Ipso Facto Research Articles

Czy rzeczywiście najstarsze – weryfikacyjne badania najwcześniej datowanych gródków stożkowatych

The aim of the presented research is to verify the correctness of the dating of the motte structures which, as a result of earlier excavations, were considered the earliest defensive knight’s seats in Poland – that is, they were dated to the 13th century. So far, the absolute dates were obtained for scarcely a few/a few dozen(?) such structures. However, they were not considered the oldest features. As a result of the literature research, several sites representing typical motte- and-bailey castles which in the previous excavations were dated to the 13th century, were selected. Three of the sites in question were located in the Masovia region: Kielbow Stary, Stara Blotnica commune; Orszymowo, Mala Wieś commune and Wilkanowo (formerly Nakwasin), also located in the Mala Wieś commune. The next two sites are located in the Łodzkie region – Witow, Burzenin commune and Malkow, Warta commune. A further study was conducted in Sedziszow (now in the territory of the village of Pila) in the Świetokrzyskie region, in Piekary – Greater Poland, Dobra commune and in Szczekociny, Silesia. A new geodetic surveying showed some changes in the state of preservation of the study features. Unfortunately, most of them reveal some traces of deepening destruction. The excavations undertaken at six sites yielded samples for the dating studies. The only sites whose excavations provided no materials that could be subjected to laboratory dating tests were in Witow and Sedziszow. Attempts were made to collect samples for dendrochronological, radiocarbon (14C) and thermoluminescence tests. No wood for dendrological research was found at any of the study sites. The samples obtained from six sites were used to measure the 14C radioactive isotope. A series of dating was performed for the study sites. As a result, 4 dates were obtained for Kielbow Stary and Malkowo, 6 – for Piekary and 5 – for Szczekociny. The highest number – 9 dates – were obtained for Orszymowo, whereas for Wilkanowo only 2 dates were produced. The results showed that only in the case of two sites the obtained dates confirm their functioning in the 13th century – they are Malkowo and Orszymowo. Another two sites – Szczekociny and Kielbow Stary – can be dated back to the 14th century, while the dates obtained for the materials from Piekary justify placing the functioning of the feature in the 15th century. In the case of Wilkanowo, the standard calibration calculations produced dates which suggest that the sites represent the modern times. One of the samples, however, may be dated to the 15th century (probability: 91%). Nonetheless, these dates are rather controversial, because Wilkanowo and Orszymowo are the sites situated several kilometres away from each other whilst the excavated pottery materials seem to be very similar. A solution to this problem requires further scrutiny. The attempt to verify the dates produced for the earliest defensive knight’s seats succeeded in part. Only two of the researched sites can in fact be considered to be the 13th century manors. Ipso facto we confirmed that such early dates may be correct, and that already in the thirteenth century, the nobles founded defensive motte-and-bailey castles. Our study clearly shows that the chronology of the earliest Polish knight’s manors, determined on the basis of the previous excavations, should be verified. The results of our work prove that the traditional dating methods used for archaeological artefacts are not precise enough to be used in modern science. We need to put more emphasis on the matter of collecting samples for dating and providing adequate financial resources necessary to perform laboratory tests.

The Actualization of the Critical Impulse in Critical Theory: Dialogical Rationality Around Rachel's Tomb in Bethlehem, Palestine

In this review article, Isaac and Platenkamp argue that during the 1930s and 1940s of the previous century, concepts like "critical" and "essence" were still defined and understood in the tradition of what increasing numbers of academics called "Critical Theory." However, they suggest that since then the situation has significantly changed. In their view, while Critical Theory critically approaches the ideologies of the modern Western world, it has actually (itself) became a victim of this overwhelming critique of ideologies. To Isaac and Platenkamp, the main conceptualizations in and for Critical Theory have been weakened by a content inflation in the new historical phase of postmodernism. Thus, for instance, as a concept "criticism" had been revitalized to (down to?) a relativist position. In this review article, Isaac and Platenkamp suggest that academics in Tourism Studies now inherently claim to be "critical" by just appropriating the mere qualification critical, ipso facto. In this light, the old vital value of "Essence" thereby has become a superficial concept of old primitive ideologies, today, and it seems to have no meaningful function anymore in Tourism Studies. This review article thus aims to reintroduce the field of Tourism Studies to Marcuse's original concept of Essence and discuss it vis-à-vis its interpretational confrontation with the said postmodernist position and thereby to the very revitalization of the qualification "critical." Hence, Isaac and Platenkamp seek to save this qualification from the postmodernist attacks on the universality of the Critical Theoretical position by drawing particular attention to Arendt's concept of the agora, viz. as that kind of public space (comparable to the forum Romanum), in which people significantly present themselves as individuals with independent opinions. In this regard, Isaac and Platekamp are particularly disturbed by the recent flowering of the so called "Critical Turn" group (or network) within Tourism Studies since it appears to progress without a thorough understanding of Critical Theory, per se. They argue that classical thinkers of Critical Theory need to be addressed and understood if the Critical Turn group of scholars in Tourism Studies may decently/faithfully/meaningfully be deemed to be critical. In order to make their case, Isaac and Platenkamp highlight the case of Rachel's Tomb in Bethlehem. They position the Tomb as a very important biblical tourism site (and agora) by and through which the revitalization of the "critical" may be incorruptibly recognized.

Cracking the Eurocentric Code: A Battle on the Banks of the ‘New Blood Rivers’

Belief in divine privilege or God’s creation of a volk is fundamental a motif in the propulsion of the superiority of one race against another in the world, ipso facto , the continuous management of systems of knowledge, authority, economics, and a ‘world civilization’ now quintessentially fundamentalist and racially fascist are effects of this deeply hidden and coded belief. Apartheid simply, is a zenith of this supersessionist (replacement of Israel from the Bible with European white) world enunciated since the justification of the commodification and dispensability of black lives. To elucidate this thesis, this article first offers a presentation of Cone’s theological grammar. Second, we punctuate the value of self-criticality as an indispensable criterion by demonstrating that Cone was engaged critically in Black Theology of Liberation’s (BTL) internal discourses not only to clarify the relationship between Sunday and Saturday religiosities, but to distinguish and distance BTL from idolatrous imaginations of knowledge and history. Black faith oozes from the volcanic, rapturous explosion that dismantles the divide between Sunday and Saturday religions. Third, we make the point about the ghettoization of Cone’s theology at its gestation and by this we seek to demonstrate this continuous relegation of the school to residential alienation and nihilism in the battle of ideas. For this reason, the article argues, cracking the “Western code,” to break the coalition of black experience with the white power structure, is the space where BTL might have to dwell in the battle of ‘New Blood Rivers.’

The Scholastic Logic of Statistical Hypotheses

Among the important conceptual innovations introduced in the second scholasticism era and motivated by theological debates following the Council of Trent were the theories of moral necessity and moral implication. As they were centred upon a view of moral necessity as a form of necessity weaker than physical (and, ipso facto, metaphysical and logical) necessity, and moral implication as weaker than physical (and, ipso facto, metaphysical and logical) implication, some interpretations of moral necessity encouraged the logic of statistical hypotheses and probability. Three branches of this debate are studied in this paper: the explanation of moral necessity in terms of suppositio (Vega, Molina, Hurtado, Sforza Pallavicino), the confrontation over the interpretation of moral necessity (Quirós, Herrera), and the theory of statistical quantification (Elizalde, Terill, de Benedictis).

Waltz

Waltz Erin Somers (bio) Click for larger view View full resolution UP UNTIL HER FORTIETH YEAR, there hadn't been a season of Marian's life she hadn't had to grovel and beg, send off invoice reminders couched in manic cheer: Just checking in! At forty, an unexpected windfall changed all of that. She bought a house in a town in the Hudson Valley that seemed occupied solely by arty people, and made a hobby of overpaying for furniture. She spent $5,899 on an antique chest of drawers, laughed as they loaded it into her car. "What's funny?" asked the guy with the dolly. "Where to begin?" she said. The children adjusted instantly. They shrugged off their old lives like [End Page 143] winter coats on the first real day of spring. Marian never caught them pining or calling the friends they'd left behind. She bought them anything they asked for, and they asked for a lot. Sophie wanted a horse and Dan wanted a BMX bike. "It's not exactly fair, is it?" she said to them. "Horses eat tons of grain and have to be boarded. BMX bikes eat almost nothing." She loved them equally, so she got them each one of each. The horses lived ten minutes away in a stable surrounded by green grass. The BMX bikes lived in the garage. One afternoon the children's father came to visit. He walked around peeking into rooms and doing that low whistle of his. The house was huge, simple, and old, everything that impressed him. He pointed at different features and pronounced their names. "Wainscoting. Crown molding. Antique mahogany tallboy." And at the stable: "Steeds." "They're Mort and Zombie," Sophie told him. The children had found the horses' original names unsatisfactory. Marian had always let the children do whatever they wanted, and in return they worshipped her. But since the money appeared, they'd been thinking bigger. Their father laughed. "Zombie?" Marian reached out and touched the horse's velvety nose. She was afraid of him, of his shuddering animal intelligence, but it seemed important to demonstrate that they were all together on one side against the children's father. "What's wrong with it? Dan chose it. He's seven." "I know how old he is. Don't insult me. Why does a seven-year-old need a horse?" "He's gone this whole time without one," said Marian. "And without other things too. The amount of Batmobiles he wished for and didn't get could fill a truck." "How could notional toys fill a truck?" asked the father, whose name was also Dan. Marian felt like divorcing him all over again. Zombie sneezed. The air in the stable was filled with particles of blond dirt floating around in beams of light. Marian took in a lungful and explained that the children adored the horses and were very sweet about brushing them and shoveling their dung and such, which proved, ipso facto, that they deserved them. You had to use words like ipso facto with the children's father if you wanted to him to pay any attention. Dan Senior laughed again and said, "If you say so." "Do you want to see me ride?" asked Sophie. "Why not?" said Dan Senior. They got the stable manager to help take Mort out. Sophie rode him [End Page 144] around, while the rest of them leaned against the split-rail fence. She wore her round black helmet and sporty jodhpurs. Beyond the dirt enclosure, a field extended to the tree line. Heavy clouds inched in over it. It was a spectacle—the churn of muscle, the blue creep of thunderheads. Sophie with her cruel posture and shiny boots, like the officer of a preteen cavalry. "God, she's a natural," said Dan Senior. Now that he mentioned it, Marian could see it was true. She had an inborn lightness that seemed suited for horseback. Possibly they'd found her calling; they'd only had to vault about three social classes to do it. The wind picked up and it was time to get Mort back inside. Dan Junior ran ahead to say...

American Slavery, American State: Rethinking Slavery and the Creation of British North America

American Slavery, American State:Rethinking Slavery and the Creation of British North America Kristalyn M. Shefveland (bio) James Horn, 1619: Jamestown and the Forging of American Democracy. New York: Basic Books, 2018. ix + 256pp. $28.00. Ryan A. Quintana Making a Slave State: Political Development in Early South Carolina. Chapel Hill: University of North Carolina Press, 2018. xi + 254pp. $29.95. The 400th anniversary of the year 1619 in the Virginia colony has given the public and professional historians an opportunity to reflect on the importance of that year: the development of the Virginia House of Burgesses, the first elected legislative body in the British American colonies; and the arrival of 20 Angolans for sale, stolen for slavery by the Portuguese on their slave ship San Juan Bautista before English privateers stole them in an attack in the Gulf of Mexico and brought them to Point Comfort, Virginia on the White Lion. Another privateer ship arrived a few days later, the Treasurer, which likely sold an additional 7–9 Angolans to English settlers. By March 1620, Virginia records indicate at least 32 Africans lived in the colony. It is this latter event that has become a point of serious inquiry and debate for historians of the American South and the Atlantic World. In August 2019, The New York Times magazine published the 1619 Project, a series of essays exploring the legacy of slavery accompanied by a special section in the Sunday edition of the paper along with an essay in the Sports section and plans for a 1619 Project Curriculum for classroom use. Public and scholarly response to this project is ongoing but many historians of Early America counter that we must not obfuscate the years of settlement and slavery that preceded the Jamestown endeavor. In a February 2019 public interview, Virginia governor Ralph Northam parroted an older historical viewpoint, that the Angolans who arrived in 1619 were indentured servants and not slaves. Historians, most notably Rebecca Goetz of NYU, responded immediately on social media to challenge his claims with a series of posts on the long history of the study of slavery and how Northam's position represents an antiquated viewpoint that [End Page 534] is not only wrong but represents an attempt to maintain Virginian innocence while ignoring the facts of slavery.1 The lack of laws regarding slavery present in 1619 has posed an issue for scholars of the British Atlantic, however in recent decades many have rightfully turned to the greater Atlantic world to consider the influence of the Spanish and French colonies on British aspirations and to chip away at Anglocentric notions that the Virginia colony was the first time Africans were present in an English colony, or that the English settlers were not already inheritors of the Atlantic slave trade via the four slave-trading expeditions of John Hawkins in the 1560s. Interested scholars should consult Michael Guasco's Slaves and Englishmen (2014) and a 2017 article written for the Smithsonian Magazine. Goetz has rightfully pointed out that the Africans-as-servants narrative is "no longer tenable" once serious inquiries into the greater Atlantic world are considered. Scholars such as Guasco have proven that the specter and presence of African slavery were already present in the English Atlantic by the time that English colonists arrived in the South at Roanoke. Thus, English colonists likely brought beliefs about Africans' place as slaves and as inferior to Europeans with them as they settled Jamestown. Another point to consider about 1619 is that the English settlement and occupation of Tsenacommacah was by no means certain. Framing the events of democracy in 1619 as a step in the inevitable has been argued against by Guasco: "When we make the mistake of fixing this place in time as inherently or inevitably English, we prepare the ground for the assumption that the United States already existed in embryonic fashion." By not challenging that idea, Guasco argues that it is an insidious logic, that "reinforces the illusion of white permanence necessitates that blacks can only be, ipso facto, abnormal, impermanent, and only tolerable to the degree that they adapt themselves to someone else's fictional universe."2 James Horn's...

Development of the Polish geothermal sector in the light of current possibilities of financial support for a geothermal investment

Geothermal energy is an internal heat of the Earth, that is a prospective and sustainable source of renewable energy. In Poland, despite having significant amount of low-temperature geothermal resources, its share in the national energy mix remains marginal but growing. Currently, the utilisation of geothermal resources is related to hydrogeothermal resources, that are used mainly in space heating, recreation and balneotherapy. Nevertheless, the indication of potential electricity production is under research. The utilisation of geothermal resources entails a plenty of environmental benefits that are particularly important in the context of the present pollution problem. Therefore, the development of the geothermal energy sector is of relevant importance and with appropriate legal and financial conditions it may have a bearing on improvement of the environment’s quality and, ipso facto, living in Poland. Thus, this paper presents numerous possibilities of obtaining a financial support for investments in geothermal energy sector. Selected funding and financial backing systems currently available in Poland are discussed. The importance of opportunity of obtaining a financial support for an investment as one of the crucial factors for the geothermal sector development is emphasised. Moreover, the examples of installations implemented in the country in the context of obtained funding are presented.

The Shadow in the Garden: A Biographer's Tale by James Atlas

Reviewed by: The Shadow in the Garden: A Biographer's Tale by James Atlas Carl Rollyson (bio) The Shadow in the Garden: A Biographer's Tale James Atlas Pantheon, 2017, 400 pp. ISBN 978-1101871690, $28.95 hardcover. James Atlas, biographer of Delmore Schwartz and Saul Bellow, takes his title from Saul Bellow's description of the biographer. Or so Atlas thought until he discovered in his journal exactly what Bellow said—that the biographer was "the shadow of the tombstone in the garden" (293). Atlas adds, "the tombstone was the biography" (293), and the biographer a gravedigger. Atlas is one of those biographers who takes what his subject says about biography seriously and is motivated to defend himself, suggesting biography is not an exhumation but a kind of rebirth, or as he puts it, biography has a "life-giving" quality born of a desire to "commemorate a great American writer by telling his story" (293). Ah, but that is the problem Bellow suggested—in the biographer's pages it is no longer Saul Bellow's story, but the biographer's. Atlas's skirmishes with Bellow—and also their cooperative moments—get full play in this "biographer's tale." It is in part a history of biography and in part an account of Atlas's own adventures as a biographer, beginning with the mentorship of Dwight Macdonald, who, by turns, encouraged and excoriated Atlas. Macdonald believed that Atlas, still in his twenties then, could write a great biography of Delmore Schwartz—but only if he was prodded and scolded to make the book his own, which meant developing a point of view and style, making the biography literary and not merely a research project. Unlike most biographers' tales, Atlas's is not merely focused on his own work. His story, he shows, belongs to the history of biography, a process going toward what and where he does not say (there are no chapter titles) until we are, ipso facto, like him, immersed in discovery. Atlas does not pursue a chronological order, so we do not get to Plutarch until Chapter X in this episodic—one might almost say picaresque—narrative, full of characters and events and scenes that take the stage when Atlas needs them, which would make proud Dwight Macdonald, who counseled his young protege to make the book his own. Like a novelist, Atlas creates scenes—the first one in Chapter I in the Rare Books and Manuscripts Room of the Beinecke Library at Yale: "On the table are six large cardboard storage boxes. I take the top off of one and peer inside: chaos. [End Page 379] Manuscripts, letters, loose papers, and manila envelopes, all jumbled together as if they'd been tossed in the box by movers in a hurry—which, as it happens, they had" (3). How did they get there and whose papers are they? We learn quickly enough that Dwight Macdonald salvaged the detritus of Delmore Schwartz's life and work. But, more importantly, we learn just how daunting it is to begin work on a biography. And so it always is, Atlas might have added. How to proceed with a life that is not your own? Atlas does not minimize the false starts or the goading of Macdonald's fierce superintendence of the biographer's work. By Chapter II, Atlas flashes back to his two Oxford years in the early 1970s when he studied with biographer Richard Ellmann, an inspiring teacher who taught that biography could be an art. Don't overlook the footnotes to this and other chapters, which include all sorts of amusing and valuable asides about biographers' concerns with the weather and what to call their subjects, the quirks of archives, and the inevitable encounter with Ellmann's rival, Leon Edel, who seemed to grow into a resemblance of his subject Henry James. With the first three chapters, Atlas's autobiographical/historical/anecdotal excursions establish the modus operandi of the book. I especially appreciated his willingness to reconsider past work, providing in effect new biographical accounts of Delmore Schwartz and Saul Bellow, measuring not only how he responds to his many meetings with Bellow, but also how he interacted...

Review of Japanese Animation: East Asian Perspectives- Ed. by Masao Yokota and Tze-Yue G.Hu

In the capacity of general editor for this journal, I have supervised a few book reviews by fellow scholars and have written two myself: this one and another for the next issue (Teaching Japanese Popular Culture, edited by D. Shamoon and C. McMorran, AAS 2016). Through these experiences, I realised even more now than ever before how scholars share certain ways of thinking about edited books. A considerable number of academics, myself included, who have reviewed edited books—e.g. the reviews in this and in the upcoming issue—implicitly divide collections into two overarching groups: those which have an organically, ex ante designed structure, and those which are put together ex post (there are also “hybrid” cases). In the first, ex ante group are collective works organised around a theme proposed by the editor(s), which can be based either on an open but very specific CFP, or on ad personam invitations to contribute on the basis of a project designed a priori by the editor. The latter composition strategy is by far the best to follow for an edited book. It is also the criterion used for so-called “handbooks”, reference texts with a somewhat encyclopaedic organisation but which are far beyond the classic idea of knowledge listed in alphabetical order and, on the contrary, possess a certain agility, transversality, and scholarly dynamism in the display of their contents. In the second, ex post group we find, for the most part, collections stemming from conferences and symposia. It is not per se that collections based on this criterion are ipso facto worse than or inferior to the ex ante structure. The distinguishing trait is not quality; there are organically edited works in the ex ante group whose chapters oscillate from mediocrity to greatness, and miscellaneous collections in the ex post group whose chapters, however detached from each other, are all of good-to-outstanding value. But in my experience as a reader and a scholar, it is much harder for unorganised collections to reach the same standard and orderly structure compared to the collections of the ex ante group. I shall explain this further later on, but first [...]

Pluralism, conflict, and justification: the stability function of religious exemptions

ABSTRACT Legal and philosophical theories of religious exemptions have primarily understood them as a means toward one or more moral ends: protecting rights and securing equality, primarily. But exemptions also serve an under-theorized stabilizing function in resolving conflicts between law and belief. In this paper, I argue that these conflicts pose a challenge to public justification, and ipso facto to political stability. I then show how religious exemptions can support stability by ameliorating these conflicts, and elaborate parameters for identifying those exemptions most likely to achieve this stability-enhancing effect.

The Categorical Imperative in Defence of Animal Rights. Christine Korsgaard’s Ethical Extensionism

In this paper, I present Christine Korsgaard’s style of building a conception of animal rights protection based on a concept of Kantian provenance, namely “end in itself”. Considering that an end in itself in Immanuel Kant’s philosophy includes only human beings, the American philosopher needed to modify (extend) the meaning of the abovementioned concept. This study aims at showing this change of the meaning in categories derived from Fregean semantics (sense and reference). Moreover, I will attempt to prove that by broadening the extension of “end in itself” Korsgaard uses a strategy called ethical extensionism and situates the revised (naturalized) categorical imperative ipso facto within environmental ethics.I start with elucidating Korsgaard’s views on the meaning of “end in itself” before she took interest in animal rights (set out mainly in Kant’s Formula of Humanity and The Sources of Normativity) and then I synthetically describe her animal rights philosophy with a special regard to the category of “natural good”. The second part of the article explains the methodology used in the paper, while the last part is intended to be an interpretation of Korsgaard’s thought.

The Spiritual Dimension of Embracing the Cross

AbstractThis article explores Dietrich Bonhoeffer’s dictum “Pray and Struggle for Justice” through the prism of ekassie, inspiring the view that the cross is not a sanitized symbol of resignation from the concrete. Prayer as a resource, and thus spirituality, in a world of racially alienated residents and inhabitants of the earth and spiritual impoverishment is subversive. The article argues that in the cohabitation of ideology and faith, when the aspirational dimension of ideology (ipso facto, cognitive rationality) shifts from doubt to certainty and from fear (the oppressor inside), a new spirituality embedded in the turbulent passages of the wretched, the black, inspires the verbs to return to the cross – the spiritual dimension of embracing the cross.

Bernard Shaw's Marriages and Misalliances

Bernard Shaw's Marriages and Misalliances

Mindless accuracy: on the ubiquity of content in nature

It is widely held in contemporary philosophy of mind that states with underived representational content are ipso facto psychological states. This view—the Content View—underlies a number of interesting philosophical projects, such as the attempt to pick out a psychological level of explanation, to demarcate genuinely psychological from non-psychological states, and to limn the class of states with phenomenal character. The most detailed and influential theories of underived representation in philosophy are the tracking theories developed by Fodor, Dretske, Millikan and others. Tracking theorists initially hoped to ‘naturalize’ underived representation by showing that although it is distinctively psychological it is not irreducibly so, yet they ended up developing theories of representation that by their own lights don’t pick out a distinctively psychological phenomenon at all. Burge (Origins of objectivity, Oxford University Press, Oxford, 2010) sets out to develop a theory of underived representation that does pick out a distinctively psychological phenomenon. His theory promises to vindicate the Content View and the various philosophical projects that depend on it. In this paper I argue that Burge’s theory dementalizes representation for the same reason tracking theories do: These theories hold that representations are states with underived accuracy conditions, yet such states are found in all sorts of mindless systems, like plants.

Human Rights as a Basis for Recovering the Proceeds of Grand Corruption

This article examines the problem associated with the reluctance of public officials of states victimised by grand corruption (victim states) to diligently pursue the recovery of plundered national assets located abroad. Traditionally, only the victim state can initiate processes for assets recovery. However, it cannot do so due to the complicity of its public officials in the commission of the underlying predicate and money laundering offences. Consequently, the victim state is deprived of the fair opportunity to recover assets derived from such offences and, ipso facto, such deprivation worsens the inability of the victim state to realise the second-generation rights of its citizens. Relying on the jurisprudence of international human rights, the article argues for the establishment of an alternative assets recovery mechanism. Specifically, it advocates the unilateral participation of states other than victim states (and other entities) in recovering those assets on behalf of the victim state despite the discordance of its officials.

ICT in Development: A Contextual Approach

The importance of information and communication technology (ICT) in economic development is a topic that still raises contention. The view held commonly among global development institutions—the World Bank, UN, The Organisation for Economic Co-operation and Development (OECD) and so on—is that it plays a positive role. Within a new approach to the role of knowledge in economic development, stress is laid on how to bridge the gap between technologically advanced countries (TACs) where ICT use is widespread and less developed countries (LDCs) where shortage or lack of access to it is perceived as an impediment to growth and development. While agreeing, in principle, with a positive viewpoint on ICT in economic development, this essay takes a different approach; it seeks to analyse the contextual adaptations of ICT use rather than its use ipso facto leading to a positive outcome. It is argued that ICT use adapts itself to the socio-organizational design of work in an LDC rather than transforming it. Further, to bring this technological change, a much more hands-on approach in ICT service production and dissemination would be required instead of these countries functioning as mere recipients of arm’s length ICT services.

The “Sole Legal Government of Vietnam”: The Bao Dai Factor and Soviet Attitudes toward Vietnam, 1947–1950

Earlier historical studies often suggested that the Soviet leader Iosif Stalin, distrustful as he was of Ho Chi Minh's policies and attributing little importance to Vietnam, remained unwilling to recognize the Democratic Republic of Vietnam until the Chinese Communist leaders threw their weight behind their Vietnamese comrades. On the basis of Soviet press articles, Hungarian archival documents, United Nations (UN) records, and other sources, this article shows that in fact Soviet interest in Vietnam significantly increased as early as 1948–1949, well before the proclamation of the People's Republic of China. This interest, expressed in growing press coverage and sporadic efforts to represent North Vietnam's cause in various UN organs, seems to have been linked to Moscow's strong disapproval of France's attempts to create an anti-Communist “puppet state.” From the outset, the USSR took the position that the Communist North was the sole legitimate representative of the Vietnamese nation and, hence, that the Bao Dai regime in the South was ipso facto illegitimate. The article concludes that Chinese support to Ho Chi Minh was only one of the three major factors that persuaded Stalin to recognize North Vietnam; the two others were the “Bao Dai factor” and Moscow's dissatisfaction with France's new European policy.

Executory Contracts, Ipso Facto Clauses and Licensing Agreements in Cross‐Border Insolvencies

AbstractExecutory contracts raise difficult substantive and procedural questions under insolvency law. This essay tries to point out two prominent phenomena of substantive law concerning the treatment of executory contracts. Ipso facto clauses and licensing agreements will serve as examples in order to find suitable conflict‐of‐law rules in cross‐border insolvencies. So far, there has been no fundamental debate on the application of the lex fori concursus to executory contracts. In recent rulings national courts have, however, refused to apply the lex fori concursus to executory contracts in cross‐border insolvency cases when ipso facto clauses or licensing agreements were involved. This essay pleads against the sole application of the lex fori concursus and critically analyses the concept of the European Insolvency Regulation concerning executory contracts. Copyright © 2018 INSOL International and John Wiley & Sons, Ltd.

Nikola Tesla’s True Wireless: A Paradigm Missed [Scanning Our Past

The Hertz wave theory of wireless transmission may be kept up for a while, but I do not hesitate to say that in a short time it will be recognized as one of the most remarkable and inexplicable aberrations of the scientific mind which has ever been recorded in history. -Nikola Tesla, “The True Wireless,” 1919. The man who continues to resist after his whole profession has been converted has ipso facto ceased to be a scientist. -Thomas Kuhn, The Structure of Scientific Revolutions, 1962.

Significado y finalidad de las censuras e irregularidades en el derecho canónico

In this paper, the Author presents the competency of the Apostolic Penitentiary which extends to all occult or secret matters that are able to be solved in the internal forum and he is focusing on the meaning and the finality of the “censures” and the irregularities in canon law. All cases of censures latae sententiae, when they are strictly such, that is, when they have been incurred ipso facto and have not been the object of a judicial sentence or of a declaration, can be dealt with in the internal Forum. Some censures can be remitted by the local Ordinary or by major Superiors of religious for their own subjects; others can be remitted only by the Apostolic See. They are pointed out and subsequently analyzed: the excommunication of one who sacrilegiously profanes the Consecrated Species (can. 1367); the excommunication of one who uses physical violence against the Roman Pontiff (can. 1370 § 1); the excommunication of a priest who absolves his own accomplice in sins against the VI Commandment (can. 1378 §1). This type of absolution not only incurs an excommunication for the priest who absolves; it is also intrinsically invalid (can. 977), except in the case of danger of death; the excommunication of a bishop who consecrates a bishop without a pontifical mandate. The bishop consecrated is also excommunicated (can. 1382); the excommunication for attempted sacred ordination of a woman and attempted reception of sacred orders by a woman; lastly, the excommunication of a confessor who directly violates the sacramental seal of confession (can. 1388). The author highlights that also the occult cases of irregularity, either for the reception of sacred orders or for their exercise, are dealt with in the internal forum. An irregularity is of its nature perpetual. It does not cease automatically but it can be dispensed. A simple impediment may cease automatically, e.g., a man’s wife dies, the impediment to ordination ceases. On the other hand, an impediment could be dispensed, e.g., when a married man is allowed ordination. The only irregularities or simple impediments now existing in the 1983 Code are those listed in the following canons. Irregularities which impede reception of orders: Amentia or other psychic illness (can. 1041, 1°); apostasy, heresy, or schism (can. 1041, 2°), attempted marriage (can. 1041, 3°); voluntary homicide or a completed abortion (can. 1041, 4°); self-mutilation or attempted suicide (can. 1041, 5°); act of orders reserved (can. 1041, 6°). Simple Impediments which impede the Reception of Orders: a man who has a wife (can. 1042, 1°); an office or administration forbidden to clerics (can. 1042, 2°); a neophyte (can. 1042, 3°). Lastly there are irregularities and impediments which affect those already in orders: orders received while being affected by an irregularity (can. 1044, §1, 1°); public apostasy, heresy or schism (can. 1044, §1, 2°); delict in can. 1041, nn. 3, 4, 5, 6; amentia or psychological infirmity (can. 1044, §2, 1°)