Search results for: Buhari/Jubril claims
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 351

Search results for: Buhari/Jubril claims

321 Treating On-Demand Bonds as Cash-In-Hand: Analyzing the Use of “Unconscionability” as a Ground for Challenging Claims for Payment under On-Demand Bonds

Authors: Asanga Gunawansa, Shenella Fonseka

Abstract:

On-demand bonds, also known as unconditional bonds, are commonplace in the construction industry as a means of safeguarding the employer from any potential non-performance by a contractor. On-demand bonds may be obtained from commercial banks, and they serve as an undertaking by the issuing bank to honour payment on demand without questioning and/or considering any dispute between the employer and the contractor in relation to the underlying contract. Thus, whether or not a breach had occurred under the underlying contract, which triggers the demand for encashment by the employer, is not a question the bank needs to be concerned with. As a result, an unconditional bond allows the beneficiary to claim the money almost without any condition. Thus, an unconditional bond is as good as cash-in-hand. In the past, establishing fraud on the part of the employer, of which the bank had knowledge, was the only ground on which a bank could dishonour a claim made under an on-demand bond. However, recent jurisprudence in common law countries shows that courts are beginning to consider unconscionable conduct on the part of the employer in claiming under an on-demand bond as a ground that contractors could rely on the prevent the banks from honouring such claims. This has created uncertainty in connection with on-demand bonds and their liquidity. This paper analyzes recent judicial decisions in four common law jurisdictions, namely, England, Singapore, Hong Kong, and Sri Lanka, to identify the scope of using the concept of “unconscionability” as a ground for preventing unreasonable claims for encashment of on-demand bonds. The objective of this paper is to argue that on-demand bonds have lost their effectiveness as “cash-in-hand” and that this is, in fact, an advantage and not an impediment to international commerce, as the purpose of such bonds should not be to provide for illegal and unconscionable conduct by the beneficiaries.

Keywords: fraud, performance guarantees, on-demand bonds, unconscionability

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320 Automated Fact-Checking by Incorporating Contextual Knowledge and Multi-Faceted Search

Authors: Wenbo Wang, Yi-Fang Brook Wu

Abstract:

The spread of misinformation and disinformation has become a major concern, particularly with the rise of social media as a primary source of information for many people. As a means to address this phenomenon, automated fact-checking has emerged as a safeguard against the spread of misinformation and disinformation. Existing fact-checking approaches aim to determine whether a news claim is true or false, and they have achieved decent veracity prediction accuracy. However, the state-of-the-art methods rely on manually verified external information to assist the checking model in making judgments, which requires significant human resources. This study introduces a framework, SAC, which focuses on 1) augmenting the representation of a claim by incorporating additional context using general-purpose, comprehensive, and authoritative data; 2) developing a search function to automatically select relevant, new, and credible references; 3) focusing on the important parts of the representations of a claim and its reference that are most relevant to the fact-checking task. The experimental results demonstrate that 1) Augmenting the representations of claims and references through the use of a knowledge base, combined with the multi-head attention technique, contributes to improved performance of fact-checking. 2) SAC with auto-selected references outperforms existing fact-checking approaches with manual selected references. Future directions of this study include I) exploring knowledge graphs in Wikidata to dynamically augment the representations of claims and references without introducing too much noise, II) exploring semantic relations in claims and references to further enhance fact-checking.

Keywords: fact checking, claim verification, deep learning, natural language processing

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319 Desire as Psychological Case against Nihilism and a Clear Mechanism as Evidence for Moral Realism

Authors: Paul Pistone

Abstract:

Nihilism claims that there are no actual intrinsic goods. Desire, however, directly contradicts this claim. To desire, something is more than to be motivated to bring about the desired ends. It is more than to take pleasure in it, seeming that one has obtained her desired end. Desire is, further, more than believing that something is good. Desire is the perception that something is good for the self. In this paper, it is argued that desire is an agent-relative value seeming. This implies that there are intrinsic values. It will be argued that: (1) there are intrinsic values related to life and flourishing, (2) that it is metaphysically impossible that there are no intrinsic values, (3) that desire is our psychological mechanism which enables us to perceive a state of affairs or event as an agent-relative good, and (4) while we can be wrong about the large scale object of desire (i.e., the instrumental desire) we cannot be wrong about what is at the root of our desire (i.e., the intrinsic desire). The method of this paper will be to examine the claims of nihilism and moral realism in recent literature, present a case for moral realism, discuss a few theories of desire, connect moral realism to an evaluative perceptual model of desire, and conclude that not only is this the best theory of desire but that this psychological faculty offers a clear counterexample to nihilism.

Keywords: desire, moral realism, nihilism, perception

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318 Overcoming the Challenges of Subjective Truths in the Post-Truth Age Through a CriticalEthical English Pedagogy

Authors: Farah Vierra

Abstract:

Following the 2016 US presidential election and the advancement of the Brexit referendum, the concept of “post-truth”, defined by Oxford Dictionary as “relating to or denoting circumstances in which objective facts are less influential in shaping public opinion than appeals to emotion and personal belief”, came into prominent use in public, political and educational circles. What this essentially entails is that in this age, individuals are increasingly confronted with subjective perpetuations of truth in their discourse spheres that are informed by beliefs and opinions as opposed to any form of coherence to the reality of those who these truth claims concern. In principle, a subjective delineation of truth is progressive and liberating – especially considering its potential in providing marginalised groups in the diverse communities of our globalised world with the voice to articulate truths that are representative of themselves and their experiences. However, any form of human flourishing that seems to be promised here collapses as the tenets of subjective truths initially in place to liberate has been distorted through post-truth to allow individuals to purport selective and individualistic truth claims that further oppress and silence certain groups within society without due accountability. The evidence of which is prevalent through the conception of terms such as "alternative facts" and "fake news" that we observe individuals declare when their problematic truth claims are questioned. Considering the pervasiveness of post-truth and the ethical issues that accompany it, educators and scholars alike have increasingly noted the need to adapt educational practices and pedagogies to account for the diminishing objectivity of truth in the twenty-first century, especially because students, as digital natives, find themselves in the firing line of post-truth; engulfed in digital societies that proliferate post-truth through the surge of truth claims allowed in various media sites. In an attempt to equip students with the vital skills to navigate the post-truth age and oppose its proliferation of social injustices, English educators find themselves having to devise instructional strategies that not only teach students the ways they can critically and ethically scrutinise truth claims but also teach them to mediate the subjectivity of truth in a manner that does not undermine the voices of diverse communities. In hopes of providing educators with the roadmap to do so, this paper will first examine the challenges that confront students as a result of post-truth. Following which, the paper will elucidate the role English education can play in helping students overcome the complex ramifications of post-truth. Scholars have consistently touted the affordances of literary texts in providing students with imagined spaces to explore societal issues through a critical discernment of language and an ethical engagement with its narrative developments. Therefore, this paper will explain and demonstrate how literary texts, when used alongside a critical-ethical post-truth pedagogy that equips students with interpretive strategies informed by literary traditions such as literary and ethical criticism, can be effective in helping students develop the pertinent skills to comprehensively examine truth claims and overcome the challenges of the post-truth age.

Keywords: post-truth, pedagogy, ethics, English, education

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317 Overcoming the Challenges of Subjective Truths in the Post-Truth Age Through a Critical-Ethical English Pedagogy

Authors: Farah Vierra

Abstract:

Following the 2016 US presidential election and the advancement of the Brexit referendum, the concept of “post-truth,” defined by the Oxford Dictionary as “relating to or denoting circumstances in which objective facts are less influential in shaping public opinion than appeals to emotion and personal belief,” came into prominent use in public, political and educational circles. What this essentially entails is that in this age, individuals are increasingly confronted with subjective perpetuations of truth in their discourse spheres that are informed by beliefs and opinions as opposed to any form of coherence to the reality of those to who this truth claims concern. In principle, a subjective delineation of truth is progressive and liberating – especially considering its potential to provide marginalised groups in the diverse communities of our globalised world with the voice to articulate truths that are representative of themselves and their experiences. However, any form of human flourishing that seems to be promised here collapses as the tenets of subjective truths initially in place to liberate have been distorted through post-truth to allow individuals to purport selective and individualistic truth claims that further oppress and silence certain groups within society without due accountability. The evidence of this is prevalent through the conception of terms such as "alternative facts" and "fake news" that we observe individuals declare when their problematic truth claims are being questioned. Considering the pervasiveness of post-truth and the ethical issues that accompany it, educators and scholars alike have increasingly noted the need to adapt educational practices and pedagogies to account for the diminishing objectivity of truth in the twenty-first century, especially because students, as digital natives, find themselves in the firing line of post-truth; engulfed in digital societies that proliferate post-truth through the surge of truth claims allowed in various media sites. In an attempt to equip students with the vital skills to navigate the post-truth age and oppose its proliferation of social injustices, English educators find themselves having to contend with a complex question: how can the teaching of English equip students with the ability to critically and ethically scrutinise truth claims whilst also mediating the subjectivity of truth in a manner that does not undermine the voices of diverse communities. In order to address this question, this paper will first examine the challenges that confront students as a result of post-truth. Following this, the paper will elucidate the role English education can play in helping students overcome the complex demands of the post-truth age. Scholars have consistently touted the affordances of literary texts in providing students with imagined spaces to explore societal issues through a critical discernment of language and an ethical engagement with its narrative developments. Therefore, this paper will explain and demonstrate how literary texts, when used alongside a critical-ethical post-truth pedagogy that equips students with interpretive strategies informed by literary traditions such as literary and ethical criticism, can be effective in helping students develop the pertinent skills to comprehensively examine truth claims and overcome the challenges of the post-truth age.

Keywords: post-truth, pedagogy, ethics, english, education

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316 Federal Character Principle and the Challenges of National Integration in Nigeria: A Comparative Analysis of Some Federal Appointments under Jonathan and Buhari Administrations

Authors: Simon O. Obadahun, Samuel Otohinoyi

Abstract:

The Nigerian state is heterogeneous both in character and content. Efforts to manage this diversity has so far not yielded the desired result. This paper examines the Federal Character Principle as one of the instruments intended to manage our obvious diversity such that no part of the country is marginalized or feels marginalized or sidelined. The paper observed that the Federal Character Principle have not achieved its set objectives, which is national unity and loyalty. It draws from secondary sources and discovered that there are factors that make an equitable distribution of public appointments difficult which is beyond the powers of the federal character commission. The major argument of this paper is that if the Federal Character Commission as an organization expected to enforce this principle is not restructured and given more power to sanction individuals and organizations that are found of circumventing the relevant guidelines in this regards, the hope of national unity and loyalty will continue to be a mirage.

Keywords: appointments, federalism, federal character, national integration

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315 Analysis and Suggestion on Patent Protection in Shanghai, China

Authors: Yuhong Niu, Na Li, Chunlin Jin, Hansheng Ding

Abstract:

The study reviewed all types of patents applied by Shanghai health system to analyze how patent development in China from the year of 1990 to 2012. The study used quantitative and comparative analysis to investigate the change and trends of patent numbers, patent types, patent claims, forward citations, patent life, patent transactions, etc. Results reflected an obviously increased numbers of invention patents, applications, and authorizations and short-life patents, but the ratio of invention patents represented an up and down change. Forward citations and transactions ratio always kept at a low level. The results meant that the protection of intellectual property in the Shanghai health sector had made great progress and lots of positive changes due to incentive policies by local government. However, the low-quality patents, at the same time, increased rapidly. Thus, in the future, it is suggested that the quality management should be strengthened, and invents should be estimated before patent application. It is also suggested that the incentives for intellectual property should be optimized to promote the comprehensive improvement of patent quantity and quality.

Keywords: patent claims, forward citations, patent life, patent transactions ratio

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314 Real-World Comparison of Adherence to and Persistence with Dulaglutide and Liraglutide in UAE e-Claims Database

Authors: Ibrahim Turfanda, Soniya Rai, Karan Vadher

Abstract:

Objectives— The study aims to compare real-world adherence to and persistence with dulaglutide and liraglutide in patients with type 2 diabetes (T2D) initiating treatment in UAE. Methods— This was a retrospective, non-interventional study (observation period: 01 March 2017–31 August 2019) using the UAE Dubai e-Claims database. Included: adult patients initiating dulaglutide/liraglutide 01 September 2017–31 August 2018 (index period) with: ≥1 claim for T2D in the 6 months before index date (ID); ≥1 claim for dulaglutide/liraglutide during index period; and continuous medical enrolment for ≥6 months before and ≥12 months after ID. Key endpoints, assessed 3/6/12 months after ID: adherence to treatment (proportion of days covered [PDC; PDC ≥80% considered ‘adherent’], per-group mean±standard deviation [SD] PDC); and persistence (number of continuous therapy days from ID until discontinuation [i.e., >45 days gap] or end of observation period). Patients initiating dulaglutide/liraglutide were propensity score matched (1:1) based on baseline characteristics. Between-group comparison of adherence was analysed using the McNemar test (α=0.025). Persistence was analysed using Kaplan–Meier estimates with log-rank tests (α=0.025) for between-group comparisons. This study presents 12-month outcomes. Results— Following propensity score matching, 263 patients were included in each group. Mean±SD PDC for all patients at 12 months was significantly higher in the dulaglutide versus the liraglutide group (dulaglutide=0.48±0.30, liraglutide=0.39±0.28, p=0.0002). The proportion of adherent patients favored dulaglutide (dulaglutide=20.2%, liraglutide=12.9%, p=0.0302), as did the probability of being adherent to treatment (odds ratio [97.5% CI]: 1.70 [0.99, 2.91]; p=0.03). Proportion of persistent patients also favoured dulaglutide (dulaglutide=15.2%, liraglutide=9.1%, p=0.0528), as did the probability of discontinuing treatment 12 months after ID (p=0.027). Conclusions— Based on the UAE Dubai e-Claims database data, dulaglutide initiators exhibited significantly greater adherence in terms of mean PDC versus liraglutide initiators. The proportion of adherent patients and the probability of being adherent favored the dulaglutide group, as did treatment persistence.

Keywords: adherence, dulaglutide, effectiveness, liraglutide, persistence

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313 Protection of a Doctor’s Reputation Against the Unjustified Medical Malpractice Allegations

Authors: Anna Wszołek

Abstract:

For a very long time, the doctor-patient relationship had a paternalistic character. The events of the II World War, as well as fast development of the biotechnology and medicine caused an important change in that relationship. Human beings and their dignity were put in the centre of philosophical and legal debate. The increasing frequency of clinical trials led to the emergence of bioethics, which dealt with the topic of the possibilities and boundaries of such research in relation to individual’s autonomy. Thus, there was a transformation from a paternalistic relationship to a more collaborative one in which the patient has more room for self-determination. Today, patients are more and more aware of their rights and the obligations placed on doctors and the health care system, which is linked to an increase in medical malpractice claims. Unfortunately, these claims are not always justified. There is a strong concentration around the topic of patient’s good, however, at the other side there are doctors who feel, on the example of Poland, they might be easily accused and sued for medical malpractice even though they fulfilled their duties. Such situation may have a negative impact on the quality of health care services and patient’s interests. This research is going to present doctor’s perspective on the topic of medical malpractice allegations. It is supposed to show possible damage to a doctor’s reputation caused by frivolous and weakly justified medical malpractice accusations, as well as means to protect this reputation.

Keywords: doctor's reputation, medical malpractice, personal rights, unjustified allegations

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312 Identifying Reforms Required in Construction Contracts from Resolved Disputed Cases

Authors: K. C. Iyer, Yogita Manan Bindal, Sumit Kumar Bakshi

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The construction industry is plagued with disputes and litigation in India with many stalled projects seeking dispute resolution. This has an adverse effect on the performance and overall project delivery and impacts future investments within the industry. While construction industry is the major driver of growth, there has not been major reforms in the government construction contracts. The study is aimed at identifying the proactive means of dispute avoidance, focusing on reforms required within the construction contracts, by studying 49 arbitration awards of construction disputes. The claims presented in the awards are aggregated to study the causes linked to the contract document and are referred against the prospective recommendation and practices as surveyed from literature review of research papers. Within contract administration, record keeping has been a major concern as they are required by the parties to substantiate the claims or the counterclaims and therefore are essential in any dispute redressal process. The study also observes that the right judgment is inhibited when the record keeping is improper and due to lack of coherence between documents, the dispute resolution period is also prolonged. The finding of the research will be relevant to industry practitioners in contract drafting with a view to avoid disputes.

Keywords: construction contract, contract administration, contract management, dispute avoidance

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311 Financial Burden of Occupational Slip and Fall Incidences in Taiwan

Authors: Kai Way Li, Lang Gan

Abstract:

Slip &Fall are common in Taiwan. They could result in injuries and even fatalities. Official statistics indicate that more than 15% of all occupational incidences were slip/fall related. All the workers in Taiwan are required by the law to join the worker’s insurance program administered by the Bureau of Labor Insurance (BLI). The BLI is a government agency under the supervision of the Ministry of Labor. Workers claim with the BLI for insurance compensations when they suffer fatalities or injuries at work. Injuries statistics based on worker’s compensation claims were rarely studied. The objective of this study was to quantify the injury statistics and financial cost due to slip-fall incidences based on the BLI compensation records. Compensation records in the BLI during 2007 to 2013 were retrieved. All the original application forms, approval opinions, results for worker’s compensations were in hardcopy and were stored in the BLI warehouses. Xerox copies of the claims, excluding the personal information of the applicants (or the victim if passed away), were obtained. The content in the filing forms were coded in an Excel worksheet for further analyses. Descriptive statistics were performed to analyze the data. There were a total of 35,024 claims including 82 deaths, 878 disabilities, and 34,064 injuries/illnesses which were slip/fall related. It was found that the average losses for the death cases were 40 months. The total dollar amount for these cases paid was 86,913,195 NTD. For the disability cases, the average losses were 367.36 days. The total dollar amount for these cases paid was almost 2.6 times of those for the death cases (233,324,004 NTD). For the injury/illness cases, the average losses for the illness cases were 58.78 days. The total dollar amount for these cases paid was approximately 13 times of those of the death cases (1134,850,821 NTD). For the applicants/victims, 52.3% were males. There were more males than females for the deaths, disability, and injury/illness cases. Most (57.8%) of the female victims were between 45 to 59 years old. Most of the male victims (62.6%) were, on the other hand, between 25 to 39 years old. Most of the victims were in manufacturing industry (26.41%), next the construction industry (22.20%), and next the retail industry (13.69%). For the fatality cases, head injury was the main problem for immediate or eventual death (74.4%). For the disability case, foot (17.46%) and knee (9.05%) injuries were the leading problems. The compensation claims other than fatality and disability were mainly associated with injuries of the foot (18%), hand (12.87%), knee (10.42%), back (8.83%), and shoulder (6.77%). The slip/fall cases studied indicate that the ratios among the death, disability, and injury/illness counts were 1:10:415. The ratios of dollar amount paid by the BLI for the three categories were 1:2.6:13. Such results indicate the significance of slip-fall incidences resulting in different severity. Such information should be incorporated in to slip-fall prevention program in industry.

Keywords: epidemiology, slip and fall, social burden, workers’ compensation

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310 Citizen Becoming: ‘In-between’ State and Tibetan Self-Fashioning (1946- 1986)

Authors: Noel Mariam George

Abstract:

This paper explores the history of Tibetan citizenship, one of the primary non-partition refugee communities, and their negotiation of 'in-betweenness' as a mode of political and legal belonging in India. While South Asian citizenship histories have primarily centered around the 1947 and 1971 Partitions, this paper uncovers an often-overlooked period, spanning the 1950s, 60s, and 70s, when Tibetans began to assert their claims within the Indian state. This paper challenges the conventional teleological narrative of partition by highlighting a distinct period when the Indian state negotiated boundaries of belonging for non-partition refugees differently. It explores how Tibetans occupied an 'in-between' status, existing as both foreigners and potential citizens, thereby complicating the traditional citizen-refugee binary. Moreover, it underscores that citizenship during this era was not solely determined by legal frameworks. Instead, it was a dynamic process shaped by historical contexts, practices, and relationships. Tibetans pursued citizen-like claims through legal battles, lobbying, protests, volunteering, and collective solidarity, revealing citizenship as an 'act' embedded in their daily lives. Tibetan liminality is characterized by their simultaneous maintenance of exile identity and pursuit of citizen-like claims in India. The cautious Indian state, reluctant to label Tibetans as either 'refugees' or 'citizens,' has contributed to this liminal status. This duality has intensified Tibetans' precarity but has also led to creative and transformative practices that have expanded the boundaries of democracy and citizenship in India. Beyond traditional narratives of Indian benevolence, this paper scrutinizes the geopolitical factors driving Indian support for Tibetans. Additionally, it challenges 'common-sensical' narratives by demonstrating how Tibetans strategically navigated Indian citizenship. Using archival sources from the British Library and the National Archives in London and Delhi along with digitized materials, the paper reveals citizenship as a multi-faceted historical process. It examines how Tibetans exercised agency within the Indian state despite their liminal status.

Keywords: citizenship, borderlands, forced displacement, refugees in India

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309 Final Costs of Civil Claims

Authors: Behnam Habibi Dargah

Abstract:

The economics of cost-benefit theory seeks to monitor claims and determine their final price. The cost of litigation is important because it is a measure of the efficiency of the justice system. From an economic point of view, the cost of litigation is considered to be the point of equilibrium of litigation, whereby litigation is regarded as a high-risk investment and is initiated when the costs are less than the probable and expected benefits. Costs are economically separated into private and social costs. Private cost includes material (direct and indirect) and spiritual costs. The social costs of litigation are also subsidized-centric due to the public and governmental nature of litigation and cover both types of bureaucratic bureaucracy and the costs of judicial misconduct. Macroeconomic policy in the economics of justice is the reverse engineering of controlling the social costs of litigation by employing selective litigation and working on the judicial culture to achieve rationality in the monopoly system. Procedures for controlling and managing court costs are also circumscribed to economic patterns in the field. Rational cost allocation model and cost transfer model. The rational allocation model deals with cost-tolerance systems, and the transfer model also considers three models of transferability, including legal, judicial and contractual transferability, which will be described and explored in the present article in a comparative manner.

Keywords: cost of litigation, economics of litigation, private cost, social cost, cost of litigation

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308 Glimpses into the History of Makkah in the Light of Archaeological Finds

Authors: Heba Aboul-Enein

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The blessed Mecca (Makkah) has been attacked as a city without a pre-Islamic history. Many claims have been posited denying the historicity of this holy city, and mythicizing Arabic historical records. Hence, the current paper attempted to shed light on this controversial history of Makkah. To achieve the intended objective, the study recoursed to archaeological, historical, and linguistic evidence, to prove that the holy city existed since the dawn of human history. The data under study include the results of recent excavations; archaeological surveys in Saudi Arabia, academic works of archaeologists, newspaper reports of the latest archaeological discoveries, and the findings of Saudi explorers. In addition, the study examined ancient and contemporary references; western accounts of Makkah, the bible, Jewish, Christian, Islamic, and Arabic references, in an effort to reconcile these texts with the archeological findings. The paper also reviewed the latest results of aerial archeology of the region. The study proved based on archaeological finds, and contrary to fallacious claims, that Makkah is an ancient city that existed and was inhabited by humans in varied historical eras.

Keywords: aerial archaeology, archaeological finds in the Makkan region, archaeological surveys, Western, Jewish and Islamic accounts of Makkah

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307 Modernization from Above: The (re-)Creation of National Identity through Westernization in Mubarak-era Cairo

Authors: Mariam Aref Mahmoud

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A myth surrounding the development of Cairo bases itself in the Fatimid era when the city, as we know it today, was built. Surrounding the city was a wall meant to protect the main center from any possible attack. The effects of global hierarchies of power extend further than labor regulations and trade statistics. Beyond that, they form dialectical oppositions between local and global identities within urban space. As such, those in power often aim to claim national identity as what they perceive to be the most nationally beneficial strategy. These claims over perceptions of national identity take over the streets, the advertisements, and the parks and eventually make their way into the different forms of media. Often, these claims take over the main planning goals of the city. Whether it is through the control over which sounds are allowed to be produced in public space, what type of people are encouraged to enter which spaces, or other forms of performing local and national identity, public space, property, and land have often been used as a method to present to both the public and the global population what people in power wish for these spaces to represent. In Egypt, these developments have been changing since the end of colonial rule. In particular, this paper will analyze how Hosni Mubarak, and to a certain extent Anwar el-Sadat, enacted neoliberal designs dedicated towards modernization in order to present an image of a Cairo that is not uniquely Egyptian but essentially Western cosmopolitan - a Cairo that belongs to a globalized world.

Keywords: Egypt, imperialism, westernization, housing

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306 Impact of Extension Services Pastoralists’ Vulnerability to Climate Change in Northern Guinea Savannah of Nigeria

Authors: Sidiqat A. Aderinoye-Abdulwahab, Lateef L. Adefalu, Jubril O. Animashaun

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Pastoralists in Nigeria are situated in dry regions - where water and pasture for livestock are particularly scarce, as well as areas with poor availability of social amenities and infrastructure. This study therefore explored how extension service could be used to reduce the exposure of nomads to effects of seasonality, climate change, and the poor environmental conditions. The study was carried out in Northern guinea Savannah region of Nigeria because pastoralists have settled there in large numbers due to desertification and low rainfall in the arid regions. A multi-stage sampling procedure was used to arrive at the selection of two states (Kwara and Nassarawa) in the region. A total of 63 respondents were randomly chosen using simple random sampling. Focus group discussions and questionnaire were used to gather information while the data was analysed using content analysis. The facilities required by the sampled households are milking machine, cheese making machine, and preservatives to increase the shelf life of cheese. Whilst, the extension service required are demonstration on cheese making, training and seminars on animal husbandry. Additionally, livestock of pastoralists often encroach on farmers’ plots which usually result in pastoralist-farmer conflicts. The study thus recommends diversification of economic activity from livestock to non-livestock related activities as well as creation of grazing routes to reduce pastoralist/farmer conflict.

Keywords: arid region, coping strategies, livestock, livelihood

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305 Food Effects and Food Choices: Aligning the Two for Better Health

Authors: John Monro, Suman Mishra

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Choosing foods for health benefits requires information that accurately represents the relative effectiveness of foods with respect to specific health end points, or with respect to responses leading to health outcomes. At present consumers must rely on nutrient composition data, and on health claims to guide them to healthy food choices. Nutrient information may be of limited usefulness because it does not reflect the effect of food structure and food component interactions – that is, whole food effects. Health claims demand stringent criteria that exclude most foods, even though most foods have properties through which they may contribute to positive health outcomes in a diet. In this presentation, we show how the functional efficacy of foods may be expressed in the same format as nutrients, with weight units, as virtual food components that allow a nutrition information panel to show not only what a food is, but also what it does. In the presentation, two body responses linked to well-being are considered – glycaemic response and colonic bulk – in order to illustrate the concept. We show how the nutrient information on available carbohydrates and dietary fibre values obtained by food analysis methods fail to provide information of the glycaemic potency or the colonic bulking potential of foods, because of failings in the methods and approach taken to food analysis. It is concluded that a category of food values that represent the functional efficacy of foods is required to accurately guide food choices for health.

Keywords: dietary fibre, glycaemic response, food values, food effects, health

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304 The Mission Slimpossible Program: Dietary and Physical Activity Intervention to Combat Obesity among University Students in UITM Puncak Alam

Authors: Kartini Ilias, Nabilah Md Ahir, Nor Zafirah Ab Rahman, Safiah Md Yusof, Nuri Naqieyah Radzuan, Siti Sabariah Buhari

Abstract:

This study aim to develop and assess the effectiveness of an intervention in improving eating habits and physical activity level of university students of UiTM Puncak Alam. The intervention consists of weekly dietary counselling by registered dietitian and high-intensity interval training (HIIT) for three times per week for the duration of 8 weeks. A total of 25 students from the intervention group and 25 students from control group who had BMI equal to or greater than 25kg/m² participated in the study. The results showed a significant reduction in body weight (3.0 kg), body fat percentage (7.9 %), waist circumference (7.3 cm) and BMI (2.9 kg/m²) between pre and post intervention. Besides, there was a significant increase in the level of physical activity among subjects in intervention group. In conclusion, the intervention made an impact on eating habit, physical activity level and improves weight status of the students. It is expected that the intervention could be adopted and implemented by the government and private sector as well as policy-makers in formulating obesity intervention.

Keywords: obesity, diet, obesity intervention, physical activity

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303 The Limits to Self-Defense Claims in Case of Domestic Violence Homicides

Authors: Maria Elisabete Costa Ferreira

Abstract:

Domestic violence is a serious social issue in which victims are mostly women. Domestic violence develops in cycles, starting with the building of tension, passing through the incident of abuse and ending with reconciliation, also known as honeymoon. As time goes by, the shorter these phases become, and the greater and more severe the attacks, rarely leading to the death of the victim of abuse. Sometimes, the victim stops the abuse by killing the aggressor, usually after the immediate aggression has taken place. This poses an important obstacle to the claim of self-defense by the victim of domestic violence pending trial for the homicide of her long-time abuser. The main problem with self-defense claims in such cases is that the law requires the act of aggression to be present or imminent (imminent threat or immediate danger) so that it permits the victim to take her defense into her own hands. If the episode of aggression has already taken place, this general requirement for the admissibility of self-defense is not satisfied. This paper sheds new light on the concept of the actuality of the aggression, understanding that, since domestic violence is a permanent offense, for as long as the victim stays under the domain of the aggressor, imminent threat will be present, allowing the self-defense claim of a woman who kills her abuser in such circumstances to be admissible. An actualist interpretation of the requirement of the necessity of the means used in self-defense will be satisfied when evaluated from the subjective perspective of the intimate partner victim. Necessity will be satisfied if it is reasonable for the victim to perceive the use of lethal force as the only means to release herself from the abuser.

Keywords: domestic violence, homicide, self-defense, imminent threat, necessity of lethal force

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302 The Ethio-Eritrea Claims Commission on Use of Force: Issue of Self-Defense or Violation of Sovereignty

Authors: Isaias Teklia Berhe

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A decision that deals with international disputes, be it arbitral or judicial, has to properly reflect objectivity and coherence with existing rules of international law. This paper shows the decision of the Ethio-Eritrea Claims Commission on the jus ad bellum case is bereft of objectivity and coherence, which contributed a disservice to international law on many aspects. The Commission’s decision that holds Eritrea in contravention to Art 2(4) of the UN Charter based on Ethiopia’s contention is flawed. It fails to consider: the illegitimacy of an actual authority established over contested territory through hostile acts, the proper determination of effectivites under international law, the sanctity of colonially determined boundaries, Ethiopia’s prior firm political recognition and undergirds to respect colonial boundary, and Ethio-Eritrea Border Commission’s decision. The paper will also argue that the Commission confused Eritrea’s right of self-defense with the rule against the non-use of force to settle territorial disputes; wherefore its decision sanitizes or sterilizes unlawful change of territory resulted through unlawful use of force to the effect of advantaging aggressions. The paper likewise argues that the decision is so sacrilegious that it disregards the ossified legal finality of colonial boundaries. Moreover, its approach toward armed attack does not reflect the peculiarity of the jus ad bellum case rather it brings about definitional uncertainties and sustains the perception that the law on self-defense is unsettled.

Keywords: armed attack, Eritrea, Ethiopia, self-defense, territorial integrity, use of force

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301 Adopting a New Policy in Maritime Law for Protecting Ship Mortgagees Against Maritime Liens

Authors: Mojtaba Eshraghi Arani

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Ship financing is the vital element in the development of shipping industry because while the ship constitutes the owners’ main asset, she is considered a reliable security in the financiers’ viewpoint as well. However, it is most probable that a financier who has accepted a ship as security will face many creditors who are privileged and rank before him for collecting, out of the ship, the money that they are owed. In fact, according to the current rule of maritime law, which was established by “Convention Internationale pour l’Unification de Certaines Règles Relatives aux Privilèges et Hypothèques Maritimes, Brussels, 10 April 1926”, the mortgages, hypotheques, and other charges on vessels rank after several secured claims referred to as “maritime liens”. Such maritime liens are an exhaustive list of claims including but not limited to “expenses incurred in the common interest of the creditors to preserve the vessel or to procure its sale and the distribution of the proceeds of sale”, “tonnage dues, light or harbour dues, and other public taxes and charges of the same character”, “claims arising out of the contract of engagement of the master, crew and other persons hired on board”, “remuneration for assistance and salvage”, “the contribution of the vessel in general average”, “indemnities for collision or other damage caused to works forming part of harbours, docks, etc,” “indemnities for personal injury to passengers or crew or for loss of or damage to cargo”, “claims resulting form contracts entered into or acts done by the master”. The same rule survived with only some minor change in the categories of maritime liens in the substitute conventions 1967 and 1993. The status que in maritime law have always been considered as a major obstacle to the development of shipping market and has inevitably led to increase in the interest rates and other related costs of ship financing. It seems that the national and international policy makers have yet to change their mind being worried about the deviation from the old marine traditions. However, it is crystal clear that the continuation of status que will harm, to a great extent, the shipowners and, consequently, the international merchants as a whole. It is argued in this article that the raison d'être for many categories of maritime liens cease to exist anymore, in view of which, the international community has to recognize only a minimum category of maritime liens which are created in the common interests of all creditors; to this effect, only two category of “compensation due for the salvage of ship” and “extraordinary expenses indispensable for the preservation of the ship” can be declared as taking priority over the mortgagee rights, in anology with the Geneva Convention on the International Recognition of Rights in Aircrafts (1948). A qualitative method with the concept of interpretation of data collection has been used in this manuscript. The source of the data is the analysis of international conventions and domestic laws.

Keywords: ship finance, mortgage, maritime liens, brussels convenion, geneva convention 1948

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300 Building an Absurdist Approach to the Philosophy of Science: Combining Camus and Feyerabend

Authors: Robert Herold

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This project aims to begin building out a new approach within the philosophy of science that is based around a combination of insights from Albert Camus and Paul Feyerabend. This approach is one that will be labeled an absurdist approach as it uses, for its foundation, the philosophy of the absurd as discussed by Camus. While Camus didn’t directly discuss the philosophy of science, nor did he offer his own views on the subject in any substantial way, that doesn’t mean that his work doesn’t have applications within the philosophy of science. In fact, as is argued throughout the piece, much of the work done by Paul Feyerabend stems from a similar metaphysical and epistemological foundation as Camus. This foundation is the notion of the absurd and the inability of us as humans to reach some sort of objective truth. In modern times both Camus and Feyerabend have been largely pushed to the wayside, though Feyerabend has undoubtedly received the most unfair treatment of the two, and this is something that serves to act more as a hindrance than anything else. Much of the claims and arguments made by both Camus and Feyerabend have not been truly refuted and have simply been pushed aside by pointing to supposed contradictions or inconsistencies. However, while it would be a monumental task to attempt to discuss all of this past work, perhaps it might be better to move beyond both Camus and Feyerabend and chart a new path. This is the overall goal of this paper. This research will demonstrate that not only are the philosophies of Camus and Feyerabend surprisingly similar and able to mesh well together, they also are able to form into something that is truly more than the sum of its parts. While the task of actually building out an approach is a monumental undertaking, the plan is to use this project as a jumping-off point. As such, this paper will start by examining some of the main claims made by both Camus and Feyerabend. Once this is done, then begin weaving them together and demonstrating where the links between the philosophies of both are. Then this study will end by building out the very begging foundations of the absurdist approach to the philosophy of science.

Keywords: philosophy, philosophy of science, albert camus, paul feyerabend

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299 Data Protection, Data Privacy, Research Ethics in Policy Process Towards Effective Urban Planning Practice for Smart Cities

Authors: Eugenio Ferrer Santiago

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The growing complexities of the modern world on high-end gadgets, software applications, scams, identity theft, and Artificial Intelligence (AI) make the “uninformed” the weak and vulnerable to be victims of cybercrimes. Artificial Intelligence is not a new thing in our daily lives; the principles of database management, logical programming, and garbage in and garbage out are all connected to AI. The Philippines had in place legal safeguards against the abuse of cyberspace, but self-regulation of key industry players and self-protection by individuals are primordial to attain the success of these initiatives. Data protection, Data Privacy, and Research Ethics must work hand in hand during the policy process in the course of urban planning practice in different environments. This paper focuses on the interconnection of data protection, data privacy, and research ethics in coming up with clear-cut policies against perpetrators in the urban planning professional practice relevant in sustainable communities and smart cities. This paper shall use expository methodology under qualitative research using secondary data from related literature, interviews/blogs, and the World Wide Web resources. The claims and recommendations of this paper will help policymakers and implementers in the policy cycle. This paper shall contribute to the body of knowledge as a simple treatise and communication channel to the reading community and future researchers to validate the claims and start an intellectual discourse for better knowledge generation for the good of all in the near future.

Keywords: data privacy, data protection, urban planning, research ethics

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298 An Assessment of Housing Affordability and Safety Measures in the Varied Residential Area of Lagos, A Case Study of the Amuwo-Odofin Local Government Area in Lagos State

Authors: Jubril Olatunbosun Akinde

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Unplanned population growth are mostly attributed to a lack of infrastructural facilities and poor economic condition in the rural dwellings and the incidence of rural-urban migration, which has resulted in severe housing deficiency in the urban centre, with a resultant pressure on housing delivery in the cities. Affordable housing does not only encompass environmental factors that make living acceptable and comfortable, which include good access routes, ventilation, sanitation and access to other basic human needs, which include water and safety. The research assessed the housing affordability and safety measures in the varied residential area of lagos by examining the demographic and socioeconomic attributes of residents; examining the existing residential safety measures; by examining the residential quality in terms of safety; the researcher therefore examined if relationship between housing affordability and safety in the varied residential areas. The research adopted the bartlett, kotrlik and higgins (2001) method of t-test to determine the sample size which specifies different populations at different levels of significance (α). The researcher adopted primary data which was sourced from a field survey where the sample population was simply randomly selected to give a member of the population an equal chance of being selected, therefore, the sample size for the field survey was two hundred (200) respondents, and subjected to necessary testing. The research come to conclusion that housing safety and security is the responsibility of every resident, the landlords/landladies possess a better sense of security in their neighbourhood than renters in the community, therefore they need to be aware of their responsibility of ensuring the safety of lives and property.

Keywords: housing, housing affordability, housing security, residential, residential quality

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297 Assessment of Print Media Contribution to the Political Development of Nigeria

Authors: Majority Oji

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The print media played a major role in the agitation for self-rule in Nigeria in the 1950s. It remains as a bastion of hope in the dark days of military rule in the country. But in the troubled waters of Nigeria’s politics, accusing fingers are pointed in the direction of the print media as problematic to the political development of the nation. Thus, Nigeria as a nation is torn between the paralyzing forces of political instability and the building powers of political stability. The press assigned a constitutional role to hold everyone, especially government officials accountable to the public, appears to be at the center of these forays. The paper takes a look at the strength and weakness of the print media as a stabilizing or destabilizing agent to the political development of Nigeria. Engaging in this study is essential and the findings fundamental to the sustainability of Nigeria’s nascent democracy. The study draws on the content analysis method. News items from major newspapers across the country were content analyzed to test the validity of the claims that the press serve as agent of political stability or political instability, and whether to accept or reject such claims. The study found that the press has published more stories that unite the people politically as found in the tested hypothesis which shows that P>0.05 implying that media publications are not significant to political instability of the nation regardless of the number of published news stories. The study recommends that all issues relating to professional and ethical standards that affect the practice of journalism in the print media should be addressed by regulatory bodies to starve of chances of information that could lead to intolerance being peddled in the print media.

Keywords: Nigeria, political instability, political stability, print media

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296 'Antibody Exception' under Dispute and Waning Usage: Potential Influence on Patenting Antibodies

Authors: Xiangjun Kong, Dongning Yao, Yuanjia Hu

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Therapeutic antibodies have become the most valuable and successful class of biopharmaceutical drugs, with a huge market potential and therapeutic advantages. Antibody patents are, accordingly, extremely important. As the technological limitation of the early stage of this field, the U. S. Patent and Trademark Offices (USPTO) have issued guidelines that suggest an exception for patents claiming a genus of antibodies that bind to a novel antigen, even in the absence of any experimental antibody production. This 'antibody exception' allowed for a broad scope on antibody claims, and led a global trend to patent antibodies without antibodies. Disputes around the pertinent patentability and written description issues remain particularly intense. Yet the validity of such patents had not been overtly challenged until Centocor v. Abbott, which restricted the broad scope of antibody patents and hit the brakes on the 'antibody exception'. The courts tend to uphold the requirement for adequate description of antibodies in the patent specifications, to avoid overreaching antibody claims. Patents following the 'antibody exception' are at risk of being found invalid for inadequately describing what they have claimed. However, the relation between the court and USPTO guidelines remains obscure, and the waning of the 'antibody exception' has led to further disputes around antibody patents. This uncertainty clearly affects patent applications, antibody innovations, and even relevant business performance. This study will give an overview of the emergence, debate, and waning usage of the 'antibody exception' in a number of enlightening cases, attempting to understand the specific concerns and the potential influence of antibody patents. We will then provide some possible strategies for antibody patenting, under the current considerations on the 'antibody exception'.

Keywords: antibody exception, antibody patent, USPTO (U. S. Patent and Trademark Offices) guidelines, written description requirement

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295 Assessment and Evaluation of Traffic Noise in Selected Government Healthcare Facilities at Birnin Kebbi, Kebbi State-Nigeria

Authors: Muhammad Naziru Yahaya, Buhari Samaila, Nasiru Abubakar

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Noise pollution caused by vehicular movement in urban cities has reached alarming proportions due to continuous increases in vehicles and industrialization. Traffic noise causes deafness, annoyance, and other health challenges. According to World Health Organization recommends 60Db daytime sound levels and 40db night time sound levels in hospitals, schools, and other residential areas. Measurements of traffic noise were taken at six different locations of selected healthcare facilities at Birnin Kebbi (Sir Yahaya Memorial Hospital and Federal Medical Centre Birnin Kebbi). The data was collected in the vicinity of hospitals using the slow setting of the device and pointed at noise sources. An integrated multifunctional sound level GM1352, KK2821163 model, was used for measuring the emitted noise and temperatures. The data was measured and recorded at three different periods of the day 8 am – 12 pm, 3 pm – 6 pm, and 6 pm – 8:30 pm, respectively. The results show that a fair traffic flow producing an average sound level in the order of 38db – 64db was recorded at GOPDF, amenityF, and ante-natalF. Similarly, high traffic noise was observed at GOPDS, amenityS, and Fati-LamiS in the order of 52db – 78db unsatisfactory threshold for human hearing.

Keywords: amenities, healthcare, noise, hospital, traffic

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294 Influence of Online Media on Governance in Nigeria: The United States-Based Sahara Reporters as a Case Study

Authors: Sheriff Folarin, Oluwafunke Folarin, Hadassah Hussaini, Victor Jubril, Olaniyi Ayodele

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Using a famous, unrestrained and fiery United States-based, Nigerian-owned Sahara Reporters as a case study, this paper examined the impact of online-based media on governance in Nigeria. The discourse is premised on the thesis that the internet has changed the face of journalism and that the mainstream but online-based media have made journalism more participatory than ever. Everyone who has something to say finds it easy to say it quickly and conveniently, unhinged or without being censored. This has made online journalism very popular and the number of online-based news platforms to be on the increase. As these platforms have given the citizens a means to interact and added to the content of the news, they have also succeeded in promoting partisanship. It thus becomes necessary to study the impact of the rabid news platform, Sahara Reporters, on governance in Africa’s biggest democracy, Nigeria. Few studies have examined the impact on governance of mainstream-online media platforms and those studies that did, have only focused on social media, such as Facebook and Twitter. This paper is a product of a bigger study, in which the research design entailed semi-structured interviews with participants from different sectors of the society and an analysis of contents from the Sahara Reporters website, from which data were collected. The findings revealed that through uncensored reporting and citizen participation on the platform of Sahara Reporters, there had been a significant people influence on governance in Nigeria, with government at two levels (national and state) sometimes shifting or yielding grounds, particularly from 2011-2016. The study also recognized the presence of counter-forces in the online community who want to discredit the information on the site. Through the lens of media dependency theory, the study concluded that the public now increasingly depends on online news media for information and the more news these media provide, the more the people depend on it, making it easy for them to influence governance.

Keywords: governance, media, online news, Sahara reporters

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293 The One, the Many, and the Doctrine of Divine Simplicity: Variations on Simplicity in Essentialist and Existentialist Metaphysics

Authors: Mark Wiebe

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One of the tasks contemporary analytic philosophers have focused on (e.g., Wolterstorff, Alston, Plantinga, Hasker, and Crisp) is the analysis of certain medieval metaphysical frameworks. This growing body of scholarship has helped clarify and prevent distorted readings of medieval and ancient writers. However, as scholars like Dolezal, Duby, and Brower have pointed out, these analyses have been incomplete or inaccurate in some instances, e.g., with regard to analogical speech or the doctrine of divine simplicity (DDS). Additionally, contributors to this work frequently express opposing claims or fail to note substantial differences between ancient and medieval thinkers. This is the case regarding the comparison between Thomas Aquinas and others. Anton Pegis and Étienne Gilson have argued along this line that Thomas’ metaphysical framework represents a fundamental shift. Gilson describes Thomas’ metaphysics as a turn from a form of “essentialism” to “existentialism.” One should argue that this shift distinguishes Thomas from many Analytic philosophers as well as from other classical defenders of the DDS. Moreover, many of the objections Analytic Philosophers make against Thomas presume the same metaphysical principles undergirding the above-mentioned form of essentialism. This weakens their force against Thomas’ positions. In order to demonstrate these claims, it will be helpful to consider Thomas’ metaphysical outlook alongside that of two other prominent figures: Augustine and Ockham. One area of their thinking which brings their differences to the surface has to do with how each relates to Platonic and Neo-Platonic thought. More specifically, it is illuminating to consider whether and how each distinguishes or conceives essence and existence. It is also useful to see how each approaches the Platonic conflicts between essence and individuality, unity and intelligibility. In both of these areas, Thomas stands out from Augustine and Ockham. Although Augustine and Ockham diverge in many ways, both ultimately identify being with particularity and pit particularity against both unity and intelligibility. Contrastingly, Thomas argues that being is distinct from and prior to essence. Being (i.e., Being in itself) rather than essence or form must therefore serve as the ground and ultimate principle for the existence of everything in which being and essence are distinct. Additionally, since change, movement, and addition improve and give definition to finite being, multitude and distinction are, therefore, principles of being rather than non-being. Consequently, each creature imitates and participates in God’s perfect Being in its own way; the perfection of each genus exists pre-eminently in God without being at odds with God’s simplicity, God has knowledge, power, and will, and these and the many other terms assigned to God refer truly to the being of God without being either meaningless or synonymous. The existentialist outlook at work in these claims distinguishes Thomas in a noteworthy way from his contemporaries and predecessors as much as it does from many of the analytic philosophers who have objected to his thought. This suggests that at least these kinds of objections do not apply to Thomas’ thought.

Keywords: theology, philosophy of religion, metaphysics, philosophy

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292 Epistemology in African Philosophy: A Critique of African Concept of Knowledge

Authors: Ovett Nwosimiri

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African tradition and what it entails are the content of African concepts of knowledge. The study of African concepts of knowledge is also known as African epistemology. In other words, African epistemology is a branch of African philosophy that deals with knowledge. This branch of African philosophy engages with the nature and concept of knowledge, the ways in which knowledge can be gained, the ways in which one can justify an epistemic claim or validate a knowledge claim and the limit of human knowledge, etc. The protagonists of African epistemology based their argument for a distinctive or unique African epistemology on the premise or proposition “that each race is endowed with a distinctive nature and embodies in its civilization a particular spirit”. All human beings share some certain basic values and perceptions irrespective of where you come from, and this idea actually fosters some forms of interaction between people from different nationality. Africans like other people share in some certain values, perceptions, and interaction with the rest of the world. These basic values, perceptions, and interaction that Africans share with the rest of the word prompted African people to attempt to “modernize” their societies or develop some forms of their tradition in harmony with the ethos of the contemporary world. Based on the above ideas, it would be interesting to investigate if such (African) epistemology is still unique. The advocates of African epistemology focus on the externalist notion of justification and neglect the idea that both the internalist and externalist notion of justification are needed in order to arrive at a coherent and well-founded account of epistemic justification. Thus, this paper will critically examine the claims that there is a unique African epistemology (a mode of knowing that is peculiar to Africans, and that African mode of knowing is social, monism and situated notion of knowledge), and the grounds for justifying beliefs and epistemic claims.

Keywords: internalist, externalist, knowledge, justification

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