scholarly journals JUDGING RELIGION AND JUDGES' RELIGIONS

2018 ◽  
Vol 33 (1) ◽  
pp. 42-60 ◽  
Author(s):  
Howard Kislowicz
Keyword(s):  
Decision Making ◽  
Religious Freedom ◽  
Empirical Support ◽  
Case Law ◽  
Liberal Democracies ◽  
Cultural Worldview ◽  
Religious Text ◽  
American Case ◽  
Legal Subjects ◽  
The Impact

AbstractIn liberal democracies with religiously diverse populations, it would be surprising and troubling if a judge relied on a religious text or precept to resolve a legal dispute. It would deeply offend principles of religious freedom if individuals were bound by judicial pronouncement to obey the dictates of a faith they do not share. However, some commentators have long claimed that a person's cultural worldview has an impact on the way they interpret laws and facts, and there is some empirical support for this claim. There is thus reason to expect that judges’ worldviews have some effect on their decision-making. I argue that when judges deliberately avoid engaging with their own moral perspectives, they may mask to themselves the impact that such perspectives have on their decisions. The alternative of explicit reference to religious sources in judicial decisions, however, is too problematic for the religious freedom of legal subjects. I argue that judges should instead endeavor to be conscious of the influence their backgrounds have on their decision-making, but suggest that judicial institutions may be resistant to adopting practices that would support such an approach. The article draws on Canadian and American case law to demonstrate its argument but has wider applicability to liberal states.

The Impact of Non-Roman Catholic Observers at Vatican II

Ecclesiology ◽  
2014 ◽  
Vol 10 (3) ◽  
pp. 293-312
Author(s):  
Donald W. Norwood
Keyword(s):  
Decision Making ◽  
Vatican Ii ◽  
Religious Freedom ◽  
Roman Catholic ◽  
Karl Barth ◽  
Considerable Influence ◽  
Church Unity ◽  
The Impact ◽  
The Church ◽  
Domestic Affair

Not all accounts of Vatican II, 1962–65, recognize that the 200 carefully selected non-Roman Catholic Observers had a considerable influence on the Council and on its major documents about the Church, Church unity, liturgy, the Jews and religious freedom. Their impact is assessed both by Roman Catholic theologians like Congar and Willebrands and Observers such as Bishop Moorman and Robert McAfee Brown together with comments Karl Barth later made on some of the documents in his discussions with Pope Paul VI and others, including Ratzinger and Rahner in Rome. An attempt is made to explain how the Observers had the influence they did. One conclusion is that they helped the Council evolve from what could have been a purely domestic affair and a rubber-stamping exercise dealing with 70 documents, already prepared by the Curia, and Commissioners appointed by the Pope, into a genuinely ecumenical, deliberative, debating and decision-making council of the worldwide Church.

Contract design and supplier performance: an empirical investigation using multi-criteria, decision analysis

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Ilias Vlachos
Keyword(s):  
Decision Making ◽  
Negative Impact ◽  
Empirical Support ◽  
Contract Design ◽  
Complex Environments ◽  
Structured Interviews ◽  
Content Type ◽  
Supplier Performance ◽  
Analytical Tools ◽  
The Impact

PurposeThis study aims to investigate how contract design influences supplier performance. This study synthesises three theoretical views (efficiency, relational, contingency) and provides empirical support on how effective contract design improves supplier performance.Design/methodology/approachThis study reviewed contract design literature and uncovered 18 factors that may impact supplier performance. Multi-criteria, decision-making analysis examined the impact of contract factors on three supplier groups: average-, over- and under-performers. Procurement experts working with a large multinational company dealing with hundreds of procuring contracts, yearly, provided their judgement on the impact of these factors on supplier performance. Semi-structured interviews with experts and other evidence were used for data and method triangulation.FindingsResults show that contracting with under- and over- performers presents significant differences: in the case of over-performers, contracts have a dual, yet discrete, efficiency and relational role: at transaction level, they emphasise formality, protect from opportunism and include both liquidated damages and legal action clauses. At relational level, they focus on relational learning and incentivising suppliers. However, in the case of under-performers, contracts appear to focus on contingency factors, which can be a source of ambiguity, particularly in complex environments, and trust, which has a negative impact on supplier performance.Social implicationsImproving contract design can help reduce partner opportunism, reduce inter-firm conflicts and avoid disputes that can bear a social cost. This study demonstrates that companies can use advanced analytical tools to reflect upon their own decision-making process of contact design in making transparent supplier performance assessments.Originality/valueTo the author’s knowledge, this is the first study using decision-making techniques to enhance supplier performance by improving the contract design process.

scholarly journals The Right of Religious Freedom in Light of the Coronavirus Pandemic: The Greek Case

Laws ◽  
2021 ◽  
Vol 10 (1) ◽  
pp. 14
Author(s):  
George Androutsopoulos
Keyword(s):  
Religious Freedom ◽  
Epidemiological Data ◽  
Case Law ◽  
Fundamental Rights ◽  
Short Term ◽  
Principle Of Proportionality ◽  
The Right ◽  
Restrictive Measures ◽  
The Impact ◽  
Case Basis

The purpose of this article is to take into consideration the impact of unprecedented restrictions due to COVID-19 on the exercise of religious freedom according to the Greek legislation and case-law. The crucial fact to be examined is the proportionality of the exceptional measures of the Greek State. At the beginning of the pandemic, religious ceremonies were allowed only in the presence of clerics, but nowadays they are permitted on the condition that the measures of “social distancing” are being followed strictly. As it is generally accepted, the Greek State managed to deal with the pandemic without deviations from constitutional order and protection of fundamental rights, in accordance with a “pressing social need”. In this context, the case-law of the Greek courts is of great importance, which ruled that the above mentioned restrictions did not offend the principle of proportionality, especially because of their temporary and short-term character. Nevertheless, these restrictive measures must be revised from time to time, considering the updated, epidemiological data in order to be selected the most appropriate and less stringent on a case-by-case basis. Consequently, these judgments do not give government a blank cheque regarding the management of the pandemic, but rather provide them with a clear framework which is able to guarantee the measures’ accordance with the Greek Constitution. However, the potential risk that people may become used to the restrictions imposed after the crisis has passed must not be overlooked.

Conclusion

2018 ◽  
Author(s):  
Susanne K. Schmidt
Keyword(s):  
Decision Making ◽  
European Integration ◽  
Case Law ◽  
Member States ◽  
International Courts ◽  
Political Actors ◽  
Time Perspectives ◽  
The Impact ◽  
Normative Perspective

Chapter 8 concludes with a summary of the book’s findings on whether the ECJ is activist. The impact of the ECJ does not require permanent activism, but rather the Court’s significance is tied to the constitutional nature of its case law. Incremental developments of a constitution have huge implications—those rulings that are deferential to member states cannot offset this importance. Because of the different time perspectives of judicial and political actors, the impact of case law is generally overlooked, as a result of its incremental nature. From a normative perspective, the ECJ’s impact on policy not only leads to further negative integration, but it also withdraws options from majoritarian decision-making. What can be learnt that can be applied to the study of international courts? The chapter closes with a few remarks on where European integration research should go from here.

scholarly journals Selectivity in Fiscal Aids: Recent Developments

2018 ◽  
Vol 11 (17) ◽  
pp. 113-129
Author(s):  
Gabriella Perotto
Keyword(s):  
Decision Making ◽  
Case Law ◽  
National Integration ◽  
Direct Taxation ◽  
Recent Developments ◽  
Free Case ◽  
National Tax ◽  
The Impact ◽  
The Relationship ◽  
The Eu

The notion of fiscal aid is becoming crucial in determining the relationship between supra-national integration and national tax sovereignty; the selectivity criterion is often key in the assessment of compatibility of fiscal measures with Article 107(1) TFEU. Therefore, the notion of selectivity as defined by the recent case-law of the CJEU and decision-making practice of the Commission is fundamental in order to understand the actual allocation of powers in direct taxation matters. Against this backdrop, the aim of the present article is to establish what the current notion of selectivity is in fiscal aids, assessing whether the approach used by the CJEU and the Commission share common patterns, and evaluating the impact of such interpretation on the division of competences within the EU. In particular, this article offers a critical reading of the recent European Commission v. World Duty Free case and of the so-called Tax Rulings Decisions.

Quota Women Are Threatening to Men

2017 ◽  
Vol 76 (3) ◽  
pp. 107-116 ◽  
Author(s):  
Klea Faniko ◽  
Till Burckhardt ◽  
Oriane Sarrasin ◽  
Fabio Lorenzi-Cioldi ◽  
Siri Øyslebø Sørensen ◽  
...  
Keyword(s):  
Decision Making ◽  
Organizational Performance ◽  
Gender Stereotypes ◽  
Perceived Threat ◽  
Preferential Treatment ◽  
Public Sector Employees ◽  
Different Types ◽  
Low Levels ◽  
Women In Decision Making ◽  
The Impact

Abstract. Two studies carried out among Albanian public-sector employees examined the impact of different types of affirmative action policies (AAPs) on (counter)stereotypical perceptions of women in decision-making positions. Study 1 (N = 178) revealed that participants – especially women – perceived women in decision-making positions as more masculine (i.e., agentic) than feminine (i.e., communal). Study 2 (N = 239) showed that different types of AA had different effects on the attribution of gender stereotypes to AAP beneficiaries: Women benefiting from a quota policy were perceived as being more communal than agentic, while those benefiting from weak preferential treatment were perceived as being more agentic than communal. Furthermore, we examined how the belief that AAPs threaten men’s access to decision-making positions influenced the attribution of these traits to AAP beneficiaries. The results showed that men who reported high levels of perceived threat, as compared to men who reported low levels of perceived threat, attributed more communal than agentic traits to the beneficiaries of quotas. These findings suggest that AAPs may have created a backlash against its beneficiaries by emphasizing gender-stereotypical or counterstereotypical traits. Thus, the framing of AAPs, for instance, as a matter of enhancing organizational performance, in the process of policy making and implementation, may be a crucial tool to countering potential backlash.

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