Digital Commons Network^™

The Concept Of Myth In Kōsaka Masaaki And Miki Kiyoshi’S Critique, Fernando Wirtz

Comparative Philosophy

This paper explores the concept of myth in two books written by Kōsaka Masaaki, The Historical World (1937) and Philosophy of the Nation (1942). In both, myth appears as a central moment in the transition from primitive to modern societies. The role of myth is closely related to Kōsaka’s notion of nature, since one goal of his reflection is to show how history is supported by the “substratum” of nature. In this sense, he also distinguishes between the natural and historical aspects of nations. After analyzing the subcategories of primordial nature, environmental nature, and historical nature, the paper shows how …

Aestheticized Tragedy (Karuṇarasa) As An Intellectual Virtue, Lisa Widdison

Comparative Philosophy

In contemporary virtue epistemology, responsibilist intellectual virtues in the tradition of Aristotle's moral theory are acquired character traits involving a motivational component and a success component. The motivational component is an emotion that regulates inquiry but which would ordinarily, and problematically, carry bias. In order to monitor the patterns of fallibility in emotions, reflection can correct beyond perceptual errors or logical fallacies. Emotions which survive reflection are less partial and hold more epistemic valance than egotistical emotions. Since the framework of virtue epistemology might be at a loss for monitoring emotions reflectively, given the fact emotions operate rapidly and tend …

Sameness, Difference And Environmental Concern In The Metaphysics And Ethics Of Spinoza And Chan Buddhism, Michael Hemmingsen

Comparative Philosophy

In this paper I contrast the metaphysical philosophies of Benedict de Spinoza and the ‘sudden enlightenment’ tradition of Chan Buddhism. Spinoza’s expressivist philosophy, in which everything can be conceived via a lineage of finite causes terminating in substance as a metaphysical ground of all things, emphasises the relative sameness of all entities. By contrast, Chan’s philosophy of emptiness, which rests on the dependent co-origination of all entities, renders such comparison fundamentally meaningless. Having no source beyond dependent co-origination to generate a thing’s distinct nature leads to a metaphysics in which, rather than being relatively similar or different, all things …

The Yi-Jing Cosmic Model As A Framework For Comparative Philosophy, Harry Donkers

Comparative Philosophy

Based on the symbolism of the trigrams, the Yi-Jing cosmic model offers possibilities in a coordinate system with eight octants to discuss different philosophical developments in parallel. It forms a framework for further elaboration of theory and methodology of comparative philosophy. This paper is restricted to extracting, analyzing and comparing common features from the perspectives of the Yi-Jing model. Achieving harmony is the subject of a new paper under construction. The philosophical developments in the quadrants, Naturalism, Moralism, Rationalism and Humanism, are characterized by a fundamental difference between subject and object. This difference remains intact in the octants, but specified …

Appearance And Momentariness: The Nature Of Being Between Nāgārjuna, The Sarvāstivādins And Neo-Parmenidism, Federico Divino

Comparative Philosophy

In this article I will try to demonstrate the existence of points in common between the eternalist instances of Parmenidean philosophy and the Buddhist formulations made by some parts of the Abhidhamma, Nāgārjuna, and the Sarvāstivādins. These three philosophies have numerous points in common with Emanuele Severino’s formulations from the point of view of what is defined as neo-Parmenidism. The purpose of this article is to demonstrate that the points in common between these systems of thought are due to a basic affinity which, despite having led them to emphasize different themes, present similar reasoning and logical consequences, which allow …

State Revenue Dedicated For Special Purposes: A Proposed Constitutional Amendment, Mark Andrews

Alaska Law Review

The Alaska State budget has decreased in recent years, and because of the lower price of oil, it is not expected to recover in the near term. This smaller budgetary pie may intensify the impulse to protect the funding of individual projects. However, the Alaska Constitution forbids the dedication of taxes for specific purposes. This Essay proposes a state constitutional amendment that would allow such dedications, subject to limits designed to avoid potential problems. The Essay describes the effect the proposal would have had on past decisions of the Alaska Supreme Court and compares the dedication of tax revenue to …

The Effect Of Corporate Social Responsibility On Brand Awareness: Evidence From The Insurance Sector In Zimbabwe, Kudzaishe Charlotte Gaura, Wilbert Manyanga, Lovemore Chikazhe

Journal of Marketing and Consumer Behaviour in Emerging Markets

The aim of this study was to establish the eff ect of corporate social responsibility (donations, sponsorship and community involvement) on brand awareness within the insurance sector in Zimbabwe. Data was gathered from 350 insurance customers using a structured questionnaire with Likert-type questions. The fi ndings show that corporate social responsibility positively infl uences brand awareness. The study contributes to studies that proved a signifi cant relationship between corporate social responsibility and brand awareness in sectors other than the insurance sector. Thus, insurance fi rms are advised to seriously plough back proceeds to their communities

Marketing Strategies And Export Performance Of Fresh Produce Firms In Kenya, Anne Njonjo, Winnie Njeru, Francis Kibera, Joseph Owino

Journal of Marketing and Consumer Behaviour in Emerging Markets

The study objective was to examine the role of marketing strategies on export performance of fresh produce fi rms in Kenya. A major stream of research has considered marketing strategy and performance within the context of a domestic economy. A census survey was carried out among all the 100 fresh produce fi rms that were ordinary members of the Fresh Produce Export Association of Kenya (FPEAK) as at 31st June 2019. The study utilized a positivist approach. Primary data were collected using a structured questionnaire. A descriptive cross-sectional study design was adopted. The results of regression analysis revealed that the …

Prohibitionist Drug Policy In Mexico: A Systemic Constitutional Underminer, Francisca Pou Giménez, Catalina Pérez Correa

Washington International Law Journal

This article explores and develops a comprehensive set of arguments demonstrating the unconstitutionality of drug prohibition policies in Mexico. Some of these arguments have been used to validate recreational and therapeutic uses of marijuana, while others remain unused and unexplored. There are more than ten constitutional framings that are useful to evaluate the unconstitutionality of prohibitionist drug policies. These framings can be grouped into two subcategories: rights-centered and non-rights centered. Rights-centered framings are grounded on equality, health, and the free development of the personality. Non-rights-centered framings include federalism, market regulation and preservation of basic rule of law guarantees. This paper …

New Rules Of The Game: The Politization Of Community Courts In Mozambique, Molly Utter

Washington International Law Journal

After a fifteen-year civil war, the Mozambique government turned to customary justice to address the conflicts that emerged during the war by creating Community Courts. The goal of the Community Courts was to mimic their successful grassroots predecessors, the Popular Courts, and to bring justice to the people, by the people. Yet one year before the creation of the Community Courts, the Mozambican government implemented the Law on the Organization of the Judiciary, which limited formal jurisdiction to the district level and excluded grassroot courts from the official judicial structure. Grassroot courts, most significantly the Popular Courts, ceased to run …

Foreword: The Free Speech Record Of The Roberts Court, William D. Araiza

Brooklyn Law Review

On April 9, 2021, scholars gathered at Brooklyn Law School to consider the free speech themes highlighted by a catalogue of the Roberts Court’s free speech jurisprudence. The speakers provided incisive and timely insight on these themes—insight that is reflected in the catalogue and accompanying papers published in this symposium issue of the Brooklyn Law Review. This introduction provides an overview of this symposium issue and the questions presented by each article and essay.

The Roberts Court—Its First Amendment Free Expression Jurisprudence: 2005­–2021, Ronald K.L. Collins, David L. Hudson Jr.

Brooklyn Law Review

The decisional law of the First Amendment is an area of law formulated, for the most part, by the high court of the land. At the same time, the study of free speech is equally a study in political philosophy and law. Supreme Court justices have left their mark on the First Amendment free speech doctrine and have made names for themselves in the process. This study explores the impact of Chief Justice John Roberts and the Roberts Court on the free speech doctrine. By examining the case law in this area and the justices and lawyers who craft it, …

The Law Of License Plates And Other Inevitabilities Of Free Speech Context Sensitivity, William D. Araiza

Brooklyn Law Review

This article, written for a symposium on Ronald Collins’s and Professor David Hudson’s catalogue of the Roberts Court’s First Amendment free speech jurisprudence, reconsiders the longstanding tension between rigid free speech rules and more contextual standards. It examines that debate by considering a set of relatively recent free speech cases in which the Court ostensibly adopted rigid rules, but in doing so arguably cloaked its reliance on more contextual factors by manipulating those rules. In cases dealing with national security and judicial electoral speech, the Court manipulated the strict scrutiny the Court insists applies to nearly every content-based speech restriction …

Introductory Remarks: The Roberts Court And The First Amendment: An Introduction, Geoffrey R. Stone

Brooklyn Law Review

On April 9, 2021, Geoffrey R. Stone delivered the following introductory remarks at The Roberts Court and Free Speech Symposium at Brooklyn Law School. An adaptation of Geoffrey R. Stone, Free Speech in the Twenty-First Century: Ten Lessons from the Twentieth Century Lead Article (2008), Dean Stone detailed the history of the pre-Roberts Court First Amendment jurisprudence and laid the foundation for the symposium’s scholarly discourse.

Free Speech Still Matters, Joel M. Gora

Brooklyn Law Review

In its first ten years, the Roberts Court proved to be the most speech protective Court in a generation, if not in our history; however, in the intervening five years, the Court has faced intense pressures, ranging from heightened criticism of its First Amendment jurisprudence to seismic changes in the makeup of the Court to very real proposals for court “packing.” Despite these powerful forces, the Roberts Court has surprisingly stayed true to its commitment to—and guardianship of—the First Amendment. Nevertheless, in the face of modern political correctness and cancel culture, free speech has rarely been in a more precarious …

The Anti-Free Speech Movement, Robert Corn-Revere

Brooklyn Law Review

What does it mean for the Supreme Court, under Chief Justice John Roberts, to be “good” when it comes to the First Amendment? First Amendment lawyer Robert Corn-Revere tackles this question, by looking at the history of censorship in the United States. Through a historical lens, Mr. Corn-Revere examines the arguments for regulating “bad” speech in order to promote “good” speech, and analogizes this approach to the work of early American censors like Anthony Comstock. This article examines how the history of censorship has shaped First Amendment law, and ultimately through his analysis, Mr. Corn-Revere identifies several examples of what …

Quality Of Life Of Pharmacy Students With Polycystic Ovarian Syndrome In South India: A Cross-Sectional Study, Vinodkumar Mugada, Krishna Priya Mandarapu

Makara Journal of Health Research

Background: One in five women in India suffers from polycystic ovarian syndrome (PCOS). In this study, we aimed to evaluate the quality of life of pharmacy students suffering from PCOS and provide awareness through counseling.

Methods: A cross-sectional study was conducted on 103 students with PCOS for 6 months. The Polycystic Ovarian Syndrome Quality of Life (PCOSQ) questionnaire was used to determine the quality of life.

Results: The prevalence of PCOS in our study was 39.5%. The mean age of the students was 21.1 (±1.8) years. The mean duration of the disorder was 17.8 (±13.0) months. More …

Industrial Agricultural Crops And Their Role In Industrial Development In Muthanna Governorate, Rahman Jameel Saad, Maher Nasser Abdullah

Uruk Journal of Human Sciences

The research aims to know the industrial agricultural crops for their important role in the development of the industry in the Governorate. The researcher uses the Analytical Approach and the Descriptive approach in the research. And the study shows that Al Muthanna Governorate possesses a large and arable area amounting to (5996098) dunams, representing (29%) of the total area of ​​the Governorate amounting (20696000) dunams. (413325) dunams is invested representing (6.9%) from the arable area. There is an abundance of water resources in Al-Muthanna Governorate. The climate of this Governorate is suitable for the cultivation of industrial crops, and there …

A Portrait Of The Gender Gap In Stem: A Focus On Identity Formation Among Final-Year Undergraduate Students In Tanzania, Mjege Kinyota

Journal of Humanities and Social Sciences

This study investigates whether male and female students differ with respect to their STEM identity, and how female students negotiate between being female and being students pursuing careers that are perceived as masculine. The study uses a sequential explanatory mixed method design. A total of 749 final year STEM students from three Tanzanian universities participated in a survey that investigated STEM identity using six sub-scales: identity prominence, gender identity, stereotype endorsement, self-efficacy, persistence intentions, and positive feedback. Also, 19 females were interviewed as a follow-up exploration. Findings indicated a significant difference on stereotype endorsement only, where males significantly held negative …

Chappell V. State, 137 Nev. Adv. Op. 83 (Dec. 30, 2021), Kalin Olson

Nevada Supreme Court Summaries

In an opinion drafted by Justice Cadish, the Nevada Supreme Court considered a case in which several mandatory procedural bars apply to postconviction habeas petitions under NRS Chapter 34. A petitioner must demonstrate good cause and prejudice in order to overcome the mandatory procedural bars and avoid dismissal of a postconviction habeas petition. A claim of good cause must be raised by the petitioner within a reasonable time after it becomes available. The Court concludes that the ineffective assistance claims lack merit and affirmed the district court order dismissing Chappell's third postconviction petition for a writ of habeas corpus as …

The Online Criminal Trial As A Public Trial, Stephen Smith

Faculty Publications

There are two ways of favorably conceiving online trials in Sixth Amendment terms. One is that an online trial is a public trial, by its terms. The other is that an online trial may not be public, for Sixth Amendment purposes, but may nonetheless satisfy applicable constitutional demands for trials considered “closed.” This Essay proposes both: that an online trial is fundamentally “public” for Sixth Amendment purposes and, if it is not, it may still be a constitutional accommodation of the Sixth Amendment’s public trial guarantee, in appropriate circumstances.

The constitutionality of an online trial may be largely an idle …

Cross-Border Trust Disputes And Choice Of Law In East Asia, Ying Khai Liew

Washington International Law Journal

Since its introduction in East Asia over a century ago, trust law has seen much development, refinement, and domestic transformation. However, the treatment of trusts in private international law is severely underdeveloped. Due to the lack of comprehensive and dedicated choice of law rules in East Asia regarding trusts, there is much uncertainty in how forum courts treat cross-border trust disputes. This treatment derogates from a proper recognition of the trust as a distinctive legal device and fails to properly protect the autonomy and legitimate expectations of certain parties. Worse still, it puts East Asia out of step with most …

A Framework Of Web-Based Dark Patterns That Can Be Detected Manually Or Automatically, Ioannis Stavrakakis, Andrea Curley, Dympna O'Sullivan, Damian Gordon, Brendan Tierney

Articles

This research explores the design and development of a framework for the detection of Dark Patterns, which are a series of user interface tricks that manipulate users into actions that they do not intend to do, for example, share more data than they want to, or spend more money than they plan to. The interface does this using either deception or other psychological nudges. User Interface experts have categorized a number of these tricks that are commonly used and have called them Dark Patterns. They are typically varied in their form and what they do, and the goal of this …

Research On High-Rap Mixtures With Rejuvenator - Field Implementation, Nitish R. Bastola, Mahdieh Khedmati, Hamzeh Haghshenas

Nebraska Department of Transportation: Research Reports

The use of Rejuvenating Agents (RAs), as Recycled Asphalt Pavement (RAP) modifiers, has been increasing over the past years. However, the field performance of asphalt mixtures containing high-RAP materials and modified with RAs has raised some concerns regarding the long-term performance of RAs. This study evaluated the laboratory and field performance of high-RAP mixtures with and without bio-oil RA. Three sets of plant-produced specimens were collected: 1) laboratory-compacted; 2) field-compacted and cored after paving; and 3) field-compacted and cored after one and two years. The Hamburg Wheel Tracking (HWT) test was used to evaluate the specimens' resistance to rutting and …

Critical Hope As Vehicle For Equity: Examining Teachers’ Paradigm And Pedagogy, Heidi Strikwerda, Jose Lalas

Journal of Critical Issues in Educational Practice

This current study framed the concept of “critical hope” and examined how systemic oppression in society continuously perpetrates the “hope gap” in low-income students. We defined critical hope, in this study, as the optimistic way of viewing and acting on the world from a critically historically conscious, socially and culturally situated perspective with a personal belief that inevitable change will inspire a sense of community, advocacy, liberation, and justice (Strikwerda, 2019). This rich definition incorporates the elements of hope deduced from existing related foundational and empirical research literature (Freire, 1970; Freire, 1994; Freire, 1997, bell hooks, 2004; Edwards et al., …

An Age-Based Analysis Of The Perceptions Of Ageing And Successful Ageing In Malaysia, Ming Yu Cheng, Sew Kim Low, Kai-Shuen Pheh

Makara Human Behavior Studies in Asia

As ageism could have detrimental effects in the ageing society, it is important to know how people of different age groups perceive ageing and successive ageing. This study collected data from 648 respondents aged between 18 to 80 years old for an age-based analysis of the perceptions of ageing and successful ageing. Self- administered questionnaires were used. Correlation analysis was conducted to examine the relationship between perception of successful ageing and factors associated with psychological well-being. Our results revealed that generally, being healthy, happy and physically active are considered as important aspects of successful ageing. Younger people considered life satisfaction …

The Weak Chains Of Transmission In The Book Al-Kafi: Identification And Significance, Amal Hussein Alwan

Uruk Journal of Human Sciences

pillar in the noble hadith, knowing them an ensuring their safety is to ensure the authenticity of the hadith. And the reasons are among the matters that only the critic who is expert in the isnad and its arts can undertake, because of the experience that the expert critic and the freelance researcher must possess in diagnosing what is caused by the isnad. In addition to the fact that diagnosing faulty grounds requires a folded introduction - as they say It is the knowledge of the narrators’ layers, which is the knowledge of the narrators’ relationships between them in terms …

The Geopolitical Significance Of The Port Of Gwadar Challenges And Future Visions, Vian Ahmed Mohamed

Uruk Journal of Human Sciences

The port of Gwadar is a major turning point in the Pakistani economy, as it is characterized by a very important strategic location and has characteristics that enable it to play an active role in the region, being a land bridge linking Central Asia, especially the countries of Central and South Asia, by the sea, and also linking the Chinese economy (west of China to the port). And due to its distinguished strategic location, which made it a center of attraction for large commercial ships, despite all the positive advantages, there are obstacles that stand in the way of completing …

Criminal Protection Of Health Facilities In Iraqi Legislation (Comparative Study), Ghusn Manahi Khayun Alhasanawii, Latif Abdul Hussein Musa

Uruk Journal of Human Sciences

In our research, we discussed the criminal protection of health facilitie as a comparative study where it has a distinct importance among the interests that the legislator aspires to protect by legal texts. Health facilities constitute a threat to the internal security of the country, especially after being accompanied by descriptions that make it inherent to influence that security, such as the terrorist description, but at the level of external security, these crimes were considered one of the means used by some countries to violate security, etc. I hope for other countries either to influence them only or to interfere …

The Importance Of Soft Law Issued By The European Banking Authority For Establishing The Normative Consumer Protection Standard On The Financial Market, Magdalena Fedorowicz

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

In financial market legal acts, the normative accent lately underlines supervision issues, with particular emphasis of consumer protection issues, which is common for EU and domestic lawmakers. It is important to adopt a regulatory philosophy that properly supports the protection of the legal interests of consumers on the financial market. The main aim of this paper is to analyze the consumer protection standard, the normative consumer protection pattern on the financial market, reconstructed and specified from and by EBA soft law acts, within the legal space of the European System of Financial Supervision, having regard to EU and domestic binding …