The article deals with the doctrine of the returning of the powers of the Government upon the election of the President of the Republic formulated in the Constitutional Court ruling of 10 January 1998. Attention is focused on the arguments of the Constitutional Court upon which this doctrine is based–these are the arguments regarding the expression of no-confidence in the Prime Minister and the new empowerment of the Government (after more than a half of the ministers are changed). (...) In the opinion of the author, some of such arguments are subject to discussion. The constitutional regulation regarding the returning of the powers of the Government upon the election of the President of the Republic is inexhaustive and unclear. Although the wording of the provisions of the Constitution regarding the returning of the powers of the Government after the elections of the Seimas and after the elections of the President of the Republic is almost the same, there is one essential difference: the Constitution provides that after the elections of the Seimas the Government must return its powers to the President of the Republic and must resign, whereas the Constitution does not provide that the Government must resign after the elections of the President of the Republic as well. (shrink)
This article is the attempt at a dialogue with Bruce McCormack about the position he espoused in The Cambridge Companion to Karl Barth concerning the relation between God's Election of grace and God's Triunity. I had criticized McCormack's position in my book, Divine Freedom and the Doctrine of the Immanent Trinity (2002), but I did not elaborate on it in great detail. To develop the dialogue I will: 1) consider McCormack's claim that in CD II/2 Barth made Jesus Christ (...) “rather than” the Eternal Logos the subject of election; 2) consider what Barth means when he speaks of Jesus Christ “in the beginning”; 3) compare McCormack's thesis that the Father never had regard for the Son, apart from the humanity to be assumed, with Barth's belief that we must not dispute the eternal will of God which “precedes even predestination”; 4) analyze in detail McCormack's rejection of Barth's belief that the logos asarkos in distinction from the logos incarnandus is a necessary concept in trinitarian theology; 5) discuss Barth's concept of the divine will in relation to the concept advanced by McCormack and suggest that McCormack has fallen into the error of Hermann Schell by thinking that God in some sense takes his origin from himself, so that God would only be triune if he elected us; 6) explain why it is a problem to hold, as McCormack does, that God's self-determination to be triune and his election of us should be considered one and the same act; and finally 7) explain McCormack's confusion of time and eternity in his latest article on the subject in the February, 2007 issue of the Scottish Journal of Theology, and his own espousal of a kind of indeterminacy on God's part (which he theoretically rejects). (shrink)
Israel has always mattered to American Christians. They are among the strongest supporters of the State of Israel in the United States. The paper argues that the support that was extended by American Christians in general and the Christian Right in particular, to Israel and the Jewish people is the continuation of a long tradition in conservative American Christians rooted mainly in their theological doctrine. However, the study shows that the Christian Right is ambivalent in its view on (...) class='Hi'>Jews. On the one hand, Jews are considered to be God’s chosen people and to have a special Biblical status and role. On the other hand, the Christian Right is allegedly anti-Semitic, as it views Jews as a condemned nation for their rejection of Christ as the Messiah, the reason for which they are unsaved and need to be converted to Christianity. Interestingly, both views, love and hatred of Jews, are based on the Biblical teachings and grounded in conservative Protestant theology; their paradoxical views on Jews are not a new phenomenon among conservative American Christians. Nevertheless, the study found that the support of the American Christians of the establishment of the State of Israel goes beyond theological doctrines or values. In fact, the humanitarian considerations of the liberal Christian and secular organizations in particular, were significant in contributing to the establishment of the Jewish state. (shrink)
Kant’s example of lying to the murderer at the door has been a cherished source of scorn for thinkers with little sympathy for Kant’s philosophy and a source of deep puzzlement for those more favorably inclined. The problem is that Kant seems to say that it’s always wrong to lie – even if necessary to prevent a murderer from reaching his victim – and that if one does lie, one becomes partially responsible for the killing of the victim. If this (...) is correct, then Kant’s account seems not only to require us to respect the murderer more than the victim, but also that we somehow can become responsible for the consequences that ultimately result from someone else’s wrongdoing. After World War II our spontaneous negative reaction to this apparently absurd line of argument is brought out even more starkly by making the murderer at the door a Nazi officer looking for Jews hidden in people’s homes. This paper argues that Kant’s discussion of lying to the murderer at the door has been seriously misinterpreted. The suggested root of the problem is that the Doctrine of Right has been given insufficient attention in Kant interpretation. It is in this work we find many of the arguments needed to understand Kant’s analysis of lying to the murderer in “On a Supposed Right to Lie from Philanthropy”. When we interpret this essay in light of Kant’s discussion in the Doctrine of Right, we can make sense of why lying to the murderer isn’t to wrong the murderer, why we nevertheless become responsible for the consequences of the lie and why choosing to lie to do wrong ‘in the highest degree’. Finally, the Doctrine of Right account of rightful relations makes it possible for us to analyze the example when we make the murderer at the door a Nazi officer. (shrink)
In the missionary activities that Halle theologians developed in the first half of the 18th century Grotius’ De veritate plays an interesting role that deserves exploration. To that purpose, the history and nature of the publication of missionary tracts in Halle will be surveyed, the role therein of Johann Heinrich Callenberg and his Institutum Judaicum at Muhammedicum described and the distribution and reception of the texts among the Muslims and Jews that were the target of the Halle missions all (...) over the world summarized and analysed. It is suggested that Grotius’ De veritate, which was an atypical piece of apology in the Halle pietist setting, stands out among the other literature for its efficacy in the missionary process, due to its non-dogmatic character. (shrink)
The paper focuses on the general principles established in the caselaw of the European Court of Human Rights while applying and interpreting the Article 3 of the First Protocol of the Convention for the Protection of Human Rights and Fundamental Freedoms which provides: „The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature.“ Article 3 of (...) the First Protocol enshrines a fundamental principle for effective political democracy, and is accordingly of prime importance in the Convention system. It refers not only to positive obligation of the Contracting State to organize democratic elections, but also guarantees individual rights, including the right to vote and the right to stand for election, although this is not explicitly stated in it. These rights are not absolute; there is room for “implied limitations” and Contracting States are given a wide margin of appreciation in this sphere. However, these limitations must be such that the rights in question were not curtailed to such an extent as to impair their very essence and deprive them of their effectiveness, should be imposed in pursuit of a legitimate aim and should not be disproportionate. (shrink)
The paper applies to approval voting, under which the voter casts a ballot by casting one vote for each of k candidates, wherek=;1,2, ? , m-1 and there are m candidates. I assume (following Brams and Fishburn) that each of the voter's 2=;-2 strategies is equally likely to be chosen. Election-outcome types include: the m-way tie;(m-1) -way ties with the runner-up trailing by 1,2,?,m votes; (m-2)-way ties, and so on. The frequency distribution of outcome types varies only with m and (...) n and is necessary to the calculation of the expected utilities of successive ballots cast, in the same election, by a voter under a variant of approval voting. This variant allows the voter to cast several complete ballots provided that he pays the respective prices, which could reasonably be based on the expected utilities. The paper describes a shortcut method of calculating the distribution of outcome types when m=;4 andn rises to levels that make straightforward calculation computationally infeasible. The shortcut involves the combining of an outcome type, instead of each member of that type, with each of the 14 strategies available to the incremental voter. In going fromn-1 to n, for n=3, the number of outcome types increases by a factor of (n+3)/n whereas, the number of combinations of strategies increases by a factor of 14. (shrink)
In order to explore whether and how Jewish teachings influence the attitudes of strictly-orthodox Jews to clinical trials, 10 strictly-orthodox Jews were purposively selected and interviewed, using a semi-structured schedule. Relevant literature was searched for similar studies and for publications covering relevant Jewish teachings. Thematic analysis was used to analyse transcribed interviews and explore relationships between attitudes and Jewish teachings identified in the review. Participants’ attitudes were influenced in a variety of ways: by Jewish teachings on the over-riding (...) importance of preserving life—the need to avoid risks affecting life and health, while taking risks to preserve life—and the religious obligation to help others, as well as by previous experience. Attitudes mirrored those in the general population, enabling many participants to reach conclusions that did not differ materially from those of the general population or research ethics committees. (shrink)
This case explores the ethical dilemmas faced by Wolfgang Thierse and other board members of the Memorial Foundation for the Murdered Jews of Europe. They must decide whether Degussa AG, a memorial subcontractor, can continue working on the memorial, despite Swiss andGerman media reports that a former subsidiary of Degussa’s, named Degesch, manufactured and supplied the nerve gas that killed Jews and other individuals in the Auschwitz concentration camp. The board’s decision is complicated by negative publicity the memorial (...) has received, by the fact that Degussa has already applied its anti-graffiti coating to some of the pillars that form the memorial’s main design, and by questions of whether the board exercised due diligence when Degussa was originally proposed as a project subcontractor. Students are asked to help Thierse reach a personal decision about Degussa’s continued participation and, in his role as board chair, formulate a discussion strategy for the upcoming, potentially volatile board meeting. (shrink)
Abstract The idea of ?election? cannot be approached, it seems, through traditional or classical philosophical conceptuality. This idea requires another type of discourse. Not simply because this idea refers to an entirely other body of texts, that of the Biblical tradition, but more radically since it commands another modality of thought which must at once suspend and pursue philosophical concepts to the point where they express themselves otherwise than according to the rationality of their own deployment. In truth, the idea (...) of ?election? calls thus for a redefinition of the rapport between singularity and universality, one no longer structured and circumscribed by ?truth?, but rather inspired by a novel and irreducible modality of ?justice?. A ?justice? which opens to the possibility for an ?ethics?, not as ?communicative dialogue?, ?mutual recognition? or a series of established and rationally grounded laws, but a ?place? of incessant and irresolute, non-intentional and unconditional exposition to the Other. (shrink)
While rescission and restitution are closely related, they are not identical concepts. The election requirement in rescission is a key feature that distinguishes that process from a claim for ‘simple’ restitution. This article considers the election requirement and concludes that it need not be restricted to its contractual operation within the law of unjust enrichment. Election could also play an important role in determining the availability of proprietary restitution for unjust enrichment.
This article discusses the ways in which the ambiguous concept of equality has been used in the British debate regarding the financing of political election campaigns. It identifies three concepts of equality commonly used in that debate: ‘equality of arms’ between political parties, ‘equality of influence’ between citizens, and ‘equality of access’ to the so‐called ‘marketplace of ideas’. The article than discusses each of these concepts of equality in greater detail, and, in doing so, identifies four broader principles underlying the (...) use of these concepts in the election financing debate. The article concludes that, although the language of equality is used often and with great effect in the election financing debate, the concepts of equality being invoked are rarely independently valuable concepts. Instead, the concepts of equality used are valued in the election financing debate because they promote one of the four underlying principles. These principles themselves, however, involve complex questions of democracy and distributional fairness, and are not uncontroversial. I thus suggest that future debates regarding election financing could be enhanced by a more direct discussion of the merits of these underlying principles. (shrink)
Recent research has shown that in referendum elections, the presence of interdependence within voter preferences can lead to election outcomes that are undesirable and even paradoxical. However, most of the examples leading to these undesirable outcomes involve contrived voting situations that would be unlikely to occur in actual elections. In this paper, we use computer simulations to investigate the desirability of referendum election outcomes. We show that highly undesirable election outcomes occur not only in contrived examples, but also in randomly (...) generated elections. Our data suggest that the presence of interdependent preferences significantly increases the likelihood of such undesirable outcomes, and that certain alternative voting methods, such as sequential voting and setwise aggregation, hold the potential to produce outcomes that more accurately reflect the will of the electorate. (shrink)
Bertie Ahern, the incumbent Taoiseach or Prime Minister of Ireland, was elected to a third term in the general election of 24 May 2007. While Ahern's party, Fianna F il, was able to retain its governing coalition, the level of support of some of the other parties changed dramatically. Fine Gael, the principal opposition party, saw its number of seats in the parliament, D il ireann, increase by nineteen. Some of the minor parties did less well than expected or compared (...) to previous elections. Only the Greens maintained their six representatives. As a result, they were rewarded with a share in the new government. This election suggests that, while Irish society is changing rapidly, the political system is changing more slowly and subtly. This article examines the election results in terms of the fate of the political parties and focuses on one constituency, Tipperary South, to illustrate trends in Irish electoral politics. (shrink)
TRYING to trace the ancient roots of a modern language is always a maddeningly ambiguous and uncertain enterprise. With Yiddish, the language of the Ashkenazic Jews of Central and Eastern Europe, the task is even harder because of the horrifying fact that most of the speakers were exterminated in the Holocaust.
This paper will examine how the prominent image of the witch in Christian thought during the early modern period emerged from earlier images of the non-Christian Other, Jews and heretics for example. To do so the beliefs surrounding the ―rituals‖ and ―practices‖ of witches seen during the witch-craze of the fifteenth century are compared and contrasted with the images of Others within medieval Christian society. To do so a variety of both primary and secondary scholarship on the persecution of (...) witches, heretics, and Jews during the Middle Ages and the early modern period. (shrink)
The 2000 U.S. presidential election was one of the most bizarre and fateful in American history. Described in books as a “deadlock,” “thriller,” “the perfect tie,” and even “Grand Theft 2000,” studies of the election have dissected its anomalies and scandals and have attempted to describe and explain what actually happened.1 In this study, I will analyze how the turn toward media politics and spectacle in U.S. political campaigns and the curious and arguably archaic system of proportional voting in the (...) U.S. tilted the campaign toward George W. Bush and were prejudicial to the election of Al Gore. Gore received over 540,000 votes more than Bush, but because of the U.S. system of proportional voting won less electoral votes and lost the crucial state of Florida. In this chapter, I will argue that media representation of the two candidates and the anomalies of the U.S. system of proportional representation in an arguably archaic Election College were major factors in the highly controversial ascent to the presidency of George W. Bush. Of course, the U.S. Supreme Court decision directly decided the election results and the story of Election 2000 is highly complex and contested. Yet focus on the media in the election and problems with the system of proportional representation provide revealing lenses on the events of the 2000 election and call attention to major problems in the U.S. system of representational democracy. (shrink)
In this article I discuss the history of Italian Jews from the Emancipation to the racial laws of 1938 and their present-day attitudes to Judaism and the State of Israel. My aim is to suggest how the policy of social integration enabled Italian Jews to construct a new identity without losing their ancestral heritage. The example of Italian Jewry is relevant to understanding the growing need in today?s European Union?now comprising 27 countries with different languages, cultures, and values?of (...) revising the concept of national identity and of exploring ways of constructing a new European identity. (shrink)
This paper comments on the history of the search for better election procedures, then discusses dimensions relevant to the evaluation and comparison of ompeting procedures. Its aim is to indicate the variety of factors involved in the search and to suggest an integrative perspective that could aid further research.The dimensions examined include the nomination process, agenda formation, candidate strategy, voter psychology and strategy, ballot forms and methods of aggregation, evaluative aspects of aggregation, incentive compatibility, costs and financing, and institutional effects.
A considerable number of workers interviewed have stated their belief that Jews have too much power. The notion of power in this context has a wide range. It covers the most diversified phenomena—from holding minor positions in administration or business to dominating everything and wielding unchecked power over the world. The idea of Jewish power as it fascinates our interviewees is vague and hazy. To establish its real contents, it seems advisable to discuss these statements first that refer to (...) the widest and most comprehensive concept of universal Jewish domination. In statements made by our interviewees, references to Jews as.. (shrink)
The Pauline hope of the unification of all peoples through the gospel of transforming love that produces respect between groups as diverse as the Jews and the Gentiles urgently needs to be placed on our agenda.
Denmark is one of the only European countries that can speak of its involvement in the Holocaust with some sense of pride. In October of 1943, the Danes pulled off a substantial rescue mission during which they led the majority of the Danish Jews to safety in Sweden. Traditional representations of this event attribute its success to the outstanding moral character of the Danes. This paper challenges this popular view and explores a variety of factors which together facilitated the (...) rescue of the Danish Jews. (shrink)
This commentary focuses on Dixon et al.'s discussion on the dangers of employing prejudice-reduction interventions that seek to promote intergroup harmony in historically unequal societies. Specifically, it illustrates these dangers by discussing my work in Israel (now mentioned in Dixon et al.'s note 6) on the processes and practices through which reconciliation-aimed encounters between Jews and Arabs mitigate sociopolitical change.
Reseña de la obra de Toland Reasons for Naturalizing the Jews in Great Britain and Ireland on the Same Foot with All Other Nations. Containing also, A Defence of the Jews against All Vulgar Prejudices in all Countries reeditada recientemente.
This essay proposes that the Memorial to the Murdered Jews of Europe serves a primary function other than its eponymous one. Using a site-specific, local historical context rather than memorial or Holocaust discourse, it presents the Memorial as a spot of psychic unity for once-divided Berlin and as a physically appropriate heir to the land upon which it was built. This approach is motivated by the apparent incongruity of local response to an explicitly somber structure: Why did the public (...) react not only positively but even joyfully to the Memorial after its dedication? And why were behaviors such as playing.. (shrink)
Professor Aubert's ?three?stage rocket? (Inquiry, Vol. 26 , No. 1) has reached periodic orbit. His comments on my earlier reply to his critique of my election predictions paper simply repeat arguments I have already refuted. In this note, I limit myself largely to pointing out Professor Aubert's misconceptions of what my position actually is. I find no reasons for revising the views stated in my original election predictions paper, nor any reasons for thinking that paper violated norms of scientific method (...) that prevail in the natural sciences. (shrink)
People of Jewish origin arrived in the American Continent as early as 15th century and (in various times and with varying intensity but incessantly) have participated in shaping the states and societies on the continent. A fact little known in Poland, Jews and their culture are inherent in Latin American reality. The paper attempts to provide an insight into Ashkenazic Diaspora (particularly its section coming from Poland and the partitioned Polish lands before 1918) in its Latin American dimension.
The reception of Avicenna by medieval Jewish readers presents an underappreciated enigma. Despite the philosophical and scientific stature of Avicenna, his philosophical writings were relatively little studied in Jewish milieus, be it in Arabic or in Hebrew. In particular, Avicenna's philosophical writings are not among the ische complex attitude to Avicenna.
Canarsie is a lower middle class neighborhood on the eastern edge of Brooklyn. For generations a district of junk yards, refuse dumps and marsh land, its name has long been used by New Yorkers to epitomize everything that is isolated, grimy and parochial about the outer rim of the metropolis (“Go to Canarsie” serves as a polite substitute for “Go to Hell” for Bronx natives of a certain age). In the mid 1970s, when most of the marshes had been filled (...) in and covered with block after block of small single family houses, Canarsie's unsavory reputation took on another dimension. (shrink)
The Czech Republic today belongs to the minority of European republics whose presidents are elected indirectly. It is a paradox that, even when direct election of the President has stable support not only of the majority of Czech society but also of the majority of parliamentary parties, this issue is constantly only discussed. Should direct election gain passage in the Czech Republic, there are formally better preconditions for this than there were in the past. With regard to the fact that (...) a change in the manner of the election of the Head of State hides in itself the potential to impact the functioning of the whole constitutional system, it is worth it to follow how this problem conceived in the Czech Republic. This article is devoted to the standing of the President of the Republic in the contemporary Czech constitutional system and to considerations about direct election from the year 1918 to the present. Attention is also devoted to the difficulties which it is necessary to come to terms with during a potential change in the manner of the election of the President if the current balance of powers between the constitutional organs is to remain preserved. (shrink)
Mixed member legislative systems have proliferated in the last twenty years, and while our knowledge of the institutional impacts has grown, we have had difficulty in separating institutional and contextual (namely party) influences. Through an analysis of Taiwan before and after the implementation of a mixed member majoritarian (MMM) system, the level of contamination between tiers and variance between parties becomes clearer. Survey results show a marked shift in constituency focus for district candidates, moving from multimember to single-member districts, while (...) party list seats focus on district factors at higher rates post-reform. Variance between the two major parties further suggests differing levels of party pressure. (shrink)
Under Article 63 of the Constitution, a gross violation of the Law on Elections to the Seimas is one of the grounds for discontinuation of the powers of the Member of the Seimas. The Constitution does not reveal expressis verbis as to what is a gross violation of the law on election. The establishment of this is within the discretion of the legislator. While defining what a gross violation of the Law on Elections to the Seimas is, the legislator is (...) bound by the norms and principles of the Constitution. Although the Constitution does not define expressis verbis as to what a gross violation of the law on election is, the fact that, under Item 6 of Article 63 of the Constitution, the powers of a Member of the Seimas shall cease on this ground, implies at least several things: first, not every violation of the law on election can be regarded as a gross one, thus, if the law on election has not been grossly violated, it is not permitted on this ground to recognise that the Member of the Seimas lost his mandate, or that the powers of the Member of the Seimas ceased; second, only such violations may be regarded as gross ones, upon commission of which there appear reasonable doubts whether during the election the genuine will of the voters was expressed, whether their will was not distorted to the extent that the results of the election do not reflect the genuine will of the voters and the mandates of Members of the Seimas have been distributed unfairly. (shrink)
Fifty years after the Holocaust, anti-Jewish myths and sentiments are gaining momentum in Europe, the Islamic world, the Americas, and even in Japan. Why? Does hate spring eternal? Seeking an answer to this question, I develop a seven part argument. My aim is to advance what can reasonably be called a "social constructionist" perspective on the kind of antisemitic demonology that is now gaining worldwide currency. My method is to seek clarity by evaluating varying kinds of constructionist claims. Both the (...) strengths and weaknesses of these claims are illuminating for my purposes, as I try to show in connection with writers including Philippe Lacoue- Labarthe, Elisabeth Young-Bruehl, Daniel Goldhagen, and Pierre-Andre Taguieff. My conclusion is that we can best understand antisemitism as an instance of what historian Gavin Langmuir calls "chimeria." Interpreted in the spirit of certain classic texts (by Sartre, Adorno, and Samuel), this notion offers a powerful starting point for further inquiry. To illustrate the promise of this approach, I close with an interpretation of the current, global antisemitic revival as an expression of anti-Jewish chimeria. (shrink)
Herbert A. Simon's reply (Inquiry, Vol. 25, No. 3) to my criticism of his 1954 paper is not to the point. He fails to respond to some of my arguments and misconceives others. One of his misconceptions is that any mathematical deduction from empirical premises which are formulated mathematically will necessarily lead to empirically valid conclusions. This claim is particularly unwarrantable in Simon's case since his mathematical premise, the continuity of the reaction function, is empirically meaningless.