Magister Legum - LLM / The new Kenyan constitution has introduced an immediate monist approach of implementing international legal standards. Accordingly, the transformation from dual to monism will necessitate a discussion of theories of incorporation of international instruments into national laws. This will set the basis of what method Kenya should follow. This paper attempts to address potential procedural problems with implementing the Rome Statute in a new monist Kenya and will argue that as a precautionary measure during the country’s transition any deviation, by the court, from national law will require articulation and justification under an international framework. It will include a review of the Kenyan International Crimes Act 2003 (ICA) and its adoption into the domestic law of Kenya. It will also include examination of previous situations where domestic courts have applied international law standards in domestic trials before and after the monist Constitution of 2010. This paper aims at assessing the key challenges to the effective implementation of the Rome Statute in Kenya both objectively and substantively. It examines the challenges facing the Kenyan courts in relation to the exercise of universal jurisdiction and the criminalization of international crimes. It will seek to point out the weaknesses and conflict between the Kenyan constitution, The International Crimes Act and the Rome Statute. The ICA was silent on some aspects of the Rome Statute and the paper will attempt to discuss these issues and what they portend in the implementation of the Rome statute in monism. It will also discuss the effect of the new constitution on the practical operation of the Rome Statue. The operational capacity of institutions mandated with practical implementation of the Rome Statute will be examined. It will further seek to ascertain whether the laws and policies reflect Kenya’s commitment to international criminal justice. By way of conclusion, the paper will create a possible inventory of issues, which might arise in Kenya’s prosecution of International crimes under the Rome Statute, and suggestions on how such issues could best be addressed.

‘The non-dialectical mean between which extremes are suspended constitutes something like an interface, which is the condition of the possibility and impossibility of seemingly seamless systems and structures. When radically conceived, this interface extends beyond every margin of difference to ‘contaminate’ opposites that once seemed fixed.’ (Taylor 1997: 269) The site is positioned at the juxtaposition of: poor opposite rich, inviting opposite closed, dense urban fabric opposite sprawling suburban, exclusive opposite inclusive. Therefore the question arise: when dealing with an island placed amidst these contradictions, how do you include and acknowledge all? By providing for the one inevitably leads to the exclusion of the other, yet again reinforcing the legacy apartheid left South African urban environments. Therefore, the search for the INbetween informs the merging of these realms by means of a public park and recreational youth facility at the juxtaposition of these contrasting realms. The merge creates a dynamic tension between public / private, rich / poor, active / contemplative, movement / rest and inside / outside which informs the design philosophy. The architecture investigates the fading of boundaries. The design problem is a youth facility with recreational, educational and counselling functions, for youth living within the inner city area of Hillbrow, Houghton, Berea and Parktown. It is part of the City of Johannesburg’s Child Friendly City Initiative (CFCI) and will be managed by Non Governmental Organisations (NGO) operating in the area. Therefore, the centre will be a facility of which youth can take ownership of. A platform for ‘accidental’ interaction between the people from these different communities. The centre needs to provide opportunities and facilities that would entice, intrigue and motivate in order to resist the attraction of street life and drugs, through the provision of recreational activities, entertainment, educational facilities in the form of skills and entrepreneurial training, counseling and medical assistance. / Dissertation (MArch(Prof))--University of Pretoria, 2007. / Architecture / unrestricted

This thesis argues that the human mind recognizes within the natural world a dimension of reality that is beyond its knowledge and understanding. Nature confronts it with an ineffable power the source of which is often sensed as a numinous presence. But the divine manifested by nature also assumes the qualities exhibited by nature, and this implies beauty as well as terror. Indeed, in the literature considered in this study duality can be seen to constitute a mark of the divine. To accept the dual forces of nature as a whole, both the beauty and the terror, light and dark, as a unity, one needs the vision of the Romantic Child. The Child of Romantic conception is able to accept the dynamics of the dual forces, because he has the ability to wonder; he has not been sundered from his natural environment like modern man. The realm of Romantic Childhood is seen as a timeless place where the Child experiences a profound communion with nature. Ever since the industrial revolution this place has become a repository of ideas, tradition and literature discarded by a technologically advancing civilization that scorns the link with the past and with nature, which is in the custody of the poet, the true hero, and the Romantic Child. For this reason, the ideas germane to this study are significantly represented in works of so-called 'children's literature'. The duality of the divine is explored within various contexts - as manifested in the natures of god and goddess figures, the cycles of life and death, the dual conceptions of the man-centred pastoral garden and the god-centred wilderness, or the mind of the cultural other. From a wide array of sources, dating from different periods of time and written by authors of divergent backgrounds and stances, a seemingly unified and coherent body of Romantic teaching emerges. These sources include works by P.L. Travers, c.s. Lewis, Walter de la Mare, Richard Adams and Jamake Highwater. The coherence of their teaching attests to the poetical validity of their timeless archetypal thoughts. / Dissertation (MA (English))--University of Pretoria, 2007. / Modern European Languages / unrestricted

People of Color (POC) and Lesbian, Gay, Bisexual, Transgender, or Queer (LGBTQ) people have experienced disembodiment due to the Christian dualism in the white Evangelical Protestant (WEP) church and its liturgies. The project first analyzes how this Christian dualism interacts with white supremacy and homophobia within the Sunday liturgy. Then, the project describes how disembodied liturgies significantly harm POC and LGBTQ people. As a response, a theology of embodiment can bring healing to POC and LGBTQ people by implementing embodied liturgies at Table San Diego, a multiracial, LGBTQ-affirming congregation attempting to integrate the Christian faith with the physical body, the lived experience, and social contexts. Addressing the racial, gendered, sexual, and classed experiences of the congregation across various social, political, economic, and religious climates requires a reimagination of the Sunday liturgy as an embodied experience. Liturgical research is drawn from the Black Spirituals, the Gay Liberation Movement, and Asian-American liturgies.

The mind as it is found in Aristotle's great work De Anima is a special capacity of the soul. It has both active and passive properties that work together to allow discursive thinking and moral ethical behavior to emerge. This work will look at Aristotle's philosophy of mind, and I will forward a new interpretation of the mind as he understood it: what I call the active and passive mind property dualism. Aristotle's four causes allow for a unique application of a form of dualism that accounts for the ontological status of the mind and the emergence of rational thinking. The importance of potentiality and actuality in Aristotle's metaphysics gives a different sort of formulation of the mind-body problem than is traditionally understood in the philosophy of mind. The first section of this paper will look at the terms used, especially actuality and potentiality. A comparison to Plato's tripartite soul will be given. Next, Aristotle's different kinds of soul and their varied capacities will be explored. Finally, the active mind will be explained as it appears in Book III, chapter 5.

The idea that free will may be an illusion has been a source of great concern. It has led to suggestions that it may be wise to avoid public discussion of this topic lest it lead to a general moral decay. This concern has seemingly been supported by research demonstrating that individuals, when primed with the notion they lack free will, tend to cheat more and prefer less retributive punishment. The current research suggests that these effects can be moderated by the introduction of a second prime. In experiment one, participants believed they were being tested on note-taking and the subsequent recall of the content of two articles when, in fact, the dependent measure was actually the degree to which, after being primed with the articles, they cheated on a math task. It was hypothesized that the cheating effect noted in prior research would be moderated by the introduction of a second prime – one that extends the concept of self beyond our dualistic intuitions. In a second experiment, it was hypothesized that this prime would also moderate the reported reduction of preference toward retributivist punishment. In each experiment, the results trended in the direction hypothesized but in neither case were they statistically significant. The difficulties surrounding methodology and reproducibility in this type of research is discussed and suggestions for improvements in experiment design are offered.

The gig economy has rapidly become something of a phenomenon in the digital economy today. New firms are quickly being added to this digital market ecosphere and the business model has garnered the attention of the business and investor communities as a new organizational alternative to standard hierarchies. However this new business model also poses substantial problems for its workers, who as independent contractors are not afforded the benefits or rights of the welfare state that are granted to employees. As the gig economy continues to achieve financial success and holds a more prominent place in our labor force, the precarious state of gig labor is becoming an increasingly political problem. This thesis explores the present state of labor in the gig economy by situating it within the context of welfare state scholarship. I examine how the inner mechanics of the gig economy operate, as well as examine the structures of the American welfare state that create this dualist divide between contractors and employees. I argue that welfare state scholarship demonstrates a path by which gig laborers and gig firms can form cross class alliances that can help develop new welfare state policies to improve gig worker conditions and be supported by gig firms themselves. / Master of Arts / The gig economy has rapidly become something of a phenomenon in the digital economy today. New firms are quickly being added to this digital market ecosphere and the business model has garnered the attention of the business and investor communities as a new organizational alternative to standard hierarchies. However this new business model also poses substantial problems for its workers, who as independent contractors are not afforded the benefits or rights of the welfare state that are granted to employees. As the gig economy continues to achieve financial success and holds a more prominent place in our labor force, the precarious state of gig labor is becoming an increasingly political problem. This thesis explores the present state of labor in the gig economy by situating it within the context of welfare state scholarship. I examine how the inner mechanics of the gig economy operate, as well as examine the structures of the American welfare state that create this dualist divide between contractors and employees. I argue that welfare state scholarship demonstrates a path by which gig laborers and gig firms can form cross class alliances that can help develop new welfare state policies to improve gig worker conditions and be supported by gig firms themselves.

No / The prime concern by the Nigerian state in the management of the oil conflicts in the Niger Delta has been to maximise oil revenues. What is probably most confounding about this strategy is the evolving tendency to twist and treat every conflict in the Niger Delta, including some episodic 'epi-oil' conflicts abetted or orchestrated by the state itself, as oil conflicts. In other words, there is a tendency on the part of the state to wittingly 'oilify' some apparently extra-oil conflicts. Compared to other regimes before it, the present civilian administration has probably contributed most to the fast-tracking of this evolving phenomenon. This article unravels and analyses the evolving politics of oilification of extra-oil conflicts in the Niger Delta, its underlying rationale and consequences. Oilification, as the study demonstrates, is yet another in the series of dangerous contradictions engendered by the Nigerian state. How this and other dangerous contradictions could possibly be solved is a research conundrum for the relevant cognoscenti of state-society relations and conflicts in Nigeria. But would the Nigerian state take on board any useful and promising solutions materialising from such studies? This is most unlikely in the present conjuncture given the prevailing configuration of interests in the state.

In this project, I advocate for what I call “embodied imagination” and an entangled multiplicity in lieu of binary oppositions through embodiment. This is not merely about the body; embodiment includes the mind, spirit, and other factors such as intersubjectivity, spatiotemporality, difference, and repetition—all in co-dependent and co-emergent relation. The history of Cartesian dualism and Western metaphysics looms large, and my argument stems from an alternative reading of what is possible for human life through acknowledgment of the multifaceted role of embodiment. To make sense of claims that can seem rather abstract, I ground my arguments and sources in examples and connections within the martial art of karate. More specifically, I most often reference kata, which are series of techniques taught in sequences from teacher to student and performed against imaginary opponents. The practice and performance of embodiment manifest through movement practices like martial arts; practitioners imagine virtual possibilities and execute actual decisions in creative modes. In creating and performing a kata that aligns with the themes of each chapter, I highlight this process of experimentation and exploration as a way to interrogate binary sets such as the mind/body and the real/virtual. In so doing, this project raises prescient questions about human being—what it means to be human, and, through embodied imagination, what we have the potential to become.

No / This article explores the `lifeworld theories¿ of organizations held by organizational actors, gathered from staff and managers of two `organizations¿ as they went through a process of merger. Using Henri Lefebvre¿s theories of place and space read through a postmodernist lens to interrogate the data, we discovered amongst staff theories of the organization as place, arising out of the material territory in which they worked. Amongst managers and those whom we call directors/chief executives there was a contrasting theory of organization as space, based upon a sense of an immaterial space occupied by a metaphysical organization. Rather than finding a dualistic distinction between organization and agents, we found the organization and organizational members collapsed in upon each other, with managerial identities fused with and inseparable from that of `the organization¿; chief executives requiring the existence of an impossible organization that could exist only in their minds; and non-managerial employees refusing to identify anything called `an organization¿.