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Jus Cogens ◽  
2022 ◽  
Author(s):  
James Fowkes

AbstractWhat is the relevance of the Indian case for South Africa? And what should South Africans, and the rest of the world, make of the claim in Madhav Khosla’s India’s Founding Moment that we should recognize India as ‘the’ paradigm case for modern constitutional democracy? The constitutional projects of India and South Africa are naturally connected, but Khosla’s book helps to bring out what is perhaps the most important of the connections. Both are founded on an insistently democratic constitutionalism, in places where most inhabitants had long been told they were not suited or ready for democracy. Both display the conviction that boldly giving the vote to all, in these circumstances, is a powerful way to construct a democracy. This idea is crucial for understanding many aspects of both constitutions. This makes India a natural paradigm case for South Africa and many others. The stronger claim, that it is ‘the’ paradigm case and should succeed the United States to this status, can become more complicated once one tests it out globally (like the US claim). Finland and Ireland are especially strong and earlier examples of what Khosla sees as ground-breaking in India. Latin America’s somewhat different post-colonial trajectory makes India a more imperfect paradigm there. But that said, treating India and its founding as paradigmatic may well be the single best step to take for a more balanced view of the constitutional world, and this book’s elegant erudition makes it a real scholarly pleasure to do so.


2021 ◽  
pp. 161-184
Author(s):  
Ashwini Vasanthakumar

This chapter begins an enquiry into political methods, focusing on disruptive protest and principled disobedience, which has featured in the different case studies examined in the book. Standardly, principled disobedience is justified because of its role in enhancing democratic deliberation and justice in the society it disrupts. Exile protest targets wrongdoing in another society that might have no connection to the place in which the protest takes place. I argue that, even though the paradigm case of exile disobedience does not fit the standard case, it can still perform these ameliorative functions in receiving communities and still be justified. And, even when it does not, I argue that exiles’ communities of residence have a duty to accommodate exile protest. Exile politics may also perform a corrective function in exiles’ communities of residence, which also present constraints on how exile politics ought to be carried out.


i-Perception ◽  
2021 ◽  
Vol 12 (6) ◽  
pp. 204166952110545
Author(s):  
Geoffrey P. Bingham

Gibson formulated an approach to goal-directed behavior using prospective information in the context of visually guided locomotion and manual behavior. The former was Gibson's paradigm case, but it is the rapidity of targeted reaching that has provided the special challenge for stable control. Recent treatments of visually guided reaching assume that internal forward models are required to generate stable behavior given delays caused by neural transmission times. Internal models are representations of the sort eschewed by Gibson in favor of prospective information. Reaching is usually described as guided using relative distances of hand and target, but prospective information is usually temporal rather than spatial. We describe proportional rate control models that incorporate time dimensioned prospective information and show they remain stable in the face of delays. The use of time-dimensioned prospective information removes the need for internal models for stable behavior despite neural transmission delays and allows Gibson's approach to prevail.


2021 ◽  
Vol 6 (4) ◽  
pp. 350-354
Author(s):  
Jessica Chenriana ◽  
Alvanov Z. Mansoor

Developments in Indonesia are growing along with the increase in population. The high demand both in architecture and construction is an excellent opportunity for architectural business. Unfortunately, the development was not supported by proper preparation of financial allocations. As a result, many projects were delayed or even stalled. Moreover, this problem has negative impacts on various parties, such as architects and contractors. This paper formulates a new architectural business scheme for Studio Kano as a newcomer architectural consultant who often experiences problems during the process. The majority of this problem is due to the client's financial condition and causes a difference between the results and the initial design. At first, Studio Kano needs to increase the company's productivity and minimize disruption in project development, especially from the financial issues, by analyzing the company's current business situation using two analytical approaches; Business Process Analysis and Value Proposition. The finding from conducted analysis determines a new architectural business scheme for Studio Kano using the Blockchain paradigm. It will underpin to maintain its design characteristics, maximize productivity, and minimize project development disruption, especially in payment issues. 


2021 ◽  
pp. 213-232
Author(s):  
Michael Bergmann

After briefly considering (in Section 1) the self-undermining worry that arguments for skepticism about epistemic intuition themselves rely on epistemic intuition, this chapter responds to underdetermination-based arguments for skepticism about epistemic intuition. Section 2 lays out the rationale for underdetermination-based skepticism about epistemic intuition and presents the noninferential anti-skeptic’s response. Section 3 highlights the epistemic circularity that is so obvious in that response and explains why, instead of causing trouble for that response, it provides us with a paradigm case of unproblematic epistemic circularity. Section 4 identifies several worries about the possibility of our having duplicates who are victims of deceptive demons (worries connected with disjunctivism, the New Evil Demon Problem, and the positions defended in Sections 2 and 3), and responds to the alleged problems these worries cause for epistemic intuition.


2021 ◽  
pp. 205-240
Author(s):  
Richard Martin

Contentious parades and protests in Northern Ireland present a paradigm case of competing rights, requiring the PSNI to respond in ways that respect the human rights of the various parties involved. This chapter introduces and develops the idea of the PSNI’s public order ‘script’ which is used to manage contentious parades and protests. The script can be thought of as the organization’s carefully constructed template for managing public order events, especially contentious parades and protests. This script is written and promoted by public order commanders who are acutely aware of the political sensitivities of parades and protests and the formal oversight they face in policing them. In the material form of operational plans and briefing documents, the script is communicated to frontline officers – often the TSG – who are tasked with performing the police operation according to the script. The first two sections of this chapter provide the platform for the analysis of the police script by explaining the social and legal context within which it is written and performed. The production, promotion and delivery of human rights law as an integral part of the police script is then traced in detail, before the chapter analyses how public order commanders came to acquire the knowledge and expertise needed to become human rights script-writers and decision-makers. This hints at the movement away from the kinds of ‘common sense’ understandings described in Part III and towards a more legalistic, technical one reflecting the responsibilities commanders shouldered and the formal audiences they addressed.


Author(s):  
Simon van der Weele

Both Judith Butler and Eva Kittay have formulated an ethics centered around concepts of dependency and vulnerability. However, they take these concepts into divergent normative directions. I trace these differences back to the contrasting empirical examples that inform their respective takes on dependency. Borrowing the words of Eva Kittay, I analyze their arguments in terms of “paradigm cases” of dependency. For Kittay, the paradigm case supporting her thought is a person with profound intellectual and multiple disabilities; for Butler, it is a refugee. Drawing out these paradigm cases brings the theoretical tensions between Butler and Kittay into sharp relief. Rather than resolving them, I suggest using the paradigm cases as heuristic devices to examine dependency in actual care practices.


Hypatia ◽  
2021 ◽  
pp. 1-22
Author(s):  
Simon van der Weele

Abstract Dependency functions as a keyword in care theory. However, care theorists have spelled out the ontological and moral ramifications of dependency in different and often conflicting ways. In this article, I argue that conceptual disputes about dependency betray a fundamental discordance among authors, rooted in the empirical premises of their arguments. Hence, although authors appear to share a vocabulary of dependency, they are not writing about quite the same phenomenon. I seek to elucidate these differences by teasing out and comparing different conceptions of dependency found in the literature. Borrowing a phrase from Eva Kittay, I trace four “paradigm cases” of dependency: the infant, the physically disabled person, the profoundly intellectually disabled person, and the refugee. These paradigm cases serve as the empirical touchstone from which theorists extract their conceptions of dependency. Each paradigm case, moreover, permits (or even implores) a particular ethical sensibility toward care. How we understand and value dependency thus seems to determine how we understand and value care, and vice versa. In this way, I contend, our normative orientation toward care might influence what sorts of dependency we see—and, by extension, which forms of dependency we fail to notice.


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