Apparent Clash Research Articles

Biografie rivisitate. Il caso Yeats-Ellis

After collaborating on The Works of William Blake. Poetic, Symbolic, and Critical (1893), William Butler Yeats and Edwin John Ellis individually published additional volumes on William Blake. These editions trace the contours of each editor’s unique approach to William Blake’s works, revealing a fascinating tension between mysticism and scholarship. The apparent clash of their perspectives not only influenced the selection and interpretation of Blake’s poetry, but also interestingly shaped their biographies of Blake. The current essay looks at Yeats and Ellis’ distinct authorial intent, taking their biographies of Blake as case studies to outline the growing controversy between the two editors. This divergence highlights the multifaceted nature of Blake’s legacy and the ongoing debate on the most appropriate lens through which to view his life and work.

Infrastructural clashes: Induced scarcity and governing refugees through depletion

This paper deals with the repeated infrastructural breakdowns in Greek refugee camps. It introduces the concept of “infrastructural clashes” to highlight the apparent clash between, on the one hand, high-tech control systems and, on the other, the failures and scarcity of basic infrastructures in camps - such as electricity, running water and food. It argues that infrastructural clashes are not side-effects but, rather, constitutive components of modes of governing by debilitating refugees. The article starts by developing the concept of infrastructural clashes, grounding it in the literature on camp geographies and migration infrastructures. It moves on by exploring the nexus between infrastructural clashes and politics of induced scarcity in Greece, illustrating how this depletes refugees and extracts value from their vitality. It contends that they enhance carcerality beyond detention. The last section engages with refugees’ mobilisations against induced scarcity: their claims foreground that infrastructural clashes enhance protracted dependency. The depletion strengthened through infrastructural clashes shows that refugees are not only obstructed in their mobility but also in their attempt to re-build their lives and to engage in autonomous social reproduction activities.

The Curious Case of Children's Detective Fiction: Analysing the Adaptation of the Classic Detective Formula for a Child Audience

The popularity of the children's detective genre defies an apparent clash between the nature of the genre, specifically its reliance on readerly ability and capital crime, and children's literature's specific group of readers, and thus invites investigation. It is therefore peculiar that children's detective fiction has not enjoyed much scholarship, particularly in the English language. While the detective genre is usually discussed under the umbrella term of ‘crime literature’ when it enjoys an adult readership, in children's literature scholarship it is usually tucked into the categories of the ‘adventure’ or ‘mystery’ story. This article aims to address the relative lack of scholarship on children's detective fiction by analysing how the classic detective is adapted for child readers. 1

Planning for the Next Pandemic: Ethics and Innovation Today for Improved Clinical Trials Tomorrow

The coronavirus pandemic has brought public attention to the steps required to produce valid scientific clinical research in drug development. Traditional ethical principles that guide clinical research remain the guiding compass for physicians, patients, public health officials, investigators, drug developers and the public. Accelerating the process of delivering safe and effective treatments and vaccines against COVID-19 is a moral imperative. The apparent clash between the regulated system of phased randomized clinical trials and urgent public health need requires leveraging innovation with ethical scientific rigor. We reflect on the Belmont principles of autonomy, beneficence and justice as the pandemic unfolds, and illustrate the role of innovative clinical trial designs in alleviating pandemic challenges. Our discussion highlights selected types of innovative trial design and correlates them with ethical parameters and public health benefits. Details are provided for platform trials and other innovative designs such as basket and umbrella trials, designs leveraging external data sources, multi-stage seamless trials, preplanned control arm data sharing between larger trials, and higher order systems of linked trials coordinated more broadly between individual trials and phases of development, recently introduced conceptually as “PIPELINEs.”

Sino-US Antagonism in the South China Sea; Is it the Second Cold War?

South China Sea is a region of interest for both China, US and many other nations. For China, the South China sea is as important as the Caribbean Sea was important for the US in the first Cold War. The US, through small states near the South China Sea like Taiwan, Philippines, and Vietnam and japan spar Chinese hegemony in the region. China is ready to transgress international law when things go against the interests of China in the periphery of the South China Sea. China has created synthetic islands in the South China Sea, and these constructions are viewed ambiguously by the US. The surveillance of US warships in the region and its military support to Taiwan, Philippines and Vietnam evidently depicts the existence of a second Cold War in the region. China’s economy is an export-based economy, and most of the exports of China are sent through the South China Sea. An Apparent Clash of interests between the US and China is visible in the form of a new Cold War in the South China Sea.

O processo penal constitucional e a questão do mandado de busca e apreensão coletivo

O objetivo geral do presente artigo é debater a inviolabilidade constitucional do domicílio, estimando direitos e garantias fundamentais previstas na Constituição da República Federativa do Brasil. Para tal, serão descritos os direitos e garantias fundamentais, definindo ainda o mandado de busca e apreensão e o mandado de busca e apreensão coletivo. Será discutido, por fim, o crime organizado e seu combate, mencionando a recente intervenção federal decretada no Rio de Janeiro e o suposto conflito entre direitos individuais e a segurança pública. O escopo será o de atingir uma conclusão a respeito da constitucionalidade do mandado de busca e apreensão genérico, ante o embate aparente entre direitos individuais e coletivos.

Samorząd zawodowy adwokatów w opinii jego członków

The model of public administration which emerged in Poland after 1989 assumes that its tasks are performed by the apparatus of the centralized government administration as well as by a diversified system of bodies or institutions that operate independently and fulfill public tasks, vested in them by virtue of law, in their own names and on their own accounts. Administrative tasks are performed by obligatory units and by the professional self-governing bodies, among other entities. They play a very important role in the system of representing defined so- cial groups’ interests because they are set up by the professions whose social significance re- quires the highest vocational and moral qualifications. The Chamber of Lawyers is worthy of particular attention, with its rich history and the fact that it forms the kernel of several corpora- tions of professions of public trust. However, recently there are increasing concerns about the justification for such structures and their operation in the public realm. Professional self-governing bodies are being subjected to social and media criticism, and are also criticized by their own members. The main accusa- tion of the representatives of a given profession concerns the apparent clash of their group’s interests with the social interest. All these doubts have resulted in a clear tendency of the progressive limitation of the com- petences of professional self-governing bodies in Poland and their takeover by the state ad- ministration. Several decades of self-government experience is a sufficient period to reveal the shortcomings of a given organization and to demonstrate the need to critically review cur- rent solutions. It is beyond doubt, however, that such a review should be performed by those who are most concerned with the development of a given profession, that is, by the members of a given professional self-governing body. For this purpose a questionnaire has been carried out with the approval of the Supreme Bar Council and with assistance from its officers. The purpose was to answer the question of what is the actual assessment of the work of the Chamber of Lawyers by the members of this pro- fession? The survey results show that lawyers have extensive knowledge of how their own professional self-governing body works. Although the general conclusions are mostly posi- tive, lawyers indicate numerous fields where changes should be introduced. It is clear that self-government has become an inherent part of this profession. Lawyers deem the existence of their professional self-government to be an institution required not only by themselves, but also by social interest.

Redefining environmental stewardship to deliver governance frameworks for marine biodiversity beyond national jurisdiction

Abstract In 2015 the United Nations General Assembly decided to develop an international legally binding instrument (ILBI) under the United Nations Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. To that end, it established a Preparatory Committee (PrepCom), to make substantive recommendations to the General Assembly on the elements of a draft text of an ILBI. The PrepCom has identified the tension between the principle of the common heritage of mankind and high seas freedoms embodied in UNCLOS as one of the issues which must be addressed in such an international agreement. Some participants in the process have proposed a sui generis regime as a way of resolving any apparent clash of these international legal principles, particularly as it relates to marine genetic resources and their access and benefit sharing. This article argues that environmental stewardship may provide the framework for such a sui generis regime. For it to do so, however, it must be grounded in international legal principles and act as a balance between competing values, perspectives and interests in the conservation and sustainable use of marine biodiversity beyond national jurisdiction. If appropriately redefined in this way, environmental stewardship can deliver a governance framework which addresses some of the central issues with which the PrepCom will have to deal. These include the practical problems of access and benefit sharing of the marine genetic resources of areas beyond national jurisdiction, and reconciling the conflicting pressure for international decision-making for the conservation and sustainable use of marine biological diversity on the one hand, and the maintenance of existing regional and sectoral frameworks on the other. Environmental stewardship, redefined, can provide an intellectual framework for an ILBI under UNCLOS on marine biodiversity beyond national jurisdiction.

Randomized Caches Can Be Pretty Useful to Hard Real-Time Systems

Cache randomization per se, and its viability for probabilistic timing analysis (PTA) of critical real-time systems, are receiving increasingly close attention from the scientific community and the industrial practitioners. In fact, the very notion of introducing randomness and probabilities in time-critical systems has caused strenuous debates owing to the apparent clash that this idea has with the strictly deterministic view traditionally held for those systems. A paper recently appeared in LITES (Reineke, J. (2014). Randomized Caches Considered Harmful in Hard Real-Time Systems. LITES, 1(1), 03:1-03:13.) provides a critical analysis of the weaknesses and risks entailed in using randomized caches in hard real-time systems. In order to provide the interested reader with a fuller, balanced appreciation of the subject matter, a critical analysis of the benefits brought about by that innovation should be provided also. This short paper addresses that need by revisiting the array of issues addressed in the cited work, in the light of the latest advances to the relevant state of the art. Accordingly, we show that the potential benefits of randomized caches do offset their limitations, causing them to be - when used in conjunction with PTA - a serious competitor to conventional designs.

When God Commands Disobedience: Political Liberalism and Unreasonable Religions

Some religiously devout individuals believe divine command can override an obligation to obey the law where the two are in conflict. At the extreme, some individuals believe that acts of violence that seek to change or punish a political community, or to prevent others from violating what they take to be God’s law, are morally justified. In the face of this apparent clash between religious and political commitments it might seem that modern versions of political morality—such as John Rawls’s political liberalism—that refuse to take a stance on controversial religious matters, or eschew appeal to perfectionist doctrines, are beset by a particularly acute version of this problem of religious disobedience. Whilst political liberalism follows this path so as to generate wide and stable support, it raises the question of how political liberals should respond to religiously motivated non-compliance with the norms of that liberal conception of justice. This article evaluates what resources are available to political liberalism to respond to this challenge. It examines whether anti-perfectionism can be sustained in the face of those whose religious beliefs are in conflict with the law. We argue that, under certain circumstances, political liberalism requires direct engagement with the religious views of the unreasonable, including offering religious arguments to show that their particular interpretation of their faith is mistaken. This view takes political liberalism away from its usual ambitions, but it is a position that is both anticipated by Rawls and consistent with his view. It does, however, require that political liberals give up the claim that the view is a wholly non-sectarian, purely political view, and accept that, under certain circumstances it is a partially comprehensive version of liberal theory.

Teaching in higher education institutions in Algeria: A clash of paedagogies?

Algerian teaching teachers, like their counterparts in most Muslims countries, face a paedagogical dilemma between, on the one hand, Islamic traditional paedagogy, on the other, Western paedagogy. The paper shows to what extent Islamic paedagogy has impacted on teachers’ paedagogy in Algerian universities despite efforts to keep up with modern teaching theories. It shows also that Algerian teacher’s folk paedagogy, mostly based on traditional practices, influences teaching. Given this context, teachers have developed a hybrid paedagogy based on improvisation and their folk paedagogy in the absence of a formal training scheme. In this apparent clash of paedagogy, the paper argues for a cross-cultural paedagogy.

THE RED THREAD OF HISTORY

The modern Munster rugby phenomenon emerged from cultural and structural changes that occurred in Irish rugby in the wake of the game's transition to professionalism and resultant commercialisation in the mid-1990s. The on-field success of the team, particularly in the European Rugby Cup, saw Munster quickly garner mass popular support and symbols such as flags, songs and the team's home ground in Limerick provided cultural cohesion and a shared sense of provincial identity. Much of the often hyperbolic media comment that has accompanied these developments has focused on celebrating the apparent distinctiveness of the game's social appeal in the province and particularly in its cultural hearth in Limerick. This article will assess the extent to which media comment and representation have mythologised Munster rugby and created a series of narratives that see the early-twenty-first-century success as being part of a historical continuum. Foundation myths such as the 1978 victory over the All Blacks and the apparent clash of cultures and classes that characterise the Munster/Leinster rivalry will be assessed in terms of their respective media treatments before and after the onset of professional rugby. Newspapers as well as various commemorative media such as documentaries, books and plays will comprise the material under analysis with their ability to create and propagate myth, being the central concern of the article.

Is Precautionary Regulation a Civil Law Instrument? Lessons from the History of the Alkali Act

Explanations for cross-national divergence in attitudes towards precautionary regulation have largely neglected the potential influence of legal traditions, notably the tension between precautionary tools and the common law’s reactive approach. This is partially due to the apparent clash between this thesis and the early emergence in Britain of precautionary regulation under the 1863 Alkali Act. Historical accounts of this development have focused entirely on domestic factors, entrenching in the process an understanding of the Alkali Act — and Britain more generally — as the origin of centralised precautionary environmental regulation. In contrast, this article argues that the Act was directly inspired by French and other continental regulatory models, and that the regime it spawned constituted a continental-common law hybrid. If the Alkali Act regime was partially transplanted from the Continent, it becomes easier to reconcile the civil law character of precautionary regulation with the evident presence of that instrument in Victorian Britain.

Subjective modality and tense in Persian

The present paper sets out to focus on an aspect of the modal system of Persian which, despite its crucial role in interactive discourse, has not received the treatment it deserves. More precisely, the paper seeks to investigate how the simple past is deployed to express subjective epistemic and deontic modality within a future-oriented framework. This apparent clash between tense and time can be explained in terms of a set of recognition criteria: tense-distinction, interrogation, conditionality and modal harmony. The clash is also explicable pragmatically in that it is heavily context-dependent. In both cases, the underlying assumption is that the modality under consideration is invariably construed as indicating certainty, disbelief, challenge, nonchalance or obligation with respect to a particular state of affairs.

When Rights Clash Online: The Tracking of P2p Copyright Infringements Vs. the EC Personal Data Directive

‘ Anti-piracy Group Broke Swedish Data Laws ’ . This was the headline to a news story published on the 10 th of June 2005 by The Local, a Swedish online news publication. As it turns out, one of Sweden’s anti-piracy groups, Antipiratbyran (APB), in its bid to track copyright infringers, allegedly processed the personal data of Swedish peer to peer (p2p) fi le sharers in contravention of the Swedish Personal Data Act. This story is representative of the divergent perspectives that have been adopted by copyright owners and p2p fi le sharers. On one hand, a review of postings in some of the forums frequented by p2p participants indicates that some fi le sharers assume that there should be a legal rule by which copyright holders are prevented from invading their privacy. On the other hand, developments in the US go to show that the copyright holders seem to have taken the view that the fi ght against online copyright infringements should supersede all privacy considerations. There is therefore an apparent clash between two well-recognised rights, copyrights and data protection/informational privacy. The need to carefully consider this clash with a view to a possible resolution has now inspired this paper.

"Girl, You Are Not Morena. We Are Negras!": Questioning the Concept of "Race" in Southern Bahia, Brazil

In 2003, teachers at the municipal high school in Belmonte, Brazil, began presenting students with a radically different ideology about racial categorization: an essentialized ideology that defines anyone not "purely" branco (white) as negro (black). This system of categorization conflicts with popular belief in a mixed‐race moreno identity based not only on ancestry but also on observable physical features. Through a combination of ethnographic and experimental methods, I examine this apparent clash of ideologies in Belmonte with respect to academic theories on the cognition of race and ethnicity. I show how children and adults integrate certain aspects of essentialism but not others in their constructions of identity and in the way they reason about hypothetical scenarios. These nuanced solutions to the challenges posed by explicit conflicts over supposedly natural categories lead to my own questioning of race in anthropological theory.

The Remains of the Say: Zero, Double‐crossing and the Landscaping of Language

This essay argues for a “landscaping” understanding of language, contrasting this with the more contemporary tradition of deconstruction, through Saussure, on difference. The paper opens with an evocation of the method of “double crossing” in Heidegger's (1959) deconstruction of Western ontology, before drawing extensively on Heidegger's later discussion of the “bridge” to illustrate his landscaping argument over language. By crossing and criss‐crossing this reading of Heidegger with a critique of the same essay by Hillis Miller, a strong similarity in deconstructive technique is elicited despite an apparent clash in their views about language.

“I don’t want to be an artificial man”: Narrative reconstruction of sexuality among prostate cancer survivors

After interviewing prostate cancer support group members, I use narrative analysis to examine survivors’ post-illness stories of changes in sexual activity and identity. The main events in the narratives were the choice of a treatment option and the post-treatment changes in survivors’ sex lives, whether described as the end of the sex life or the beginning of a modified one. Survivors characterized their wives as uninterested in sex and seldom described support group peers as helpful sources of sex-related information. The value of health took precedence over the desire for sex among men who experienced erectile dysfunction. My observations suggest implications related to (a) masculine identity, (b) sex among the elderly, (c) the social construction of sexuality, (d) defining and redefining sexuality, (e) physician-patient interaction, (f) sex talk among social support group members, and (g) the apparent clash between the values of sex and health.

Democracy, prosperity, citizens and the state

Political discontent has grown in the prosperous post‐war era, a phenomenon that is described, compared, and explained in the United States and Canada. Various theories, which purport to explain political content, are reviewed and a structural explanation is offered: governments began the last half of the 20th Century as agents for the market and ended up by the 1990's as agents of the market. As such, governments have developed commercial relationships with citizens while neglecting to sustain earlier social relationships. Thus, political discontent is an outcome of a clash between commercial and social relationships, or between the institutions of democracy and the market. A new balance between social and contractual relationships presently sustained between governments and the people in the West as well as by governments and the people in Islamic civilization might help defuse the apparent clash between two. In other words, a new balance might moderate the apparent prevalent Islamic view that the West is characterized by crass commercialism in most of its relations; it might also vitiate the Western perception that the Islamic world is rife with blind religious intolerance in most of its internal and external relations. In the meantime, Western governments must re‐establish themselves as entities separate from and ennobled by social purpose as well as by social covenant in order to prevent further deterioration in political contentment. After all, stable, vigorous, and well‐supported democratic institutions have a prodigious capacity to absorb challenges from within and from without and to assimilate those challenges into new directions in policy, to the benefit of citizens of Western nations as well as to the benefit of people from nations based on other civilizations, including Islamic civilization.

Balancing Rights and Duties in ‘Life and Death’ Decision Making Involving Children: a role for nurses?

In recent years, increasing pressures have been brought to bear upon nurses and others more closely to inform, involve and support the rights of parents or guardians when crucial 'life and death' ethical decisions are made on behalf of their seriously ill child. Such decisions can be very painful for all involved, and may easily become deadlocked when there is an apparent clash of moral ideals or values between the medical team and the parents or guardians. This article examines a growing number of such cases in New Zealand and analyses the moral parameters, processes, outcomes and ethical responses that must be considered when life and death ethical decisions involving children are made. The article concludes with a recommendation that nurses should be recognized as perhaps the most suitable of all health care personnel when careful mediation is needed to produce an acceptable moral outcome in difficult ethical situations.