Faith and politics: The rhetoric of church-state separation

Criticism of religiously motivated contributions to public policy debate is largely misconceived. It assumes that the mischief which constitutional separation of church and state is supposed to cure is a domination of the state by the church. This presents only one side of the story. Subservience by the church to the slate should also be avoided. The law of a liberal state is legitimate to the extent that it does not conflict with the basic moral values of its citizens. Therefore, an ongoing conversation about basic values is necessary. Allowing churches and individual believers the freedom to make distinctive 'religious' contributions to this conversation is consistent with the separation of church and state. It is an aspect of the liberal democratic state's obligation to listen to all perspectives on difficult moral issues. A close relationship between church and state, on the other hand, has the capacity to impede the conversation.

Logic of Violations: A gentzen systems for reasoning with contrary-to-duty obligations

In this paper we present a Gentzen system for reasoning with contrary-to-duty obligations. The intuition behind the system is that a contrary-to-duty is a special kind of normative exception. The logical machinery to formalise this idea is taken from substructural logics and it is based on the definition of a new non-classical connective capturing the notion of reparational obligation. Then the system is tested against well-known contrary-to-duty paradoxes.

A Neglected Aspect of Business: Human and Social Capital in the Sri Lankan Tea Plantations

This paper examines idiosyncrasies of tea plantation culture and politics in relation to Sri Lankan national and popular cultural typologies, with special reference to female tea plantation workers. Tea production in Sri Lanka is heavily based on manual labour, and it is the largest industry that provides accommodation for employees and their families. In this paper, it is argued that politico-cultural production relations have dominated labour productivity in tea plantations. Ways in which female workers have been marginalized, through patriarchal politics, ethnicity, religion, education, elitism, and employment are explained. This culture of the plantation community operates negatively with respect to the management agenda. It is also argued that social capital development in tea plantations is important not only for productivity improvement, but also for reasons of political and social obligation for the nation, because migrant plantation workers have been working and living in plantations over 150 years.

JAVÉ, O PASTOR QUE ABRIGA EM BELAS PASTAGENS CONTRIBUIÇÃO EXEGÉTICA SOBRE O SALMO 23

Na América Latina temos pouca bibliografia sobre o Salmo 23. No entanto, contamos com alguns pesquisadores que podem dialogar academicamente com cientistas europeus sobre nosso objeto de estudo. Apesar do grande atrativo deste texto no mundo pastoral de nosso continente, o aporte exegético deste Salmo estava em dívida, o que se tem convertido numa de nossa justificação científica para o estudo do Salmo 23. O Salmo 23 se incrusta dentro do saltério. É poesia hebraica, a que se caracteriza pela repetição do sentido de suas frases. Seu conteúdo está nas entrelinhas pelo uso freqüente de imagens, símbolos e figuras. Por estas e outras razões é difícil assinalar sua data de origem, mas deve ser pré-exílico. Nosso texto revela, como lugar vital, uma comunidade litúrgica. Essa comunidade está localizada no templo de Jerusalém. Ali se encontram, por sua vez, sacerdotes, levitas, intelectuais orgânicos; enfim, pessoas que têm testemunhado de perto a controvérsia de uma pessoa refugiada no templo, a que tem achado no santuário um lugar de amparo. Desde aqui deduzimos que o Salmo 23 foi escrito por alguém de sensibilidade poética, inspirado na vida do asilado. O salmista tem experimentado os cuidados de Javé. Ali, no templo, na área do reino de Javé, seus ameaçadores não podem capturá-lo. Os motivos de perseguição podem sugerir assuntos de dívidas e, ao mesmo tempo, assuntos de justiça. Uma vez no santuário, não carece de nada, porque seu pastor/rei lhe fornece o que precisa, isto é, comida, bebida, proteção, segurança, dignidade e fraternidade. Os agressores são testemunhas do estado de felicidade de seu inimigo, mas não podem fazer-lhe nada. Por isso o salmista, não teme e, na presença de Javé, encontra seu consolo. Javé, como pastor/rei, hospeda a seu protegido. Pela inocência reconhecida do refugiado, nasce o ambiente de festa, porque a comunidade litúrgica celebra a salvação alcançada. As graças recebidas têm para o salmista uma repercussão comunitária, o bem e a solidariedade que experimentou voltarão aos que o circundam, não por obrigação e sim por gratidão. Por assuntos de segurança e agradecimento o salmista deseja permanecer na casa de Javé.(AU)

HTPC: HORÁRIO DE TRABALHO PEDAGÓGICO COLETIVO OU HORÁRIO DE TRABALHO PERDIDO?

Esta pesquisa investigou o que ocorre no Horário de Trabalho Pedagógico Coletivo HTPC da rede de ensino do Estado de São Paulo em relação à formação continuada dos professores. Para tanto, fez um resgate histórico da construção do HTPC e buscou verificar quais ações vêm sendo desenvolvidas nesse espaço de forma a analisar se realmente é um local utilizado como formação contínua ou se a sua institucionalização caracterizou uma obrigatoriedade que acarreta resistência dos atores envolvidos. A pesquisa, de caráter qualitativo, foi realizada em uma escola de Santo André, município da Grande São Paulo, por meio de um estudo de caso. Os HTPCs foram observados no período de um semestre e deles foram extraídos momentos, aqui denominados de cenas , que serviram como base de análise das atividades realizadas nesse horário. O estudo utilizou, como instrumentos de pesquisa, entrevista semi-estruturada com a Professora Coordenadora e questionários para os professores de um grupo do período noturno objetivando averiguar quais as suas concepções sobre formação contínua e sobre as atividades efetivamente desenvolvidas buscando determinar concordâncias ou discordâncias.(AU)

Babies, bodies and entitlement: gendered aspects of access to citizenship in the Republic of Ireland

Since the mid-1990s, automatic citizenship for children born in the Republic has been a source of growing debate against a backdrop of increasing immigration and the peace process. In June 2004, the debate culminated in a referendum, opening the way to a constitutional amendment that attaches residence qualifications to the hitherto unfettered entitlement to citizenship available through ius soli. Arguments for the amendment were couched in terms of a threat posed by Third World women having babies in Ireland to obtain residence, and a putative obligation to the EU to harmonise citizenship laws. This article explores how pregnant foreign women’s bodies became a site of perplexity about the borders of the twenty-first century Irish nation. It is therefore suggested that neither the ‘racial state’ theories nor feminist theories of the nation-state account fully for this. On closer inspection, the seemingly sui generis case of the Irish referendum is therefore fruitful in that it demands further reflection in terms of bridging gaps in the existing theory.

A formal methodology for the verification of concurrent systems

There is an increasing emphasis on the use of software to control safety critical plants for a wide area of applications. The importance of ensuring the correct operation of such potentially hazardous systems points to an emphasis on the verification of the system relative to a suitably secure specification. However, the process of verification is often made more complex by the concurrency and real-time considerations which are inherent in many applications. A response to this is the use of formal methods for the specification and verification of safety critical control systems. These provide a mathematical representation of a system which permits reasoning about its properties. This thesis investigates the use of the formal method Communicating Sequential Processes (CSP) for the verification of a safety critical control application. CSP is a discrete event based process algebra which has a compositional axiomatic semantics that supports verification by formal proof. The application is an industrial case study which concerns the concurrent control of a real-time high speed mechanism. It is seen from the case study that the axiomatic verification method employed is complex. It requires the user to have a relatively comprehensive understanding of the nature of the proof system and the application. By making a series of observations the thesis notes that CSP possesses the scope to support a more procedural approach to verification in the form of testing. This thesis investigates the technique of testing and proposes the method of Ideal Test Sets. By exploiting the underlying structure of the CSP semantic model it is shown that for certain processes and specifications the obligation of verification can be reduced to that of testing the specification over a finite subset of the behaviours of the process.

A techno-economic assessment of the use of fast pyrolysis bio-oil from UK energy crops in the production of electricity and combined heat and power

This thesis investigates the cost of electricity generation using bio-oil produced by the fast pyrolysis of UK energy crops. The study covers cost from the farm to the generator’s terminals. The use of short rotation coppice willow and miscanthus as feedstocks was investigated. All costs and performance data have been taken from published papers, reports or web sites. Generation technologies are compared at scales where they have proved economic burning other fuels, rather than at a given size. A pyrolysis yield model was developed for a bubbling fluidised bed fast pyrolysis reactor from published data to predict bio-oil yields and pyrolysis plant energy demands. Generation using diesel engines, gas turbines in open and combined cycle (CCGT) operation and steam cycle plants was considered. The use of bio-oil storage to allow the pyrolysis and generation plants to operate independently of each other was investigated. The option of using diesel generators and open cycle gas turbines for combined heat and power was examined. The possible cost reductions that could be expected through learning if the technology is widely implemented were considered. It was found that none of the systems analysed would be viable without subsidy, but with the current Renewable Obligation Scheme CCGT plants in the 200 to 350 MWe range, super-critical coal fired boilers co-fired with bio-oil, and groups of diesel engine based CHP schemes supplied by a central pyrolysis plant would be viable. It was found that the cost would reduce with implementation and the planting of more energy crops but some subsidy would still be needed to make the plants viable.

Employee absence and organizational commitment:moderation effects of age

This study examined the relations of organizational commitment and demographic factors with objectively measured absence frequency data of 106 staff at a UK school, collected over a 1-year period. We found significant associations of commitment and absenteeism, with high affective and normative commitment, and low continuance commitment being associated with lower levels of absence. Age moderated two of these associations, with low normative commitment and high continuance commitment predicting absence most strongly for older workers. Our findings help practitioners and researchers to understand how commitment may interact with other factors to predict absence. Interaction effects in our data showed that absence frequencies tended to be highest for older workers who felt a lower sense of obligation to their organization, or a lack of alternatives to their present employment. © 2012 Hogrefe Publishing.

Changing treaty and changing economic context:the dynamic relationship of the legislature and the judiciary in the pursuit of capital liberalisation

Introduction For a significant period of time (the late 1950s--1980s), a lack of capital freedom was a major obstacle to the progress of the internal market project. The free movements of goods, persons and services were achieved, and developed, primarily through the case law of the Court of Justice of the European Union (CJEU). On the other hand, the Court played a (self-imposed) limited role in the development of the free movement of capital. It was through a progressive series of legislation that the freedom was finally achieved. John Usher has noted that the consequence of this is that ‘free movement of capital thus became the only Treaty “freedom” to be achieved in the manner envisaged in the Treaty’. For this reason, the relationship of the Court and legislature in this area is of particular importance in the broader context of the internal market. The rest of this chapter is split into four sections and will attempt to describe (and account for) the differing relationships between the legislature and the judiciary during the different stages of capital liberalisation. Section 2 will deal with the situation under the original Treaty of Rome. Section 3 will examine a single legislative intervention: Directive 88/361. It was this intervention that contained the obligation for Member States to fully liberalise capital movements. It is therefore the most important contribution to the completion of the internal market in the capital sphere. An examination will be made of whether the interpretation of the Directive demonstrates a changed (or changing attitude) of the Court towards the EU legislature. Section 4 will examine the changes brought about by the Treaty on European Union in 1993. It was at Maastricht that the Member States finally introduced into the Treaty framework an absolute obligation to liberalise capital movements. Finally, Section 5 will consider the Treaty of Lisbon and the possibility of future interventions by the legislature. By looking at the patterns that run through the different parts, this chapter will attempt to engage with the question of whether the approaches were products of their historical context, or whether they can be applied to other areas within the capital movement sphere.

Contracts for the sale of land and personal property:the equitable interests of the purchaser

As property lawyers, we are all familiar with the general principle that a contract for the sale of land, which is capable of specific performance, operates in equity so as to confer a trust on the purchaser pending completion of the sale. Although some controversy exists as to the exact nature of the trust, it is well established that, upon exchange of contracts, equity will ‘‘treat that as done which ought to be done’’1 with the consequence that the purchaser acquires equitable ownership even though full (legal) title to the land will not pass until completion (and registration). As land is unique, specific performance is readily available in the context of sales of land where damages would, clearly, not be an adequate remedy. The same cannot be said for contracts for the purchase of personal property where invariably the subject matter is not unique and where a substitute can easily be acquired in the open market. In circumstances, however, where the property is unique or scarce (for example, a rare painting or vintage car), the maxim that ‘‘equity treats as done that which ought to be done’’ may be invoked so as to confer on the seller an equitable obligation to transfer the property to the purchaser in fulfilment of the contract. Where, therefore, the contract is specifically enforceable in this way, the seller, it is submitted, will again hold the property on trust for the purchaser where, as in a contract for the sale of land, there is an interval between the date of the contract and completion of the sale. The notion that a seller holds personal property upon trust for the purchaser pending completion of the sale is admittedly controversial, but this article seeks to argue that the same principles governing equity’s intervention in sales of land should apply in the context of sales of personalty. It is submitted that equity’s role in imposing a trust on the vendor both in relation to sales of land and personalty may be important in safeguarding the interests of the purchaser prior to, as well as after, completion of the transaction.

Utilisation of analogous climate locations to produce resilient biodiversity plantings for infrastructure developments

Developers have an obligation to biodiversity when considering the impact their development may have on the environment, with some choosing to go beyond the legal requirement for planning consent. Climate change projections over the 21st century indicate a climate warming and thus the species selected for habitat creation need to be able to withstand the pressures associated with these forecasts. A process is therefore required to identify resilient plantings for sites subject to climate change. Local government ecologists were consulted on their views on the use of plants of non-native provenance or how they consider resilience to climate change as part of their planting recommendations. There are mixed attitudes towards non-native species, but with studies already showing the impact climate change is having on biodiversity, action needs to be taken to limit further biodiversity loss, particularly given the heavily fragmented landscape preventing natural migration. A methodology has been developed to provide planners and developers with recommendations for plant species that are currently adapted to the climate the UK will experience in the future. A climate matching technique, that employs a GIS, allows the identification of European locations that currently experience the predicted level of climate change at a given UK location. Once an appropriate location has been selected, the plant species present in this area are then investigated for suitability for planting in the UK. The methodology was trialled at one site, Eastern Quarry in Kent, and suitable climate matched locations included areas in north-western France. Through the acquisition of plant species data via site visits and online published material, a species list was created, which considered original habitat design, but with added resilience to climate change.

Neither security nor development? Czech and Hungarian identities and interests in the provincial reconstruction teams in Afghanistan

This article builds on the securitisation and post-development literature and it scrutinises the Czech and Hungarian legitimising discourses of the two countries’ respective Provincial Reconstruction Teams (PRTs) in the Logar and Baghlan provinces of Afghanistan from 2007 to 2013. In spite of the hybrid civil–military character of the PRTs, their security–development nexus was absent and they were respectively securitised and “developmentalised” only indirectly and to a varying extent. The PRTs were mostly justified by the Czech Republic's NATO membership as an identity issue and they were justified as a Hungarian national interest and as both an obligation and an opportunity. Rather than merely importing NATO's arguments as suggested by the previous literature, the depoliticisation and positive connotation of the intervention in Afghanistan was constructed by the domestic NATO-related identities and interests in the Czech Republic and Hungary.

A fogyasztói hitelszerződések új szabályai (New regulations the credit agreements for consumers)

A fogyasztói hitelszerződések jogát az Európai Unión belül a 2008/48/EK irányelv szabályozta újra, amely a magyar jogalkotó számára is a belső jogba történő átültetés kötelezettségét írta elő. Ennek az implementációnak az eredményeként született meg a fogyasztónak nyújtott hitelről szóló 2009. évi CLXII. törvény. Jelen cikk a jelzáloghitelek szabályozására vonatkozó elképzeléseket, majd a hiteltermékek reklámozására – kereskedelmi kommunikációjára – irányadó szabályokat vizsgálja meg részletesebben. Ennek során bemutatja a hiteltermékek reklámozásáról szóló, hatályos jogszabályokban fellelhető ellentmondásokat is. Ezt követően a szerződéskötést megelőző tájékoztatási kötelezettséget, valamint az előtörlesztés intézménye körüli kérdéseket elemzi. Végül alátámasztani kívánja azt az álláspontot, hogy a fogyasztói kezességi szerződésekre is indokolt lett volna kiterjeszteni az új irányelvben foglalt védelmi szintet, a jelzáloggal fedezett hitelekre azonban nem, hiszen ezekre vonatkozóan további uniós jogalkotási lépések várhatóak. / === / The consumer protection law is governed by Directive 2008/48/EC of the European Parliament and of the Council and was implemented to the Hungarian legal system through the Act on Credit Provided for Consumers (162/2009). This article aims at observing the relevant provisions on mortgage as well as the commercials and advertisements of mortgages. This article will show that there are many confl icts within the relevant legal provisions and will further examine the obligation to information and the institution of early repayment. The author of this article believes that the protection created by the new directive should have been extended to guarantee contracts as well, but not to hypothec contracts as the latter are expected to be governed through future EU legislation.

Action oriented futures studies in Hungary

The significant social changes and unstable social–economic processes we are undergoing require more participation and more future oriented grassroots activity both in designing the possible future alternatives and in the actions for the realization of them. Action oriented futures studies and participatory futures studies are in close connection, because orientation towards actions and participation of non-professionals can be strengthened by their mutual interdependence in futures work. This study gives—as examples—summaries of four Hungarian case studies using participatory futures methods: one case from the field of vocational training, two cases concerning regional development, and one about national social–economic development. Our experience shows that such selected groups have evaluated the present issues in their environments as well as the closer and broader regional issues in authentic ways. The future alternatives that were outlined regarding the future of vocational training, acceptable future alternatives of domestic social–economic development, and future living conditions of a smaller settlement and in a larger town, reflected obligation, responsibility and personal interest. That non-professionals lack sufficient future orientation, and do not see possibilities to take serious actions for the future is a read problem. Fortunately, it seems that the future and action oriented attitude of the individuals might be further developed by the use of partnership education.