29 research outputs found
Privacy protection against physical intrusion: development of a pure intrusion tort in England and Wales
No full textThis article argues that intrusion into privacy is not comprehensively protected in England and Wales despite the availability of the cause of action for misuse of private information. Therefore, the author argues for the development of pure intrusion tort category in England and Wales
The dynamics and genius of Nigeria's indigenous legal order
No full textThis article challenges the colonial delegitimization of Nigeria's customary law. The author describes customary law's fundamental bases, and argues that these bases are what ensured customary law's survival during colonial rule, and also what provide for customary law's contemporary relevance. Globalization, increased international interaction, and the eclipse of tribal insularity necessitate a permanent form of customary law that is decipherable to foreigners and non-Indigenous people of Nigeria. However, the author opines that if rigidification of customary law is to be avoided, then the present practice of proving it as a fact ought to be retained. Factual proof is defended as an incident of the primordial nature and primary source of customary law, rather than any weakness in the comparison of customary law with the received English law. Under Nigerian law, after a rule of customary law is proved to exist, the court must consider whether it is judicially enforceable, or whether it is repugnant to natural justice, equity and good conscience. The author argues that the 'repugnancy doctrine' was routinely employed in a legal 'cleansing' mission, and was the engine for the imposition of hegemonic, foreign culture. The author suggests caution in the uncritical and contemporary use of the repugnancy doctrine and its precedents. Other instances of non-judicial enforcement of customary law are also considered, such as the contractual exclusion of customary law, and the exclusion of customary law based on the uncustomary nature of the subject matter of litigation. Finally, the author addresses the specific question of the constitutionality of customary law. Customary law's patriarchal foundation and general discrimination against women and female children are problematic issues that require sensitive and imaginative judicial use of customary law. The author argues that the Nigerian judiciary should undertake careful constitutional and sociological analysis before striking down any rule of customary law. The court should make reference to South Africa's constitutional experience, which has comparative similarities to Nigeria. The article concludes with a call for an interpretive approach to customary law that ensures its survival and adaptation to the dictates of equality in an egalitarian society
Body parts in property theory: an integrated framework
No full textThe role of property theory as a framework for analysis and regulation of body parts has become a debate of topical importance because of the emergence of biomedical technologies that utilise body parts, and also because the application of the concept of property, even with respect to historically and traditionally accepted forms of property, raises serious challenges to the property analyst. However, there is another reason for the topicality of property in relation to body parts: a proprietary approach confers on a claimant the advantage of continuing control that is tellingly lacking in non-property frameworks underpinned, for instance, by consent, negligence, privacy and unjust enrichment rules. In some circumstances, such as an unauthorised blood test performed on a blood sample obtained with consent, the continuing control provided by property law might be the only chance a claimant has to obtain a remedy. Economy of space, however, requires that only a prolegomenon on body parts and property theory is given below. Thus, the analysis begins by providing in outline a framework for comprehensive analysis of body parts within the realm of property theory; thereafter, the author engages with the normative question of whether body parts or rights exercisable over body parts could be admitted into the category of property
Investigating the Challenges, the Claretian Community Might Be Facing in Living Effectively the Religious Commitments in Ibadan, Nigeria
No full textThis study investigated the issues that might be militating against the authentic community living in the Claretian Formation House in Ibadan, Nigeria. The objective of the study was to: To investigate the Challenges of Urban Cultures in the Community of Claretian formation in Ibadan, Nigeria. To find out the Challenges and Effect of Cultural differences in the community of Claretian formation in Ibadan, Nigeria. To explore on the Coping Strategies used in mitigating the issues of Economy of Exclusion in the Community of Claretians Formation in Ibadan, Nigeria. To explain the possible solutions to the challenges of pastoral individualism faced by Community of Claretian formation in Ibadan, Nigeria. The research used a convergent parallel mixed method research design that comprises of both qualitative and quantitative methods. The study used census method to select 57 participants, where all the participants of the target population of the study participated in the study. The study used purposive sampling to select 47 participants for quantitative strand and 10 participants for qualitative strands. Data collected was analyzed using SPSS version 21.The quantitative data from the close-ended items in the questionnaire were coded and analyzed using frequencies, percentages, bar chart, and pie chart and presented in tables and figures. The qualitative data was analyzed according to the emerging themes and in line with the research objectives and presented in narrative form.
Keywords: Claretian Community, Living Effectively, Religious Commitments & Ibadan, Nigeria.
 
Family Impact on Vocation Discernment among De La Salle Brothers in Lwanga District, Kenya
No full textThis study explored family impact on vocation discernment among De La Salle Brothers in Lwanga District, Kenya. Though family impact on vocation discernment can be both positive and negative, the researcher dwelt more in exploring the negative impact. The objectives of the study include exploring the impact of parents on the vocation discernment of aspirants to the Religious Life among the De La Salle Brothers; to study the impact of pressure for financial family support on temporary professed Brothers. The study was carried out among 90 targeted population and 90 sampling population, in Lwanga District of Africa, an Anglophone Province of the De La Salle Brothers Congregation in the Catholic Church. The Province comprises of six countries: Ethiopia, Eritrea, Mozambique, South Africa, Nigeria and Kenya, with the headquarters in Nairobi, Kenya. The study has been able to find out the impact of family pressure on professed Brothers and young men aspiring to join the congregation. This impact could be negative or positive. When the family plays its role of good family upbringing, family prayers and bible reading, family devotion, unity and love in the family, parents’ faithfulness to each other, and participation in religious activities in the parish, there is positive impact on the child. All these prepare fertile ground for the child later in life to choose Religious Life of the Brothers. However, when the family fails in its role of proper upbringing, it has negative impact on the child. The research used a mixed method design comprised both qualitative and quantitative methods. The data was collected by the use of questionnaires and interview guide. The quantitative data was analyzed and presented in percentages and numbers while the qualitative data was analyzed according to the emerging themes in line with the research objectives. The study suggested some intervention strategies for addressing family impact on vocation to religious life among the Brothers.
Keywords: Religious Community, African Community, Affective Love, Religious life/Consecrated Life, Initial Formation, Lwanga District.  
‘Orphaned’ transplantable organs: Law, ethics, and ownership
Get PDFThe legal status of an organ, in the period between its extraction from the body of a donor and its implantation in the body of a recipient, is unclear. In that period, the excised organ might be said to be orphaned because of its ambiguous custodial and proprietary status, and a host of activities might take place which could jeopardise its safety or viability for transplantation. For instance, what happens if the organ was lost or damaged in transit? Not inconceivably, a thief might snatch the organ from the possession of the transplant team; a transplant surgeon could use the organ for the treatment of their relative or close friend, a celebrity, or an influential political figure, instead of transplanting the organ into the properly selected and designated recipient contrary to the established allocation criteria. The excised organ might be damaged maliciously by a third party, say, an enemy of the proposed recipient who was bent on frustrating the recipient’s only means of receiving a life-saving treatment. Further, a live donor might change their mind on donation to the potential recipient after the organ has already been extracted. While these scenarios raise an interesting mix of legal, ethical, political and social questions, a fundamental enquiry that permeates the whole gamut of issues engendered by the hypothetical above is the question of ownership and proprietary entitlement to an excised (orphaned) organ. Accordingly, this article interrogates the question of proprietary control or ownership of an orphaned organ.Peer reviewe
‘Orphaned’ Transplantable Organs: Law, Ethics, and Ownership
Get PDFThe legal status of an organ, in the period between its extraction from the body of a donor and its
implantation in the body of a recipient, is unclear. In that period, the excised organ might be
said to be orphaned because of its ambiguous custodial and proprietary status, and a host of
activities might take place which could jeopardise its safety or viability for transplantation. For
instance, what happens if the organ was lost or damaged in transit? Not inconceivably, a thief
might snatch the organ from the possession of the transplant team; a transplant surgeon could use the organ for the treatment of their relative or close friend, a celebrity, or an influential political figure, instead of transplanting the organ into the properly selected and designated recipient contrary to the established allocation criteria. The excised organ might be damaged maliciously by a third party, say, an enemy of the proposed recipient who was bent on frustrating
the recipient’s only means of receiving a life-saving treatment. Further, a live donor might change their mind on donation to the potential recipient after the organ has already been extracted. While these scenarios raise an interesting mix of legal, ethical, political and social questions, a fundamental enquiry that permeates the whole gamut of issues engendered by the hypothetical above is the question of ownership and proprietary entitlement to an excised (orphaned) organ. Accordingly, this article interrogates the question of proprietary control or ownership of an orphaned organ.Peer reviewe
Young People and Discernment of Vocations According to the Teachings of Saint John Paul II
Get PDFMany young men and women are often confused when it comes to choosing their vocations and careers. According to Pope John Paul II in PastoresDaboVobis, “Each Christian vocation comes from God and is God’s gift. However, it is never bestowed outside of or independently of the Church. Instead it always comes about in the Church and through the Church a luminous and living reflection of the mystery of the Blessed Trinity.” What churches are doing with youth is commendable. Pope John Paul II earned the confidence of young people because he took them seriously. They sensed that he understood their concerns. He challenged them to give their lives to Christ. He appealed to their high ideals, inviting them to take a lead in the New Evangelization. Amidst the contemporary challenges facing young people, it would be appropriate to find ways of helping youth discern God’s call in their daily struggles. This implies learning to discern God’s voice hidden in the chaos of other worldly voices. The worldly allurements seem to have a great impact amongst youth. They therefore require some guidance from their parents and spiritual leaders in order for them to make the right decisions. This article looks at how Pope John Paul II treated the issue of vocational discernment among young people
Young People and Discernment of Vocations According to the Teachings of Saint John Paul II
No full textMany young men and women are often confused when it comes to choosing their vocations and careers. According to Pope John Paul II in PastoresDaboVobis, “Each Christian vocation comes from God and is God’s gift. However, it is never bestowed outside of or independently of the Church. Instead it always comes about in the Church and through the Church a luminous and living reflection of the mystery of the Blessed Trinity.” What churches are doing with youth is commendable. Pope John Paul II earned the confidence of young people because he took them seriously. They sensed that he understood their concerns. He challenged them to give their lives to Christ. He appealed to their high ideals, inviting them to take a lead in the New Evangelization. Amidst the contemporary challenges facing young people, it would be appropriate to find ways of helping youth discern God’s call in their daily struggles. This implies learning to discern God’s voice hidden in the chaos of other worldly voices. The worldly allurements seem to have a great impact amongst youth. They therefore require some guidance from their parents and spiritual leaders in order for them to make the right decisions. This article looks at how Pope John Paul II treated the issue of vocational discernment among young people
Automatedgeneration of fuzzy control system using genetic algorithm, 1995
Get PDFFuzzy logic based controllers have emerged to be an inexpensive and simple solution for complex control problems. The main components of the fuzzy logic control are the rule base, the membership functions, and the inference engine. Membership functions are used to combine the antecedents and consequent (of the rules) to determine the output of the rules. Fuzzy controllers, however, suffer from significant drawbacks such as the formulation of the membership functions and tuning the rule base. In this thesis, a genetic algorithm is used to generate the fuzzy logic controller's rule base and to tune the membership functions. Temperature and pressure control in a boiler plant is used as a test bed application
