step away from turning into companies when the opportunity arises.Disputes about conflicts of interest are a step towards the transformation of norms. How they are resolved suggests the shape of the new norm; their continuation indicates that the outcome is still in question; their intensification increases the likelihood that a practice will be defined as deviant. Some conflicts of interest will be resolveable as norms change; others will be defined as fraud and be dealt with by the legal system. Conflicts of commitment may also be amenable to resolution, for example, by granting leave to establish a company. Integrating campus and company research reduces some of the potential for conflict, especially when the university holds the intellectual property rights in question.Under these new normative conditions what is left of the idea of the university as a source of disinterested expertise? As molecular biology departments have developed a complex network of industrial ties a new critical discipline of environmental science has grown up in academia. Universities are flexible institutions, capable of reconciling many diverse missions. (shrink)

Les philosophes naturels du XVIIe siècle accordent une importance croissante aux faits nouveaux et singuliers construits par des démonstrations spectaculaires réalisées devant témoins. Cet essai tente de montrer comment cette évolution s’opère comme une synthèse de deux courants auparavant disjoints, d’un côté la pratique coopérative et informelle, critique sans être véhémente, de savants dont Mersenne constitue un bon exemple dans les années 1630, et de l’autre celle des alchimistes, remettant radicalement en cause les savoirs traditionnels tout en restant viscéralement attachés (...) au secret. On montrera comment le cercle parisien qui se réunit autour du même Mersenne au milieu du siècle pour débattre des expériences du vide réalise cette synthèse particulière. Mais dans une communauté érudite intéressée surtout à employer les faits expérimentaux comme matériau nouveau dans les disputes philosophiques, et pour laquelle la correspondance privée constitue la principale source d’information sous la forme de narrations circonstanciées par des témoins des événements singuliers survenus au cours de démonstrations expérimentales, le récit à la première personne apparaît comme une ressource superflue lorsqu’il s’agit de passer au format imprimé; Pascal, par exemple, recourt dans ses traités à une description des expériences se déployant sur un registre hypothétique et syllogistique qui exclut la narration directe. Le succès ultérieur des techniques matérielles et littéraires administrant la preuve en donnant à voir le protocole expérimental peut alors être mieux compris si l’on considère la parenté que celles-ci entretiennent avec les pratiques de la lecture publique traditionnelles dans les cercles érudits, proximité qui leur permet d’enrichir la signification et d’accroître la force de persuasion de l’expérience artificielle aux yeux des mêmes audiences. (shrink)

The principle of omnia sunt interpretanda refers to the derivational conception and derivational theory of interpretation. The principle appears in disputes concerning the role of a judge in the process of interpretation, and this has produced an effect that Polish theory of law is currently getting closer to the conceptions presented in the American debate on activism and textualism. In the practice of jurisdiction, the principle of omnia sunt interpretanda is mostly invoked outside theoretical context. It becomes a manifestation (...) of a new dimension of judicial independence, namely an independent authority over the meaning of legal text. In the following paper the legal cultures and legal theories involved in the dispute are being disclosed in order to put in question the possibility of achieving a clear result of interpretation against a background of a crisis of the relations between law and law-making state, which manifests itself in the peculiar process of legal institutions becoming autonomous in relation to state institutions. In this context, the aforementioned principle constitutes the manifestation of the way in which courts come up with a new definition of the role of the third (sui generic) power. The certain organizational requirements placed upon the courts (especially the SAC and provincial administrative courts) are being scrutinized in order to find out in which mode it is possible to at least reduce the degree of inconsistency of the results of interpretation. Here, the attempt to organize a community of judges for the activities of legal interpretation undertaken by them plays a crucial role. (shrink)

This article deals with the issue of consumer complaint and various mechanisms aimed at addressing it. It reviews empirical studies of the interplay between consumer complaining behavior, dispute resolution mechanisms, and administrative enforcement of consumer laws. The article illustrates the evolution of consumer protection and provides a logical framework within which to suggest areas for expanded empirical work in this area. This article reveals research studies on complaining behavior focusing on marketing studies and socio-legal studies. It analyzes the studies (...) linking consumer dissatisfaction and complaining and identifies positive correlations between a variety of factors and a willingness to lodge complaints with third parties. It concerns one main feature of the early empirical work on consumer behavior and information about how much of it is sponsored by governmental entities. The empirical research on consumer complaints reviewed here suggests a number of avenues for future directions in this important area. (shrink)

ZUSAMMENFASSUNGDie Kirche sieht sich in der Zuständigkeit für die Verwaltung des Transzendenten. Gestützt auf die Genesis erhebt sie aber auch den Erklärungsanspruch für die Entstehung der irdischen Welt. Jedoch weicht sie hier mehr und mehr der naturwissenschaftlichen Konkurrenz. Selbst die Evolutionstheorie wird heute nicht mehr rundweg abgelehnt. Die Neubewertung des Realitäts-begriffs und der Naturgesetze durch die evolutionäre Erkenntnistheorie zeigt jedoch, dass auch der Erklärungsanspruch empirischer Weltbilder überdacht werden muss, was nicht ohne Einfluss auf das Verhältnis zu den religiösen Weltbildern bleibt.Viel (...) gravierender jedoch kann die Tendenz werden, dass sich die Auseinandersetzung zwischen Religion und Wissenschaften immer mehr von den Naturwissenschaften zu den Sozialwissenschaften verlagert. Probleme der physischen Naturbeherrschung sind heute sehr viel weiter gehend gelöst als die Probleme der sozialen Umwelt. Schon heute ist das zentrale Paradigma der Menschheit die Bewältigung sozialer Probleme. Die Beherrschung des Klimas zum Beispiel, von der Sache her ein physisches Problem, wird mehr und mehr zum sozialen Problem. Wollen die Kirchen hier als gestaltende Kraft mithalten, müssen sie sich von der auf die Bibel gestützten Angebotsorientierung fortentwickeln zu der Nachfrageorientierung politischer Parteien und anderer Sozialorganisationen. Das könnte sich zur Bedrohung der theologischen Bedeutung der Kirchen entwickeln. SUMMARYThe church sees itself as the general administrator of the transcendent. But at the same time, based on the genesis, it claims as well the competence to explain the creation of the physical world. Here, however, it recoils more and more from the natural sciences. Even the idea of biological evolution is no longer flatly rejected. However, the reinterpretation of the natural laws and the notion of reality within the framework of the evolutionary epistemology show that the explanatory power of the natural sciences is no longer unquestionable. This, no doubt, has consequences for the relationship of natural and transcendental sciences.Of far more impact, however, can be the trend that the dispute between religion and sciences is shifting from the nature sciences towards the social sciences. Problems we have with our natural environment and to be solved by nature sciences are replaced more and more by problems we have with our social environment and to be solved by the social sciences. Already nowadays the central paradigm of mankind is the solution of social problems. Mastering the climate, for example, though primarily a physical problem becomes more and more a social subject. If the churches want to keep up here they have to shift from the supply orientation as provided by the bible towards the demand orientation presented by political and other social organisations. This could begin to threaten the theological importance of the churches. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Bioethics Reconsidered: Theory and Method in a Post-Christian, Post-Modern AgeH. Tristram Engelhardt Jr. (bio)A candid assessment of the moral significance of our post-Christian, post-modern era calls for a reconsideration of the very project of bioethics. For many bioethicists, concerns for theory and method are secondary. 1 These scholars presuppose a common morality and a reasonable, overlapping consensus regarding [End Page 336] an appropriate polity. They assume as well that (...) we, as humans, possess middle-level principles, casuistic capacities, and guiding intuitions that enable us, inter alia, to identify which allocations of health care are unfair, whether the purchase of organs from the poor is exploitative, and if physicians may require as a condition for treatment agreement on a professional standard for the disclosure of information in the acquisition of consent. In this account of bioethics, we are taken to share a content-full moral understanding. Theory may illuminate that understanding and method may resolve particular controversies, but neither is necessary to disclose the nature of the moral life in the domain of health care. The account presents us as bound by a content-full morality, about which we have pretheoretical knowledge and in terms of which we are able to reach appropriate decisions, even if we have competing theoretical understandings of that morality.This dominant account of bioethics has interesting similarities with Roman Catholic moral theology in assuming (1) the existence of a common canonical morality grounded in our nature, our sentiments, and/or our reason, as well as (2) the ability of reason, reflection, or analysis to disclose the substance of that morality. The difficulty is that there are diverse moral sentiments, sympathies, and visions. The depth of our disagreements can be gauged in our substantive disputes regarding abortion, physician-assisted suicide, and health care reform. Furthermore, no appeal to middle-level principles or to casuistry can bridge such differences when people really disagree. Such appeals only underscore what separates.Consider how an appeal to the principle of autonomy or justice in mediating disputes regarding the licensing of for-profit euthanatization services or the enactment of a health care proposal like that produced by the Clinton administration in 1993 (White House 1993) will only disclose how deep the disagreements are, if the disputants are a Rawlsian and a Nozickian (Rawls 1971, Nozick 1974). Or, consider an appeal to casuistry for the resolution of health care policy debates among parties, some of whom consider dumping and skimming to be morally exemplar acts of autonomy, frankness, and appropriate stewardship of resources (Engelhardt and Rie 1988), while the other parties regard them as exemplar acts of injustice. Such disputants will agree neither about the proper descriptions of the cases, nor about how to derive moral guidance from them, because they bring to the cases disparate moral senses and different understandings of moral rationality. In a world in which there are as many different accounts of fairness and justice as there are major religions, and where many may hold that exploiters are those who do not allow the poor to sell their organs to the rich, the presumption of a moral consensus or background morality (Bayertz 1994) serves more as an ideology than as a general authoritative moral disclosure. [End Page 337]In addition, it is not possible to choose among many 2 of the competing visions or accounts of justice, fairness, and appropriate behavior on the basis of sound rational argument. To choose authoritatively among competing content-full moralities or moral accounts, one must already have background moral guidance. If one is to choose the account that maximizes benefits over harms, one must be able to compare competing benefits. For example, in terms of consequences, one cannot compare liberty and equality outcomes without already knowing how to rank liberty and equality. One must already know the answer about which morality—e.g., the one that gives priority to liberty over equality, or the one that gives priority to equality over liberty—is authoritative. Nor will an appeal to preference satisfaction solve the difficulty of determining how to establish the canonical ethics and bioethics. One must first know how one should correct preferences, compare impassioned versus considered... (shrink)

The purpose of this paper is to analyze what some private universities are doing in the area of mediation and other alternative ways of solving faculty complaints – what some term "alternative dispute resolution." Special attention will be given to one of the most important ethical issues in this area at the operating level of individual universities – the due process procedures with respect to the processing of the grievances of individual faculty members in nonunionized colleges. The paper concludes with (...) recommendations for university administrators and faculty senates, as well as recommendations for future research. (shrink)

In the history of Al-Andalus, Bâdîs b. Habbûs emerges as an influential leader, shining prominently in the mid-11th century as the ruler of the Al-Andalus Zîrî State. Bâdîs, belonging to the Berber Sanhâce tribe, attained a significant position in the political arena through remarkable ascent and leadership skills, establishing himself as a crucial figure in the Al-Andalus region. Throughout history, Sanhâce has been engaged in continuous rivalry with the Zenâte tribe, and the most notable period of these interactions occurred during (...) the IV-VI (X-XII) centuries. In this crucial era, a Zenâte branch known as the Telkâtels established influential states in Ifrîkıye, the eastern part of Algeria, and Al-Andalus, drawing attention to their accomplishments. On the other hand, the Lemtûne and Messûfel tribes formed their independent states in Mağrib-i Aksâ, Al-Andalus, and the Balearic Islands. Telkâte, a prominent tribe affiliated with Sanhâce, settled in the Kosantîne province of Algeria during the 10th century. The leadership of Bâdîs, representing a critical period in the history of the Al-Andalus Zîrî State, commenced during the reign of II. Hakem with the aim of strengthening the Zîrî State and ensuring stability. Following the death of II. Hakem, Bâdîs was appointed to rectify the weakened state of the Zîrî State. In this critical period, Bâdîs's political acumen and leadership skills played a crucial role in stabilizing and expanding the state. Under his leadership, the Al-Andalus Zîrî State not only achieved political stability but also distinguished itself with cultural and intellectual advancements. Emir Bâdîs, by supporting local administrators in various regions of Al-Andalus, maintained regional balance and expanded the borders of the Zîrî State. Significant progress in science, literature, architecture, and the arts contributed to the cultural richness of Al-Andalus during his leadership. Bâdîs's effective leadership not only marked a significant era in the history of the Al-Andalus Zîrî State but also left a long-lasting legacy, influencing political and cultural developments in the region. After the death of Habbûs b. Mâksen in 429/1038, his son Bâdîs b. Habbûs ascended to the throne as the ruler of Granada. However, some Jews and Berbers demanded the accession of his brother Bulukkîn to the throne. Alongside these requests, a group that included Arabs and the vizier Samuel b. Nagrîle supported Bâdîs's rule. Under the leadership of Bâdîs b. Habbûs, the Zîrî Emirate experienced its most powerful period in Al-Andalus between 429-465 (1038-1073). During this time, the emirate emerged as one of the significant powers in the region. Bâdîs b. Habbûs's initial reign was shaped by various activities, including the education of his children, book critiques with scholars, receiving envoys, and a power struggle for the throne with his nephew Yiddîr b. Hubâse, who assumed the role of adviser. In the early years of his government, Emir Bâdîs made important decisions that contributed significantly to the strengthening of the emirate. This period is recorded as a time when the Zîrî Emirate held an influential position in the political scene of Al-Andalus, leaving a significant impact on the region. Bâdîs b. Habbûs was aware that the most significant obstacle to expanding his sovereignty was the Abbâdîs in Ishbiliya. The leader of the Abbâdîs was İsmâil, the son of Ebu’l-Kâsım b. Abbâd. Although Bâdîs b. Habbûs possessed a formidable military force, İsmâil, the leader of the Abbâdîs, aimed to eliminate the presence of Berbers in Al-Andalus. However, the greatest obstacle to this goal was Sultan Bâdîs b. Habbûs of Granada and his army. In an attempt to expand his dominance in Ishbiliya, Ebu’l-Kâsım Ibn Abbâd appointed his son İsmâil b. Abbâd as the hâcib. This strategic move was part of İbn Abbâd's strategy to enhance his influence beyond Ishbiliya. Nevertheless, faced with the risk to his material and especially spiritual authority, Yahyâ b. Ali b. Hammûd decided to unite Berber leaders to target Ishbiliya. During the Zîrî rule, disputes between Temîm b. Bulukkîn, the grandson of Bâdîs b. Habbûs, and his son Abdullah b. Bulukkîn persisted until the decline of the Zîrî dynasty. (shrink)

Current debate over the motives, ideological justifications, and outcomes of the war with Iraq have been strident and polarizing. _A Matter of Principle _is the first volume gathering critical voices from around the world to offer an alternative perspective on the prevailing pro-war and anti-war positions. The contribu-tors—political figures, public intellectuals, scholars, church leaders, and activists—represent the most powerful views of liberal internationalism. Offering alternative positions that challenge the status quo of both the left and the right, these essays claim (...) that, in spite of the inconsistent justifications provided by the United States and its allies and the conflict-ridden process of social reconstruction, the war in Iraq has been morally justifiable on the grounds that Saddam Hussein was a brutal tyrant, a flagrant violator of human rights, a force of global instability and terror, and a threat to world peace. The authors discuss the limitations of the current system of global governance, which tolerates gross violations of human rights and which has failed to prevent genocide in places such as Bosnia and Rwanda. They also underscore the need for reform in international institutions and international law. At the same time, these essays do not necessarily attempt to apologize for the mistakes, errors, and deceptions in the way the Bush administration has handled the war. Disputing the idea that the only true liberal position on the war is to be against it, this volume charts an invaluable third course, a path determined by a strong liberal commitment to human rights, solidarity with the oppressed, and a firm stand against fascism, totalitarianism, and tyranny. (shrink)

This paper reports the first case in which a linguist served as an expert witness in Hong Kong, a former British colony that has operated as a special administrative region of the People’s Republic of China (PRC) since 1997. The dispute was on the meaning of the political slogan “Liberate Hong Kong, Revolution of Our Times”, which was widely adopted during the 2019–2020 protests. The keywords “liberate” and “revolution” are smoking gun evidence for the prosecution in a large cluster (...) of cases that involve sedition law and national security offences. Section I of the paper provides background information about a case the author was involved in, which was concerned with whether the slogan was seditious. Section II describes the analysis conducted, which concludes that the slogan as a whole refers to a need to rectify a problem and to return to the original, a more desirable state of affairs for Hong Kong, without specifying what problem there is and what the desirable state of affairs looks like. Section III highlights some critical issues in the analysis, discussing challenges faced and ethical questions for the expert witness. Section IV is a postscript that briefly describes the outcome of the case. (shrink)

In this article, I argue that experimental ethics – like experimental economics – should also concern itself with field experiments. In particular, I defend two claims: a) that philosophers in normative ethics could considerably narrow down their disputes if they could agree on a wider range of socio-economic facts; and that b) the socio-economic facts that would be needed for this could only be generated by deliberate large-scale social experimentation. This essay normatively grounds my interest in special administration zones.

This essay examines neoconservative criticisms of equity planning, and the challenges against the right of government to regulate local development and land use. The specific concern of this essay is how, or if, local development administrators (equity planners), should use their discretionary powers to ensure that city officials and private developers promote and protect the interests of urban residents, particularly the poor and disadvantaged. The essay begins by discussing the alleged conflict said to exist between needy urban residents and the (...) more secure urban taxpayers. The contrary views of equity planners are then reviewed, and the tensions within the neoconservative arguments are exposed and critiqued. Finally, the dispute between equity planners and neoconservatives is further explored by examining the dispute over the voucher system to address the problem of equal educational opportunity in urban communities. (shrink)