Imago veritas falsa: for a (post-)Schmittian decisionist theory of law, legal reasoning, and judging

For decades, while approaching the ‘normativism/pragmatism’ divide and discussing the legitimacy of (and opportunity for) the judge to act as a ‘social engineer’, socio-legal scholars have tried to ascertain whether the jurist should also consider the impact of his/her activity on society at large, and if so, why and to what extent. The present contribution understands instead the law in terms of a structurally incomplete image (imago veritas falsa) which always needs the decisive intervention of the legal interpreter to exercise its performative instances. In particular, by adopting an unconventional theoretico-philosophical approach that transcends the classic boundaries of foundationalist metaphysics as expressed by the dichotomy of Western logic, this paper argues for the necessity of a tertium comparationis capable of explaining that the real essence of law, legal reasoning, and judging is neither that of normativism, nor of pragmatism, but rather of (post-)Schmittian decisionism.

Migration exhibitions and the question of identity: reflections on the history of the representation of migration in Australian museums, 1986-2011

Museums and Migration explores the ways in which museum spaces - local, regional, national - have engaged with the history of migration, including internal migration, emigration and immigration.

A general theory of tourism consumption systems: a conceptual framework and an empirical exploration

A tourism consumption system (TCS) is defined as the setof related travel thoughts, decisions, and behaviors by a discretionarytraveler prior to, during, and following a trip. Thecentral proposition of a theory of TCS is that the thoughts,decisions, and behaviors regarding one activity influence thethoughts, decisions, and behaviors for a number of other activities.Using exit interview travel data and quick clusteringanalysis, this article empirically examines seven basic TCSpropositions pertaining to decisions made once the destinationhas been selected. The findings support and extend thebasic propositions specifically indicating clear patterns inthe behaviors of visitors to Prince Edward Island, Canada.The authors conclude by recommending that this approach isuseful for tourism marketers and practitioners in general.Suggestions are provided for analyzing TCS to increase theeffectiveness of tourism marketing strategies.

Toward a receiver-based theory of knowledge sharing

Managers and researchers alike have sought new ways to address the challenges of sharing dispersed knowledge in modern business environments. Careful consideration by sharers of receivers' knowledge needs and behaviours may improve the effectiveness of organisational knowledge sharing. This research examines how sharers react to their perceptions of receivers' knowledge needs and behaviours when making choices relating to sharing knowledge. The focus of this article is to propose and empirically explore a theoretical framework for a study of the role of the receiver in knowledge sharing - receiver-based theory. Data collected from two case studies highlight a key role played by perceived receiver knowledge needs and behaviours in shaping sharer choices when explicit knowledge is shared. A set of receiver influences on knowledge sharing is provided that highlights key receiver and sharer issues. The paper concludes that companies should develop better ways to connect potential sharers with receivers' real knowledge needs. Further, the findings suggest that sharing on a need-to-know basis hinders change in organisational power structures, and prevents the integration of isolated pockets of knowledge that may yield new value. © 2008, IGI Global.

Assessment of habitat representation across a network of marine protected areas with implications for the spatial design of monitoring

Networks of marine protected areas (MPAs) are being adopted globally to protect ecosystems and supplement fisheries management. The state of California recently implemented a coast-wide network of MPAs, a statewide seafloor mapping program, and ecological characterizations of species and ecosystems targeted for protection by the network. The main goals of this study were to use these data to evaluate how well seafloor features, as proxies for habitats, are represented and replicated across an MPA network and how well ecological surveys representatively sampled fish habitats inside MPAs and adjacent reference sites. Seafloor data were classified into broad substrate categories (rock and sediment) and finer scale geomorphic classifications standard to marine classification schemes using surface analyses (slope, ruggedness, etc.) done on the digital elevation model derived from multibeam bathymetry data. These classifications were then used to evaluate the representation and replication of seafloor structure within the MPAs and across the ecological surveys. Both the broad substrate categories and the finer scale geomorphic features were proportionately represented for many of the classes with deviations of 1-6% and 0-7%, respectively. Within MPAs, however, representation of seafloor features differed markedly from original estimates, with differences ranging up to 28%. Seafloor structure in the biological monitoring design had mismatches between sampling in the MPAs and their corresponding reference sites and some seafloor structure classes were missed entirely. The geomorphic variables derived from multibeam bathymetry data for these analyses are known determinants of the distribution and abundance of marine species and for coastal marine biodiversity. Thus, analyses like those performed in this study can be a valuable initial method of evaluating and predicting the conservation value of MPAs across a regional network.

A demandeur-centric theory of regime design in transnational commercial law

Recent scholarship on international agreement design has almost exclusively focused on the public international law area. The literature on regime design in the area of international private law lacks a solid theoretical foundation. Academic writing on public international law's state-centric approach is only amenable to crude transplantation and poses several puzzles in the international private law context. Resolving these puzzles is important because of the proliferation of transnational commercial agreements in areas that were traditionally the province of domestic law. This paper attempts to provide a starting point to address the theoretical vacuum. Part I argues that functionalist, liberal, and realist theories cannot fully explain transnational commercial law agreement design. Part II puts forth a demandeur-centric approach with the aid of examples that span the spectrum from hard law to soft law. Part III concludes that agreement design in transnational commercial law is premised on demandeur preferences and relative power.

Towards a theory of landscape iconoclasm

The destruction of Indigenous rock art sites in the Pilbara district in Western Australia has become a natural sight within the mining landscape of the area. Whilst much of the destruction is explained as acts of vandalism and as a result of the industrial activities that are propelling the Australian economy, I claim that a new theory of iconoclasm is needed to explain fully this disastrous example of heritage conservation. Henceforth, in order to explain the destruction of the Murujuga/Burrup Peninsula petroglyphs, the largest archaeological site in the world, this paper develops the theory of landscape iconoclasm. This theory states that the destruction of Indigenous landscapes can be compared to the destruction of religious images, by analysing the inherent symbolic functions of iconoclasm, together with those of heritage, the better to elucidate the state of affairs in the Murujuga/Burrup Peninsula. Furthermore, by drawing from Aboriginal mythology and art-historical and anthropological theories, the theory of landscape iconoclasm is able to explain the destruction of archaeological sites within a framework that falls outside prevalent discourses of heritage.

Individual differences in intention to fake job interviews: Personality, self-monitoring, and the theory of planned behaviour

When job applicants lie in job interviews, they can deprive a more honest candidate of a job and deprive an organisation of the best employees. To better understand job interview faking, the present study examined the effect of general dispositions and domain-specific beliefs on the intention to fake job interviews. A community sample of 313 participants completed measures of personality (i.e., extraversion, neuroticism, conscientiousness) and self-monitoring, and a domain-specific measure of beliefs about faking job interviews based on the theory of planned behaviour, which measured attitudes, subjective norms, and perceived behavioural control. Results indicated that the measure of attitudes was the strongest predictor of intention to fake. In line with the compatibility principle, the domain-specific measures based on the theory of planned behaviour correlated much more strongly with intentions to fake job interviews than did the general measures of personality or self-monitoring. Of the dispositional measures, lower conscientiousness, higher neuroticism, and higher self-monitoring was associated with greater intention to fake job interviews. The findings support a model whereby the effect of personality on intentions is partially mediated by domain-specific beliefs.