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Jianlin Chen - One of the best experts on this subject based on the ideXlab platform.
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Lying about God (and Love?) to Get Laid: The Case Study of Criminalizing Sex Under Religious False Pretense in Hong Kong
Cornell International Law Journal, 2018Co-Authors: Jianlin ChenAbstract:First, this Article explains how the strong skepticism, and at times, instinctive rejection by the judges of the purported religious proclamations not only confirm the scholarly concerns over the sincerity test in U.S. v. Ballard, but also demonstrates how the often-proposed solution of bench trials and other procedural safeguards is of limited efficacy to restrain religious bias. Second, by situating religious fraud with romantic fraud-both being frauds that raise serious conceptual difficulties in terms of objectively proving Falsehood—this Article highlights that fraudulent sex criminalization is as much a regulation of fraud as it is a sexual offence.
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lying about god and love to get laid the case study of criminalizing sex under religious False Pretense in hong kong
Social Science Research Network, 2018Co-Authors: Jianlin ChenAbstract:Section 120 of the Hong Kong Crimes Ordinances — which traces its origin to the U.K. and which is replicated in several other English common law jurisdictions — criminalizes procurement of sexual acts through False representation. Recently, prosecutors used this provision to indict individuals who procured sexual acts on the pretext of performing luck-improving religious rituals. Beyond presenting the first-ever systematic examination of these intriguing fraudulent sex court cases, this Article makes two arguments. First, this Article explains how the strong skepticism, and at times, instinctive rejection by the judges of the purported religious proclamations not only confirm the scholarly concerns over the sincerity test in U.S. v. Ballard, but also demonstrates how the often-proposed solution of bench trials and other procedural safeguards is of limited efficacy to restrain religious bias. Second, by situating religious fraud with romantic fraud — both being frauds that raise serious conceptual difficulties in terms of objectively proving Falsehood — this Article highlights that fraudulent sex criminalization is as much a regulation of fraud as it is a sexual offence. Thus, the inquiry should not only be sensitive to the different normative considerations that vary with the subject matter of the representations, but should also incorporate the economic literature regarding the impact of fraud on market dynamics in appreciating the unintended effects of the law and prosecutorial decisions.
Fallon, Kathleen Lord - One of the best experts on this subject based on the ideXlab platform.
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Livingston \u26 Gilchrist v. The Maryland Insurance Co. (1813): A Testament to Judicial Flexibility
DigitalCommons@UM Carey Law, 2014Co-Authors: Fallon, Kathleen LordAbstract:Barely a month before Justice Brockholst Livingston joined the Supreme Court of the United States, a ship he commissioned with a cargo of $50,000, was captured by the British and condemned. The circumstances of the vessel’s voyage led to its capture; she sailed as an American merchant ship under a Spanish license with an American crew. When seized as a prize, the British found papers showing conflicting information concealed amongst the crew belongings. Justice Livingston tried to recoup his losses through an insurance policy with the Maryland Insurance Company, but was denied on the grounds that the voyage had been insured under False Pretense. Justice Livingston sued in the Circuit Court for the District of Maryland and loss. On appeal, the Supreme Court reversed and found for Livingston. While the circumstances of voyage were questionable, the motivations behind the decision of the court were equally suspect
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Livingston & Gilchrist v. The Maryland Insurance Co. (1813): A Testament to Judicial Flexibility
DigitalCommons@UM Carey Law, 2014Co-Authors: Fallon, Kathleen LordAbstract:Barely a month before Justice Brockholst Livingston joined the Supreme Court of the United States, a ship he commissioned with a cargo of $50,000, was captured by the British and condemned. The circumstances of the vessel’s voyage led to its capture; she sailed as an American merchant ship under a Spanish license with an American crew. When seized as a prize, the British found papers showing conflicting information concealed amongst the crew belongings. Justice Livingston tried to recoup his losses through an insurance policy with the Maryland Insurance Company, but was denied on the grounds that the voyage had been insured under False Pretense. Justice Livingston sued in the Circuit Court for the District of Maryland and loss. On appeal, the Supreme Court reversed and found for Livingston. While the circumstances of voyage were questionable, the motivations behind the decision of the court were equally suspect
David O. Moberg - One of the best experts on this subject based on the ideXlab platform.
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The 1986 H. Paul Douglass Lecture HOLY MASQUERADE: HYPOCRISY IN RELIGION
2016Co-Authors: David O. MobergAbstract:Despite frequent charges of "hypocrisy in the church, "the subject has been neglected in research on religion. Defined as simulating qualities in a False Pretense of being holy or virtuous, hypocrisy is widespread in all domains of life. It has played a significant role in the history ofbigotry, wars, persecution, church-state relationships, and "selective indignation" of Christians accusing other Christians. The Bible and the Koran refer to it often. Jesus strongly condemned it and the projection which name-calling accusations often involve. Its impact is evident in the social and behavioral sciences. Scientific methodology aims to control it. Theoretical analyses can deal with defense mechanisms, the inconsistency of behavior with ideals, motivational analysis, deception, dramaturgical face-work, self presentations, self concepts, labeling, social control, societal sources, extrinsic and intrinsic commitment, and its social functions and dysfunctions, to mention only a few potential approaches. Triangulation of disciplines, methods, researchers, theories, and value orientations is desirable in the scholarly and applied investigation of hypocrisy and related topics. In spite of three decades of burgeoning research on religion, there is a peculiar gap in studies related to religious behavior and attributions. It is a condition, frequently referred to by the critics of religion, that paradoxically pervades all religious organizations to greater or lesser degree. So common is the charge that "The church is not for me; it's too full of hypocrites" that Meadow and Kahoe (1984:350) have labeled it the "classic heretic's excuse." It lies at the heart of much criticism that has made the church as a social institution "Protestantism's whipping-boy" on whom all resentments over failures of private religion tend to be visited (Douglass, 1938:214). In light of the debunking motif of the social sciences which unmasks the latent consequences of social structures and action, as well as in the context of theoretical and applied religious research, one would expect hypocrisy to receive a great deal of attention, yet except for a few scattered and casual references it is ignored. My intent in this account is to sensitize researchers and scholars to the subject in order to stimulate constructive study and action. Most of my attention will center around Christianity, the focus of most American references to the subject, but every religious group that includes ethical and moral norms must of necessity cope with it. For example, the Koran (Pickthall, 1953) devotes Surah 63 and other passages to hypocrisy, and the only index reference to it in the 1969 edition of Encyclopaedia Britannica is in an article on Hebrew literature. Improved discernment and understanding of the complex issues related to hypocrisy pose a significant challenge for religious research as well as for ethicists and theologians.
Funk M Mathias - One of the best experts on this subject based on the ideXlab platform.
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IdleBot : exploring non-engaging interaction design in personal spaces
Association for Computing Machinery Inc, 2018Co-Authors: Overgoor, Ljjm Caroline, Funk M MathiasAbstract:In our personal spaces, we are increasingly surrounded by interactive, connected and engaging things that increasingly demand attention and convey a sense of continuous pace. This work showcases how things could be designed from a different perspective: seemingly aware, but intentionally non-engaging. IdleBot is a very furry robotic puppet that is waiting. Unlike many applications in social robotics, IdleBot has neither clear purpose, nor explicit functionality - it merely exists and waits. The subtleness of its interaction, consisting of mostly idle motions, is the starting point to investigate forms of interaction bordering non-interaction situated in a personal context. In two iterations, we designed a fully working interactive prototype that embodies different modes of waiting. The design of waiting behaviors is based on a prior observation study with 20 participants, whose waiting behavior was recorded for each one minute under the False Pretense of having to wait for a real experiment to start. A Kinect device tracks people in close proximity and allows IdleBot to glance at them in serendipity. The video shows what happened when we released IdleBot into the wild
Carmen Todica - One of the best experts on this subject based on the ideXlab platform.
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The False Pretense Theory as an Original Way to Acquire Property and the Legal Treatment of Real Estate Abusively Seized by the State (Object of Law no. 10/2001)
2002Co-Authors: Carmen TodicaAbstract:A construct of jurisprudence, meant at enhanced flexibility of the legal principles as well as at ensuring the security of the transfer of the deed and of the related legal actions, the theory of False Pretense is a compromise made over the issue of bona fide, which results in the validation of mispresentation. False Pretense generates a common error treated as a form of collective good faith, which leads to the opinion that a deceitful right holder is a genuine right hold. According to a new approach to the False Pretense theory, it is treated as an original way to acquire property, which is similar to acquisitive prescription. This way, False Pretense generates a property right for the benefit of a third party acquiring the respective property in good faith and extinguishes the property right of the true owner. A third party does not acquire the property right as a result of the transfer from the apparent owner (who can transfer only what he truly possesses, that is the Pretense of a right) or from the true owner (who does not consent or participate in the execution of the transfer document). However, the property right is acquired by means of mispresentation. In case it is found useful, False Pretense theory shall be approached as a way to acquire property and not as a way to validate legal actions liable to annulment. According to this particular approach, False Pretense ceases to yield legal results and is seen as a way to acquire property in the sense referred to buy the Latin precept – common error (False pretence) creates legality. The most significant law, attempting to solve issue relating to the restoration of real estate abusively seized by the former totalitarian authorities, is Law no. 10/14 February 2001, focusing on legal treatment of real estate abusively seized by the state between 6 March 1945 and 22 December 1989, published in the Official Gazette of Romania, Part I, no. 75/14.02.2001