This article examines how international institutions serve to diffuse human rights norms and create judicial capacity building in post-conflict societies. Specifically, we examine how the International Criminal Tribunal for the former Yugoslavia (ICTY) and the Office of the High Representative have influenced the reform of domestic courts in Bosnia and Herzegovina (BiH). We place these reforms within the broader debate over restructuring the complex system of government in BiH. Since 2005, domestic courts in BiH have had jurisdiction over the following: (...) (1) Cases which were initially under the jurisdiction of the domestic courts but remanded to the ICTY and recently returned to BiH. (2) Cases which originated at the ICTY and have been transferred to the State Court, and (3) new cases which originated and remained in the domestic court system. We find that while human rights norms have been incorporated into the new legal code, the diffusion of these human rights norms has been inadequate because of the lack of judicial capacity building. While some courts in the capital enjoy significant resources, the vast majority of cases will be tried at provincial courts which are under-funded and unable to prosecute the significant number of cases. Moreover, the government structure of BiH has had a decidedly negative impact on the prosecution of these cases. Ultimately, the rule of law requires consistency of approach and funding to protect human rights throughout the state. (shrink)

Although the use of truth and reconciliation commissions (TRCs) has grown considerably over the last 3 decades, there is still much that we do not know concerning the choice and the structuring of TRCs. While the literature has focused primarily on the effects of TRCs, we examine the domestic and the international factors influencing the choice of a commission in sub-Saharan Africa from 1974 to 2003 using pooled cross-sectional time series. We find that states which adopted a TRC prior to (...) South Africa were generally repressive centralized regimes which used the truth commission as political cover. However, since South Africa’s TRC, democratizing states have been more likely to adopt a truth commission as a form of transitional justice. (shrink)

This special issue of Human Rights Review is devoted to an exploration of the current human rights research agendas within the political science discipline. Research on human rights is truly an interdisciplinary quest in which various epistemologies can contribute to each other and form a larger dialogue concerning rights and wrongs. This special issue is devoted to an expansive understanding of the state of research on human rights in the political science discipline. One common theme throughout these contributions is the (...) need for a more nuanced conceptualization of human rights, tools to promote these rights and as social scientists, methodologies employed to study these rights. A second theme is the policy relevance that can be derived from our empirical analysis. This volume demonstrates that the integration of theoretically and normatively rich concepts, empirical social science, and policy relevance do not have to be mutually exclusive when studying human rights. (shrink)

The Special Court for Sierra Leone and the Extraordinary Chambers for Cambodia represent a departure from the model established by the International Criminal Tribunal for the former Yygoslavia and the International Criminal Tribunal for Rwanda. The SCSL and the ECC have often been referred to as “mixed” or “hybrid” tribunals in which there are significant domestic and international components. The tribunals include a combination of domestic and international judges, utilize domestic and international laws and are administered by a prosecutorial team (...) composed of domestic and international lawyers. Many of these institutional changes have been brought about because of criticisms of the ICTY and the ICTR. The fundamental question of this article is whether these mixed tribunals are a more effective mechanism for providing justice and reconciliation than purely international solutions. This is an important question because both the international community and states are moving in the direction of mixed tribunals. (shrink)

In this paper, the authors have detected a new effect in the area of geomagnetism, related to the behavior of a magnetic dipole freely floating on water surface. An experiment is described in the present paper in which a magnetic dipole fixed upon a float placed on non- magnetized water surface undergoes displacement along with reorientation caused by fine structure of the earth's magnetic field. This fact can probably be explained by secular decrease of the earth's major dipole moment. Further, (...) a detailed study of the phenomenon may create interesting premises for its practical use, particularly for the analysis of fine structure of geomagnetic field and its time-dependent anomalies. A strange behavior of some sea fish species prior to strong earthquakes may be explained if the fish are assumed as 'live magnetic dipoles'. (shrink)

Bermejo-Luque, Lilian. Giving Reasons. A Linguistic-Pragmatic Approach to Argumentation Theory Content Type Journal Article Pages 1-6 DOI 10.1007/s10503-011-9258-z Authors C. Andone, Department of Speech Communication, Argumentation Theory and Rhetoric, University of Amsterdam, Spuistraat 134, 1012 VB Amsterdam, The Netherlands Journal Argumentation Online ISSN 1572-8374 Print ISSN 0920-427X.

The paper provides a qualified defence of Bruce Waller’s deductivist schema for a priori analogical arguments in ethics and law. One crucial qualification is that the schema represents analogical arguments as complexes composed of one deductive inference but also of one non-deductive subargument. Another important qualification is that the schema is informed by normative assumptions regarding the conditions that an analogical argument must satisfy in order for it to count as an optimal instance of its kind. Waller’s schema is defended (...) from criticisms formulated by Trudy Govier, Marcello Guarini and Lilian Bermejo-Luque. (shrink)

1. Hume e a Magna Carta: em torno do círculo da justiça, Maria Isabel Limongi; 2. Hume e o problema da justificação da resistência ao governo, Stephanie Hamdan Zahreddine; 3 O surgimento dos costumes da sociedade comercial e as paixões do trabalho, Pedro Vianna da Costa e Faria; 4. O sentido da crença: suas funções epistêmicas e implicações para a teoria política de Hume, Lilian Piraine Laranja; 5. O Status do Fideísmo na Crítica de Hume à Religião Natural, Marília (...) Côrtes de Ferraz; 6. Da imaterialidade da alma: a desconstrução mais incisiva de Hume de um pressuposto metafísico, Marcos César Seneda; 7. A “irresistibilidade” e a “inevitabilidade” das crenças naturais e o caráter normativo da epistemologia de Hume, Claudiney José de Sousa; 8. Filosofia e vida comum na epistemologia de Hume, Marcos Fonseca Ribeiro Balieiro; 9. Hume e o relativismo moral, Flávio Zimmermann; 10. Hume e a vivacidade das crenças morais, André Luiz Olivier da Silva; 11. Virtudes sociais e refinamento na filosofia moral de David Hume, Andreh Sabino Ribeiro; 12. O movimento razão-crença na interpretação da teoria da motivação de Hume, Franco Nero Antunes Soares; 13. Sentimentos e Normatividade em David Hume segundo Annette Baier, Giovani Lunardi; 14. Simpatia e aprovação moral da justiça na filosofia de David Hume, Denize Carolina da Cunha & Nivaldo Machado; 15. Do eu como feixe de percepções ao eu das paixões: Hume e a identidade pessoal no Tratado, Susie Kovalczyk dos Santos; 16. Imaginação em Hobbes e Hume: cadeias mentais reguladas e princípios de associação, Andrea Cachel; 17. Hume e o princípio fundamental da filosofia moderna, Rafael Bittencourt Santos; 18. A conexão necessária entre Hume e Malebranche, Bruna Frascolla; 19. Realismo ontológico e antirrealismo epistemológico na problemática sobre o mundo externo em Hume, Leandro Hollanda; 20. Uma possível inversão kantiana da tese humeana da inércia da razão, Carlos Eduardo Moreno Pires; Nota sobre João Paulo Monteiro, Rolf Nelson Kuntz. (shrink)

I argue for the distinction between presuming that p and maintaining that presumably p. In order to make sense of this distinction, I defend a non-inferentialist conception of presumptions and offer an account of the correctness conditions for both presumptions and presumptive inferences. I characterize presumptions as a type of constative speech-act having certain semantic correctness conditions. In turn, regarding presumptive inferences, my strategy is to provide the correctness conditions for the use of an epistemic modal such as “presumably.” This (...) epistemic modal is characterized as a force indicator for speech-acts of concluding in complex speech-acts of arguing involving presumptive inferences. (shrink)

Following a Toulmian account of argument analysis and evaluation, I offer a general unitary schema for, so called, deductive and inductive types of analogical arguments. This schema is able to explain why certain analogical arguments can be said to be deductive, and yet, also defeasible.

Corporate social responsibility has become a much-discussed subject in the business world. The Internet has become one of the main tools for CSR information disclosure, allowing companies to publicise more information less expensively and faster than ever before. As a result, corporations are increasingly concerned with communicating ethically and responsibly to the diversity of stakeholders through the web. This paper addresses the main question as whether CSR information disclosure on corporate websites is influenced by country of origin and/or industry sector. (...) Analysing the websites of 127 corporations from emerging countries, such as Brazil, Chile, China, India, Indonesia, Mexico, Thailand and South Africa, it becomes evident that both country of origin and industry sector have a significant influence over CSR information disclosure on the web . Based on the data studied, country of origin has a stronger influence over CSRIDOW than industry sector. (shrink)

This paper studies Lamarck's scientific method both from the point of view of his methodological discourse and according to his scientific praxis. Lamarck's methodology is compared to Condillac's as well as to that of the idéologues - a group in which Lamarck is usually included. The analysis of this paper shows that Lamarck's methodological discourse is very similar to Condillac's, but his scientific praxis does not follow this view. Instead of following an empiricist approach, Lamarck's work is grounded upon general (...) metaphysical principles concerning nature. Thus, from the ideologues's point of view, Lamarck's work should have been rejected -and that is what really happened - as being a mere metaphysical system grupo no qual se costuma incluir o próprio Lamarck. Mostra-se que o discurso metodológico de Lamarck assemelha-se ao dos ideólogos; no entanto, sua prática científica não se coaduna com esse enfoque. Em vez de seguir uma abordagem empirista, a obra de Lamarck se fundamenta em princípios metafísicos gerais sobre a natureza. Sob o ponto de vista dos ideólogos, seu trabalho deveria ser rejeitado - o que de fato ocorreu - como um mero sistema metafísico - no sentido pejorativo utilizado pelos seguidores de Condillac. No entanto, o presente artigo argumenta que esse é justamente um importante e inovador aspecto da obra de Lamarck, que permitiu a eclosão do evolucionismo moderno. (shrink)

In order to further improve the complexity of chaotic system, a new four-dimensional chaotic system is constructed based on Sprott B chaotic system. By analyzing the system’s phase diagrams, symmetry, equilibrium points, and Lyapunov exponents, it is found that the system can generate not only both two-wing and four-wing attractors but also the attractors with symmetrical coexistence, and the dynamic characteristics of the new system constructed are more abundant. In addition, the system is simulated by Multisim software, and the simulation (...) results show that the results of circuit simulation and numerical simulation analysis are basically the same. (shrink)

Hample, Paglieri, and Na’s model of argument engagement proposes that people en-gage in arguments when they perceive the benefits of arguing to be greater than the costs of doing so. This paper tests the model in Romania, a different culture than the one in which the model was developed, by using a 2 x 2 design.

Corporate social responsibility (CSR) has become a much-discussed subject in the business world. The Internet has become one of the main tools for CSR information disclosure, allowing companies to publicise more information less expensively and faster than ever before. As a result, corporations are increasingly concerned with communicating ethically and responsibly to the diversity of stakeholders through the web. This paper addresses the main question as whether CSR information disclosure on corporate websites is influenced by country of origin and/or industry (...) sector. Analysing the websites of 127 corporations from emerging countries, such as Brazil, Chile, China, India, Indonesia, Mexico, Thailand and South Africa, it becomes evident that both country of origin and industry sector have a significant influence over CSR information disclosure on the web (CSRIDOW). Based on the data studied, country of origin has a stronger influence over CSRIDOW than industry sector. (shrink)

Discussion about values education has begun to dominate the educational policy agenda in a number of countries over the last 5 years. Of particular relevance are questions on what to teach, how and why. This discussion seems to be more prominent among those countries undergoing vigorous political, economic and social change. In the last few years, Mexico has intensified its active search for democracy and invigorated its march toward modernisation. Both of these intentions have proven to have important influences on (...) the values the Mexican state and educational policy makers see as necessary to be transmitted via education. Simultaneously, Mexican identity, which has evolved relatively consonant with the aims of a centralised and hierarchical state and in line with the principles of the 1910 Revolution, is being continuously challenged by internal as well as external forces. In this article we describe a study designed to understand the approaches to Mexico's values education as a particular instance of a larger comparative project to explore values education in a globally dynamic context. After describing Mexico's political economy, we present the current policy and approaches to values education in general and in the regions included in the Mexican study in particular. We present the findings from a survey to policy makers and educational élites and show regional differences and similarities. We discuss findings from other country contexts to contrast them with the Mexican findings in selected areas. We conclude with a discussion on how this study may help initiate a policy dialogue on values education in Mexico. (shrink)

The role and influence of workplace spirituality on individual and organisational outcomes continue to draw attention among management scholars. Despite this increased attention, extant literature has yielded limited insights particularly into the impact and influence processes of workplace spirituality on performance outcomes at both the individual and unit levels of analysis. Addressing this gap in research, we proposed and tested a multilevel model, underpinned by social cognitive theory, that examines the processes linking perceptions of workplace spirituality and performance outcomes at (...) the individual and organisational level of analysis. Data were obtained from 51 branches of a retail organisation in the United Kingdom. Results from structural equation modelling analysis revealed three salient findings. First, workplace spirituality was positively related to ethical climate, prosocial motivation, and moral judgment. Second, ethical climate partially mediated the relationship between workplace spirituality and prosocial motivation and moral judgment, respectively. Third, aggregated ethical climate significantly relates to branch-level helping behaviour and service performance. (shrink)

Este artigo objetiva fazer um resgate histórico da infância no Brasil a partir do período denominado filantrópico-higienista até os dias atuais. Inicia com o Movimento da Escola Nova, com a instauração sutil das formas de disciplinarização. Logo, a introdução da Psicologia nas políticas públicas se ..

However, the book, with its promising title, is in many ways disappointing. You may have expected to find a rare discussion between Habermas and Derrida, but there is no dialogue at all. Instead we are presented with two separate fairly short interviews conducted by Giovanna Borradori in New York just after 9/11. The interview with Habermas comprises twenty pages and the one with Derrida fifty-two pages. The rest of the book is written by the interviewer Borradori herself, who compares and (...) contrasts Habermas’s and Derrida’s positions in a rather didactic fashion. Considering that both interviews are easy to follow, such detailed commentary seems rather superfluous, although it may be of help to readers who are not familiar with the thought of the two philosophers. (shrink)

En Giving Reasons: A Linguistic-pragmatic-approach to Argumentation Theory (Springer, 2011), propongo un nuevo modelo para la evaluación semántica y pragmática de la argumentación. Este modelo se basa en una caracterización de la argumentación como un acto de habla compuesto de segundo orden. Explico las ventajas de este modelo respecto de otras propuestas dentro de la Teoría de la Argumentación, tales como la Pragma-dialéctica, la Lógica Informal, la Nueva Retórica o el Enfoque Epistémico.

Filósofos e historiadores da ciência oferecem explicações para cientistas aceitarem ou rejeitaremuma dada hipótese ou teoria, mas, de um modo geral, não apresentam critérios que permitamdeterminar de maneira clara o que seja aceitação e o que seja rejeição. Com o intuitode contribuir para elucidar este problema, foi proposto um método de análise em Martinse Martins, exemplificado pelo posicionamento do naturalista inglês William Bateson diante da teoria cromossômica, no período compreendido entre 1902 e 1926.O objetivo deste artigo é aplicar o método (...) de análise acima mencionado para esclarecer aposição adotada pelo zoólogo Thomas Hunt Morgan diante da hipótese/teoriacromossômica, no período compreendido entre 1903 e 1910-1911. Nossa análise mostraque Morgan rejeitou a teoria cromossômica no período considerado e que sua mudançarepentina de opinião se deveu a uma estratégia profissional. (shrink)

Political Parties and Social Movements : From the illusions of « current affairs » to a sociological perspective Two competing stereotypes can currently be identified in the debates within the radical left and insocial movements. One of these stereotypes postulates the death of political parties and prophesiesa political renewal animated by social movements. The other stereotype projects a resurrection ofthe party-structure and considers the role of social movements to be merely subaltern. The presentarticle adopts a position which is sociologically antithetical (...) regarding this issue : it begins by examining the numerous similarities between political parties and social movements and, more particularly, their shared vulnerability to the traits of professionalisation and the monopolisation of power.Contemporary social movements are not immune to such trends, despite repeated protestations oftheir commitment to horizontality. The article goes on to examine the process of differentiationwhich caused social movements to establish a specific space, separate from the political sphere. Inthe wake of this process, the political and the social appear to constitute two distinct universes,traversed by their own specific logics, while at the same time retaining relations which are both closeand fluctuating. (shrink)

From 26th to 28th of April 2016, it took place in the University of Granada a conference on presumptions, presumptive inferences and burdens of proof that, joint with other ongoing initiatives, has contributed to renew the interest of the argumentation community in analysing these notions and the relationships between them. This special volume of Argumentation consists of a selection of papers presented at this conference.

The chromosome theory of inheritance was established during the three first decades of the 20th century. During the early stage of its substantiating, there were lots of puzzles and little evidence that could validate it. The cytological processes were obscure and several scientists maintained serious doubts concerning the existence of a connection between Mendel’s principles and the behaviour of chromosomes during cell division. It was vital to associate an external, observable characteristic of the organism to a specific chromosome, and this (...) was achieved when sex was connected to special chromosomes. At that time, however, some important scholars refused to accept or delayed acceptance of the conception that the hereditary factors (later called genes) were physical entities located along the chromosomes. Such was the case of Thomas Morgan (1866-1945) and William Bateson (1861-1926). Their attitudes could be explained by considering the doubtful ground of the hypothesis at that time. It is more difficult, however, to understand the attitude of Edmund Beecher Wilson (1856-1939). Being an expert in cytology he was acquainted with all the difficulties concerning the chromosome hypothesis. Nonetheless, from 1905 onward, he attributed little weight to the problems and dedicated a notable effort to obtaining evidence that could have grounded it. This paper analyses Wilson’s attitude focusing on his studies from 1900 to 1915 and the scientific context of this period. This study led to the conclusion that Wilson’s attitude could be explained in methodological terms by the adoption of an instrumentalist attitude, while Bateson and Morgan adopted a realistic perspective. (shrink)

While previous research has suggested that adults with a history of childhood sexual abuse may be more prone to produce false memories, little is known about the consequences of childhood neglect on basic memory processes. For this reason, the authors investigated how a group of women with a history of childhood emotional neglect and diagnosed with recurrent Major Depressive Disorder performed on the Deese–Roediger–McDermott paradigm in comparison to control groups. The results indicated that women with MDD and CEN were actually (...) less prone to produce false memories relative to both women with MDD but no CEN and healthy women without MDD and any form of childhood maltreatment. These findings were explained in terms of the inability to extract/retrieve gist memories that support false recognition of critical lures, an explanation that seems to fit well with emerging MRI findings linking childhood neglect to reduced volume of brain regions associated to memory function. (shrink)

O texto concentra-se em parte do livro Questioning Technology, especialmente o capítulo “Os limites da racionalidade técnica”, no qual Andrew Feenberg aborda temas como: Planos e códigos técnicos, Progresso e racionalidade, O modelo de arbitragem, Regulação Técnica. Todos eles extremamente relevantes para a pesquisa desenvolvida pelo Núcleo de Estudos do Pensamento Contemporâneo da UFMG, no Brasil, desde 2009, em torno da aplicação das novas biotecnologias, especialmente aquelas voltadas para os seres humanos não só para fins terapêuticos, mas para o objetivo (...) de um suposto melhoramento. O texto tem como ponto de partida o pensamento de Feenberg para levantar uma série de questões centrais para o avanço da reflexão e debate sobre este incontornável problema, a maioria das quais o autor respondeu no Colóquio sobre a Filosofia da Tecnologia de Andrew Feenberg: democracia, racionalidade e invenção ou posteriormente via e-mail. (shrink)

The World Unclaimed argues that Heidegger's critique of modern epistemology in Being and Time is seriously flawed.

ExcerptAfter World War II, Carl Schmitt suddenly disappeared from the public stage in the newly built German society. Although his public position in the Reich after his defamation by the SS in 1936 cannot be compared to his former status as a well-known professor of constitutional law and a member of the Prussian privy council, his presumed proximity to the Nazi Reich disqualified him completely from any further official position. Schmitt's idea to improve his situation was to cooperate with his (...) daughter Anima on the translation of his books, as she was keen on languages and had started working as…. (shrink)

ExcerptThe great dramatic work of art that bears the name Hamlet is, in the core of its action and the main character, nothing other than the dramatized story of a real king named James, James Stuart, son of Mary Stuart and her husband. James's father was murdered, and his mother married the murderer shortly afterward. What Mary Stuart, the mother of King James, did was bad, almost as bad “As kill a king, and marry his brother.” Shakespeare's Hamlet drama is (...) grounded then in a direct relation to the times. It contains the kind of dramatization that results from participation…. (shrink)