Journal articles on the topic '1930-2008 Criticism and interpretation'
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1
Siregar, Fritz Edwadr. "Indonesia Constitutional Court Constitutional Interpretation Methodology (2003-2008)." Constitutional Review 1, no. 1 (March 28, 2016): 1. http://dx.doi.org/10.31078/consrev111.
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Nine Indonesian Constitutional Justices have the authority to annul a law drafted by 550 Parliament members and the President. The Constitutional Court of the Republic of Indonesia (“the Court”), particularly in deciding cases of judicial review, has the capability to declare words, sentences, paragraphs, articles or the law unconstitutional. Consequently, it is essential for the Court to take into account legal arguments. The fundamental element of these legal arguments is constitutional interpretation, which serves as a parameter in determining constitutionality of the laws. However, in exercising its authority, the Court needs to interpret the Constitution as a basis for deciding a case. The standards for determining the constitutionality of a law must be the text of the Constitution, not what the judges would prefer the Constitution to mean. Constitutional supremacy necessarily assumes that a superior rule is what the Constitution says it is, not what the judges prefer it to be. [Craig R. Ducat: E3]. The Court period 2003–2008 were the Court’s the formative years, and as such are important to understand the methodology and interpretative approaches adopted by the Court. Many observers of the Court’s early decisions are still unsure of the overarching approach and methodology adopted by the Court. Thus, there is a need for a close analysis and criticism of the Court’s early decisions to determine which methods and approaches it has adopted and whether these are appropriate in the Indonesian context. The Court has openly referred to the experiences of foreign jurisdiction in constitutional law, and therefore it would be appropriate to analyze the court’s decisions in a broader comparative context of constitutional interpretative approaches from around the world.
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Winarni, Retno, Ratna Endang Widuatie, Tri Chandra Aprianto, and Nurhadi Sasmita. "Perkembangan Perkebunan Partikelir di Jember (1850-an – 1930-an)." Historia 4, no. 1 (July 30, 2021): 1. http://dx.doi.org/10.19184/jhist.v4i1.28427.
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This study was aimed to track how the history of plantations in Jember from the 1850s-1930s. When did plantations arise in Jember? What types of plants were developed on Jember plantations? How was the development of the plantation quantitatively? And what was the impact of the existence of plantations on the development of Jember and its people. The method in this study is a historical method which includes heuristic, criticism, interpretation and historiography. The results of this study are that plantations in Jember developed along with the development of colonial power in the Belada Indies, precisely since the VOC era, but experienced rapid development starting from the implementation period culture stelsel, but reached its peak in liberal times, and plantations also experienced a period of ebb as colonial power receded as well. The conclusion is that there is a parrarel relationship between plantation development and the development of colonial power.
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Mincheva, Elitsa. "Case Report on Kadzoev, 30 November 2009." European Journal of Migration and Law 12, no. 3 (2010): 361–71. http://dx.doi.org/10.1163/157181610x520418.
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AbstractThe detention periods authorized by Directive 2008/115 sparked significant criticism both within and without the EU. In its preliminary ruling of 30 November 2009, the Court of Justice countered concerns that a further erosion of the fundamental rights of irregular migrants might occur due to a broad interpretation of the directive by national courts.
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Imadudin, Iim. "PERDAGANGAN LADA DI LAMPUNG DALAM TIGA MASA (1653-1930)." Patanjala : Jurnal Penelitian Sejarah dan Budaya 8, no. 3 (May 5, 2017): 349. http://dx.doi.org/10.30959/patanjala.v8i3.14.
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This article aims to reveal the dynamics of the pepper trade in Lampung in three political systems. The study uses historical method consists of heuristics, criticism, interpretation, and historiography. The struggle for influence in the region is created in the pattern of domination and subordination. Lampung as the pepper producer is under the influence of Banten, VOC, and the Dutch government. Thus, it is inevitable that there isthe economic exploitation in the relationship. The study shows that the dynamics of the pepper trade in Lampung cannot be separated from the various competing parties. The players are Sultanate of Banten, VOC, and the Dutch government. However, the role of local elites of Lampungis also taken into account. The waning of pepper trade, in addition to internal factors such as not optimal maintenance of pepper garden, also due to lower demand from the international market. The monopoly factor of the pepper trade by foreign powers also crushes the pepper trade system that has lasted long enough.
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Mansyur, Mansyur. "MIGRASI DAN JARINGAN EKONOMI SUKU BUGIS DI WILAYAH TANAH BUMBU, KERESIDENAN BORNEO BAGIAN SELATAN DAN TIMUR, 1930-1942." Jurnal Sejarah Citra Lekha 1, no. 1 (February 27, 2016): 24. http://dx.doi.org/10.14710/jscl.v1i1.11850.
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The Bugis migration to Tanah Bumbu, Afdeeling Pasir en de Tanah Boemboe, Residentie Borneo’s Zuid en Oosterafdeeling continued until the early decades of the 20th century, especially in 1930-1942. It was indirectly indicates how strong economic motives of the Bugis. In an effort to survive in the midst of economic depression or malaise, Bugis migrants "creates" economic adaptation strategy to establish a network of fisheries Ponggawa (skipper) Bugis in the early 1930's. Most migrant Bugis also tried farmer (bahuma) for copra and coconut planting. Plantation crops are suitable and almost the same as plantation crops in South Sulawesi. In addition, in the field of marine migrant boat Bugis also developed business people to serve the marine transportation. This study uses the history of the historical method, which is a method to test and analyze critically the recording and relics of the past. The historical method comprises step heuristics, criticism of sources (external and internal), interpretation and historiography.
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Carroll, Claire E. "Another Dodecade: A Dialectic Model of the Decentred Universe of Jeremiah Studies 1996—2008." Currents in Biblical Research 8, no. 2 (December 17, 2009): 162–82. http://dx.doi.org/10.1177/1476993x09346504.
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In the years since the publication of Robert Carroll’s ‘Surplus Meaning and the Conflict of Interpretations: A Dodecade of Jeremiah Studies (1984—95)’, in Currents 4 in 1996, major paradigm shifts in biblical studies have resulted in an unprecedented level of innovation. Increased engagements with the element of chaos in the text and the resultant innovative encounters with this problematic scriptural material include influential contributions from philosophy, cultural and literary theories. The present review surveys the current state of the field of Jeremiah studies by tracing the impact of post-structuralist methodologies of decentring on ways of thinking about and engaging with Jeremiah. It argues that in the aftermath of the widely acknowledged end of the hegemony of historical-criticism as the dominant paradigm of biblical interpretation articulated by Perdue as ‘the collapse of history’, Jeremiah studies has taken on the shape and nature of a dialectic between the principles of order and chaos.
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Jodi, Jergian, and Badrun Badrun. "Eksistensi Kawasan Pecinan dalam Bentuk Pemenuhan Tata Ruang Kota Jember, 1930-1970." Local History & Heritage 2, no. 1 (May 23, 2022): 38–44. http://dx.doi.org/10.57251/lhh.v2i1.330.
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The formation of the district of Jember was influenced by Europeans who were interested in establishing a plantation in Jember. Jember which was originally part of the Bondowoso afdeeling then on January 9, 1883 the Governor of the Dutch East Indies made a change to a separate afdeeling and in 1928 the Dutch East Indies government issued a regulation to increase the status to Regentschap Djember as a district. Changes in status caused a large number of migrants to come, especially ethnic Chinese who made their place of residence namely the Chinatown village. The Chinatown area which is located in the city center is not only their place of residence, but their economic activities are also carried out in the area. The objectives to be achieved in this article are: (1) to determine the process of the formation of the Chinatown area in Jember Regency, (2) to determine the influence of the Chinatown area on the spatial planning of the city of Jember, 1930-1970. The method used in this study is a historical research method that contains four points, including: heuristics (data collection), verification (source criticism), interpretation, and historiography.
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Fagniez, Guillaume. "Karl Löwiths Kritik der geschichtlichen Existenz." Deutsche Zeitschrift für Philosophie 67, no. 5 (December 2, 2019): 789–804. http://dx.doi.org/10.1515/dzph-2019-0058.
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Abstract This paper examines the “critique of historical existence” as a main theme in Karl Löwith’s philosophical works and discusses its emergence, its exact meaning and its contemporary relevance. First, the study shows that Löwith’s critique of History stems from his preoccupation with the question of nihilism. He first discusses the question of “the world as such” in the 1920’s in the context of his anthropological project, and then again in the 1930’s as part of his interpretation of the work of Nietzsche. Secondly, a distinction is proposed between, on the one hand, Löwith’s investigation into the “theological background of the philosophy of history” and, on the other hand, his radical criticism of history as a “historical world”. Finally, the paper sheds light on the difficulties that challenge the project of overcoming the modern historical paradigm, and goes on to discuss the new relevance that Löwith’s philosophy could have today in order to think anew the relationship between nature and history.
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Hana, Muhamad Yusrul. "Dinamika Sosio-Ekonomi Pedagang Santri dalam Mengembangkan Industri Kretek di Kudus, 1912-1930." JUSPI (Jurnal Sejarah Peradaban Islam) 2, no. 1 (July 31, 2018): 15. http://dx.doi.org/10.30829/j.v2i1.1420.
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<p><em>This paper explain about study on local history on the economic action of santri trader in kretek industry in Kudus 1912-1930. The early trading system of kretek cigarettes was dominated by santri trader until Chinese began producing kretek cigarettes as well, which causes significant profit decline for santri trader. It raised socio-economic tension between the two ethnic due to economic rivalry relations. In the middle of 1912, Chinese merchants started taking over kretek cigarettes market in Kudus. The rivalry matters turns out to be a competition and reach its peak on October 1918 when santri Kudus commence attacking and destroying homes and shops owned by chinese. The falling economic of Chinese, has made Nitisemito and H.M Muslich (Santri trader figure) motivated to maximize their ability in developing kretek cigarette trading system in Kudus. There are several main points that will be explained furthermore in this study. First, the depict of construction between santri traders and chinese merchants in Kudus, second, the effort of Nitisemito and H.M. Muslich in founding kretek cigarettes factory, third, understanding of sosio-economic patterns and economic action of santri trader in Kudus. The methode that be used in this study is historical research contains heuristic, criticism, interpretation, and historiography.</em></p><p><strong>Keywords: </strong>economic action,<strong> </strong>santri trader, kretek industry</p>
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Mutiarani, Diana, Arif Permana Putra, and Ana Nurhasanah. "Perkembangan Untirta Tv Tahun 2008-2013." Reslaj : Religion Education Social Laa Roiba Journal 4, no. 4 (February 23, 2022): 940–58. http://dx.doi.org/10.47467/reslaj.v4i4.1024.
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This study aimed to determine the development of Untirta TV in 2008-2013. This research method is historical, includes heuristics (data collection), source criticism, interpretation, and historiography. Data collection techniques with interviews, observations, and documentation were carried out at Untirta TV. The results of this study indicate that the forerunner to the birth of Untirta TV campus community television in 2008 was community television as a laboratory facility for television broadcast production courses. Untirta TV aims to prepare human resources who excel in communication science and have academic insight to compete in the practical world in real life in society. In its development in 2009-2013, it went through a long process to obtain a broadcasting operation permit (IPP). In 2009 Untirta TV was inaugurated as a community television and was the first broadcast on electronic mass media screens, namely analog-based conventional television using Ultra High-Frequency transmitters. Furthermore, in 2010-2012 Untirta TV struggled to get a Broadcasting Operation Permit (IPP). In 2012 Untirta TV succeeded in obtaining the first stage of the Broadcasting Operation Permit (IPP) from the Ministry of Communication and Information, namely conducting a trial. one year for television broadcasts. Furthermore, in 2013, the trial period for the broadcasting license has ended. It can be extended once until a permanent broadcasting operation license (IPP) is obtained. In 2013, along with increasingly rapid technological developments, Untirta TV finally switched to using a new mass media, namely the online media YouTube. Untirta TV community television contributed to the field of education in 2009-2013, namely as a forum for the aspirations and information of the Untirta TV academic community that is educative by holding a program of activities both internal and external activities carried out by Untirta TV as a medium of communication for students of Sultan Ageng Tirtayasa University.
Keywords: Progress, Community Television, Untirta TV, YouTube
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Pusparani, Rina, Nuraida Kubangun, and Efilina Kissiya. "SISTEM PEMERINTAHAN NEGERI DI PULAU AMBON DAN PULAU-PULAU LEASE (1824-2008)." PEDAGOGIKA: Jurnal Pedagogika dan Dinamika Pendidikan 5, no. 2 (February 5, 2020): 69–90. http://dx.doi.org/10.30598/pedagogikavol5issue2page69-90.
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Government land on the island of Ambon and Lease Islands experienced changes very significantly in each period. For this study wanted to see how the development of the State Government in Central Maluku in the early 20th century until 1942. To get an answer to problems above do research using the historical method consists of four stages: heuristics, external and internal criticism, interpretation and historiography. In analyzing the dta applied to some of the concepts and theories of other social sciences to get a historical explanation. The results of this study concluded that the rules regulating government turns the country on the island of Ambon and Lease Islands is not just limited to 2004 because there are rules issued by the local government to better explain the procedures for land administration system on the island of Ambon and Lease Islands. From 1824 until now there have been changes in the lowest administration system in Indonesia, including Maluku, causing conflict between communities within a country on the island of Ambon and Lease Islands. For the archives of these rules will respont the problems that have been faced by people in Maluku.
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Malinkin, Alexander. "To the History of Russian Sociology of the 1920–1930s: Soviet Marxism vs “Sociology of Knowledge”." Sociological Journal 27, no. 3 (September 28, 2021): 147–74. http://dx.doi.org/10.19181/socjour.2021.27.3.8428.
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In the 1920’s Marxism, having become the state ideology of Soviet Russia, took a leading position among the political ideologies of Europe in terms of its influence on the minds and hearts of people. The teachings of K. Marx and F. Engels received various interpretations, among which “sociology of knowledge” in the interpretation of M. Scheler and K. Mannheim earned the most recognition in the academic environment. It originated in Germany in the mid 1920’s as a result of criticism of the Marxist “theory of ideology”, of “economist” limitations of the materialistic vision of man, of history and society. In the USSR “sociology of knowledge” was understood to be the most refined attempt to overcome Marxism. The essential characteristics of Marxism and “sociology of knowledge” as interpreted by K. Mannheim are revealed, while being subjected to comparative and critical analysis. The first reaction of Soviet Marxist sociologists to “sociology of knowledge” is analyzed. In the light of this reaction, it was presented as “social fascism”. The specifics of how the teachings of K. Marx and F. Engels existed in the USSR during the 1920s–1930’s are evaluated. “Historical materialism” is qualified as a sociological methodology of suspicion, and the practice of its application by the Bolsheviks as a form of discrimination and persecution in society based on social class and social group affiliation.
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Ermayanti, Dewi. "KEPOLISIAN DAERAH JAMBI (1996 – 2008)." Istoria: Jurnal Ilmiah Pendidikan Sejarah Universitas Batanghari 5, no. 2 (January 11, 2022): 96. http://dx.doi.org/10.33087/istoria.v5i2.128.
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AbstrakPenelitian ini bertujuan untuk mengetahui, dan memberikan penjelasan tentang bagaimana peranan Kepolisian Daerah Jambi dalam memberikan pelayanan kepada masyarakat dalam kurun waktu 1996 – 2008. Metode penelitian yang digunakan adalah metode sejarah, meliputi tahapan heuristik, kritik sumber, interprestasi, dan historiografi. Sumber sejarah yang digunakan berupa dokumen ataupun laporan resmi, buku-buku, artikel makalah, lewat studi kepustakaan, serta ditambah dengan hasil wawancara. Pendekatan yang digunakan yaitu langkah-langkah dan arah analisisnya, oleh karena itu sebagai landasan konseptual penulis menggunakan konsep Kepolisian Daerah Jambi dalam kurun waktu 1996 – 2008. Perilaku individu dalam kesehariannya hidup bermasyarakat berhubungan erat dengan peran. Hasil penelitian menunjukkan bahwa demokratisasi dan civil society menjadi dambaan masyarakat. Masyarakat menginginkan Polisi yang profesional. Polisi sipil yang humanis dan bersahabat dengan masyarakat menjadi sesuatu yang mutlak. Polda Jambi dituntut melakukan berbagai perubahan dengan menghadirkan strategi perubahan dalam memberikan perlindungan, pengayoman, dan pelayanan kepada masyarakat. Apabila Polda Jambi tidak melakukan strategi perubahan mengikuti perkembangan masyarakat, maka sudah bisa dipastikan kamtibmas yang diinginkan oleh masyarakat Jambi sulit tercapai.Kata Kunci : Kepolisian, Daerah, JambiAbstractThis study aims to determine, and provide an explanation of how the role of the Jambi Regional Police in providing services to the community in the period 1996 – 2008. The research method used is the historical method, including heuristic stages, source criticism, interpretation, and historiography. The historical sources used are in the form of documents or official reports, books, paper articles, through literature studies, and added with the results of interviews. The approach used is the steps and direction of the analysis, therefore as a conceptual basis the author uses the Jambi Regional Police concept in the period 1996 - 2008. Individual behavior in daily life in society is closely related to roles. The results of the study show that democratization and civil society are the people's dreams. People want professional police. Civilian police who are humanist and friendly to the community are an absolute must. The Jambi Regional Police are required to make various changes by presenting a change strategy in providing protection, protection, and services to the community. If the Jambi Police do not implement a change strategy following the development of the community, it is certain that the Kamtibmas desired by the Jambi people will be difficult to achieve.Keywords: Police, Region, Jambi
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Mari, Lorenzo. "Old and New Names. Afropolitanism, Failed-State Fiction and World Literature." New Global Studies 13, no. 1 (April 24, 2019): 102–24. http://dx.doi.org/10.1515/ngs-2019-0004.
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AbstractSince its establishment more than a decade ago, the cultural and political debate on Afropolitanism has been characterized by several different positions. In particular, the Afropolitan opposition to any kind of essentialism (Eze 2014) has been counterweighed by the necessity of a connection to “knowable African communities, nations and traditions” (Gikandi 2011, 9). This debate has been reproducing a typical oscillation of postcolonial theory and criticism between the celebration of hybridity (Bhabha 1994) and the interpretation of postcolonial texts as “national allegories” (Jameson 1986). At the same time, Afropolitanism appears to be related to a more recent phenomenon, which has been defined as “national failure” in political analysis (Zartman 1995; Rotberg 2004) and “failed-state fiction” in literary criticism (Marx 2008). The latter sheds a different light on Afropolitanism, by showing its advantages and its limits both on a national and transnational level. In view of this, Afropolitan literature – including the paradigmatic works by Helon Habila (2002, 2007, 2010) and Chimamanda Ngozi Adichie (2006, 2013) here analyzed – appears to be based on the persistence of “old names,” or categories, in an uneven but fruitful coexistence with the “new” ones (Eze 2016).
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Krupach, Mykola. "«Z lupoyu literaturnoho detektyva» (Do problemy identyfikatsiyi utayemnychenykh tekstiv)." Studia Polsko-Ukraińskie 8 (April 16, 2021): 212–25. http://dx.doi.org/10.31338/2451-2958spu.8.15.
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The article “Contemporary Ukrainian Poetry” by Oleh Olzhych has been given the status of an authoritative source in domestic literary criticism in recent decades, in particular, in the study of the genesis of emigrant poetry of 1920-1930 and in general on the interpretation of the state of national literature in eastern and western countries, which in the interwar period were respectively under the rule of Russia and Poland. Only the “textual coincidences, general concept and intonation” of the article and Olzhych’s related texts were taken as the basis of identification. Such a technique contains elements of pre-programming of the final result and can lead to erroneous conclusions in identifying the author of the publication. It draws attention to the analogies of text construction, subject matter, lexical and stylistic coincidences, etc., but distracts from what is the main in the objective establishment of the publication of a particular person - the (internal) content of the text. The example of Olzhych’s attitude to the process of development of national literature in the interwar period and especially to the work of his father (Oleksandr Oles) shows that he can’t be the author of a politically quite controversial article “Contemporary Ukrainian Poetry”.
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Petchey, Fiona, and Geoffrey Clark. "CLARIFYING THE AGE OF INITIAL SETTLEMENT HORIZON IN THE MARIANA ISLANDS AND THE IMPACT OF HARD WATER: A RESPONSE TO CARSON (2020)." Radiocarbon 63, no. 3 (April 30, 2021): 905–13. http://dx.doi.org/10.1017/rdc.2021.27.
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ABSTRACTThis paper is a response to criticism by Carson (2020) concerning the age of the Unai Bapot archaeological site in the Mariana Islands. Of specific contention are supposed errors in the marine radiocarbon (14C) research reported by Petchey et al. (2017). According to Carson, this work produced marine reservoir offsets (ΔR) of “suspiciously wide variance from each other … and those results were incompatible with the site’s reported stratigraphy and dating (Carson 2008) as well as with other previously calculated marine reservoir corrections in the Mariana Islands (Carson 2010: 3).” This statement is misleading on all three points. Our reply discusses the problems encountered when dating shells from near-shore “marine” environments where terrestrial input, in particular hard water, may complicate date interpretation. We outline a cautionary tale relevant to any researcher using “marine” shell dates to develop regional archaeological chronologies in regions dominated by limestone.
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Naude, Tjakie, and Elizabeth De Stadler. ""Innovative Orders" Under the South African Consumer Protection Act 68 of 2008." Potchefstroom Electronic Law Journal 22 (April 25, 2019): 1–32. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a5108.
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This article considers section 4(2)(b) of the South African Consumer Protection Act 68 of 2008 (hereafter the CPA), which grants a power to courts and the National Consumer Tribunal to make "appropriate orders to give practical effect to the consumer's right of access to redress", including, but not limited to, "any innovative order that better advances, protects, promotes and assures the realisation by consumers of their rights" in terms of the CPA (in addition to any order provided for in the CPA). First, a brief overview of the provisions on interpretation of the CPA is given, to give context to the interpretation of the power of the courts to make innovative orders. Thereafter, instances are discussed where it is undoubtedly clear that innovative orders are needed, that is, where the CPA creates a right without a remedy. Examples are the consumer's right to receive delivery of the goods or performance of the services within a reasonable time where no time for performance was agreed upon, and the consumer's right to assume that "the supplier has the legal right, or the authority of the legal owner", to supply the goods. This part includes analysis and criticism of the only reported decision which discusses the delineation of the power to grant innovative orders, and which unjustifiably refused to grant such an order in respect of the consumer's right that the goods supplied "remain useable and durable for a reasonable time".
The article then considers situations where there is no clear gap in the CPA such as a right without a remedy, but the CPA is nevertheless ambiguous and policy considerations call for an innovative order. This part gives an example of a case where the National Consumer Tribunal briefly referred to section 4(2)(b) on innovative orders in support of a new rule on the suspension of prescription (time limitation) not recognised in the text of the CPA. Part 5 of the article considers the types of orders that were probably envisaged by the legislature when drafting section 4(2)(b) on innovative orders, such as publicity and compliance programme orders, which serve to increase the effectiveness and preventative effect of orders on prohibited conduct. This part of the article considers legislation from the United Kingdom on such orders, which is referred to as "enhanced consumer measures".
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Yusran, Yusran, Jamil Jamil, and Muhammad Azmi. "Kehidupan Masyarakat Pulau Salissingan Sulawesi Barat (1994-2009)." Amarthapura: Historical Studies Journal 1, no. 1 (June 30, 2022): 14–22. http://dx.doi.org/10.30872/amt.v1i1.1046.
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This study aims to explain the history of the development of the life of the people of Salissingan Island which is seen in three aspects, namely the political aspect, the economic aspect, and the social aspect. Then the type of research used is historical research which consists of Heuristics, Criticism, Interpretation and Historiography. The focus of this research is community life and the development of community life on Salissingan Island. The results of this study indicate that the development of community life on Salissingan Island refers to three aspects, namely the Political Aspect regarding the formation of the first village in 1994 and then in 2008 the second village was formed. next On the economic aspect of people's lives seen in the work as fishermen and fishermen's income in the form of sea cucumbers and lobster shrimp. as for the social aspect regarding the development and population growth of Salissingan Island since 1994-2009
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Demich, Kyrill I., and Alexander V. Kostyrkin. "ARCHIVED LEXICOGRAPHY: THE GALLEY PROOFS OF THE UNPUBLISHED “GREAT JAPANESE-RUSSIAN CHARACTER DICTIONARY” AS A HISTORICAL SOURCE." Journal of the Institute of Oriental Studies RAS, no. 1 (19) (2022): 204–19. http://dx.doi.org/10.31696/2618-7302-2022-1-204-219.
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The inconsistent history of a large-scale lexicographical project of 1930–1940s (under N. I. Konrad, N. A. Nevsky, A. A. Kholodovich) is a remarkable milestone in development of the Far East ideographic languages’ lexicography in our country. The absence of published dictionaries as visible outcome of the lexicographical works poses the main difficulty for historians of science in reconstruction of the period and the treatment of the subject. Fund No. 152 of the Archive of Orientalists of the Institute of Oriental Manuscripts of the Russian Academy of Sciences contains a massif of documents, together with other materials illustrating the project in detail, but not offering coherent interpretation in the absence of extra sources, that is lexicographically informative ones, in order to close the gap of the reliable source material. Yet until recently, the historiography of the subject was lacking. The gap could be closed by a unique lexicographical monument discovered in the Institute of Oriental Studies. It should be a copy of the first galley proof portion of the “Great Japanese-Russian Character Dictionary”. The source analysis of the monument and its criticism in the full context of relevant documentary evidence known up to date along with more meaningful interpretation of the data allow for precise qualification of a little-studied decade-long dictionary project in the history of Oriental lexicography and prewar Japan studies in our country. It may be determined that for the first generations of Soviet scholars of Japan the unpublished dictionary appeared to be a kind of school forging a vital link between the pre-Revolution and post-war Soviet lexicography of Japanese language: from D. M. Pozdneyev to N. A. Syromyatnikov.
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Nilsson, Ola. "Legislative pressure and credit rating agency behavior." Risk Governance and Control: Financial Markets and Institutions 11, no. 2 (2021): 58–70. http://dx.doi.org/10.22495/rgcv11i2p5.
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This study investigates whether legislative pressure influences credit rating agency (CRA) behavior. It covers a time period in which the European Union moves from exerting minimal to intense legislative pressure on CRAs, providing an almost ideal context for analyzing if and how CRAs are affected by this pressure. Two possible outcomes are discussed: 1) more timeliness in the flow of information and 2) more stickiness in the flow of information. The analysis is based on an examination of market reactions following CRA announcements between 2000 and 2019. The results show that the market reactions after CRA announcements decrease when legislative pressure increases. The interpretation is that as legislative pressure increases, the flow of information from CRAs becomes stickier. This confirms that legislative initiatives that put pressure on CRAs have an effect, evidence that legislators’ intention to change behavior by threatening or initiating new regulations works, which confirms assumptions underlying the theory of legislative threats (Halfteck, 2008). A reasonable interpretation of legislators’ push for changes in this context is that they want to see a faster flow of information. The results, however, show the opposite. A plausible explanation for this is increased caution on the part of CRAs because if in retrospect, the information in an announcement turns out to be wrong or misleading, the ensuing criticism could lead to additional pressure.
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Noor Enfendi bin Desa, Noor A’yunni binti Muhamad, Syed Alwi Syed Abu Bakar, and Azian Tahir. "ASAS APRESIASI SENI DARI PERSPEKTIF FORMALISTIK, RUPA DAN MAKNA." Jurnal Gendang Alam (GA) 11, no. 2 (December 15, 2021): 97–112. http://dx.doi.org/10.51200/ga.v11i2.3576.
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Penyelidikan ini adalah mengenai cara untuk mengamati atau menghayati karya seni. Sebuah karya seni mempunyai nilai estetika tersendiri bagi sesuatu karya seni itu bergantung pada falsafah atau gaya berfikir seseorang seniman dalam menyampaikan kepada masyarakat tentang makna karyanya. Estetika merupakan cabang falsafah yang mengkaji tentang keindahan yang terzahir di muka bumi ini (Kamus Dewan Edisi Keempat, 2007). Penyelidikan ini terbahagi kepada dua bahagian utama iaitu menghuraikan definisi terhadap istilah dan memperincikan karya seni yang dipilih. Penghuraian ini akan dibahagikan kepada tiga bahagian iaitu definisi terhadap istilah, definisi terhadap gaya, idea dan konteks. Penyelidikan ini menggunakan kaedah teori kritikan seni yang diperkenalkan oleh Edmund Burke Feldman (1994) untuk mentafsir maksud dan konteks yang disampaikan dalam karya seni seseorang artis. Menurut Barret (1994), kritikan seni adalah merujuk kepada makna dan pertimbangan yang kritikal terhadap karya seni yang dipertontonkan. Menurut Ahmad Suhaimi Mohd Noor dan Jamilah Omar (2008), karya seni akan lebih bermakna dengan sentuhan maksud yang ingin disampaikan dalam karya tersebut. The purpose of this study is to understand how to perceive and appreciate works of art. A work of art has its unique aesthetic worth, which is determined by the artist’s philosophy or manner of thought when transmitting to society the meaning of his work. Aesthetics is a subfield of philosophy concerned with the study of the beauty found on this globe (Kamus Dewan Edisi Keempat, 2007). This research is divided into the two sections, the first of which discusses the phrase in further detail, and the second of which analyzes the chosen artwork. This description will be separated into three sections: terminology definition, style, and idea definition, and context definition. The purpose of this research is to interpret the message and context communicated by an artist’s artwork using the approach of art criticism theory introduced by Edmund Burke Feldman (1994). According to Barret (1994), art criticism is a term that refers to the interpretation and analysis of the artwork on exhibition. According to Ahmad Suhaimi Mohd Noor and Jamilah Omar (2008), artworks that have a message will be more meaningful.
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Ćwik, Bogdan. "Concept of threat model in systems warning of organizations." Zeszyty Naukowe Wyższej Szkoły Humanitas Zarządzanie 19, no. 2 (June 30, 2018): 231–46. http://dx.doi.org/10.5604/01.3001.0012.2050.
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Warning systems in organizations standing before the requirement of efficiency and re¬liability of the issuing of warnings, they must have sufficient theoretical and methodological reso¬urces to carry out their tasks. Used until now the theoretical resources and methods, have based mainly on the theory and methodology of risk, which is based on data resources on the repeatabi¬lity of monitored events. Their effectiveness is significantly reduced in the so-called nondetermini¬stic situations. The limitation in the implementation of these tasks may be lack of consistency and incomplete interpretation of basic concepts in this area. One such concept is the threat. The aim of the article is to present a concept of universal approach to interpretation of the concept of threat, allowing for more effective perception of warning signals, and to develop a more effective metho¬dology for their reading and recognition. This work uses the following scientific methods: analysis and criticism of literature, analysis and logical construction, as well as the heuristic methods: “new look” method and the analogue transfer method. Most of the analyzes were based on the results of own research obtained during the financial crisis in 2008-2010 and on the basis of research among members of the dispositional groups. The work resulted in the concept of threat model, providing division into causal and consequential threats, as well as partial models: the model of threat deve¬lopment and the model of perception of consequential threats.
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Lamoureux, Denis O. "The Bible & Ancient Science: Principles of Interpretation." Perspectives on Science and Christian Faith 73, no. 3 (September 2021): 164–66. http://dx.doi.org/10.56315/pscf9-21lamoureux.
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THE BIBLE & ANCIENT SCIENCE: Principles of Interpretation by Denis O. Lamoureux. Tullahoma, TN: McGahan Publishing, 2020. 218 pages. Paperback; $15.99. ISBN: 9781951252052. *"Simply stated, I believe the literary genre of Genesis 1-3 is an ancient account of origins. Notably, it is deeply rooted in ancient science" (p. 195). *Denis O. Lamoureux is Professor of Science and Religion at St. Joseph's College at the University of Alberta. He possesses three earned doctorates (dentistry, theology, and biology) and tells of an intellectual and spiritual journey out of atheism, through fundamentalism, and to his current position. Consequently, if there was ever a model voice that displays the academic and personal experience necessary to speak formidably about the hermeneutical issues associated with Genesis 1-3 and the other creation texts of the Bible, it is Lamoureux. *The study begins with what seems like a simple question, "Is the Bible a book about science?" However, before the opening chapters are completed, the reader understands that the question is anything but simple. In fact, the difficulty of the conversation is poignantly displayed when he offers answers to his leading question from two giant figures within the evangelical tradition. Henry M. Morris answers in the affirmative, but Billy Graham answers negatively. Yet, to his credit, Lamoureux does not dwell on this disagreement. He quickly emphasizes that a proper answer to his question requires an entanglement with issues of hermeneutics, or principles of interpretation (p. 13). Consequently, the remainder of the book is a journey through the wild and woolly world of biblical hermeneutics on the way to answering the question of whether the Bible is a book about science. *Lamoureux guides the reader toward his answer by discussing twenty-two hermeneutical principles that range from the mundane topics of "literalism," "literary genre," and "historical criticism" to the more complex, such as "cognitive competence," "accommodation," and "concordism." Each chapter is devoted to one principle, and all the chapters are organized similarly. They discuss the principle and then specific applications to the creation texts. This approach produces manageable-sized chapters that can be pondered without a fear of being overwhelmed by complex arguments; however, presenting an argument by a series of propositional statements can obfuscate how each proposition interacts with the others and how they all cooperate. In Lamoureux's defense, however, he does well to minimize any dissonance. *Ultimately, Lamoureux finds himself landing between Morris and Graham when answering his leading question. According to Lamoureux, the Bible contains science, but it's ancient science. And that qualification makes all the difference. The biblical writers are indeed talking about the origins of the universe, but they are doing so in terms of an Iron Age worldview while using Iron Age concepts. Therefore, their "science" is incompatible with the scientific inquiry and discourse of today. This conviction implies that concordism neither does justice to the text and its message nor frames a useful conversation. *In pushing back against any simplistic appropriation of the Bible's message upon the demands of modern scientific discourse, Lamoureux offers a very nuanced proposal. But at its heart is a respect for the ancient worldview of the biblical authors with all its frustrating peculiarities. For example, Lamoureux emphasizes how things such as the rhetoric and ahistorical symbolism of parables must be respected. Simple enough; however, Lamoureux also recognizes that ancient Israel perceived the universe through a three-tiered concept, a reality that finds itself alongside flat-earth theories in the hall of fame of modern-day cosmological ludicrousness. Similarly, ancient Israel's botanical awareness was clearly ignorant of the data we have today. Therefore, Lamoureux's discussions eventually bring the reader to a crossroad. How can a reader respect the Bible if it is invoking principles of, say, botany or any other field of science, in ways that run counter to contemporary scientific discourse? Is the reader confronted with the terrible situation in which they must support the Bible's claims despite the contradictory scientific evidence? Are they forced to abandon any notion of inerrancy? *It is at this point that the integrity of Lamoureux's argument reaches a critical point. His argument cannot work without certain hermeneutical principles. First, the principle of accommodation argues that God accommodates himself to humanity--through language, culture, concepts, etc.--in order to ensure effective communication. So, in the example of Israel's botanical awareness, God is "using the botany-of-the-day" to ensure that the audience would understand the message. Similarly, this should also be applied to Israel's three-tiered universe and other cosmological concepts. Second, the message-incident principle argues that the mode of communication is incidental to the core message. To be clear, "Incidental has the meaning of that which happens to be alongside and happening in connection with something important" (p. 46). Therefore, applied to the creation texts, ancient science is incidental but important to delivering spiritual truths (p. 47). Third, Lamoureux champions incarnational inspiration. According to Lamoureux, the incarnation, as understood in Jesus, becomes the analogy par excellence for understanding the nature of scripture. It is fully divine and fully human. The Bible, like Jesus, transcends time and history. And God's perfect message comes through finite and imperfect humanity. *Many of Lamoureux's arguments echo similar arguments made by biblical scholars in recent memory. For example, Kenton Sparks, in God's Word in Human Words: An Evangelical Appropriation of Critical Biblical Scholarship (2008), emphasized accommodation in his attempt to balance a conviction that the Bible contains factual errors but is also inerrant. Peter Enns systematically argued for incarnational inspiration, as in Inspiration and Incarnation: Evangelicals and the Problem of the Old Testament (2005). John Walton and Brent Sandy display affinities to Lamoureux's message-incident principle in their work The Lost World of Scripture: Ancient Literary Culture and Biblical Authority (2013). Consequently, the pitfalls that face these scholars face Lamoureux as well. If accommodation explains the scientific ignorance of the biblical writers, is inerrancy the best description of scripture? Or, because the incarnation is unique to the realities of Jesus, how appropriate is it to invoke it as an analogy for something else? At what point does it break down (cf. Ben Witherington, The Living Word of God [Waco: Baylor University Press, 2007], 35-49)? *I wholeheartedly agree with Lamoureux that it is paramount for the interpreter to dutifully consider the text on its own terms, particularly since I take seriously the notion that God used ancient Israel to communicate his redemptive plan. Thus, the interpreter should yield to Israel's concepts, conventions, and philosophies on the way to understanding the message before they move to appropriation for theological discourse. Nevertheless, several elements in The Bible and Ancient Science could be fine tuned. These include Lamoureux's framing of the discussion of translating Genesis 1:1 (pp. 75-81) as a text-critical issue, when it is more of a translation problem. Lamoureux also presents a generic, almost flat, portrait of the classic criticisms of biblical studies (e.g., textual criticism, literary criticism, historical criticism) that does not support a nuanced understanding of their results for the creation texts. *A little more significant is Lamoureux's understanding of Paul's typological argument in Romans 5. He struggles with the possibility that Paul's argument appears historical in nature. He states, *"As a consequence, Paul undoubtedly believed Adam was a historical person and that the events of Genesis 2-3 really happened. However, it must be emphasized that Paul's belief in the reality of Adam and the events in the Garden of Eden does not necessarily mean they are historical" (p. 175). *Thus, he is forced to wrestle with the implications of his argument as it confronts the semantics of the text. He may well have been influenced by Enns in how he tries to navigate this, but a difficult tension remains (Peter Enns, The Evolution of Adam: What the Bible Does and Doesn't Say about Human Origins [2012]). For Lamoureux, and Enns for that matter, it is difficult to advocate a framework-like typology which usually interprets historical figures in the context of history as, in this instance, functioning with a significant level of historical ignorance. *A deeper commitment to comparative investigations would also have enhanced Lamoureux's argument. He is certainly aware of non-Israelite texts and how they help us understand the concepts, conventions, and message of the biblical text, for he references them in his discussions of worldview and ancient conceptions of the universe. However, reading Genesis 1-2 in the shadow of texts such as the "Enuma Elish" and the "Memphite Theology" crystalizes the form and function of the genre as well as the Old Testament's theological emphases. *Nevertheless, overall Lamoureux gets far more right than wrong and this work is valuable. It makes potentially complicated concepts accessible and applies them to the very important debate about what "inerrant" means when describing the nature of scripture. *Reviewed by David B. Schreiner, Associate Dean and Associate Professor of Old Testament, Wesley Biblical Seminary, Ridgeland, MS 39157.
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Afifatul, Asmi, and Asep Sulaiman. "Perkembangan Persatuan Ummat Islam (Pui) di Cianjur Tahun 1935-2014." Historia Madania: Jurnal Ilmu Sejarah 3, no. 2 (July 29, 2020): 183–200. http://dx.doi.org/10.15575/hm.v3i2.9175.
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PUI is a fusion (combined) organization of two other organizations, namely the Islamic Community Engagement of Majalengka led by KH Abdul Halim and the Indonesian Islamic Community Association (PUII) of Sukabumi led by KH Ahmad Sanusi. In this research, the writer focuses on PUI Cianjur regency because Cianjur has a fairly long history with this organization and Cianjur has also become one of the PUI branches that has the most members. To find out the problems in this study, there are several points that will be explained, namely the social and religious conditions of the people of Cianjur district and the development of PUI in Cianjur starting from 1935-2014. To be able to understand the problems in this study, the writer uses institutional social theory. The method used in this research is the historical research method, while the steps of the research are, heuristics (search and collection of sources), criticism (external and internal), interpretation (interpretation), and historiography. The results of this study can be said that over time PUI in Cianjur experienced ups and downs in running the wheels of its organization, caused by factors that influence it. Both internal and external factors. The social and religious conditions of the Cianjur community at that time were able to accept PUI well, because PUI came with good Islamic teachings and good ways. So that in a fairly long span of time PUI Cianjur experienced a vacuum, a transition period and a revival or development period. Especially in 2008 until 2014, even now. PUI is still alive and well known in the community.
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Nilova, Anna. ""POETICS" OF ARISTOTLE IN RUSSIAN TRANSLATIONS." Проблемы исторической поэтики 19, no. 4 (December 2021): 7–39. http://dx.doi.org/10.15393/j9.art.2021.9822.
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The article presents an overview of the existing translations of Aristotle's “Poetics”, characterizes the features of each of them. In the preface to his translation of Aristotle's “Poetics”, V. Zakharov characterized the work of the Greek philosopher as a “dark text.” Each translation of this treatise, which forms the basis of European and world literary theory, is also its interpretation, an attempt to interpret the “dark places.” The first Russian translation of “Poetics” was made by B. Ordynsky and published in 1854, however, the Russian reader was familiar with the contents of the treatise through translations into European languages and its expositions in Russian. For instance, in the “Dictionary of Ancient and New Poetry” Ostolopov sets out the Aristotelian theory of drama and certain other aspects of “Poetics” very close to the original text. Ordynsky translated the first 18 chapters of “Poetics”, focusing on the theory of tragedy. The translator presented his interpretation of Aristotle’s concept in an extensive preface, commentaries and a lengthy “Statement.” This translation set off a critical analysis by Chernyshevsky, and influenced his dissertation “Aesthetic relations of art to reality”, in which the author polemicizes with the aesthetics of German romanticism. In 1885 V. Zakharov published the first complete Russian translation of “Poetics”, in which he offered his own interpretation of Aristotle's teaching on language and epic. The author of this translation returns to the terminology of romantic aesthetics, therefore the translation itself is outside the main line of perception of the teachings of Aristotle by domestic literary theory, which is clearly manifested in the translations of V. G. Appelrot (1893), N. N. Novosadsky (1927) and M. L. Gasparov (1978). The subject of discussion in these translations was the interpretation of the notions of μῦϑος and παθος, the concepts of mimesis and catharsis, the source of suffering and the tragic, the possibility of modernizing terminology. An important milestone in the perception and assimilation of Aristotle's treatise by Russian literary criticism was its translation by A. F. Losev, which was not published, but was used by the author in his theoretical works and in criticizing other interpretations of “Poetics”. M. M. Pozdnev penned one of the last translations of “Poetics” (2008). The translator does not seek to preserve the peculiarities of the original style and interprets “Poetics” within the framework and terms of modern literary theory, focusing on its English translations. The main subject of the translator's reflection is Aristotle's understanding of the essence and phenomenon of poetic art. Translations of the Greek philosopher's treatise reflect the history of the formation and development of the domestic theory of literature, its main topics and terminological apparatus.
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Rhazzali, Mohammed Khalid, and Valentina Schiavinato. "Reflections on prevention of violent radicalization processes in the school context: An intercultural and critical approach." EDUCATIONAL REFLECTIVE PRACTICES, no. 1 (October 2021): 159–73. http://dx.doi.org/10.3280/erp1-special-2021oa12484.
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The article discusses the issue of the prevention of violent radicalization processes (Khosrokhavar, 2014) in schools, in the Italian context, focusing on their jihadist-type declination, and it intends to propose an interpretation based on the intercultural approach (Schiavinato &amp; Mantovani 2005; Mantovani, 2008; Schiavinato 2015) to the difference management in public contexts (Rhazzali, 2016). This perspective allows us to move the scientific debate away from the predominantly securitarian and emergency perspective, widely adopted by public policies, that removes from the political agenda the issue of an effective and fair management of cultural and religious plurality in the society and in the public space, by adopting an approach which is defined in the literature as "policed multiculturalism" (Ragazzi, 2015). Moreover, the securitarian discourse is a leading argument of some political parties and, encouraged by the mass media, is still dominant in common sense discourses. The intercultural perspective, on the other hand, proposes a more complex interpretation that includes not only the issue of immigration, but also allows to question the changes affecting society and everyone lives, in relation to the interconnections and exchanges that characterise the current era. It therefore considers personal and individual experience within a web of relationships co-constructed in everyday interactions, that are in turn situated in a wider social and cultural framework, which gives sense and influences them and, at the same time, is signified and influenced by them. The intercultural approach, in this respect, does not renounce taking a position of criticism and questioning of exclusion or inferiorisation dynamics, that operate both on interpersonal level and in everyday relationships, and on the broader level of the social processes that frame them.
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Kusumastuti, Fenty. "Polysemy in and of the Science Fiction Film Arrival (2016)." Research in Social Sciences and Technology 4, no. 1 (May 20, 2019): 73–91. http://dx.doi.org/10.46303/ressat.04.01.4.
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Polysemy has always become a significant issue in interdisciplinary studies, mainly because particular words or phrases tend to have multiple meanings and the way to decide on the intended meanings involves cultural understanding that may be problematic for different groups of people. This paper divides the main research questions into two inquiries: (1) What is the meaning of the micro-unit polysemy in the science fiction film Arrival (2016)? and (2) What is the interpretation of the macro-level of polysemy in the film? The purpose of this research is to describe the interrelation between the polysemy in the film and the polysemy of the film. It is assumed that revealing the phenomena of polysemy found in the film helps to construct a better comprehension of the objective of the polysemy of the film. This has been done by implementing two stages of procedures in this research: (1) identifying the translation of the most significant polysemous words, phrases, clauses, and sentences found in the film by using meaning patterns and contextual patterns (Schmidt, 2008) and (2) discovering the three potential themes of polysemy of the film that include resistive reading, strategic ambiguity, and hermeneutic depth (Ceccarelli, 1998). The analysis shows that examining the phenomena of cognitive linguistic meanings from the 30 micro-unit polysemy to the rhetorical criticism of the polysemous text opens up multiple interpretive possibilities that may go unnoticed.
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Hristova, Nina. "The Book of Academician Kiril Hristov "The Struggle of Ideas in the Science – Clash of Ideas"." Scientific knowledge - autonomy, dependence, resistance 29, no. 2 (May 30, 2020): 181–87. http://dx.doi.org/10.37708/bf.swu.v29i2.13.
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Kiril Vasilev was born on 23rd May 1918 and died in 2014 in Sofia. In 1938 he was a member of the Bulgarian Communist Party (BCP). During the Second World War he was a partisan in the Second Rhodope Brigade ‘”Vasil Kolarov”. Kiril Vasilev attended major Thompson from Greece to Bulgaria. After 9th September 1944 he was one of the main opponents against the organization “Friendship Motherland”, which tried to change names of the Bulgarians, who professed the Islam.Kiril Vasilev studied Philosophy at Sofia University. He was a lecturer at the University and read lectures on Historical Materialism. He was a head of the department of “Dialectical and Historical Materialism”. Kiril Vasilev laid the foundations of the Empiric Sociology in Bulgaria.Kiril Vasilev was not a conformist. He came into conflict with many leaders of the BCP. His clashes with Todor Zhivkov were frequent. He leveled criticism at all existing political models. Kiril Vasilev was not flattering in his interpretation on present-day political, economical, and social data, too. The special features of Kiril Vasilev`s character, his direct statement, and his experience give us an additional clearness in relation to the fate of his book. The monograph, according to his own words, was written about 1978, but it was accessible to the reading public only in 2008. In this work we can notice some inconvenient ideas, for the sake of that this book probably cames off the press approximately 30 years later.
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Ishak, Wahyudi, Ahmadin Ahmadin, and Najamuddin Najamuddin. "Pesona Objek Wisata Sejarah di Kabupaten Sinjai." PUSAKA (Journal of Tourism, Hospitality, Travel and Business Event) 2, no. 2 (May 3, 2020): 98–110. http://dx.doi.org/10.33649/pusaka.v2i2.54.
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This study aims to determine the potential of historical attractions in Sinjai Regency, the development of historical tourism in Sinjai Regency 2008-2016, and the impact of historical tourism on the communities around the site, the government and tourists. The method used in the research and writing of this thesis is a historical research method, which includes: heuristics, source criticism, interpretation and historiography. The techniques used in data collection are observation, interview and literature study techniques. The results of this study indicate that Sinjai as a Level II Region in South Sulawesi has tourism potential that is not inferior to other regions. The Batupake Gojeng Archaeological Park, the Karampuang Indigenous Area, and the Balangnipa Fort are one of the historical tourist destinations offered by Sinjai Regency. Although the Tourism and Culture Office of Sinjai Regency was only established in 2017, activities in the tourism sector will continue to be carried out in previous years. The three historical attractions have their respective developments both in terms of facilities and infrastructure to the number of visitors. The contribution of each element in the development of the historical tourism sector in Sinjai Regency is something that needs to be improved. Based on the results of this study it can be concluded that the historical attractions in Sinjai Regency have an impact on the socio-cultural, educational and economic sectors for the local government and the people who live around the site.
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Mugubi, John, and William Mureithi Maina. "Concomitants of socio-cultural exigencies on narrative preferences in the Kenyan “Riverwood” film." Nairobi Journal of Humanities and Social Sciences 1, no. 1 (March 15, 2017): 7–36. http://dx.doi.org/10.58256/njhs.v1i1.14.
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In a report commissioned by the World Story Organization in 2008, Justine Edwards points out that storyline lies at the centre of problems that Kenyan films face in trying to “break down the wall preventing Kenyan films from being shown and celebrated beyond Kenyan borders” (2). This paper goes a step further to interrogate this observation through an analysis of three works by three representative Kenyan home grown film makers: Wandahuhu’s Njohera (Forgive Me), Simon Nduti’s Kikulacho (What Bites You) and Simiyu Barasa’s Toto Millionaire. These film makers have made films under the banner of a Kenyan film industry that has come to be informally known as Riverwood—the Kenyan filmindustry associated with Nairobi’s River Road Street where cheaply produced independent home videos are made in mass mainly by Kenyan film makers working with a Kenyan crew and cast. By measuring their works against narrative conventions established in classical cinema, this paper evaluates Kenyan home grown film standards as defined by the narrative choices made by the film makers. In so doing, it is essentially guided by narratological theories developed by the constructivist school of film criticism. Constructivist film theory is founded on the tenet that it is the reader (viewer) of the film text that constructs the story and meanings in the story using the clues that the film maker puts before him or her on the screen. Other relevant theoretical positions are applied as need arises to cater for the multidisciplinary nature of film as an art. The methodology used is textual analysis and interpretation, therefore qualitative in nature.
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Kurakina, Irina I. "Initial Stages and Origins of the Theory of Folk Art." Observatory of Culture 18, no. 5 (October 29, 2021): 538–48. http://dx.doi.org/10.25281/2072-3156-2021-18-5-538-548.
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The article is devoted to understanding the origins of the formation and development of the theory of folk art. The relevance of the topic is determined by the existing contradiction: on the one hand, the positioning of folk art and traditional folk art crafts as an important part of the national artistic culture, an independent field of art criticism, which can be seen in legal documents, popular science literature and scientific works of the 20th century, and, on the other hand, the limited range of modern research in this area, insufficient development of the theoretical aspect of this issue.Based on the analysis of a wide range of sources, the author identifies five stages of the formation of the theory of folk art (the beginning of the 18th century — 1870s; 1870—1910s; 1917—1930s; 1930—1990s; 1990—2020s), gives a brief description of them, and names the main results of studying each of the periods. The provisions of the theory of folk art were most fully and systematically formulated and justified by M.A. Nekrasova in the 1980s.The article considers the process of forming interest in works of folk art in the middle of the 18th — the last third of the 19th century, and in the next period of “initial accumulation of facts” (until the 1910s), as the first experience of developing scientific approaches to the analysis of the specifics of folk art. The author reveals the significance of Peter the Great’s transformations in the field of culture for the formation of public interest in the traditions of Russian culture; defines the Russian folklore researchers’ contribution (songs, rituals, fairy tales) to drawing attention to the problems of preserving national features of Russian culture and their interpretation in works of literature; describes the activities of artists, critics, and public figures in creating the first collections of folk art, their analysis and description from a scientific point of view.
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Gumelar, Faujian Esa, and R. M. Mulyadi. "POLEMIK A. HASSAN DAN MUCHTAR LUTHFI MENGENAI PAHAM KEBANGSAAN (1929-1935)." Patanjala : Jurnal Penelitian Sejarah dan Budaya 10, no. 3 (November 8, 2018): 523. http://dx.doi.org/10.30959/patanjala.v10i3.420.
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Penelitian ini dilatarbelakangi oleh ketertarikan peneliti kepada Ahmad Hassan, karena ketokohannya bisa membawa Persis yang merupakan organisasi yang relatif kecil secara keanggotaan, dapat memiliki pengaruh yang luas lewat perdebatan dan penerbitan yang dilakukannya. A. Hassan banyak melakukan polemik dengan berbagai tokoh penggerak paham kebangsaan seperti Soekarno dan Muchtar Luthfi. Topik yang banyak diperdebatkannya adalah mengenai paham kebangsaan. Metode yang digunakan dalam penelitian ini adalah metode historis yang meliputi empat tahapan, yaitu: 1) heuristik, 2) kritik sumber, 3) interpretasi, dan 4) historiografi. Berdasarkan hasil penelitian yang telah dilakukan, A. Hassan berpandangan bahwa umat Islam di Indonesia harus memperjuangkan asas Islam sebagai landasan perjuangan, dikarenakan segala sesuatu dalam kehidupan manusia baik dalam aspek sosial, politik maupun keagamaan harus selalu terintegrasi pada ajaran Allah dan semangat Islam. Pandangan A. Hassan ini nantinya akan berseberangan dengan Muhtar Luthfi bahwa Islam dan kebangsaan adalah satu napas perjuangan yang tidak dapat dipisahkan satu sama lainnya, mencinta tanah air artinya manusia sedang membumikan ajaran Islam di dunia. Persoalan mengenai Islam dan kebangsaan ini nantinya akan mewarnai polemik antara golongan Islam dan golongan nasionalis pada tahun 1930-an. This research was motivated by the interest of researchers to Ahmad Hassan, because his figure could bring Persis which is a relatively small organization in membership, could have a broad influence through the debate and publishing he did. A. Hassan did a lot of polemic with various national figures such as Soekarno and Muchtar Lutfi. The topic of much debate is about nationalism. The method used in this study is the historical method which includes four stages, namely: 1) heuristics, 2) source criticism, 3) interpretation, and 4) historiography. Based on the results of the research that has been done, A. Hassan believes that Muslims in Indonesia must fight the principles of Islam as the basis of the struggle, because everything in human life both in social, political and religious aspects must always be integrated in the teachings of Allah and the spirit of Islam. A. Hassan's view will later be contradicted by Muhtar Luthfi that Islam and nationality are a breath of struggle that cannot be separated from each other, loving the homeland means that humans are grounding the teachings of Islam in the world. The issue of Islam and nationality will later color the polemic between Islamic groups and nationalists in the 1930s.
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Seddon, Fred. "Rejoinder to Roderick T. Long, "Interpreting Plato's Dialogues: Aristotle versus Seddon" (Fall 2008): Long on Interpretation." Journal of Ayn Rand Studies 10, no. 1 (2008): 231–33. http://dx.doi.org/10.2307/41560381.
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Abstract In this essay, Seddon provides a brief rejoinder to Long's reply to his review of the monograph Reason and Value: Aristotle versus Rand. Despite his criticisms, Seddon maintains that reading Long's monograph will pay rewards for all those interested in the history of philosophy as it impacts Ayn Rand's thought.
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Seddon, Fred. "Rejoinder to Roderick T. Long, "Interpreting Plato's Dialogues: Aristotle versus Seddon" (Fall 2008): Long on Interpretation." Journal of Ayn Rand Studies 10, no. 1 (2008): 231–33. http://dx.doi.org/10.5325/jaynrandstud.10.1.0231.
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Abstract In this essay, Seddon provides a brief rejoinder to Long's reply to his review of the monograph Reason and Value: Aristotle versus Rand. Despite his criticisms, Seddon maintains that reading Long's monograph will pay rewards for all those interested in the history of philosophy as it impacts Ayn Rand's thought.
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Sánchez Salvà, Marta. "El realismo en «El negro», de Salarrué." LETRAS, no. 55 (January 20, 2014): 11–29. http://dx.doi.org/10.15359/rl.1-55.1.
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Se rebaten dos tipos de críticas sobre Cuentos de barro (1933), de Salarrué: se cuestionan interpretaciones que identifican a los personajes con los indígenas y los negros reales de El Salvador en las décadas de 1920 y 1930; por otra parte, se disputan las críticas académicas que, a pesar de reconocer el ingrediente inventivo en las representaciones de los personajes, califican la ficción de un acto engañoso. Con el análisis de «El negro», con atención en el discurso metafórico, el realismo de Salarrué es más complejo que el realismo concebido como una copia fiel del mundo real.
The study refutes two types of criticism about Cuentos de barro (1933), by Salarrué. It questions interpretations identifying the characters with real indigenous and black people in El Salvador in the 1920s and 1930s. Moreover, it argues against academic criticism which, in spite of acknowledging the non-realistic traits of the characters, describes the fiction as misleading. Through the analysis of “El negro”, with attention to the metaphoric discourse, Salarrué’s realism is viewed as more complex than realism conceived of as a faithful copy of the real world.
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Östlund, David. "Peaceableness as a Weapon in Wars of Swedology." Scandinavistica Vilnensis, no. 14 (May 27, 2019): 147–82. http://dx.doi.org/10.15388/scandinavisticavilnensis.2019.8.
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This article brings forward a set of examples from the “Swedological” literature that had its golden era circa 1930–1980 – i.e. non-Swedish interpretations of Swedish society (or features of it), done in order to fight ideological wars on non-Swedish soil, using Sweden as a case in point. The theme of Sweden as a peaceful nation, both in its internal developments and in its role in the world, was a crucial feature of the genre from the outset. It has been possible to interpret Sweden’s neutrality policies (including heavy production and exports of arms) in different ways. This has also been the case with Swedish attempts to take responsibility in the world, showing global conscience (e.g. through criticism against international bullies or through foreign aid). The theme of peaceableness has, over the decades, been a tool in fights between “Swedophiles” and “Swedoclasts”, both sides applying a certain “logic of debunkery” in their mutual attempts to disclose the opposite camp’s depictions as myths.
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NEMÉSIO, ANDRÉ. "Nomenclatural availability of nomina of new species should always require the deposition of preserved specimens in collections: a rebuttal to Donegan (2008)." Zootaxa 2045, no. 1 (March 18, 2009): 1–14. http://dx.doi.org/10.11646/zootaxa.2045.1.1.
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Recently, a paper (Dubois & Nemésio 2007) expressed general views regarding the deposition of vouchers in public collections to serve as onomatophores (name-bearing type specimens), and it was suggested that deposition should be made explicitly compulsory in the Code, to avoid the growing number of descriptions that skip this process opportunistically based on some apparent ambiguities of the Code. Donegan (2008) made several criticisms to that paper, defending a “liberal approach” of the Code concerning the nature of type specimens. Here I present my rebuttal to Donegan (2008), showing point by point that his criticisms are the sum of misunderstandings of the Code and of the ideas presented in Dubois & Nemésio (2007), allied to some biased and very subjective personal interpretations. The arguments used to allow description without the deposition of voucher(s) are once more demonstrated to be based on articles of the Code that do not serve to this end and the suggestions of amendment of the Code presented by Dubois & Nemésio (2007) are shown to adequately accommodate the concerns of conservationists regarding descriptions of species found on the brink of extinction.
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Bidie, Simphiwe S. "Re-Acquisition by a Company of Own Issued Shares under Sections 48 and 114(1) of the Companies Act 71 of 2008: A Critical Assessment through Capprec." South African Mercantile Law Journal 34, no. 1 (2022): 52–87. http://dx.doi.org/10.47348/samlj/v34/i1a3.
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Since the Companies Act 2008 came into being, there has been no clear direction regarding the interpretation to be given to the provisions regulating buy-back transactions. Recently, the provisions finally received some concrete attention in the judgment of Windell J in First National Nominees (Pty) Limited v Capital Appreciation Limited (Capprec). The judgment is important because it has since provided a measure of clarity on the potent interdependence between sections 48 and 114 of the 2008 Act, and how these must be interpreted. What is of interest is how Windell J set out and interpreted the operation and interdependence between section 48(2)(a), section 48(8)(b) and section 114 of the 2008 Act. Overall, the arguments from both parties in Capprec presented Windell J with a solid foundation that enabled the court to proffer a succinct and illuminating direction on the interpretation and operation of the provisions. This article attempts to extricate whether the course Windell J adopted in her judgment is consistent with what the 2008 Act contemplates, and if not, what would have been the appropriate course to take. The article demonstrates that Windell J did not seize the opportunity to thoroughly engage with section 114(1)(e) regulating buy-back schemes of arrangement and to ascertain what a scheme entails. This is despite the fact that in Capprec both parties’ arguments were underpinned by whether or not the proposed arrangement was a scheme. In this regard, Windell J’s approach is disappointing and is criticised because her interpretation means that the provisions of the 2008 Act have still not been clarified, although we have been waiting for 13 years for clarification. This is an unnecessary oversight by the judge.
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Mitre, Maya. "O OLHAR DE JANUS: AS DUAS FACES DA CRÍTICA DE NIETZSCHE À METAFÍSICA." Síntese: Revista de Filosofia 35, no. 112 (April 13, 2010): 255. http://dx.doi.org/10.20911/21769389v35n112p255-270/2008.
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Este artigo consiste em uma reflexão sobre o caráter dual e complexo da interpretação de Nietzsche sobre a metafísica. Argumenta-se que as críticas do filósofo não têm por alvo a metafísica em si, mas sua subsistência anacrônica e continuada nos valores e instituições do mundo moderno. A dicotomia entre o mundo sensível e uma dimensão transcendente e superior, embora de incontestável valia em certo momento da história humana, passou a se constituir, na era moderna, num formidável entrave à expressão da vontade de poder do homem e, portanto, à sua sobrevivência enquanto tal.Abstract: This article reflects upon the dual and complex character of Nietzsche’s interpretation of metaphysics. It is argued that the philosopher’s criticisms are not directed at metaphysics as such, but rather at its anachronistic and continued presence in the values and institutions of the modern world. The dichotomy between the world of sense experience and a transcendent and superior realm, though of unquestionable value at a certain point in human history, came to be, in the modern era, a fearsome obstacle to the expression of man’s will to power, and, hence, to his very survival.
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Aguilar-González, Luz Rugenia. "Transverse readings: how to build critical audiences." Comunicar 16, no. 31 (October 1, 2008): 27–33. http://dx.doi.org/10.3916/c31-2008-01-003.
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The main point in this article is to discuss the development of the critical reception. The method establishes an analysis of the codes and cultural sources of a specific television show, (that analysis understood as transverse readings), to identify the intertextualities in the show. The purpose is to develop the intertextual competence and the critical vision of the children. The main goal is to make children acquire a critical capacity that enables them to criticize the consumption, the rejection or the interpretation of different television shows.En el presente artículo se realiza una propuesta para el desarrollo de la recepción crítica. El método propone que, por medio del análisis de los códigos y fuentes culturales de un programa televisivo determinado (lo que se entiende como lecturas transversales), se identifiquen las intertextualidades presentes en el mismo. La finalidad es desarrollar la competencia intertextual y la visión crítica de los niños. Ello puede contribuir a que los niños adquieran elementos para que puedan fundamentar críticamente el consumo, el rechazo o la interpretación compleja de programas de televisión.
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Aulia Anastasya Putri Permana and Shafarina Intan Khomsah. "Penafsiran Restriktif Atas Pasal 28 Ayat (2) UU ITE." JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN 24, no. 01 (November 24, 2021): 25–36. http://dx.doi.org/10.24123/yustika.v24i01.4603.
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The purpose this paper to interpret the content of a law, namely is the regulation regarding the ethics of delivering criticism through social media as regulated in the ITE Law. Article 28 Paragraph (2) of the UU ITE is considered to limit constitusional rights of opinin and expression. The explanation of Article 28 Paragraph (2) transctional and electronic information law is gives different interpretations as fragments of paragraph “spreading informaton” and “causing a sense of hatred/hostility”. This considered an unclear limitation on the right to freedom opinion and expression on social media. The problem in study is how to interpret the restrictive and application the law solving problem of hate speech on social media. The method used in this study, normative juridical approach, is the carried out based on the main legal material by examining theories, concepts, legal principles and laws regulations. It can be concluded in Indonesia a legal state where every action citizens is regulated in laws, the regulatin of submitting criticism through social media which is regulated in Law no. 11 of 2008 UU ITE. The Article 28 Paragraph (2) transactional and electronic information law, gives rise to the vage normen (blurred norms). It is can be abused silencing freedom of opinion and even becoming a political weapon. In the application of this law, it is indicated that there is duplication of criminal acts which are actually vulnerable to legal uncertainty so that it has the potential to cause turmoil in society.
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Fenicia, F., H. H. G. Savenije, and Y. Avdeeva. "Anomaly in the rainfall-runoff behaviour of the Meuse catchment. Climate, land use, or land use management?" Hydrology and Earth System Sciences Discussions 5, no. 4 (July 10, 2008): 1787–819. http://dx.doi.org/10.5194/hessd-5-1787-2008.
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Abstract. An anomaly has been found in the rainfall runoff behaviour of the Meuse. Ninety years of rainfall-runoff simulations show a consistent underestimation of the runoff in the period between 1930 and 1965. Different authors have debated possible causes for the anomaly, including climatic variability, land use change and data errors. None of the authors considered the way in which the land is used by for instance agricultural and forestry practises. This paper focuses on the possible effects of land use and land use management on the hydrological response of the Meuse catchment. In absence of detailed information on land use over the observation period, we adopted a fully "top-down" approach to the problem. The approach consists of a dynamic evaluation of a conceptual hydrological model and the interpretation of the temporal trends of model parameters. It appears that land use has had a considerable impact on the hydrological behaviour of the Meuse catchment. The time lag of the catchment has reduced markedly over time, possibly related to more intensive drainage and river training works. Moreover we hypothesise that forest rotation has had a significant impact on the evaporation of the catchment. These results contrast with previous studies, where the effect of land use change on the hydrological behaviour of the Meuse catchment was considered negligible, mainly because there was not sufficient change in land cover to account for it. Here we hypothesise that in the Meuse it was not the change of land cover that was responsible for hydrological change, but rather the way the land was managed.
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Bidie, Simphiwe S. "Dismantling obstacles impeding better governance in companies: Affirming the expansion of the interpretation of "shareholder and director" under section 163 of the 2008 Act." Law, Democracy and Development 25 (December 14, 2021): 1–34. http://dx.doi.org/10.17159/2077-4907/2021/ldd.v25.13.
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Impediments to corporate accountability have over the recent years manifested in diverse forms. What took place in Peel v Hamon J&C Engineering (Pty) Ltd is a case in point. The aim of this article is in two forms. First, from the commentaries and cases consulted, it is clear that the character of who must qualify in terms of the section 163 criterion is not settled. Moreover, this can be gleaned from the criticisms against Moshidi J's judgment in Peel for having extended/expanded the section 163 remedy to afford relief to shareholders and directors whom the legislature may not have contemplated to cover under the relief. The aim here is to argue in support of this expansion as promoting accountability. Secondly, it is to make some comments on the criterion that it is only a shareholder and a director who are accorded locus standi to invoke the remedy. From the discussion, the paper makes numerous commendable observations. First, the complaint raised in Peel was not an abuse of process; it was a genuine complaint/application seeking to address genuine and novel issues which often arise between the parties in company law. Second, Moshidi J's judgment demonstrates evolution/progress for its contextual approach to the section 163 remedy's interpretation. The judgment heralds/foreshadows colossal principles/practices within company law aimed at balancing stakeholder interests. Third, the judgment potently disentangles hurdles which normally impede accountability by company directors. Lastly, the paper recommends that other stakeholders be considered for relief under the remedy.
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Qu, Hsueh. "Hume’s (Ad Hoc?) Appeal to the Calm Passions." Archiv für Geschichte der Philosophie 100, no. 4 (November 28, 2018): 444–69. http://dx.doi.org/10.1515/agph-2018-4003.
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Abstract Hume argues that whenever we seem to be motivated by reason, there are unnoticed calm passions that play this role instead, a move that is often criticised as ad hoc (e. g. Stroud 1977 and Cohon 2008). In response, some commentators propose a conceptual rather than empirical reading of Hume’s conativist thesis, either as a departure from Hume (Stroud 1977), or as an interpretation or rational reconstruction (Bricke 1996). I argue that conceptual accounts face a dilemma: either they render the conativist thesis trivial, or they violate Hume’s thesis that ‘a priori, any thing may produce any thing’ (THN 1.4.5.30). I defend an empirical construal of Hume’s conativist thesis. I provide two theoretical frameworks within which Hume’s appeal to the calm passions may be justified: first, by the framework of theoretical virtues, and secondly, by lights of his own “rules by which to judge of causes and effects” (THN 1.3.15).
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Wang, Wenrui. "The Ways that Digital Technologies Inform Visitor's Engagement with Cultural Heritage Sites: Informal Learning in the Digital Era." GATR Global Journal of Business Social Sciences Review 10, no. 4 (December 30, 2022): 237–48. http://dx.doi.org/10.35609/gjbssr.2022.10.4(3).
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Museum objects and Instagram: agency and communication in digital engagement. Continuum, 32(2), 137–150. 8. Callanan, M. A., & Oakes, L. M. (1992). Preschoolers’ questions and parents’ explanations: Causal thinking in everyday activity. Cognitive Development, 7(2), 213–233. 9. Callanan, M., Cervantes, C., & Loomis, M. (2011). Informal learning. Wiley Interdisciplinary Reviews: Cognitive Science, 2(6), 646–655. 10. Cameron, F. (2003). Digital Futures I: Museum collections, digital technologies, and the cultural construction of knowledge. Curator: The Museum Journal, 46(3), 325–340. 11. Cokley, J., Gilbert, L., Jovic, L., & Hanrick, P. (2016). Growth of ‘Long Tail’in Australian journalism supports new engaging approach to audiences. Continuum, 30(1), 58–74. 12. Cole, M., & Consortium, D. L. (2006). The fifth dimension: An after-school program built on diversity. Russell Sage Foundation. 13. European Commission. 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Johnston, Adrian. "The true Thing is the (w)hole: Freudian-Lacanian Psychoanalysis and Derridean Chronolibidinal Reading – Another Friendly Reply to Martin Hägglund." Derrida Today 6, no. 2 (November 2013): 146–68. http://dx.doi.org/10.3366/drt.2013.0061.
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This article is an installment in an ongoing debate between me and Hägglund. Both here and throughout our exchanges, I argue on behalf of Freud and Lacan against Hägglund's Derrida-inspired critique of psychoanalysis. Prior to the appearance of Hägglund's 2012 book Dying for Time, the back-and-forth between us centered primarily around the issue of just how atheistic Freudian-Lacanian analysis really is in light of the Derridean-Hägglundian ‘radical atheism’ delineated by Hägglund's 2008 book of that title. In this piece, which focuses on the final chapter of Dying for Time, I carry out two interrelated tasks. First, I highlight what I allege to be certain limitations to Hägglund's Derridean ‘chronolibidinalism’ preventing it from doing full justice to the multiple dimensions of psychoanalysis both theoretical and clinical. Second, I offer interpretations of Freud and Lacan sharply contrasting with the readings of these two figures presented by Hägglund in Dying for Time as well as his other texts engaging with analysis. Moreover, in the process, I defend my version of Freudian-Lacanian drive theory as per my 2005 book Time Driven: Metapsychology and the Splitting of the Drive in the face of Hägglund's explicit criticisms of it.
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Walmsley, Jonathan. "Locke, Ayers, and Abstraction." Locke Studies 14 (December 31, 2014): 29–58. http://dx.doi.org/10.5206/ls.2014.708.
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Berkeley famously took Locke’s account of abstraction to be a process of mental separation that creates incomplete ideas which represent many individuals. A number of scholars have more recently tried to rehabilitate Locke’s theory of abstraction and save it from Berkeley’s criticisms. The most steadfast and sophisticated of these scholars is Michael Ayers, who, in a number of publications, has argued that Locke’s theory of abstraction is one of ‘partial consideration’, where a thinker merely considers certain aspects of ideas to form universal representatives. I have written two papers discussing Ayers’s interpretation. The first of these was concerned directly with Ayers’s arguments for his reading of Locke’s views on this subject, the second an account of the evolution of Locke’s theory in the drafts of the Essay, supporting the arguments made in the first. In 2008, Ayers published a response to these articles, revisiting his earlier views, refining them in places, and sketching his own account of the development of Locke’s theory of abstraction. This paper will review Ayers’s new arguments to determine the further support they provide to his contention that Locke’s theory of abstraction was one of ‘partial consideration’. This discussion will also provide an occasion to touch on other recent scholarship on this matter.
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Semprebon, Michela. "L'articolazione tra dinamiche conflittuali, coinvolgimento politico e riconoscimento dei migranti. Uno studio di caso nella Terza Italia." PARTECIPAZIONE E CONFLITTO, no. 3 (March 2013): 101–24. http://dx.doi.org/10.3280/paco2012-003005.
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Italian scholars have demonstrated growing interest in immigrants' political engagement. Most studies have focused on associationism and conventional forms of political participation, while little research has investigated their unconventional involvement. Additionally, in the context of urban conflicts, they have been assumed as passive political actors, or at least this can be deduced from the scarce attention dedicated to them. The paper aims to question this interpretation, while at the same time contributing to research on immigrants' unconventional engagement, through an examination of two conflicts that exploded in north-eastern Italy. In particular, the following questions will be addressed: what shapes can immigrants' political engagement take? How does it articulate with contentious dynamics? Can any form of recognition emerge from it? In order to answer these questions, evi- dence will be drawn from a research carried out in the cities of Modena and Verona, between 2008 and 2010. The analysis will build on the theoretical perspective by Dancygier (2010) to then criticise its scarce dynamicity with respect to a pragmatic approach. Contentious dynamics will be inspected alongside their articulation with immigrants' political engagement. This will provide empirical material to test the key hypothesis by Dancygier, according to whom it is power which mainly contributes to the emergence of native-immigrants conflicts, and the lack of it which anticipates the emergence of immigrants-state actors conflicts. The analysis will then be taken further to explore the type of ‘recognition' (Fraser and Honneth 2007) that can derive from urban conflicts.
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Waller, Jacob. "Gone but not Forgotten: In Defence of Hickman." Federal Law Review 46, no. 2 (June 2018): 259–85. http://dx.doi.org/10.1177/0067205x1804600204.
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Judicial review of executive action is the stage upon which all three arms of government engage in stark interplay. The High Court, by virtue of s 75(v) of the Constitution, is vested with supervisory jurisdiction to undertake judicial review of executive action and to grant the constitutional writs of mandamus, prohibition and injunction. However, for centuries, legislatures have enacted privative clauses designed to limit the ability of courts to perform this function, thereby unshackling the executive from judicial restraint. In 1945, the authoritative approach in Australia to construing such clauses was established in the case of Hickman. This approach was substantially overturned by the High Court in 2003 in the case of Plaintiff S157. In this much lauded case, the High Court recognised that s 75(v) amounts to an ‘entrenched minimum provision of judicial review’ and constitutes ‘textual reinforcement’ of the rule of law. Notwithstanding this strong stance, by 2008 the High Court had given effect to a so-called no-invalidity clause which, although conceptually different from the privative clause, enabled Parliament to evade the reach of the High Court's constitutional jurisdiction. This paper seeks to defend Hickman on its own terms, arguing that it is consistent with the modern jurisprudence on statutory interpretation. It then proceeds to criticise the soundness of Plaintiff S157. Finally, it claims that a return to Hickman represents the best way in which to construe no-invalidity clauses.
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Stojanowska, Wanda, and Paulina Wypierowska. "UZNANIE OJCOSTWA W TOKU PROCESU O USTALENIE OJCOSTWA PRZEZ MĘŻCZYZNĘ BĘDĄCEGO STRONĄ W TYM POSTĘPOWANIU." Zeszyty Prawnicze 13, no. 2 (December 13, 2016): 59. http://dx.doi.org/10.21697/zp.2013.13.2.04.
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ADMISSION OF PATERNITY DURING A PATERNITY CASE BY THE MAN WHO IS A PARTY IN THE PROCEEDINGSSummaryThe subject of this article is the provision of the new § 2 added to Art. 72 of the Polish Family and Guardianship Code (Kodeks rodzinny i opiekuńczy) in the amendment of 6 November 2008, which came into force on 13 June 2009. Under this provision, “the admission of paternity is not possible if paternity proceedings have already started.” The provision has provoked heated argument in the juristic literature, boiling down to the question whether the admission of paternity by the man who is a party in a paternity case is admissible and possible. Most authors have considered this admissible and, moreover, they have strongly criticised the wording of the new provision, which is very unclear. In view of the controversy in the doctrine, it was highly necessary to examine data on paternity cases to establish the trend in court decisions, that is how the courts are interpreting the provision of § 2 of Art. 72 of the Family and Guardianship Code, whether they are accepting the interpretation of this provision as allowing the admission of paternity in court while a paternity case is already in progress, or whether they are treating the this provision as a prohibition on the admission of paternity in such circumstances and strictly observing it. The article contains an analysis of the research data from 50 paternity cases heard in three family courts in the district of Warsaw following the amendment. 84% of the cases concluded with the man who was the party in the case admitting paternity. Thus the court decisions show that such a solution is admissible, and the interpretation of the provision adopted by the majority of representatives of the doctrine is being implemented in forensic practice.