Need anything follow from a contradiction?
In: Inquiry: an interdisciplinary journal of philosophy and the social sciences, Band 65, Heft 3, S. 278-297
ISSN: 1502-3923
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In: Inquiry: an interdisciplinary journal of philosophy and the social sciences, Band 65, Heft 3, S. 278-297
ISSN: 1502-3923
In: European Journal for Philosophy of Religion, Band 10, Heft 4, S. 27-53
There is no interesting entailment either way between theism and various forms of realism. Taking its cue from Dummett's characterisation of realism and his discussion of it with respect to theistic belief, this paper argues both that theism does not follow from realism, and that God cannot be appealed to in order to secure bivalence for an otherwise indeterminate subject matter. In both cases, significant appeal is made to the position that God is not a language user, which in turn is motivated by an account of understanding as aptitude possession. The resulting picture sits comfortably with the apophatism common within living religious traditions and with the view that the philosophy of religion ought to reorientate itself away from metaphysics towards more practical questions.
In: Journal of legal pluralism and unofficial law: JLP, Band 50, Heft 2, S. 237-238
ISSN: 2305-9931
This article analyzes the different ways that formal legal pluralism is perceived and utilized in Ecuador, where a legal void has resulted from a combination of the constitutional recognition of customary law in 1998 and the subsequent failure to develop coordinating rules that would define the relationship between customary law and national law. Adopting a legal anthropological perspective on the cabildo (village council), this article describes variations in the treatment of different types of "internal conflict," depending on both the seriousness of the case and the parties involved. I argue that constitutional recognition of legal pluralism can work either in favor of or against the legal and political empowerment of indigenous local authorities. While it has encouraged local authorities to extend their jurisdiction, formalized legal pluralism has also led to national political tensions over the exact interpretation of relevant articles in the constitution and attempts to limit indigenous jurisdiction.
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This socio-legal article will show that the daily practice of legal pluralism in Ecuador should not be seen as a dichotomy between two different legal systems, but rather as what de Sousa Santos calls a situation of "interlegality". As such, this article challenges the idea that customary law is solely used by indigenous people as a "counter-hegemonic strategy" to secure their autonomy against encroachment of the state, at least at a local level. Such a view does not explain the heterogeneity observed in actual legal practice in the Ecuadorian Highlands. Based on a case study at a local teniente politico's office, this article underscores that the actual practice of legal pluralism in the Ecuadorian Highlands is not one of clearly separated legal systems and corresponding authorities (i.e., national law and customary law), but rather that of "different legal spaces superimposed, interpenetrated, and mixed."
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This socio-legal article will show that the daily practice of legal pluralism in Ecuador should not be seen as a dichotomy between two different legal systems, but rather as what de Sousa Santos calls a situation of "interlegality". As such, this article challenges the idea that customary law is solely used by indigenous people as a "counter-hegemonic strategy" to secure their autonomy against encroachment of the state, at least at a local level. Such a view does not explain the heterogeneity observed in actual legal practice in the Ecuadorian Highlands. Based on a case study at a local teniente politico's office, this article underscores that the actual practice of legal pluralism in the Ecuadorian Highlands is not one of clearly separated legal systems and corresponding authorities (i.e., national law and customary law), but rather that of "different legal spaces superimposed, interpenetrated, and mixed."
BASE
Since the 1990s, there has been an increasing interest in mediation in the Netherlands, as part of a set of 'alternative dispute resolution' methods. Politicians, lawyers and practitioners have embraced mediation as a legitimate method for settling disputes, alongside the adjudication of conflicts in courts of law. However, there is a striking lack of literature aimed at theorizing mediation from a legal perspective. This article argues that the legal anthropology literature on disputes and dispute settlement offers useful insights for understanding mediation from a 'legal research' point of view. This is because a lot of current common knowledge on mediation has its roots in a legal anthropological understanding. The argument that is set forth in this article is that the most important lesson that can be learned is that mediation should not be seen in isolation, but as part of a social process.
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Since the 1990s, there has been an increasing interest in mediation in the Netherlands, as part of a set of 'alternative dispute resolution' methods. Politicians, lawyers and practitioners have embraced mediation as a legitimate method for settling disputes, alongside the adjudication of conflicts in courts of law. However, there is a striking lack of literature aimed at theorizing mediation from a legal perspective. This article argues that the legal anthropology literature on disputes and dispute settlement offers useful insights for understanding mediation from a 'legal research' point of view. This is because a lot of current common knowledge on mediation has its roots in a legal anthropological understanding. The argument that is set forth in this article is that the most important lesson that can be learned is that mediation should not be seen in isolation, but as part of a social process.
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In: Journal of legal pluralism and unofficial law: JLP, Band 47, Heft 2, S. 370-372
ISSN: 2305-9931
In: https://dspace.library.uu.nl/handle/1874/418623
Inclusive mediation involves a mediator whose neutrality is based on involvement with both sides of the dispute, and whose normative references are implicit; he or she is an insider. Exclusive mediation, on the other hand, involves a third party whose neutrality derives from his knowing neither disputant, and whose references to norms are explicit; an outsider, so to speak. The concepts of inclusive and exclusive mediation have been introduced by the anthropologist Carol Greenhouse in the 1980s. Inclusive mediation heavily relies on local knowledge and local ties, and its orientation can be labelled as horizontal. Basically, it fits small-scale societies, while exclusive mediation is more common in Europe and the United States. This article is about dispute settlement in an indigenous community in the Ecuadorian highlands, were I have encountered a unusual mixture of both forms: a local teniente político who applies inclusive as well as exclusive aspects of mediation at the same time.
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In: https://dspace.library.uu.nl/handle/1874/417300
Inclusive mediation involves a mediator whose neutrality is based on involvement with both sides of the dispute, and whose normative references are implicit; he or she is an insider. Exclusive mediation, on the other hand, involves a third party whose neutrality derives from his knowing neither disputant, and whose references to norms are explicit; an outsider, so to speak. The concepts of inclusive and exclusive mediation have been introduced by the anthropologist Carol Greenhouse in the 1980s. Inclusive mediation heavily relies on local knowledge and local ties, and its orientation can be labelled as horizontal. Basically, it fits small-scale societies, while exclusive mediation is more common in Europe and the United States. This article is about dispute settlement in an indigenous community in the Ecuadorian highlands, were I have encountered a unusual mixture of both forms: a local teniente político who applies inclusive as well as exclusive aspects of mediation at the same time.
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In: https://dspace.library.uu.nl/handle/1874/283779
This thesis analyzes how internal conflicts among indigenous inhabitants of the Ecuadorian highlands are being settled in a situation of formal legal pluralism, and what can be learned from this in terms of Indian-State relationships. It is shown that, on a local level, the phenomenological dimension of legal pluralism can be termed "interlegality." On a more macro level, ontological assumptions underscore that legal pluralism is still seen as a dichotomy between customary law and national law. It is argued here that, because ordinary Indians are not positively biased in favor of customary law per se, a heterogeneity of legal practices can be observed on a daily basis, which consequently undermines the commonly held view of customary law as a "counter-hegemonic strategy." On other socio-geographical levels, however, this thinking in terms of resistance holds true. Ecuador formally identified itself as a multicultural nation in 1998, an action that necessarily included recognition of customary law. Thus, a situation of de jure legal pluralism prevails in the nation. Because additional rules that would make customary law compatible with national law still had to be developed, this formal recognition led to legal uncertainty for indigenous people regarding how customary law could and should be used in cases involving internal conflicts. It is within this legal void that the de facto use of legal pluralism occurs. The formal recognition of diversity also led to a change in the indigenous population's position in political society. Indigenous authorities and the state alike are now forced to deal legally as well as politically with the new reality of formal legal pluralism. The in-depth analysis of disputes in the rural parish of Zumbahua reveals that the perception and use of two different legal systems on the part of ordinary Indians reflect that, at the local level, these systems are mixed to such an extent that they have resulted in the creation of a new system, a reality that obtained in the villages of the ...
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In: Oñati Socio-Legal Series, Band 2, Heft 7
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In: Bank- und finanzwirtschaftliche Forschungen 259
The construction industry generates large amounts of waste, usually mixed, which can be composed of different origin materials, most of them catalogued as non-hazardous. The European Union targets for this waste for 2020 have been already achieved by the UK, but it is mainly developed in downcycling processes (backfilling) whereas upcycling (such as recycle in new concrete batches) still keeps at a low percentage. The aim of this paper is to explore further in the use of recycled aggregates from construction and demolition waste (CDW) in concrete mixes so as to improve upcycling. A review of most recent research and legislation applied in the UK is developed regarding the production of concrete blocks. As a case study, initial tests were developed with a CDW recycled aggregate sample from a CDW plant in Swansea. Composition by visual inspection and sieving tests of two samples were developed and compared to original aggregates. More than 70% was formed by soil waste from excavation, and the rest was a mix of waste from mortar, concrete, and ceramics with small traces of plaster, glass and organic matter. Two concrete mixes were made with 80% replacement of recycled aggregates and different water/cement ratio. Tests were carried out for slump, absorption, density and compression strength. The results were compared to a reference sample and showed a substantial reduction of quality in both mixes. Despite that, the discussion brings to identify different aspects to solve, such as heterogeneity or composition, and analyze them for the successful use of these recycled aggregates in the production of concrete blocks. The conclusions obtained can help increase upcycling processes ratio with mixed CDW as recycled aggregates in concrete mixes.
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