An interdisciplinary examination of the epistemology of legal history, which deals with such basic concepts as the subject, object, limits, and internal structure of legal-historical cognizance. Section headings: The evolution of legal-historical cognizance. On the foundations and limits of the subject of legal-historical cognizance. Disciplinary space of legal-historical cognizance. Philosophical historical discourse in legal comprehension.

Scholars have focused on algorithms used during sentencing, bail, and parole, but little work explores what we term “carceral algorithms” that are used during incarceration. This paper is focused on the Pennsylvania Additive Classification Tool used to classify prisoners’ custody levels while they are incarcerated. Algorithms that are used during incarceration warrant deeper attention by scholars because they have the power to enact the lived reality of the prisoner. The algorithm in this case determines the likelihood a person would endure (...) additional disciplinary actions, can complete required programming, and gain experiences that, among other things, are distilled into variables feeding into the parole algorithm. Given such power, examining algorithms used on people currently incarcerated offers a unique analytic view to think about the dialectic relationship between data and algorithms. Our examination of the PACT is two-fold and complementary. First, our qualitative overview of the historical context surrounding PACT reveals that it is designed to prioritize incapacitation and control over rehabilitation. While it closely informs prisoner rehabilitation plans and parole considerations, it is rooted in population management for prison securitization. Second, on analyzing data for 146,793 incarcerated people in PA, along with associated metadata related to the PACT, we find it is replete with racial bias as well as errors, omissions, and inaccuracies. Our findings to date further caution against data-driven criminal justice reforms that rely on pre-existing data infrastructures and expansive, uncritical, data-collection routines. (shrink)

Religion has been in general neglected or even seen as a taboo subject in organizational research and management practice. This is a glaring omission in the business and society and business ethics literatures. As a source of moral norms and beliefs, religion has historically played a significant role in the vast majority of societies and continues to remain relevant in almost every society. More broadly, expectations for responsible business behavior are informed by regional, national, or indigenous cultures, which in many (...) parts of the world are heavily influenced by religious belief systems and religious institutions. In this essay, we discuss examples of how religion has functioned as a macro social force affecting business and society, discuss some of the key questions and issues related to research in this domain, offer some observations about why religion may be problematic with regard to its effects on business, and conclude by summarizing the articles contained in the special issue. (shrink)

Anchored in stakeholder theory, the study aimed at examining the extent of voluntary human capital disclosures in annual reports of top 20 Bangladeshi and Indian listed companies. In addition to qualitative content analysis of the annual reports for the year 2010–2011, this study also conducted a series of in-depth interviews with a range of stakeholders of the companies of both the countries to understand their views on voluntary HC disclosures in corporate annual reports. It was found that the level of (...) voluntary HC disclosures was very low in case of the companies of both the countries. Moreover, it was observed that HC disclosures of companies mostly composed of positive information. From the views of stakeholders, it was evident that stakeholders unanimously recognized the necessity of credible HC disclosures in corporate annual reports. The HC disclosure index framed in this study may be useful in developing a South Asian model of corporate HC disclosures. This study contributes to the existing literature on HC disclosures where there has been a distinct lack of engagement-based research works. (shrink)

Firms are central to wealth creation and distribution, but their role in economic inequality in a society remains poorly studied. In this essay, we define and distinguish value distribution from value creation and value appropriation. We identify four value distribution mechanisms that firms engage in and argue that shareholder wealth maximization approach skews the value distribution toward shareholders and top executives, which in turn contributes to rising economic inequalities around the world. We call on organizational scholars to study the value (...) distribution role of firms and its consequences for society, and introduce the articles in this volume of the special issue on economic inequality, business, and society. (shrink)

“The journey (the [filmic] narrative) is made by the traveler (the viewer) step by step, pebble by pebble, cue by cue.”Flashbacks in Film: A Cognitive and Multimodal Analysis is devoted to explaini...

In perturbative quantum gravity, the sum of the classical Lagrangian density, a gauge fixing term and a ghost term is invariant under two sets of supersymmetric transformations called the BRST and the anti-BRST transformations. In this paper we will analyse the BRST and the anti-BRST symmetries of perturbative quantum gravity in curved spacetime, in linear as well as non-linear gauges. We will show that even though the sum of ghost term and the gauge fixing term can always be expressed as (...) a total BRST or a total anti-BRST variation, we can express it as a combination of both of them only in certain special gauges. We will also analyse the violation of nilpotency of the BRST and the anti-BRST transformations by introduction of a bare mass term, in the massive Curci-Ferrari gauge. (shrink)

In this paper, we will analyse the superloop space formalism for a four dimensional supersymmetric Yang–Mills theory in deformed superspace. We will deform the \ superspace by imposing imposing non-anticommutativity. This non-anticommutative deformation of the superspace will break half the supersymmetry of the original theory. So, this theory will have \ supersymmetry. We will analyse the superloop space duality for this deformed supersymmetric Yang–Mills theory using the \ superspace formalism. We will demonstrate that the sources in the original theory will (...) become monopoles in the dual theory, and the monopoles in the original theory will become sources in the dual theory. (shrink)

This paper discusses translation practices from a historicist viewpoint, contextualizing them in their emerging “episode.” The latter is a concept drawn from sociology of literature and accounts for the rise of certain discourses and ideologies in a society. On the basis of the argument that translation practices are informed by the general literary and socio-cultural milieu in which they are produced and consumed, the paper studies the translators’ prefaces to three translations published between 1953 and 1978—a period dominated by Leftist (...) and Marxist discourse in Iran. Drawing on a historically oriented model which holds that the translator’s ideology is revealed at the moment in which he/she chooses a text, and continues through the discourse he/she develops to translate that text, the research embarks on studying translation practices on two levels of choice mechanism and prefaces. Prefaces are discussed in the light of the dominant ideology of representation that is characterized by a revolutionary discourse. The research demonstrates that these translators opted for a strategy that incorporates the translations in the Persian cultural setting with minor changes in a way that politicizes the foreign literature. (shrink)

Clothes laundering are necessary during their cycle life, and the mechanical forces exposed to fabrics during laundering were caused to wrinkle. Therefore, in this paper, the wrinkle of the cotton fabric after home laundering was evaluated based on their characteristic. The washing process was done without any softener as toxic material. For this purpose, experimental and theoretical evaluations were conducted. In experiments, the cotton fabrics in various characteristics were washed by washing machine without any softener in special adjustments. The wrinkle (...) of the samples was rated based on the light line method. Theoretical evaluations were studied by the development of a new type-2 fuzzy neural network. In this model the thickness, weight, warp and weft density per inch, warp and weft Tex as linear density, and cover factor of the fabric in warp and weft directions were considered as input parameters and the wrinkle grade of the washed fabric was output. Analysis of the modeling and experimental results illustrates that when eight mentioned parameters were selected as inputs, the mean square error, root mean square error, and mean absolute error of the model were decreased in comparison of the models with two, four, and six inputs. According to this fact, all of the input parameters have an effect on the wrinkle of the cotton fabric after the washing process. (shrink)

John Milbank contends that modernity's attempt to establish an autonomous and secular realm for finite reality derives from a theological error originating primarily in the thought of Duns Scotus. Here both divine and finite reality share in a transcendental univocal Being that understands the divine as merely an extrinsic presence. Addressing this error, Milbank seeks to return to a participatory orthodoxy. This article will argue that in such a return Milbank qualifies in important ways the classical understanding of God's relation (...) to creation and the divine attributes, allowing for a panentheist reading of his work that is both asymmetrical and dipolar in character. (shrink)

© The Author. Published by Oxford University Press on behalf of the Oxford Centre for Islamic Studies. All rights reserved. For Permissions, please email: [email protected] book is impressive in some respects, disappointing in others. On the one hand, it draws on an extraordinary range of sources and shines a helpful light on some of the less well known aspects of Mawdūdī’s thought and of the Jamāʿat-i Islāmī that he founded. On the other, it has some gross infelicities, including a murderous (...) translation of an Urdu poem.Abū l-Aʿlā Mawdūdī was a major Muslim thinker of the twentieth century. Hartung is not the first to note that Mawdūdī presents Islam as a system of life, but he certainly is the first to bring out, painstakingly, methodically and against a rich and complex historical background, how Mawdūdī, as Hartung puts it, ideologizes Islam. The long opening chapter of the book... (shrink)

Today’s education system needs to be global. ‘World Class Education’ involves a globally accepted high standard of education. Every country needs an increasing number of highly educated people and skilled professionals in order to integrate into the globalization process. These professionals include scholars, philosophers and leaders with vision. Leaders are our human capital. The state must provide opportunities for higher education to create human capital that meets global standards. The overall development of a society is largely determined by the quality (...) of its education, especially higher education. A well-educated, well-trained population could propel a nation towards rapid economic growth. Despite lack of natural resources, countries such as Japan, Korea and Singapore have made rapid economic progress. This was because they invested heavily in education and training. On the other hand, countries such as Nigeria or Congo, despite enormous natural resources, are poor and backward because of large-scale illiteracy and lack of skilled workforce. The aim of education is to create well-trained, competent and progressive individuals who can perform all kinds of tasks and take on a lot of responsibilities. Higher education is the stage of education that takes place at the post-secondary level, and is provided mostly and most meaningfully by universities. A university introduces its students to discussions and debates that prevail in various disciplines and fields of knowledge. The objective of a university is not only to create and disseminate knowledge but also to develop human resources that will accelerate the socio-economic development of the nation. This is possible only when the employees working in these universities are motivated and empowered. To achieve this objective, universities must restructure and redesign their HRD practices and processes. In this background, the present article analyzes the existing HRD practices and processes in 10 leading universities in India and how should these universities go about transforming their HR systems and mechanisms to meet the rapidly changing environmental demands. The research approach and methodology adopted to carry out this study includes collection of primary and secondary data. Primary data has been collected by administering a well-structured and well-designed questionnaire on HRD climate survey developed by XLRI Jamshedpur. The questionnaire had been administered to 1,000 respondents selected from the 10 leading universities of India. Data from both the sources were analyzed statistically by applying various statistical tools and techniques to find the conclusions, based on which the guidelines, recommendations and policy implications were made for the improvement of HRD practices in the universities. (shrink)

El propósito de esta investigación es tratar de hacer una aproximación al pensamiento metafísico de Nicolás de Cusa partiendo de su libro La caza de la sabiduría, en las siguientes fases: 1. En primer lugar, pretendo contextualizar al autor, principalmente aquellos aspectos que han marcado notoriamente su pensamiento, como son por ejemplo el comienzo del renacimiento, su papel en la defensa de la unidad de la iglesia, la presencia del pensamiento aristotélico y platónico en la época en que vivió, etc. (...) Trato de destacar lo que considera las claves hermenéuticas para la comprensión de su pensamiento filosófico. 2. A continuación, analizo los temas tratados en esta obra, remarcando las grandes cuestiones Cusanas, a medida que van siendo incoadas. Cito algunas de las discusiones planteadas en la bibliografía referentes a la interpretación que diferentes autores han ido haciendo, y trato de aportar luces tras la lectura e interpretación del libro La caza de la sabiduría. 3. Finalmente presento una serie de conclusiones con mi parecer personal acerca de algunas de las cuestiones más debatidas en la bibliografía consultada. (shrink)

BackgroundThere are numerous challenges in the consultation services of the Hospital Ethics Committees (HEC) that can impact the means of providing healthcare. This review aimed to identify the main challenges in the application of consultation services of the HEC and propose possible solutions.MethodsThis systematic review was conducted through searching electronic databases including PubMed, Scopus, Science Direct, ProQuest, and Embase. Inclusion criteria included studies published in English language in a peer-reviewed journal, from 2000 to 2019 were identified, which clearly defined the (...) design, method, and results of the study. Study selections, quality assessments, data extraction, and analysis were completed by two researchers, independently. The thematic analysis was used to analyze the data.ResultsThe search yielded 1204 articles and 6 of these, included the analyses. Challenges were categorized into 9 themes: (a) personal views and believes in healthcare professionals, (b) sense of fear in the healthcare professionals, (c) medical culture, (d) environmental factors, (e) managerial and structural factors, (f) characteristics of the HEC members, (g) factors related to the HEC, (h) problematic process for HEC consultations, and (i) weakness of knowledge about HEC. Accordingly, proposed solutions were organized according to five themes: reforming the HEC executive processes, creating the appropriate communications, developing awareness about HEC, improving the competencies of HEC members, and (e) receiving support from HEC consultations.ConclusionsThis review highlights that proposed solutions serve as examples of strategies, which attempt to solve challenges related to the application of the consultation services of HEC by healthcare professionals. (shrink)

Whitehead’s understanding of efficient causation is developed in reaction against the prevailing worldview of his scientific and philosophical predecessors’ material abstraction, bodily sensationalism, subject-object bifurcation, and partial subjectivism. Whitehead believed these ideas precluded the development of any satisfactory account of causal relation and connectivity. His response is to offer a forensic account of the nature of subjective experience within which causal efficacy could be accommodated. Yet Whitehead’s position has its own problems. In response, this article argues for a primordial basis (...) to causal connectivity and for understanding physical causation in terms of conceptual realization. (shrink)

The expropriation of marginalized women’s labor is a key issue in business ethics in these times of global outsourcing and informal work arrangements. This has led to a transnational advocacy movement for securing the labor rights of homeworkers, who are poor women working on piece-rate contracts out of their homes. Drawing on materialist feminism, our paper critically explores the homeworker network in Pakistan, that was set up as part of a global push by international institutions and networks to localize the (...) issue across geographies. Our focus is the national women’s NGO that leads advocacy efforts on the issue in the country and its relationship with other actors. Through fieldwork spanning 3 years we find that the network employs a top-down ‘us versus them’ approach in advocacy and mobilization. The race-to-the-bottom between the network’s national and district-level actors for donor funding further undermines prospects for developing indigenous narratives of resistance. The network, while mission bound to enhance the collective agency of its constituency, has depoliticized what should have been a class-based feminist struggle. From a materialist perspective, we conclude that the NGOized network rests upon and feeds off of its constituency, creating an additional layer of primitive accumulation over the workers it represents. (shrink)

Hijab – covering of a Muslim woman's body – is the most visible Islamic mandate. For a century it has been a major site of ideological struggle between traditionalism and modernity, and a yardstick for measuring the emancipation or repression of Muslim women. In recent decades hijab has become an arena where Islamist and secular feminist rhetoric have clashed. For Islamists, hijab represents their distinct identity and their claim to religious authenticity: it as a divine mandate that protects women and (...) defines their place in society. For secular feminists, hijab represents women's oppression: it is a patriarchal mandate that denies women the right to control their bodies and to choose what to wear. The clash has been particularly strident in Iran, where the state has twice intervened with legislation to an extent that no other Muslim country has experienced. Iran, too, has been a prime site for the emergence of `Islamic feminist' discourses that speak of hijab not as a `duty,' but as a `right,' and as a social rather than a religious mandate, and finds juristic arguments to support this position. This article traces the genealogy of this new juristic position from notions of hijab in classical Islamic jurisprudence (fiqh). It documents how jurisprudential positions and notions of hijab in Iran evolved in response to socio-political factors. It concludes by highlighting wider implications of the new juristic position on hijab for establishing common ground between secular feminist and Islamic discourses. (shrink)

Scholars of business and management studies have recently turned their attention to inequality, a key issue for business ethics given the role of private firms in transmitting—and potentially challenging—inequalities. However, this research is yet to examine inequality from a subaltern perspective. In this paper, we discuss the alleviation of inequalities in organizational and institutional contexts by drawing on the ideas of Dr. B. R. Ambedkar, a jurist, political leader and economist, and one of the unsung social theorists of the twentieth (...) century. Specifically, we focus on Ambedkar’s critique of the Indian caste system, his outline of comprehensive reform, and prescription of representational politics to achieve equality. We contend that an Ambedkarite ethical manifesto of persuasion—focussed on state-led institutional reforms driven by the subaltern—can help management researchers reimagine issues of inequality and extend business ethics beyond organizational boundaries. (shrink)

John Milbank’s theology argues for a return to the participatory ontology of the pre-moderns in which actuality is understood as rooted in intimate relation to the divine. He rejects modernity’s notion that finite reality can be understood as occupying its own space independent of God. In this context he develops the notion of finite “making” as coincident with the finite realization of the divine. This paper develops how the notion of “coincidence” can be applied to Whitehead’s thought, allowing for an (...) identification of God with creativity and finite “making,” seeking to provide a more theologically satisfying account of God’s relation to creativity. (shrink)