Implicit Principle Research Articles

Legitimation Crisis: Notes on Benjamin Buchloh’s Method

Abstract This article seeks to determine the basis for judgments on works of art in the writings of the art historian and critic Benjamin Buchloh. I argue that Buchloh’s judgments are not Kantian aesthetic judgments, nor are they consequentialist moral or political judgments as to the positive or negative effects of artworks. Rather, Buchloh’s judgments are based upon an implicit principle of ‘legitimacy’ or ‘credibility’ that is distinct from the mere possibility of specific artistic practices. I identify several factors that, for Buchloh, are involved in determining the legitimacy of any work of art. In the process I highlight apparent contradictions that result from Buchloh’s rhetoric, specifically his tendency to conflate constitutive conditions of possibility with normative value judgments. For Buchloh, it is only through a successful negotiation of these factors that an artwork succeeds in constituting itself as a meaningful ‘enunciation’ within the structuring system of artistic practice at a given moment.

'Regard is to Be Had': The Legislative Intent of Article 7 (1) of the CISG (part 2)

This chapter argues that 'regard is to be had' pertaining to 'good faith' means that the acts and omissions of the parties must be interpreted considering the principle they observe good faith in international trade. Furthermore, 'good faith' was an implicit principle which would have had implications for the CISG interpretation and the contract between the parties even if not included in the text. However, if not included, the approach taken by UNCITRAL might be deemed as against 'good faith'. Additionally, 'good faith' was not built upon a prior uniform law.

Food values: How they relate to legality

Introduction A value is an implicit principle that arises from judgments about everything around people, whereas a value system is a set of values ordered according to personal preferences. In this context, values can be seen as the adherence to an implicit or explicit set of rules, many of which are related to legality. In this study, legality is understood as the willingness of citizens to abide by the existing set of formal laws. A value system can guide consumers' food choices and provide information on their preferences. In this way, the citizens' food value system can influence the decisions of producers and policymakers. Methods The present study investigates the food value system of a sample of young adults using the Best-Worst Scale method. Results Values such as environmental impact rank high in their value system, indicating that adherence to a set of implicit rules and regulations concerning the environment are very important values when choosing food. Discussion Although adherence to a legal system that protects a public good (the environment) is considered an essential value, legality per se is not. This might suggest, on the one hand, a lack of awareness of legality issues in the Italian food system and, on the other hand, a strong interest in issues perceived as more urgent.

“Simple rules” as an approach to corporate selection of CSR strategies

PurposeThis paper aims to adopt the “simple rules” approach developed by Sull and Eisenhardt (2016) and apply it to explain how corporate social responsibility (CSR) manifests in myriad ways depending on the particular socio-economic and geopolitical context.Design/methodology/approachIt illustrates the implicit principle of “simple rules” through the case of a major petroleum company in the United Arab Emirates (Emirates National Oil Company [ENOC]) using content analysis to trace its interpretation and practice of CSR as transmitted via its social media platforms and stakeholder response.FindingsENOC’s CSR is primarily associated with two government objectives. One relates to human resource initiatives, most especially to the development of local talent in response to the government’s priority of reducing the country’s excessive reliance on expatriate labor. The second is that of preserving local heritage which is reflected in the prominence of local religious values in its posts. The prioritization of these two key themes is a manifestation of how, from the vast range of activities that can be considered as constituting CSR, an individual company chooses those that serve local and immediate intentions.Social implicationsA tight scoping of CSR within cherished national objectives appears to enhance the co-creation of shared value between company and stakeholders.Originality/valueThis study’s contribution does not so much problematize the many classifications and theories developed to account for diverse conceptualizations and implementations of CSR; rather, it proposes a “simple rules” approach as a parallel and potentially efficient, economical means to explain diversity within CSR interpretation and execution according to the specific geopolitical and socio-economic context in which it is implemented.

The Liar’s Mark: Character and Forfeiture in Federal Rule of Evidence 609(a)(2)

Rule 609(a)(2) of the Federal Rules of Evidence is an outlier. The Rule mandates admission of impeaching evidence of a witness’s past convictions for crimes of dishonesty. It is the only place in the Rules where judges are denied their usual discretion to exclude evidence on the grounds that its admission would be more prejudicial than probative. This Note analyzes three assumptions underlying this unusual Rule: (1) that there is a coherently definable category of crimes of dishonesty, (2) that convictions for crimes of dishonesty are uniquely probative of a person’s character, and (3) that an assessment of moral character based on past convictions will be suitably predictive of a person’s reliability as a witness. These assumptions are false and so do not justify the mandatory admission of convictions under the Rule. The final Part of this Note argues that Rule 609(a)(2) is better understood as operating on an implicit principle of forfeiture. Recognizing this and modifying the structure of the Rule accordingly cures some of its current defects. But these revisions still leave something deeply concerning about Rule 609(a)(2). The logic of forfeiture substitutes a normative judgment about a particular class of people in place of an evidentiary judgment about the probative value of a certain kind of information. This Note concludes that this substitution is unprincipled and unjust, and that therefore Rule 609(a)(2) should be eliminated.

Animal welfare as an implicit constitutional principle and as a proportional and justified limit to fundamental rights in the Mexican Constitution

In 2018 the Supreme Court of Justice of the Nation, passed Resolution 163/2018, establishing the important precedent of considering animal welfare as an implicit principle in the Constitution and as a limit to the law and to culture and cultural practices that go against the principles of a democratic state of law.

Government response to COVID-19 in the Czech Republic: February–July 2020

The Czech Republic initially managed the outbreak of the novel coronavirus remarkably, with relatively few cases and low death rate. Its public health response was characterized by swift implementation of public health measures driven by an implicit precautionary principle, but also chaotic communication of measures and a lack of transparency in justifying individual policies. June and July 2020 have seen a rise in COVID-19 cases linked to two regional clusters but later associated with community transmission, which exposed weaknesses in the country’s test-trace-isolate system.

Unconditionally stable FDTD scattered field formulation for dispersive media

ABSTRACTA new unconditionally stable scattered field (SF) formulation for the finite difference time domain (FDTD) technique applied to dispersive media is presented. The scheme is based on alternating direction implicit (ADI) principle but, unlike ADI, it does not require computation and storage of field values at the intermediate time steps which reduces computational costs and memory. Dispersive media characterized by Debye and Lorentz models are incorporated in the proposed SF FDTD scheme by auxiliary differential equation (ADE) method. For each of the dispersive media unconditional stability and accuracy of the scheme are validated by numerical tests. The scheme can perform faster than the explicit FDTD scheme at Courant number as low as three. © 2016 Wiley Periodicals, Inc. Microwave Opt Technol Lett 58:1778–1782, 2016

A Note on Johnson’s ‘A Refutation of Skeptical Theism’

In a recent article, David Kyle Johnson has claimed to have provided a ‘refutation’ of skeptical theism. Johnson’s refutation raises several interesting issues. But in this note, I focus on only one—an implicit principle Johnson uses in his refutation to update probabilities after receiving new evidence. I argue that this principle is false. Consequently, Johnson’s refutation, as it currently stands, is undermined.

The Black Box of Business Dynamics

Research in business dynamics has been advancing rapidly in the last years but the translation of the new knowledge to industrial policy design is slow. One striking aspect in the policy area is that although research and analysis do not identify the existence of an specific optimal rate of business creation and business exit, governments everywhere have adopted business start-up support programs with the implicit principle that the more the better. The purpose of this article is to contribute to understand the implications of the available research for policy design.Economic analysis has identified firm heterogeneity as being the most salient characteristic of industrial dynamics, and so a better knowledge of the different types of entrepreneur, their behavior and their specific contribution to innovation and growth would enable us to see into the ‘black box’ of business dynamics and improve the design of appropriate public policies. The empirical analysis performed here shows that not all new business have the same impact on relevant economic variables, and that self-employment is of quite a different economic nature to that of firms with employees. It is argued that public programs should not promote indiscriminate entry but rather give priority to able entrants with survival capacities. Survival of entrants is positively related to their size at birth. Innovation and investment improve the likelihood of survival of new manufacturing start-ups. Investment in R&D increases the risk of failure in new firms, although it improves the competitiveness of incumbents.

Cosmology, Mach’s principle and relativity

The significance of Mach’s principle (and the implicit relativity principle) for field theory is discussed, also the significance of zero-mass boson fields for the geometry of the physical space. The significance of such fields for Mach’s principle within the framework of cosmology is also discussed. It is suggested that the distant matter of the universe generates one or two zero-mass boson fields, very likely a tensor field and perhaps a scalar, and that each of these fields propagates, carrying into the laboratory a quasistatic influence having its origin primarily in the distant matter of the universe. The observable effects of these “Machian fields” are described.

The Argentine Approach to Radiation Safety: Its Ethical Basis

The ethical bases of Argentina′s radiation safety approach are reviewed. The applied principles are those recommended and established internationally, namely: the principle of justification of decisions that alters the radiation exposure situation; the principle of optimization of protection and safety; the principle of individual protection for restricting possible inequitable outcomes of optimized safety; and the implicit principle of intergenerational prudence for protection future generations and the habitat. The principles are compared vis-à-vis the prevalent ethical doctrines: justification vis-à-vis teleology; optimization vis-à-vis utilitarianism; individual protection vis-à-vis deontology; and, intergenerational prudence vis-à-vis aretaicism (or virtuosity). The application of the principles and their ethics in Argentina is analysed. These principles are applied to ALL exposure to radiation harm; namely, to exposures to actual doses and to exposures to actual risk and potential doses, including those related to the safety of nuclear installations, and they are harmonized and applied in conjunction. It is concluded that building a bridge among all available ethical doctrines and applying it to radiation safety against actual doses and actual risk and potential doses is at the roots of the successful nuclear regulatory experience in Argentina.

The Black Box of Business Dynamics

Research in business dynamics has been advancing rapidly in the last years but the translation of the new knowledge to industrial policy design is slow. One striking aspect in the policy area is that although research and analysis do not identify the existence of an specific optimal rate of business creation and business exit, governments everywhere have adopted business start-up support programs with the implicit principle that the more the better. The purpose of this article is to contribute to understand the implications of the available research for policy design. Economic analysis has identified firm heterogeneity as being the most salient characteristic of industrial dynamics, and so a better knowledge of the different types of entrepreneur, their behavior and their specific contribution to innovation and growth would enable us to see into the ‘black box’ of business dynamics and improve the design of appropriate public policies. The empirical analysis performed here shows that not all new business have the same impact on relevant economic variables, and that self-employment is of quite a different economic nature to that of firms with employees. It is argued that public programs should not promote indiscriminate entry but rather give priority to able entrants with survival capacities. Survival of entrants is positively related to their size at birth. Innovation and investment improve the likelihood of survival of new manufacturing start-ups. Investment in R&D increases the risk of failure in new firms, although it improves the competitiveness of incumbents.

The Treaty of Waitangi in Contemporary New Zealand Politics

This paper identifies three discourses that are prominent in contemporary Treaty of Waitangi policy debate, each with significantly different implications for Maori political status within the modern nation-state. At one extreme the Treaty's significance is exaggerated by overemphasis on partnership as an implicit Treaty principle. At another extreme the Treaty's significance is understated by an assimilationist position that denies the Treaty's relevance to Indigenous rights which, in turn, imposes serious constraint on the extent to which partnership can actually develop into comprehensive policy practice. An alternative position is one that sees the Treaty, which is supported in international law, as affirming a twofold conception of citizenship as the basis of both individual and collective Maori rights.

The economic value of water use: Implications for implementing the Water Framework Directive in Scotland

The European Union Water Framework Directive (WFD) enshrines several economic principles in pursuit of ‘good ecological status’ for Europe's waters and rationalising water use in society. The implicit principle of maximising the social value from use of a scarce resource is reminiscent of the debate about treating water as an economic good, which has competing uses in society. This paper locates the debate about the economic value of water in the requirements of WFD. Specifically, we consider the implications of national reporting requirements for the economic characterisation report that stress the identification of relative value derived from use. As part of the Scottish contribution to the UK reporting exercise, we use a range of secondary data sources to derive economic values for water on a sector basis. We suggest whether the implications of different water values can be followed through in the WFD.

On Nachträglichkeit: The modernity of an old concept

Nachträglichkeit provides the memory, not the event, with traumatic signifi cance and signifi es a circular complementarity of both directions of time. Conceived by Freud as early as 1895 in the Project for a scientifi c psychology, the concept remains in his work without offi cial status but through its character of biphasic development and latency indispensable for understanding temporal connections and psychic causality. As an implicit principle it is linked with the postponement and biphasic onset of sexual life & and retains its sometimes hidden importance until the late Moses study. Temporarily virtually forgotten, it was recalled to memory by Lacan in 1953. Translations into French as après‐coup and into English as ‘deferred action’ emphasized the two vectors (retroactivity and after‐effect) separately which are united in the substantive form coined by Freud. Unnoticed, it played a part in many aspects of clinical practice, especially in Winnicott's Fear of breakdown and the subsequent (nachträglich) working through of unconscious infantile and transgenerational confl icts. The author uses a clinical illustration to elucidate the belated understanding of the striving for non‐existence in Winnicott's sense. Wolfgang Loch extended Freud's concept of Nachträglichkeit in a constructivist way, advocating an art of interpretation as an innovative enterprise through which connections are not only unmasked but also created, constituted by subsequent (nachträglich) reinterpretation of a subjective past. Very briefl y the author refers to the interdisciplinary reception of the concept of Nachträglichkeit, especially in cultural studies.

Ontology and magic: A conceptual exploration of denial following bereavement

Why is it that we commonly experience such difficulty in accepting the death of someone close to us? It is the contention of this paper that one of the conglomeration of issues raised by the death of another person concerns the challenge of assimilating the transition from existence to non-existence. This is an ontological dilemma, mediated by both cognitive and linguistic structures. Cognitive factors operate to the extent that we attempt to apply an implicit principle of continuity to both concrete and abstract concepts, and defend this principle from disconfirmation by resort to magical thinking. Linguistic factors may influence reactions to bereavement to the extent that we commonly use such concepts as “identity” and “person” so as to engender an expectancy of persistence beyond death and that our defence of this expectation is again reflected in magical thinking. From this particular perspective then, the denial associated with bereavement is both cognitively and linguistically mediated. It is as such a structural phenomenon, the cognitive aspect of which may be rooted in a fundamental way of thinking about the world while the linguistic aspect would be more culturally relative. The societal response to magical thinking may be even more culturally bound, such mysticism typically being viewed as a type of medical deviance, to be “cured,” thereby effectively denying continuity. Possibly then, the relative merits of disengagement versus continued connection with the deceased become just a matter of perspective. The issue is a broad and speculative one touching on just a single aspect of bereavement, the theoretical position being that by unpacking each of the various issues raised by death and loss, some further understanding may emerge of the cumulative human reaction of grieving. An associated rating scale is offered.

No One Seeks for God: An Exegetical and Theological Study of Romans 1:18-3:20

No One Seeks for God: An Exegetical and Theological Study of Romans I:18-3:20, by Richard H. Bell. WUNT 106. Tubingen: Mohr-Siebeck,1998. Pp. xiv + 359. DM 158.00. This is a valiant, learned, detailed, and well-organized, but unconvincing attempt to read Romans in terms of Lutheran exegetical traditions and dogmatics. Bell describes the work as both scientific and confessional (p. ix), but he never appears to consider the possibility that the two might conflict. Bell recognizes that 1:18-3:20 is difficult for a traditional Lutheran reading and tries to overcome the problems. Because the work refers readers to the author's earlier book on chapters 9-11 (Provoked to Jealousy [1994]) for introductory issues, one often has the sense of entering a discussion in the middle. To this reviewer, readings often seemed to be at least partly worked out on the basis of abstract theological axioms or apologetic concerns. Bell makes frequent appeals to Paul's mind that lies behind the text and that he treats as the key to its meaning. The book will prove especially valuable for those interested in the exegetical underpinnings of German Lutheran theology. Bell shows his deep knowledge of German scholarship in this tradition and explicitly favors older work on the NT rather than more recent scholarship that is under the tyranny of novelty (p. viii). The book reads as if most of the English-speaking scholarship (except for evangelical) since the eclipse of the Bultmannian school had never appeared. Bell begins with a useful introduction that discusses major structural and theological problems that are of concern to him. The section also serves to dismiss readings such as those, for example, of Jouette Bassler and others on God's impartiality that might dethrone a sole emphasis on justification by faith alone and Bola gratis. The approach of predetermining the letter's theme is very highly circular. Chapter 2 discusses 1:182 and chapter 3 treats issues arising from the section-the relation to Greek philosophy, Hellenistic Judaism, apocalyptic and wisdom, natural revelation and theology, and the Jewish and Pauline views of the fall. Similarly, chapter 4 contains six excursuses (including one on rabbinic views of the law revealed to Gentiles and another on natural law in Greek philosophy and in Judaism). Chapters follow on 2:17-38 and 3:9-20, and there is a Concluding Discussion. The book's title, No One Seeks for God (3:11), signals Bell's overriding implicit principle for reading 1:18-3:20. Romans 3:9-20 unquestionably teaches an AugustinianLutheran doctrine of the fall, and any texts that seem to provide evidence for another view must be reinterpreted in light of this doctrine. He describes 1:18-3:20 as a history of Damnation, a Verdammnisgeschichte (p. 90). The-book pays no attention to the way that the letter explicitly constructs its audience as Gentile and assumes an audience of Jews and Gentiles. Statements about sin and salvation are treated as if they describe ontological essences. The letter defends Paul's doctrine of justification against charges brought by Jewish Christians. Bell places an enormous emphasis on Adam in 1:18-32 based on highly debatable, supposed allusions to Genesis and the supposition of a general Jewish doctrine of the Adamic fall. The latter is particularly strange seeing that Bell knows the work of John R. Levison, which has demonstrated the baselessness of that view. He also claims that believed in the fall of Israel. Here he appeals to a supposed allusion to the golden calf episode in 1:23. How the audience in Rome might have heard such an astoundingly subtle allusion, much less have derived a teaching about Israel's fall is never faced. According to Bell, Jews, like Gentiles, have lost the image and knowledge of God due to this fall: Paul believes that not only are the Gentiles like beasts; Jews also have become like animals (p. 131). One also finds extensive discussion of natural revelation and theology. …

Status-Set and Role-Set Conflicts of the Stockbroker: A Problem in the Sociology of Law

The diversity of status-set and role-set relationships of the stockbroker generates various fiduciary and other role-relationship problems. A socio-legal analysis is presented of three mechanisms for resolving the status-set and role-set conflicts of the stockbroker: segregation of statuses, the proliferation of regulatory and self-regulatory structures, and the professionalization of the stockbroker. The analysis suggests some implications for role theory, for the study of interorganizational relations, and for problems of social control through law. T he securities industry may be viewed as a social system with a complex structure of interacting roles, a complex network of interacting organizations, and a complex system of legal norms derived from common law, statutory law, administrative regulations, and private legal systems.1 It exemplifies what Riesman refers to as the factual impenetrability of the law.2 The complexity of this industry is documented in a recently-completed voluminous study entitled, Report of Special Study of Securities Markets of the Securities and Exchange Cotmmission3 -hereinafter referred to as the Special Sttudy-which provides a wealth of data for sociological analysis. The purpose of this paper is to (a) explore some of the structural sources of fiduciary and other role relationship problems of the stockbroker; (b) analyze alternative mechanisms for handling these problems; and (c) consider some implications of our analysis for role theory, for research on interorganizational relations, and for problems of social control. THE CONCEPT OF THE FIDUCIARY RELATIONSHIP IN LAW AND SOCIOLOGY The concept of a fiduciary relationship is common to both law and sociology and involves, basically, duties of loyalty and of trust. One who holds a position of trust, i.e., whose function it is to act for the benefit of another as to matters relevant to the relation between them, is deemed in law to be a fiduciary; as such, he is held to the highest standards of conduct-standards which are essentially different from the less demanding obligations imposed upon parties to a transaction which is negotiated at arm's length, e.g., a buyer-seller relationship.4 The transactions and statuses whiclh give rise to the legal imposition of fiduciary standards are many and varied and may involve such diverse obligations as the employee who is prohibited from disclosing trade * Revised version of a paper read at the annual meeting of the American Sociological Association at Los Angeles, California, August 1963. I William M. Evan, Public and Private Legal Systems, in William M. Evan (ed.), and (New York: The Free Press of Glencoe, 1962), pp. 165-184. 2 David Riesman, Law and Sociology: Recruitment, Training, and Colleagueship, in Evan, op. cit., p. 14. 3Report of Special Study of Securities Markets of the Securities and Exchange Commission, H.R. Doc. No. 95, 88th Congress, 1st Session, Pts. 1-5 (Washington, D.C.: Government Printing Office, 1963). (In subsequent references to this study, we shall use the abbreviation Special Study.) 4 The fiduciary responsibility . . is a legal concept containing the implicit principle that where power is exercised under the color of benefit to another, then the one who holds power must comport himself in ways consistent with the fiduciary basis of his authority. A fiduciary cannot treat his beneficiary as if he were merely his obligee in a contractual arrangement. He owes duties of loyalty and good faith appropriate to the status assumed. Philip Selznick, Sociology and Natural Law, Natural Forum, 6 (1961), p. 104. This content downloaded from 157.55.39.104 on Sun, 19 Jun 2016 06:20:32 UTC All use subject to http://about.jstor.org/terms