Academicus International Scientific Journal

9-31

Authors: Silvana Greco

From a historical and sociological perspective, based on the social theory of recognition of Axel Honneth, this article analyzes the life course of the Italian Jewish Holocaust survivor Liliana Segre, born in 1930 in Milan, and her struggle for social recognition after her liberation from the concentration camps of Auschwitz-Birkenau, Ravensbrück, Jugendlager and Malchow. The article will underline on one side, the “spiral of misrecognition” that Liliana Segre, as all Italian Jews, has been victim of after the approval of the Fascist racial laws of 1938 and the negative consequences for her identity, such as social shame, loss of self-confidence, self-respect and self-esteem. On the other side, the article focus on the “upward spiral of recognition”, that Liliana Segre was able to realize after her return from the concentration camp. Through marriage, maternity, paid work in the labor market and civil engagement as Shoah witness, she was able to regain social self-esteem and dignity for herself and, for the Jewish people.

37-48

Authors: Arta Musaraj

The moral philosophy of management and the effects of the dominating doctrines in public policy and decision making, in wider terms means to question what kind of relations, once applied, these doctrines and strategies created between state, groups and individual rights. The EU accession of Southeast Europe countries represents a unique chance to understand the real capability and superiority of technocratic solution, as a dominating doctrine in accession processes, exerted in situations of limited capacities in decision making, lack of established democratic institution, which presume weak capabilities in setting up long term strategies. A unique chance to test the real value of the so-called cold and rational solutions in public decision making. In this case the trade off is between the kind of society this political and managerial doctrine creates, how much the interests of those who mandates the “technocratic power” by the power transfer process are still in balance or under consideration.

65-79

Authors: Roberto Cipriani

“Diffused religion” is to be understood in at least a double sense. First of all, it is diffused in that it comprises vast sections of the population and goes beyond the simple limits of church religion. Besides, it has become widespread, since it has been shown to be a historical and cultural result of the almost bi-millennial presence of the Catholic institution in Italy and of its socializing and legitimizing action. However values diffused in the Italian civil society can be considered as a form of conflict with the established institution of Catholic Church. Civil society shows a peculiar trend towards civic freedoms and ethical pluralism. Although the Catholic perspective is dominant, the civil society prefers a different system of values, even though not so much different from ecclesiastical social doctrine. This way there is a public space where religion is not the reference point and other perspectives take place.

95-109

Authors: Vincenza Cinzia Capristo

This article starts from the European misgivings, founded or not, about a foreign invasion. It underlines how this fear has always been present in the old continent and how it can be observed from a different point of view. In fact this short essay deals with the fear of “yellow people” in Europe between 1800 and 1900 and with the role played in influencing Europeans’ imaginary and fears by missionaries and war correspondents in the Far East. History that should be magistra vitae ends up being a lesson we never learn. The main events analyzed in this paper are the Boxer rebellion and the Russian-Japanese war.

131-145

Authors: Alda Miftari

This paper aims to open a discussion in the scientific point of view and policy making processes on sustainability of water policies. The social and environmental impact on the Agriculture sector in Southern European countries (Greece, Italy, Portugal and Spain) will be investigated to analyse the adoption of measures taken by decision makers on water policies. The community assets of farmers will have an important role on the implementation of different strategies concerning agriculture water management. The paper will focus on the role of farmer’s participation as central actors of implementation in water policy. Furthermore, the social and the environmental aspects will be addressed.

156-164

Authors: Elona Hoxha

Gender equality is a cornerstone in the process of Albania’s integration into the European Union. Although gender equality terminology was once considered impossible, progressive steps have now been taken to increase female involvement at the top of public office, decision-making, and local government. The continuous political changes of our country have created a huge legal gap over the role of women in society. Political and economic reforms after the 1990s aimed to create an equitable system of benefits between women and men, concerning their freedoms and personal rights. It is very important to emphasize that gender equality policies have an impact on improving the welfare of society by creating a parity that aims to flourish in a modern state. Reforming the legal framework on gender equality policies in Albania is a challenge, but its implementation is a considerable legal treasure trove for human rights. The same treatment of both genders will lead to the national restructuring of the monetary and human resources which will be governed by the treaties ratified by our state in creating a very good legal guide to the implementation of European standards.

9-25

Authors: Raphael Cohen-Almagor

The politicization of ethnocultural diversity and the demands posed by minority cultures for greater public recognition of their distinctive identities, and greater freedom and opportunity to retain and develop their distinctive cultural practices challenge liberal democracies. In response to these demands, new and creative mechanisms are being adopted in many countries for accommodating difference. This paper discusses some of the issues raised by these demands, focusing in particular on the difficulties that arise when the minority seeking accommodation is illiberal.

34-41

Authors: Joseph P. Garske

The principle of human trust works in both the Anglophone and Civilian legal cultures, but does so in two opposite ways. Although not explicitly stated in either legal tradition, the element of trust is of central importance in both. The two traditions began in the medieval period, but in very different circumstances. They had entirely different understandings of what law was and the purposes for which it worked. Their modern incarnations, together with implicit attitudes toward human trust, took shape during the seventeenth and eighteenth centuries--in ways that reinforced their original differences. Their contradictory ideas of trust derived from opposing concepts of human nature: a Humanist confidence in the capacity of men as compared with a Calvinist belief in the depravity of men. Eighteenth century Continental jurists rejected religion as the educative basis of rule. Instead, they embraced an Optimistic philosophic view of human nature, expressed in the Sensus Communis. During the same period England retained a deeply established Puritan ethos. It separated Church and State but, unlike the more secular Continent, it retained an amorphous religiosity as the legitimizing basis of its rule. In Continental legal culture, the ideological and educative half of governance was emphasized. Public cultivation and learning, and the faculty of human reason, were relied on as the ultimate basis of order. By contrast, Anglophone legality, resting on an assumption of human turpitude, promised freedom—but within enforced limits. Its hierarchical Rule of Law was founded on public faith in judicial authority. The project to construct a global law brings these traditions into confrontation. A resolution reached by them will determine the meaning and importance of human trust in the global age.

53-62

Authors: Ilda Jeha,Ylli Çabiri

While there is a clear tendency to address research of the ratio between change and development for very specific cases in comparison with the level of various countries, we think that we should go beyond such situation and focus rather on analysing and studying transition in former Communist countries. Such analysis could even lead to finding out the reasons for more attention being paid to change instead of development, but the influence of the tendency of the international partners in Albania and the entire region of the Western Balkan in favour of change and to the detriment of development has had its adverse and irreparable consequences.

73-82

Authors: Masoumeh Qarakhani, Seyyed Ayatollah Mirzaie

The ethic of education is a set of professional rules and regulations agreed upon by the scientific community that obliges actors to comply with codes of conduct in the science education process. This article is asking about levels and types of academic dishonesty and recognizing factors affecting it in Iran’s social sciences education. The data were collected using semi-structured interviews with Ph.D. students of public Universities in Tehran were analyzed with qualitative content analysis. Research findings show that academic dishonesty and factors affecting it are evident in the education of social science at two levels of micro and macro. At the micro or actor’s level, individual characteristics and personality traits of students and professors impact on the occurrence of academic dishonesty. Moreover, at the macro or structural level, the way of distribution of resources and rules in the education paves the way for and facilitates the occurrence of academic dishonesty. Consequently, dishonesty in the education of Iran’ssocial sciences and factors affecting it can be explained in the light of a structuration approach.

100-105

Authors: Olga Elena Ramírez Poggi, Roberto Veraldi, María Belén Medicina Leuzzi, Mayra Alejandra Delgado Mondragón

On June 23, 2016, Britain marked the exit from the European Union. The result led to a permanent closure to the EU, always marked by not joining the Euro by Great Britain itself, with political, social and economic consequences, although England still an important country in Europe. The intent of this paper is to analyse the socio-economic and political implications of this Exit from the Euro zone.

114-132

Authors: Hanna Fedosieieva

The article examines the role of countries in the development of the world market of agrarian products. At the same time, the world production and exports of agrarian products are considered not only in terms of countries, but also in terms of the most consumed species. The main tendencies of international trade of agrarian products are described. At the same time, we discuss only those agrarian products which are raw materials or have undergone the primary processing. The author of the research wants to confirm or refute the existing opinion that the active position of the country in the world agrarian market is a kind of evidence of the underdevelopment level of its economy.

9-35

Authors: Franco Ferrarotti

In a situation in which the market economy is regarded as so important and decisive as to induce the emergence of a market society, the notion of the «sacred» becomes essential. The market is perfectly legitimate as a forum of negotiations, but it has a purely instrumental value. A market society is a contradiction in terminis. Only the concept of the Sacred, despite its ambiguity, can preserve and enhance the final values on which a society is built (justice, love, human recognition, interpersonal dialogue).

46-53

Authors: Michele Marsonet

A pragmatist conception of logic rejects any kind of logical constructionism, based on the appeal to privileged ontological and epistemological items and to a perfect language supposedly provided by mathematical logic. Even in logic, “pluralism” must be the key-word if one does not want to be locked in the cage of conceptions that become rapidly outdated. Dealing with the dichotomy Absolutism/Relativism in logic, it may be observed that the enterprise of logic can be considered in several - and substantially different - perspectives, among which we find (1) the psychologistic, (2) the Platonistic, and (3) the instrumentalistic viewpoints. According to (1) logic is viewed as fundamentally descriptive, and its task is taken to be that of outlining a “theory of reasoning,” i.e. a systematic account of how we humans proceed when reasoning successufully. According to (3), instead, logic’s task is that of constructing rigorous systems codifying not only actual, but also possible instrumentalities for conducting valid inferences, and these would be available (should someone want to avail himself to them) for adoption as an organon of reasoning, but no empirical claims are made that anyone has (or will) avail himself of this opportunity. The logician devises a tool or instrument for correct reasoning, but does not concern himself about the uses of this instrument. Philosophy and logic cannot be linked so closely, and today the idea that the analytic style of philosophizing is just one style among many others, and not the only possible one, is gaining increasing acceptance.

62-81

Authors: Enrico Gandolfi

The article focuses on an empirical procedure aimed to harness digital games in exploring sensible issues in social research. By merging qualitative and creative methods and taking into account suggestions from Sociology, Media Studies, and Game Studies, the suggested approach combines single interviews, focus groups and participative design exercises according to a creative learning path. In order to put its effectiveness to the test, four groups of players (N: 20) with different attitudes toward play were recruited for addressing the theme of sustainability. The digital games Crusader Kings 2 and Sid Meier’s Alpha Centauri were selected as facilitating tools due to the related pertinence. Results show an increment of consciousness and awareness about the topic and a noteworthy potential in engaging subjects and stimulating their feedback in empirical investigations. In turn, some limits emerged to the extent that further interventions are required to stress and relativize the proposal.

94-110

Authors: Arlinda Memetaj

The private persons in any democratic state should have a right to dispute the administrative decisions affecting their rights, freedoms or interests before (among others) competent independent courts. It is the key precondition for the principle of transparent and responsible public administration as an integral part of democratic governance. In addition to the “judiciary control of the administrative decisions”, the private persons` human rights against the public administration may be also protected through the Ombudsman office. The increasing importance of the afore mentioned issues relating public administration and the various types of control of the administrative acts been long time ago reflected in the mandate of almost all of the key international inter-governmental organizations, especially the European ones including the Council of Europe, the European Union and the OSCE. The establishment of both effective public administration and administrative justice system has been for a long period of time among the most “important and urgent” final strategic objectives of almost any country in the Balkans region, including Albania, Macedonia and Kosovo. This process included (among others) establishing European-like Ombudsman offices in these countries. Against the above background the present paper firstly explains why the administration action must be controlled by the public, and it then outlines the European Right of Good Administration, the Ombudsman Office`s mandate. This is then followed by presenting the concept of European Administrative Space in terms of the Role of the OECD-SIGMA in Developing the Standards of Good Administration. Against the preceding sub-sections the paper further presents the basic legislative framework for action of the National Ombudsman Offices in Albania, Macedonia and Kosovo, which is then followed by a short review of the actual state of play of the Principle No.2 of the SIGMA European Principles for Public Administration (as specifically related to the accountability) in the three countries, on the basis of the relevant international monitoring reports, including the most recent EU Commission`s Progress Report on those countries. The paper finally concludes that Albania, Macedonia and Kosovo all have already established the basic legislative framework for establishing their national administrative judiciary system alongside which there is the one related to their own national Ombudsman office as well, while all of them are still more or less far from being fully in line with the principle No.2 of the SIGMA European Principles for Public Administration (as specifically related to the accountability). As to later, the paper particularly stresses that Albania, Macedonia and Kosovo have (more or less) adopted rules on independent status, functioning and powers of their own ombudsman office and other oversight institutions in line with the relevant international standards, but their administrations are still too far of being ready and willing to fully implementing the ombudsman institutions` recommendations. The fully implementation of the above Principle No.2 is therefore one of the most important and serious present challenges for Albania, Macedonia and Kosovo on their individual road towards the EU membership, in terms of building up their individual European administrative capacity.

122-145

Authors: Wei-Bin Zhang

This paper proposes a dynamic economic model with health, human capital and wealth accumulation with elastic labor supply. The economic system consists of one industrial, one health, and one education sector. Our model is a synthesis of four main models in economic theory: Solow’s one-sector neoclassical growth mode, the Uzawa-Lucas two sector model, Arrow’s learning by doing model, and Grossman’s growth model with health. The model also includes Zhang’s idea about creative leisure or learning by consuming. Demand and supply of health service and education are determined by market mechanism. The model describes dynamic interdependence among wealth, health, human capital, economic structure, and time distribution among work, health caring, and education under perfect competition. We simulate the model and examine effects of changes in the propensity to consume health caring, the efficiency of producing health caring, the propensity to receive education, and the propensity to save.

9-32

Authors: Franco Ferrarot

The author contends that any contestation or countercultural movement, no matter how generous, is bound to failure unless it develops as a rational project. Violence, as such, might help visibility, but, in the last analysis, it amounts to nothing more than self-gratifying narcissism, incapable to produce positive results, even less to satisfy the request of present day youth for a different, more open society.

45-60

Authors: Agathi Nano

By decision no. 32 of 2015, “On the establishment of a special parliamentary commission for the implementation of the issues in the resolution on the agreement between the majority and the opposition in the Albanian Parliament” was approved the establishment of a special parliamentary commission for the implementation of the resolution1 adopted on 24 December 2014, which, among other things, foresaw the commitment of the parties involved to work together with consensus, supported by the European Union, on the issue of individuals with criminal records, who hold a public post or seek to be elected or appointed to one, based on European standards and the assistance of the Venice Commission. On 17 December 2015, Members of the Albanian Parliament adopt by consensus the constitutional amendments and legislative framework which are necessary to introduce in our country a clear mechanism for the exclusion of criminal offenders from public offices. In this paper we examine regulatory issues relating to the legal framework necessary to guarantee the integrity of public officials, the verification and ascertainment of the prohibition of exercising public functions and the implementation of the prohibitive measures provided for by law no. 138/2015 “On guaranteeing the integrity of the persons elected and/or appointed to, or exercising public functions”, the so called “decriminalisation” law.

69-87

Authors: Gentjan Skara

This paper analyses EULEX mission in Kosovo (hereafter EULEX) as an exporter of rule of law. From the deployment of the mission, two mainstream discourses have coined the effectiveness of EULEX establishing the rule of law in Kosovo. From the Brussels point of view, EULEX has marked a lot of progress in promoting the rule of law in Kosovo. On the other hand, based on international indexes and other secondary sources, EULEX has been harshly criticised to deliver its promises in strengthening the rule of law institutions, fighting organised crime, war crimes and reducing corruption. Beyond these discourses, the paper tries to explore whether, how and to what extent, EULEX has promoted rule of law in Kosovo. The paper argues that EULEX has failed to promote rule of law in Kosovo due to 1) the costs of adaptation or compliance as function of the misfit between EULEX institutional approach on rule of law and domestic conditions and 2) incapacity of Kosovo rule of law institutions to interact with EULEX in strengthening the rule of law as a result of political interference on judiciary and police sector.

105-112

Authors: Michele Marsonet

To understand the significance of a pragmatist stance in this matter we must address a basic question: which kind of evolution are we referring to when talking of “evolutionary epistemology”? If we take evolution to be an undifferentiated concept, such that no useful distinction can be found in it, we are on a wrong track. The evolutionary “pattern” is certainly one, but this should not lead us to assume that the specific characteristics of mankind must be left out of the picture, either because they are not important or because no specifically human characteristic is admitted. Nicholas Rescher’s evolutionary framework, for example, is instead pluralistic and multi-sided. It is worth noting how and why Rescher’s evolutionary epistemology differs from the one delineated in a famous book by Karl Popper. The Austrian-born philosopher based his approach on the “random conjectures and refutation” model. A scientist, for example, faces the problem of explaining nature’s doings by one of the endlessly many hypotheses that he has at his disposal. Subsequently he chooses to endorse a conjecture from this infinite range, and the testing itself, via falsification, furnishes the necessary selection. According to Popper’s picture we have, in sum, a sort of blind and random mechanism: his “trial-and-error” search procedure. Rescher’s opinion about this issue is that, on such Popperian grounds, scientific progress becomes more or less inexplicable. In particular, the success in providing explanatory theories that perform well in prediction and the guidance of applications in a complex world is now an accident of virtually miracolous proportions.

122-132

Authors: Davide Crimi

Through three capital questions, this short essay tries to offer a general panorama and a better understanding of the proteiform complex body or Masonry. Through by a multi-level hermeneutic, this study get the ambition to be comprehensible both to Readers who are not used to this kind of literature and to the ones advanced and skilled in symbolic thought. The main important conclusion owes the quality of the symbolic level, which is the property to refuse a single interpretation: notwithstanding, this does not prevent from a clear historical and political evaluation of the phenomena under analysis, according the methodologies of social sciences. This political evaluability drives to the main valuable output of the essay, which concerns the anthropological statement that the logical label of Masonry, with this name or many others, it exists since always. Under the category of initiatory institution, we may consider the step between individual and society, and a society inside a larger one. Evolving from the needs of the individuals to the ones of social groups, the matter joins to the land of political sciences. The sociological meaning can be posed under analytic view in reason of the functionalist meaning emerging from the alternative couples status-quo/emancipation and conservatism/progressivism. Through by this perspective, anyway the theme seems not to reveal much more, because this “proteiform complex body” manifest itself as something too much complex in its inner core to be considered in a way or in another. What remains is strictly symbolic, with some theological and eschatological points that refuse to be posed under restrain.

14-27

Authors: Maria Immacolata Maciot, Arta Musaraj

Multiculturalism and the new multi religious social realities are becoming dominant dimensions of today’s world. The huge changes in the social tissue of those societies, which up to now had an established dominant culture and religious affiliation, made them now face more than the effects of migrant flows, which inevitably causes confrontations of cultures and believes. The clash of civilizations, which have been so accurately predicted, took different forms of confrontation by giving floor to extremism into its organized form: an explosion of terrorism. By considering the strong connections between poverty and lack of education as an extremism cradle, many researchers consider the inclusion of the subjects related to the history and culture of religions as a strategy to reduce cultural and religious conflict as well as extremist behavior and the bases of terrorism, by increasing information and knowledge about religion starting from early teen years. Albania, a country known for its religious tolerance, is one of those countries which’ decision makers in education actually share this point of view and is going to start a project by including a module of limited hours of teaching in medium and high school students. The paper makes an analysis of the potential effects this might have considering its application related to the initial purposes of the project, by introducing the case of Italy and its strategy of religious education over the years as a comparative tool in order to analyze and predict the potential outcomes of this intent, by considering the national background of Albania and some specific learning traits and outcomes on such topics related to age and cultural set up.

47-57

Authors: Michele Marsonet

Globalization entails the increasing volume, velocity and importance of flows within and across borders of people, ideas, goods, money, and much else, thus challenging one of sovereignty’s basic principles: the ability to control what crosses borders in either direction. Sovereign States increasingly measure their vulnerability not to one another, but to forces beyond their control. Necessity may also lead to reducing or even eliminating sovereignty when a government, whether from a lack of capacity or conscious policy, is unable to provide for the basic needs of its citizens. This reflects a view that state failure and genocide can lead to destabilizing refugee flows and create openings for terrorists to take root. Globalization is frequently discussed as a counterpoint to national sovereignty. It is commonly asserted that globalization has eroded national sovereignty or that it has rendered borders obsolete. In particular, it is asserted that, in a globalized world economy, governments have no alternative but to adopt neoliberal economic policies of privatization, deregulation and reductions in public expenditure. However, in the contest between social democracy and neoliberal globalization, the nation—state per se is only marginally relevant. The crucial issue is whether policy will respond to the wishes of a democratic electorate, or be tightly constrained by the ‘Golden Straightjacket’ of international financial markets.

80-90

Authors: Sali Shehu

The following material will focus initially on determining the concept of consensus, as defined by different scholars and different philosophical beliefs, role played by consensus in the establishment and functioning of the rule of law, in operation of international organizations, such as the UN, NATO and the EU. Also, we will discuss briefly the role of consensus in the process of running and organization of these organizations and functioning of the structures of national security in the process of making important decisions, in achieving the standards for Euro-Atlantic integration, and in the closing of this paper we will provide some conclusions which might be of some help in contributing, even theoretically, in the establishment, consolidation and strengthening of the national security structure. Finally, the conclusion part of this paper is thought to offer some recommendations, as well. Of course, due to the scope of this paper, the recommendations are being addressed to the political class, as an attempt to encourage it to use consensus in all areas of its activity.

122-135

Authors: Albana Gërxhi

This article presents and analyses the postconflict peacebuilding actions in Kosovo. It aims to bring a picture of external and internal actors involved in such a process from the end of the conflict up to date. The article challenges peace process in Kosovo through the issues emerging in the Society due to the unsettled status enduring as of Security Council Resolution 1244. It is structured into three sections. The first section analyses the postconflict peacebuilding and statebuilding actions undertaken by external and internal actors right after the conflict. The second section deals with the issue of transitional justice as a key element on peacebuilding and how it was addressed. Whereas the third section analyses the current situation of the population with the issues inherited from the conflict and others emerged due to undefined actions of external and internal actors.

151-157

Authors: Kaltrina Zekolli

The key of existence and success in all domains of life to the entity of justice is the thorough compliance to the truth and justice. Therefore when a certain right is violated, liable or challenged entrusted to solve that, are the institutions of justice, rather the courts. Courts are competent to find the right path towards the truth applying different methods with intention to satisfy the justice. In this paper special attention we dedicated to the method of open assessment of proofs in litigation, that in fact is the subject of this research.

166-183

Authors: Terfa T. Alakali,Hemen Philip Faga, Jinatu Mbursa

This paper examined the phenomenon of hate speech and foul language on social media platforms in Nigeria, and assessed their moral and legal consequences in the society and to journalism practice. It used both quantitative and qualitative methodology to investigate the phenomenon. In the first place, the paper employed the survey research methodology to sample 384 respondents using questionnaire and focus group discussion as instruments for data collection. Findings from the research indicate that promoting hate speech and foul language on social media have moral and legal consequences in the society and to journalism practice. Findings also show that although, the respondents understand that hate speech and foul language attract legal consequences, they do not know what obligations are created by law against perpetrators of hate speech and foul language in Nigeria. The paper therefore, adopted the qualitative, doctrinal and analytical methodology to discuss the legal consequences and obligations created against perpetrators of hate speech and foul language in Nigeria. The paper concluded based on the findings that hate speech and foul language is prevalent on social media platforms in Nigeria and that there are adequate legal provisions to curb the phenomenon in Nigeria. It recommends among others things that the Nigerian government and NGOs should sponsor monitoring projects like the UMATI in Kenya to better understand the use of hate speech and that monitoring agencies set up under the legal regime should adopt mechanisms to identify and remove hate speech content on social media platforms in Nigeria.