„E o plăcere să citeşti o carte filosofică în care este atât de evidentă preocuparea autorului pentru a se face cât mai bine înţeles, iar rezultatele sunt pe măsura acestei preocupări. Sobrietatea scrierii este, în acest caz, expresia unei onestităţi intelectuale lipsite de cusur. Sunt atribute, din păcate mai rar întâlnite, care constituie apanajul acelora care îşi pot permite să renunţe la orice încercări de a-şi impresiona cititorii prin efecte exterioare. şi aceasta deoarece ei pot convinge pe deplin numai şi (...) numai prin substanţa ideilor şi forţa argumentelor.” Mircea Flonta. (shrink)

The article deals with the main ideas of the political philosophy of Abu Abdallah Ibn al-Azraq al-Garnati (1427-1491), a well-known Muslim statesman, supreme judge of Granada, lawyer, diplomat, supporter of Arab Muslim peripatetism, a student of the outstanding thinker of the Muslim Middle Ages Ibn Khaldun (1332-1406). In the history of the political philosophy of the Muslim East, a number of major transformations in the development of the Arab Caliphate from the Medina state of the prophet to the Sultanate in (...) the Abbasid period should be noted, which were reflected in the development of the theory of the Arab-Muslim state (caliphate). The main problem of the theory of the caliphate was connected with the question of the relationship between power and authority in the context of the moral foundations of the state. The creative heritage of Ibn al-Azraq is mainly known for his work in the genre of adab ("mirrors of princes") “Miracles on the way, or the Nature of dominion”. The treatise became a classic of the political philosophy of the Muslim Middle Ages, in which, under the influence of Aristotelian ideas, a special place was given to the moral foundations of power and the state, that is, ethics was considered as a political science. In the form of instructive parables, the rulers and heirs to the throne were explained the basics of state administration as part of their studies and education. His doctrine of the virtues can be viewed as ethical rationalism with a belief in the moral perfection of people in power and subjects of the state. Since morals are largely acquired and a person can control them, the task of purifying his own morals and curing them is entrusted to him. In addition, accordingly, it is possible and necessary to cultivate virtues in rulers, since the well-being of the state and the ummah depends on their morals. The moral foundations of power determine the strength of political authority. (shrink)

The Codification of Islamic Criminal Law in the Sudan: Penal Codes and Supreme Court Case Law under Numayrī and al-Bashīr. By Olaf Köndgen. Studies in Islamic Law and Society, vol. 43. Leiden: Brill, 2018. Pp. xii + 480. $171, €149.

al-Fārābi was well aware that ecumenism can easily convert to tyranny if a certain city–state attempts to impose its laws outside its territory. State legislation depends on specific cultural and historical factors which deprives it from being universal because culture and history could not unite different nations in an ecumenical state. Legislation has to be built on universal premises, e.g. on philosophy, so as to serve the needs of a global state. Philosophy is the bond which unites humans and communities, (...) while religion and legislation are disruptive factors. Despite the fact that in our days there are different philosophies, philosophy encourages dialogue, not hatred. As a result, al-Fārābi was right when he founded his ecumenical state on philosophy. Consequently, philosophers ought to persuade the citizens through rational arguments, dialectic, symbols and religion so as to accept the existence of an ecumenical state. The goal of this state is the supreme good, understood as the theoretical living. Al-Fārābi’s ecumenism is a means for the perfection of human beings and societies and not simply for the augmentation of wealth, as it is seen today. Al-Fārābi dreams of an anthropocentric ecumenical state. I support that this should be the form of modern ecumenism. While modern scholars have strong objections to the governing of philosophers, we should agree that philosophy is the appropriate universal language. The persistence on power and other divisive factors, such as religion or tradition, is doomed to fail. (shrink)

This study attempts a reconstruction of the philosophy of the unfinished _Opus tripartitum_ of Meister Eckhart. One new feature is the 'hermeneutic approach' to the question of Eckhart's philosophy, another is the recognition that the concept of Unity plays a decisive role in the organisation of his metaphysics, to the extent, indeed, that one can speak of a metaphysics of the One. Eckhart's metaphysics is determined to a contemplation of the divine, which in this thinking of Unity is understood as (...) the principle and end of all things. Yet, at the same time Eckhart's thinking of Unity marks the boundaries of the _ratio naturalis_. In this way his thought combines a supreme trust in the effectivity of reason with a negative theology of the purest sort. By a systematic reading of linked texts of Meister Eckhart the trail of his philosophy of the One is followed down into the German sermons. (shrink)

Abdullah Al-Nadim is one of the most important intellectual and political figures in modern Egyptian history. He played a major role in all significant stages of the Egypt nineteenth century. He was called "the orator of the revolution." He left his mark on various aspects of Arab social, political, and cultural life and awareness. So now it is very important to study and analyze his intellectual legacy, especially in contemporary circumstances, in which we see the rise of the new barbarism (...) of various primitive religious Salafism. Abdullah Al-Nadim was one of the fine examples of the free intellectual. He committed to issues of society, national Idea, freedom, and progress. This study aims to trace the emergence and development of political, social, and literary ideas of Abdullah Al-Nadim. In their outcome, these ideas were the outcome of the Egyptian social, political, and national struggle against Ottoman despotism and its ruined remnants in the historical existence at that time. In his research and positions, critical and satirical ideas, precise clarity, depth, and loyalty to the truth and the nation's supreme interests are united. His creativity was a model for critical vision and mockery of the remnants of a collapsing world. He sought in all his works for alternatives to development and social progress, calling for modern civilization and freedom. His defense of women, their rights, and freedom was among the most dramatic at that time. Abdullah Al-Nadim sacrificed himself for these endeavors and goals. But at the same time, he revealed the possibility of synthesizing the poetic spirit and truth in theoretical and practical creativity. They are the issues and aspects that form the focus of this research. (shrink)

φρόνη­σις and σοφία as kinds of knowledge and being Aristotle, Heidegger, Gadamer Φρόνη­σις and σοφία, practical and theoretical knowledge, were described by Aristotle as essential for the perfection of human life and thus for achieving happiness, the supreme good. The investigation of the relationship between the “highest” virtues and between the correspondent life ideals by Heidegger and Gadamer “made” the Stagirite “talk” in the 20 th century from the perspective of Heidegger’s question of Being and Gadamer’s philosophical Hermeneutics. A renewed (...) interpretation of the πρᾶξις/θεω­ρία interrelation elaborated by Aristotle could contribute to the development of attitudes required to face the current challenges, and so keep on making the Stagirite’s “doctrine” fruitful for our present. (shrink)

The main purpose of the present paper is to introduce and explicate the position and services of the most brilliant character –Etemad-Al-doleh of the ruling era of Shah Abbass the first called Khajeh Mirza Hatam Beig Ordoobadi and his son-Talib Khan. Due to Shah's authority in this era, the paramount duty which can be assigned to the position of Etemad-Al-doleh was to control the geostrategy and military actions.After Shah Abbass, the first-and due to the fact that the kings were brought (...) up in seraglios and were far from gaining experience to manage the country, Etemad- Al-doleh developed his position so increasingly. According to the historical sources belonging to the Safavid era and itinerary of European, we can easily find out that Etemad-Al-doleh found his way into any governmental affairs. Based on the outstanding position of Hatam Beig and his son, it can be claimed that the social position is not considered just to promote the military officers ' ranks in Shah- Abbass era. Unlike the Safavi's point of view, the term of virtue- centered community was limited to recruiting the Georgian servants called "the establishment of the third military force". In the first decades, Etemad-Al-doleh enjoyed a valid social position and a proper background in tribunal. Studying the lives of supreme ministers shows us that the majority of them had court-based and military social origins. (shrink)

On June 18, 2023, the U.S. Supreme Court in the matter of Amgen, Inc. et al. v. Sanofi, et al.1 unanimously upheld the 2021 decision of the U.S. Court of Appeals for the Federal Circuit,2 striking down as overbroad Amgen’s patent claim to an entire functional genus of monoclonal antibodies. Amgen’s patent claims were not limited to antibody structure or antibody amino acid sequences. This is significant because Amgen’s patent claims did have amino acid sequences, but they were directed to (...) the epitope. (shrink)

The hereafter, one of the main pillars of Islam, has been discussed by both theologians and Ṣūfīs from various angles and interpreted in many different ways. Although there is consensus on the main subjects, there are a lot of controversies in details. One of the Ṣūfīs who authored on diverse problems over the hereafter is ʿAlāʾ al-Dawla al-Simnānī (d. 736/1336). He was a Kubrawī shaykh during the Īlkhānid era. He inclined towards the Ṣūfī path after serving the Buddhist ruler Arghun (...) (r. 1284-1291) for ten years, thanks to a spiritual experience he had. He met with Nūr al-dīn ʿAbd al-Raḥmān al-Isfarāyīnī (d. 717/1317), a Kubrawī shaykh based in Baghdad, and became a disciple of him, granted ijāza (a certificate of authority) from him. Upon his shaykh’s order, he turned back to his hometown and spent his life until his death, in his Ṣūfī lodge raising disciples and writing works. He had contributed greatly both to his own order and to the literature of Ṣūfism with his disciples and written works. As regards to the hereafter, his opinions on the reality of this world and its position against the next, death, the doomsday and its kinds, the existence of the paradise and the hell today and their present location are remarkable. In this article, his views over those problems are discussed in the context of his understanding of mystical training.Summary: ʿAlāʾ al-Dawla al-Simnānī (d. 736/1336) lived between the second half of the seventh century (h.) and the first half of the eighth century, in today’s Iran, during reign of the Īlkhānid’s. Thanks to the connection of his family to the Īlkhānid court, his father and uncle’s administrative positions at the court and his will and efforts, he started to serve Arghun (r. 1284-1291) around the age of fifteen and gained his personal intimacy. After serving him for ten years, he experienced a spiritual transformation and inclined towards a mystical life. He left Arghun for his hometown Simnān, on the pretext of his disease that courtier doctors could not treated, but under the condition that he would turn back after he recovered from the disease. He got better just after a while but did not return. He arrived Simnān at the beginning of a holy month of Ramadan, took off his formal clothes and began to mystical training himself based on Abū Ṭālib al-Makkī’s Qūt al-qulūb. After a while, he met with one of the disciples of Nūr al-dīn ʿAbd al-Raḥmān al-Isfarāyīnī (d. 717/1317) and wondered about him. Then left Simnān for Baghdad with the intention of visiting him. However, Arghun was informed about this and prevented him from going to Baghdad, withholding him for some time. After a while, Simnānī escaped from Arghun and returned to Simnān and wrote a letter to al-Isfarāyīnī on this incident. In response, al-Isfarāyīnī said that he does not need to visit Baghdad, al-Isfarāyīnī would be with him spiritually and ordered him to start his training. Simnānī kept his connection alive with his shaykh during this period via letters and spiritual meetings but he could not meet with him face to face. Afterwards, he could meet him twice and granted ijāza from him.After that, upon his shaykh’s order, he turned back to Simnān and engaged with disciples’ mystical trainings and authoring books. He gained an eminent position in both his order and history of the Ṣūfism, upbringing too many disciples and writing around ninety works. His importance in the Kubraviyya rooted firstly in the fact that the extant sub-branches of the order have him in their silsila (spiritual genealogy). In this regard Simnānī is a key actor within his order. Besides, it is significant that he had great impact on the founders of two branches of the Kubraviyya, i.e. Sayyid ʿAlī Hamadānī (d. 786/1385) and Muhammad Nurbakhsh (d. 869/1464) that indicating his influence among the order itself. When examined from the angel of the history of the Ṣūfism, the most apparent and distinctive point regarding Simnānī is his criticism against Ibn ʿArabī (d. 637/1240) on the problem of being. Notwithstanding, his supreme contribution to the Ṣūfism is his doctrine of latāif, which particularly influenced Pārsā (d. 822/1240), a leading disciple of the founder of the Naqshbandiyya. Likewise his mystical experiences and thoughts on rijāl al-ghāib had also influenced subsequent Ṣūfīs. His thoughts on the problem of khawātir, which is crucial component of Kubravī path, and detailed information given in his books regarding the lights (anwār) and the truth of nūr as well as his explanations about the situations experienced during the manifestation of God can be listed among his contributions to the history of the Ṣūfism.Simnānī who wrote on various problems of Ṣūfism, dealt with the problem of the Hereafter in the context of his understanding of initiation. For the world cannot be disunited from the Hereafter, as his understanding of the Hereafter is examined, his view of the world is studied as well. With reference to the presupposition that there are three distinct dimensions of the world, Simnānī says that man’s relationship with the world should be differentiated according to following three aspects: the world’s being a plantation for the hereafter, the world’s being a place that should be abandoned and the world does not have a reality. According to him the hereafter is a continuous moment, whereas the worldly life is bound by the past and the future. Since the past and the future do not have a real being, hence the world as well does not have real being. Simnānī embraces the death and the Doomsday in an intertwined fashion in the context of his own understanding of mystical training. Approvingly the consensus of the Ṣūfis, he divides the death into two: necessary and voluntary. And he divides the Doomsday into three: big, middle and small. According to this, the wayfarer who has weakened his soul’s evil attributes via the voluntary death observes the situations of the small doomsday. Thereby the wayfarer who observed everything that is depicted in the Quran that will be experienced after the necessary death, gains time to take necessary precautions before the necessary death, which is irremediable. Another issue that Simnānī raises regarding the Doomsday is the sorts of the Doomsday. Based on the different names of the Doomsday, he says that there are different doomsdays each of which is related with one of the latāif situated among human faculties. Ultimately salvation from those doomsdays is possible with a different good deed. Another point that Simnānī comes up with is the problem of existence of the paradise and the hell today. He thinks that the paradise and the hell both exist today, with reference to his own kashf. He relates this narrating the verses and the traditions, which support his view. Besides, he accepts that there are two paradises and hells, one is inside the human nature and the other is out there. According to Simnānī, entering the outer paradise without observing one’s inner paradise is nonsense. This is possible only through a spiritual journey from one’s external being into his/her internal being. In the end, this can only be accomplished via the voluntary death. (shrink)

Politics is among the most important concepts of al-Fārābī’s philosophy. For him, real happiness can only be achieved in a virtuous society and a virtuous society appears only in a regime led by the first chief. The most important feature of the first chief is that he communicates with the Active Mind. Religion is considered by al-Fārābī as the regime and life style implemented by the first chief in a virtuous society. This study tries to present how al-Fārābī perceives religion (...) philosophically and what is the need for religion in terms of making the laws required in the social life. From this point of view, we tried to reach the aspects of the relationship between religion and law. Furthermore, metaphysical foundation of laws and the role of the philosopher and prophet at the point of law-making were the other issues addressed. The features of the laws which will lead to this supreme goal and by whom they should be made as well as how they can be implemented and changed within the historical process were addressed. The place of Islamic law (fiqh) in the virtuous society was another aspect of the subject that was investigated. (shrink)

Qutayba ibn Muslim al-Bāhilī is one of the leading soldier-bureaucrats of the Umayyads period. During the time he served as the governor of Khurāsān, he consolidated the Umayyad’s rule in Tokharistan and Transoxiana provinces, and expanded the borders of the state to China by conquering the Kashgar region. His activities for conversion of the people of the conquered regions have great importance in the history of Islam since the intense relations of the Turkish people with Islam fell upon the time (...) of his governorship. It is possible to argue that by introducing the religion to these people Qutayba had played an important role in their conversion to Islam. It is also known that he had sent a delegation to the emperor of China for the same purpose. However, despite all his achievements, it is seen that the academic studies about Qutayba in our country are very rare. Besides, some of the recent studies about him claim that he was a fraud, a trickster, and an untrustworthy person in his military activities; and had committed mass murders and massacres, persecuted innocent people, destroyed and burned the cities of conquered lands. In this article, it is examined that whether these claims and accusations have their justifications or not by consulting the main sources. In fact, what is expected from constructive criticism in this subject and every other area is to clarify the matter and make it more comprehensible of its context. However, it should not be forgotten that some conclusions over Qutayba in these studies might have been drawn to quickly in order to manipulate the conquest movements of the Umayyad period.Summary: The religious interaction and change taken place in the Arabian Peninsula with the emergence of Islam and with the political, military and cultural activities of the Muslims performed during the periods of Prophet Muhammad and the Rāshidūn (rightly guided) Caliphs had significant effects upon the lands of Iraq, Syria, Egypt and Khurāsān where the ancient civilizations located.The success made by the Muslim-Arabs in such a short time is accepted of course as one of the important events of world history. The message of Islam spread rapidly with their extraordinary efforts, and reached quickly in the early days of Islam to the Amu Darya/Oxus River, which is considered to be the natural border between the Iranians and the Turks (Iran and Turan).Although the Turks who had been struggling to dominate the region for centuries gained an opportunity with the disappearance of the Sasanian Empire from history, they could not take advantage of this new situation because of their lack of political unity and a strong state, and the power held by the regional Turkish Sultans were not enough to make their dominance happen. In this conjuncture, the Muslim-Arabs who appeared in the stage of history in a relatively late period but had the ideal of being a regional and a global power had rapidly realised their political and military activities called “conquest” in the Islamic historical sources. When it comes to the period of Caliph ʿUthmān, it is seen that the conditions were very suitable for passing to the east of the Oxus River where the Turkish elements lived intensively. At the time, the absence of a strong Turkish state in the region, and China’s occupation with its own internal problems made an important contribution for the Muslim-Arab capture of the region. In this region, which is called as “Transoxiana” in the Arabic sources, it is seen that the Turks organized their political structures as city-states and regional sultanates. In the north-eastern parts of this region, there was a strong Turkish State called the Turgish State and it provided political and military support to the people of the region who rebelled occasionally the Umayyads.After solving the internal problems of the state largely and suppressing some dangerous revolts, the Umayyad Caliph ʿAbd al-Malik ibn Marwān became capable of initiating military activities beyond the borders of the state. Nevertheless, the period when the actual conquests were made was the period of his son Walīd (86/705-96/715). It is seen that the conquests made in his time were permanent, and the people who lived in the conquered lands accepted Islam to a large extent. The conquest made during Walīd’s time which extended from Kashgar to the Pyrenees, realised at an unprecedented pace. The most important name for the eastern side of the conquests is undoubtedly Al-Ḥajjāj ibn Yūsuf. Ḥajjāj (75/694-95/714) who acted as the supreme governor of Iraq for nearly twenty years, had achieved important successes in the regions of Transoxiana and Sindh located in the eastern part of the country by the hands of his appointed governors. However, many governors appointed by him to Khurāsān from 75/694 to 86/705 with the hope of reaching his goals in the east could not meet his expectations because of the political, social and economic problems that existed throughout the country, and because of the resulting rebellions in the regions that these problems caused.These unwanted conditions continued to be seen in the region until he appointed Qutayba ibn Muslim as the governor of Khurāsān (86 / 705-96 / 715) who was one of the young commanders and administrators educated by Ḥajjāj personally. Qutayba known as having a close relationship with Ḥajjāj and consulting him when taking important decisions acted in this direction throughout the time he stayed in this position.It is known that the internal conflicts in the region continued during the time when Qutayba was appointed as the governor of Khurāsān. However, he had brought together northern and southern Arabian tribes living in the region with religious, political and economical suggestions and had succeeded in persuading them for military activities that he decided to operate beyond the Oxus. For the Umayyads, these military operations were justified, because the regional sultans who ruled in the western and eastern sides of the Oxus repeatedly violated the agreements they had made before. The tendency of the people of Turkic, Iranian, and Tajik origin who were the real owner of these lands and lived in both sides of the rich Oxus basin for many centuries to violate these agreements was in fact result of a great concern. They now realized that the Muslim-Arabs who followed a systematic settlement policy in the region came to their lands this time without any intention of going back. Even though Qutayba followed a fair and reasonable policy towards them, they violated their agreements with him, formed alliances among themselves and waged military campaigns against Qutayba not to be the subjects of any change in their religion, worldview, and perception of existence.Qutayba, who is believed to have spent his its utmost efforts to make the religion of Islam and the Umayyad political cause permanent in the region under these unfavourable conditions, has been recently criticized by some researchers. The criticisms intensify around the claims that he persecuted people, committed massacres, and behaved unfaithfully by breaking his promises that he made with people. From the perspective of our own times, it is possible to think that sometimes he had taken extreme measures in punishing the sultans and the persons who raised armed struggles against him and caused riots by violating the agreements. However, when the period is compared with the others, it can be easily said that the Umayyads showed in these and other remote areas a considerable amount of tolerance that they had never shown it in their internal conflicts. It is a known fact that he generally clashed with the ones who disrupted agreements, sought help from external forces, established alliances against them, and refused to pay taxes. Based on historical sources, it does not seem to be possible to say that while doing these activities in the region, Qutabya did not behave entirely in a way that his behaviour could be classified as massacres committed against innocent civilians. On the contrary, it is known that Qutayba had given many chances to the people of the region in administrative and military affairs. As a matter of fact, he ruled the city of Bukhara for 20 years with a Turkish ruler whom he appointed and supported, and he included in his army a union of twenty thousand cosmopolitan soldiers assembled from the people of Bukhara, Baykend, Chach and Samarkand and paid a regular salary to them.The fact that his grave known as the “Imam Shaykh Qutayba Tomb” was turned later into a shrine and visited by the people even today despite the passage of long centuries after his death shows that he has been loved by the people of the region and that they have always considered him as a conqueror-bureaucrat who spent his life for the ideals of his religion. (shrink)

ESPAÑOL: Similar a Baehr v. Miike en Hawaii (1993), Goodridge fue la primera decisión de un tribunal supremo estatal en Estados Unidos que concluyó que las parejas del mismo sexo tienen derecho al matrimonio. La traducción contiene los segmentos más importantes de Goodridge. ENGLISH: Similar to Baehr v. Miike in Hawaii (1993), Goodridge was the first time a state Supreme Court in the United States ruled that same-sex couples have the right to marry. The translation (English to Spanish) contains Goodridge’s (...) key passages. (shrink)

The paper puts forward that the basic principle of Wittgenstein’s Tractatus (4.0312) transforms the supreme principle of all synthetic judgments a priori in Kant’s Critique of Pure Reason (A158/B197) from a level of reason to the level of language. Both philosophers, Kant and Wittgenstein, put forward a transcendental principle and both hold a formal identity true, Kant an identity between the form of experience and the form of the object of experience, Wittgenstein an identity between the form of a sentence (...) and the form of a fact. (shrink)

La philosophie de M. Heidegger, encore en plein développement, ne peut pas être présentée dans un simple système. Dans ses dernières publications, M. Heidegger insiste sur la différence et la distance qui existent entre Etre et les « étants » . Pourtant cet Etre a besoin de s'installer en sa vérité dans les « étants ». L'histoire de la métaphysique occidentale est l'histoire de l'oubli de l'Etre, du subjectivisme et du nihilisme. Cette négligence trouve quand même son origine dans l'Etre (...) lui-même. L'Etre est infini et en même temps, dans son essence, fini. M. Heidegger veut ainsi indiquer que la différence entre l'Etre et tout ce qui est ne peut être comprise par une dialectique quelconque. L'Etre se soustrait à la logique de la raison humaine. Il n'est pas un fondement ni un « étant » suprême, ni une base métaphysique), mais un processus mystérieux de s'ouvrir, c'est-àdire arriver et disparaître dans l'horizon du temps. Quand l'homme se vainc comme subjectivité, il se place dans cette ouverture, cette transcendance pure qui manifeste l'Etre. Il surmonte les « étants » délimités, se rendant compte de leur stabilité falacieuse. Ici, tout ce qui est se montre dans sa particularité, dans le secret de sa contingence et se trouve ainsi dans le cercle lumineux de l'Etre. (shrink)

The main purpose of this article is to discuss what the Ismāilīs, unlike other Muslims, say about the fall of Adam to earth or the reason why man is on earth. In this study in close relation to the subject the hierarchy of existence and the concepts of hadd/hudûd and tawhid that emerge in this context are principally emphasized, for in Ismāilism the emergence of worlds and all kinds of existence occur according to a certain hierarchy. This hierarchy is also (...) seen as the criterion for determining the divine limits to be obeyed. In this context, a crucial term of hadd or hudûd in its plural form refers to the degrees of all beings, ordered from simple to complex, in their divine station. Parallel to this teaching, the fault Adam committed in eternity is regarded as a kind of crossing the line, for he did not show the required devotion to those who are superior to him. In this context, another important concept dealt with in the article in connection with the subject is tawhid, the Oneness of God, for it should not be forgotten that the Prime Intellect invites the entire Realm of Creation to accept the Oneness of the Creator. The most important rule of responding to this invitation is that creatures in both worlds are to recognize and obey those who are superior to them in order to wake to the principle of tawhid and thus attain perfection. It is emphasized in the article that two forms of explanation, one of which can be considered representative and the other philosophical, come to the fore in Ismāilī classical sources on the subject of Adam's fall to earth. In representative narratives the reason for Adam's being on earth is explained as regaining the position he lost due to the fault he committed in the eternal world. This fault was committed by the spiritual Adam, who represents the whole humanity, not the physical one, and actually symbolizes the defectiveness of Nafs (psyche). The story of Adam's exit from Paradise, which takes place in the Qur’ān, is also interpreted in accordance with this narrative, whereas in more compatible explanations with the philosophy of Neoplatonism, the development of Nafs (psyche) is at the core. Nafs is incomplete because it emerges into the realm of existence after the Intellect. Due to this, the reason orlde creation of the material orld is to make Nafs better with knowledge and wisdom and to ensure its ultimate development. In this case, Nafs realizes itself through Adam, who is its supreme representative on earth. The reason why cosmos initially starts its movement is basically this imperfection of Nafs. Hereby, in both elucidations in the article, it is stated that the emphasis is on the faultiness of nafs. In other words, Nafs or Adam, its earthly form, experiences a loss of station and falls into timely existence due to a deficiency caused by distance from God. For this reason, in order for Nafs to mature or for Adam to regain his original station, the material world must exist and a seven-stage process must be experienced. (shrink)

Undoubtedly, religion is the most important element in the life of nations. Arab, Persian and Turkish nations have experience dvery important changes and developments in the socialfield with the acceptance of Islam. Inordertomaketheirlives in accordance with the supreme principles of religion, they gradually gave up their ancient traditions, which did not comply with the orders and prohibitions of the religion of Islam, The Change That Took Place in social life was also reflected in the works produced in the field of (...) literature and art. It is possibletoseethatwiththe acceptance of Islam, newliterarygenresemergedaroundthe life of the Prophet and in this context, literary genres such as Hundred Hadith, Forty Hadith, Regâibiyye, Şefaat-nâme, Esmâ-ı Nebî were written. One of these species is the hilyes that deal with the life and physical characteristics of the Prophet and enable him to reach then extgenerations. They contain important information about the external features of the Hz. prophet at a time when the description was not appropriate, and present them in a visual richness for those who did not see the prophet in later periods. According To Sources, the poet's real name is Bedreddin Ömer Vanî, his birthdate is 1074/1664 and his death date is 1126/1714. Although There is noin form ation about his education life in the sources, he was known as a scholar and a virtuous person during his lifetime. As a person who knows enough Arabic, Persian and Turkish to write poem in these languages, it is mentioned in the sources that he has Works belonging to different disciplines outside the field of literature. In This Study, firstly, general information about the literary genre of hilye is given. Thenamesand Poets of the hilye worksortextswritten in verse whichareseparateorincluded in different works in Turkish Literature Mentioned. Information about the life and works of Bedreddin Ömer, the poet of the work, is given. Detailed Information in terms of form andcontentaboutthis hilye-typeworkwrittenbythepoet is given. Inthelastpart, the hilye text in Arabic wastranscribedan translated into Turkish. (shrink)

De ce este importanta familia? Care este statutul moral al copiilor si cine are ce responsabilitati fata de ei? Ce este consimtamintul si care sint conditiile in care este valid? Care ar trebui sa fie rolul religiei in dezbaterile publice dintr-o societate democrata? Cum ar trebui sa fie gestionate inegalitatile sociale create de mosteniri? Ar trebui ca vaccinarea sa fie obligatorie? Este legitim sa fie cenzurate anumite forme de discurs? Avem datoria sa votam si, daca da, care sint considerentele morale (...) care ar trebui sa ne ghideze votul? In aceasta carte analizam teme precum cele de mai sus, folosind atit metodele filosofiei analitice, cit si abordari interdisciplinare. Printr-un efort colectiv, conectat la spatiul romanesc, ilustram felul in care etica aplicata poate contribui la intelegerea problemelor morale ale lumii actuale. Speram ca textele incluse in aceste pagini sa fie de folos in reflectia asupra moralitatii alegerilor noastre individuale si colective. (shrink)

The right to conscientious objection in the provision of healthcare is the subject of a lengthy, heated and controversial debate. Recently, a new dimension was added to this debate by the US Supreme Court's decision in Burwell vs. Hobby Lobby et al. which effectively granted rights to freedom of conscience to private, for-profit corporations. In light of this paradigm shift, we examine one of the most contentious points within this debate, the impact of granting conscience exemptions to healthcare providers on (...) the ability of women to enjoy their rights to reproductive autonomy. We argue that the exemptions demanded by objecting healthcare providers cannot be justified on the liberal, pluralist grounds on which they are based, and impose unjustifiable costs on both individual persons, and society as a whole. In doing so, we draw attention to a worrying trend in healthcare policy in Europe and the United States to undermine women's rights to reproductive autonomy by prioritizing the rights of ideologically motivated service providers to an unjustifiably broad form of freedom of conscience. (shrink)

NOT all groups that the United States government classifies as terrorist organizations are equally bad or dangerous, and not all information conveyed to them that is based on political, academic or scientific expertise risks harming our national security. Unfortunately, the Supreme Court, which last week upheld a law banning the provision of “material support” to foreign terrorist groups, doesn't seem to consider those facts relevant.... The two of us are social scientists who study and interact with violent groups in order (...) to find ways out of intractable conflicts. In the course of this work and in our discussions with decision makers in the Middle East and elsewhere we have seen how informal meetings and exchanges of knowledge have borne fruit. It's not that religious, academic or scientific credentials automatically convey trust, but when combined with a personal commitment to peace, they often carry weight beyond mere opinion or desire.... In our own work on groups categorized as terrorist organizations, we have detected significant differences in their attitudes and actions. For example, in our recent interactions with the leader of the Palestinian militant group Islamic Jihad Ramadan Shallah, we were faced with an adamant refusal to ever recognize Israel or move toward a two-state solution. Yet when we talked to Khaled Meshal, the leader of Hamas, he said that his movement could imagine a two-state “peace”. In our time with Mr. Meshal's group, we were also able to confirm something that Saudi and Israeli intelligence officers had told us: Hamas has fought to keep Al Qaeda out of its field of influence, and has no demonstrated interest in global jihad. Whether or not the differences among Al Qaeda, Islamic Jihad, Hamas and other violent groups are fundamental, rather than temporary or tactical, is something only further exploration will reveal. But to assume that it is invariably wrong to engage any of these groups is a grave mistake.... (shrink)

RESUMEN Para Hegel, el rendimiento supremo del pensamiento consiste en hallar un terreno en el cual se pongan en evidencia las dimensiones primarias de la realidad. Por esta vía consigue desarrollar uno de sus planteamientos más interesantes en la Ciencia de la lógica, a saber, el concepto de realidad efectiva. Este artículo elabora esa visión de la realidad comentando cuidadosamente lo que Hegel desarrolla allí. Al final muestra que la realidad absoluta es a la vez diferenciación en multiplicidades existentes e (...) inversión de esa contingencia en absoluta necesidad, es decir, se pone como contingente para recuperarse a sí misma en la necesidad. ABSTRACT For Hegel, the supreme performance of thought consists in finding a terrain in which the primary dimensions of reality become evident. In this way, he develops one of his most interesting approaches in the Science of Logic, namely, effective reality. This article elaborates this view of reality by carefully commenting on what Hegel develops therein. At the end, he shows that absolute reality is both differentiation into existing multiplicities and inversion of that contingency into absolute necessity, i.e., it sets itself as contingent in order to recover itself in necessity. (shrink)

The 2000 U.S. presidential election was one of the most bizarre and fateful in American history. Described in books as a “deadlock,” “thriller,” “the perfect tie,” and even “Grand Theft 2000,” studies of the election have dissected its anomalies and scandals and have attempted to describe and explain what actually happened.1 In this study, I will analyze how the turn toward media politics and spectacle in U.S. political campaigns and the curious and arguably archaic system of proportional voting in the (...) U.S. tilted the campaign toward George W. Bush and were prejudicial to the election of Al Gore. Gore received over 540,000 votes more than Bush, but because of the U.S. system of proportional voting won less electoral votes and lost the crucial state of Florida. In this chapter, I will argue that media representation of the two candidates and the anomalies of the U.S. system of proportional representation in an arguably archaic Election College were major factors in the highly controversial ascent to the presidency of George W. Bush. Of course, the U.S. Supreme Court decision directly decided the election results and the story of Election 2000 is highly complex and contested. Yet focus on the media in the election and problems with the system of proportional representation provide revealing lenses on the events of the 2000 election and call attention to major problems in the U.S. system of representational democracy. (shrink)

Der Jenenser Philosoph Heinrich Köhler versucht in seinen Exercitationes Juris Naturalis, eiusque cumprimis cogentis, methodo systematica propositi eine rationalistische Begründung des Naturrechts auf der Basis der Metaphysik von Gottfried Wilhelm Leibniz. Die Rekonstruktion dieser metaphysischen Begründung, die mit dem Aufweiß der Erkennbarkeit des obersten Prinzips des Naturrechts rein aus der Vernunft zusammenfällt, ist Gegenstand der vorliegenden Studie. Ausgehend von der Identifikation jenes Erkenntnisgrundes mit der Natur des Menschen zeigt sich vermittels einer Analyse der von Köhler in Anschlag gebrachten Methode, daß (...) diese Begründung unter Ausschluß bloßer empirischer Erkenntnis auf einen metaphysisch fundierten teleologischen Begriff der menschlichen Natur führt. Der verpflichtende Charakter des Naturrechtsprinzips erwächst demnach daraus, daß seine Achtung dem Menschen eine artgemäße Existenz aller erst ermöglicht. Vor diesem Hintergrund erweist sich auch die Schwäche einer solchen Theorie bei der Beurteilung einzelner Handlungen als moralisch, auf die Alexander Gottlieb Baumgarten in seinem Ius Naturae indirekt und kritisch aufmerksam macht. In his Exercitationes Juris Naturalis, eiusque cumprimis cogentis, methodo systematica propositi , the Jena philosopher Heinrich Köhler attempts to provide a rational foundation for natural law based on Gottfried Wilhelm Leibniz's metaphysics. This paper examines a reconstruction of this metaphysical foundation, which coincides with demonstrating that pure reason can recognize the supreme principle of natural law. Assuming that this recognition can be identified with human nature, an analysis of Köhler's methodology shows that if mere empirical recognition is excluded his foundation leads to a metaphysically based teleological concept of human nature. The principle of natural law imposes obligations because only through respecting it can a human being live in a manner adequate for his species. Against this background, the weakness of this type of theory for determining whether an act is moral becomes apparent, which Alexander Gottlieb Baumgarten indirectly and critically notes in his Ius Naturae. (shrink)

The article first shows how Kant's universal law of Right can be derived from the supreme principle of the doctrine of morals . Furthermore, the relationship between the supreme principle of the doctrine of virtue and the supreme principle of the doctrine of morals is shown to be one of specification. Establishing particular duties of virtue on the basis of the supreme principle of the doctrine of virtue consists of the a priori determination of ends, the adoption of which is (...) a duty for human beings in relation to others and to themselves. This determination is accomplished by connecting the formal principle of the moral possibility of maxims with the prohibition against indifference toward humanity as the capacity to set ends. The supreme principle of all duties of virtue therefore can be seen as an additional, substantive moral principle. In the second part of the article, the derivation of a specific duty of virtue, namely the duty of beneficence toward those in need of help, as a duty of love, provides an example. The third and final part deals with Henry Allison's criticisms of Kant's arguments in support of obligatory ends. Die Abhandlung zeigt zunächst, wie Kants allgemeines Rechtsgesetz aus dem obersten Moralprinzip hergeleitet werden kann. Ebenso wird das Verhältnis des obersten Prinzips der Tugendlehre zum obersten Prinzip der Sittenlehre als das einer Spezifikation bestimmt. Die Begründung besonderer Tugendpflichten aus dem Prinzip der Tugendlehre besteht nun in der apriorischen Bestimmung von Zwecken, die zu haben für den Menschen im Verhältnis zu sich und anderen Pflicht ist, aus der Verbindung des formalen Prinzips der moralischen Möglichkeit von Maximen mit dem Indifferenzverbot gegenüber der Menschheit als Vermögen der Zwecksetzung überhaupt. Das oberste Prinzip aller Tugendpflichten kann also als ein zusätzliches, materiales Moralprinzip angesehen werden. Im zweiten Teil wird eine bestimmte Tugendpflicht, die Liebespflicht der Wohltätigkeit gegenüber Hilfsbedürftigen, beispielhaft abgeleitet. Der abschließende dritte Teil setzt sich mit Henry Allisons Einwänden gegen Kants Begründung obligatorischer Zwecke auseinander. (shrink)

Ethics is based on moral principles that should be the foundation for every healthcare decision, however, ethical concepts can often be challenging to define in specific clinical scenarios. There are several instances where a practising clinician often finds it difficult to make a proper decision despite maintaining integrity and professionalism. The objective of the present study was to explore the ethical dilemma faced by orthodontists practicing in Saudi Arabia concerning orthodontic treatment. This was a questionnaire-based cross-sectional study that was adapted (...) from the scenarios of ethical dilemmas presented by Jerrold in 1998. Ten orthodontists from each province of Saudi Arabia were requested to participate in this study and the questionnaire were sent through email and their responses were analysed. A total of 37 responses were obtained (out of 130) with a response rate of 28.46%. Among them 23 were female and 14 were male. Most participants belonged to the age group 30–39 years and most of them have clinical experience of more than 5 years. There was a wide variation in the responses among the participants in all the scenarios presented. The median likelihood of getting similar scenarios in their clinical practice in Saudi Arabia ranged from 3 to 3.5. There was a wide variation in the opinion among the practising orthodontists in Saudi Arabia in the scenarios presented. The presented scenarios are less likely to be perceived in the local context and some new situations of ethical dilemmas are identified. (shrink)

Das logische Problem des Übels gilt weitgehend als gelöst, weil es zumindest logisch möglich zu sein scheint, dass alles Leid und jeder Schmerz in der Welt zur Erlangung von höherwertigen Gütern logisch notwendig ist. Doch diese Sicht ist widerlegt, wenn es auch nur einen einzigen Schmerz oder ein einziges Leid gibt, bei dem es nicht möglich ist, dass dieser Schmerz oder dieses Leid zur Erlangung eines höherwertigen Gutes logisch notwendig ist. Und die Aussichten, einen solchen Fall zu finden, sind nicht (...) schlecht. Wenn Kant Recht hat, dass Menschen niemals nur als Mittel gebraucht werden dürfen, ist z.B. jedes Leid und jeder Tod eines unschuldigen Kindes durch kein Gut der Welt zu rechtfertigen. Jedes Wesen, das den Tod eines solchen Kindes um eines anderen Zieles willen in Kauf nimmt, handelt unmoralisch und kann daher nicht im christlichen Sinne allmächtig, allwissend und allgütig sein.Many philosophers think that the logical problem of evil is dissolved since it is at least logically possible that all pain and all suffering in this world is logically necessary for the attainment of a more valuable good. This view, however, is refuted if there is at least one pain or one suffering that can be shown not to be logically necessary for the attainment of a more valuable good. And the prospects for finding such an evil are not bad. If Kant is right that no person is ever be treated only as a means the suffering and death of an innocent child cannot be justified by any good in the world. A being who accepts the death of an innocent child for the attainment of whatever good is acting immorally and, therefore, cannot be all-powerful, all-knowing and supremely good as the Christian god is supposed to be. (shrink)

For quite a while homo religiosus has been marginalized and trivialized by homo techno-economicus, which gives more emphasis to the corporal and material dimensions of humanity. The negative effects of the techno-economicus paradigm engender the reemergence of homo ecologicus, which offers wisdom of life. Homo ecologicus has also been quite marginalized from the life of humanity. The reemergence of homo ecologicus, in turn, would give a new hope for the reemergence of the face of the homo religiosus, because of its (...) interrelated characteristics with the homo ecologicus. In fact, humans can be called homo eco-religiosus. The close tie between the two needs to be investigated more deeply with the help of philosophy. But, the philosophy we need is not just a Cartesian analytical philosophy, which means a merely intellectual exercise in the public domain. What we need is a philosophy as a philo sophia, love for wisdom, which will lead to an exercise of both feelings and soul in the private domain. Keywords: Homo techno-economicus (techno-economic humans), homo ecologicus (ecological humans), homo religiosus (religious humans), homo eco-religiosus (eco-religious humans), modernitas (modernitiy), religiositas (reli- giosity), filsafat (philosophy), cinta kebijaksanaan (love for wisdom), Henryk Skolimowski. (shrink)

Una de las características de la función jurisdiccional, como potestad-poder del Estado, es la interpretación del ordenamiento jurídico y aplicarlo a la resolución de un caso concreto; es decir, el juez, al momento de impartir justicia, deberá realizar un análisis de la norma jurídica que pretende aplicar para dotarla de un sentido concreto y práctico. Es por ello que se puede afirmar que la interpretación judicial cumple una función innovadora del derecho, ya que el juez con éstas al dictar sentencia, (...) puede modificar el ordenamiento jurídico. El presente trabajo tiene como fin exponer que, por vía jurisprudencial, la Sala Constitucional del Tribunal Supremo de Justicia consideró necesaria la creación de un recurso autónomo de interpretación de normas constitucionales, lo cual trajo como consecuencia inmediata, la desestabilización de nuestro estado de derecho. Palabras clave: interpretación constitucional, interpretación de la constitución, Constitución, función jurisdiccional, recurso de interpretación Constitutional interpretation and interpretation of the constitutionThe fundamental aim of the State’s jurisdictional function is to interpret the legal system in order to apply it for solving concrete cases. The judge, when meting out justice, is to analyze the legal norm he intends to apply; he is to give it a concrete and practical sense. This is why it is said that legal interpretation is an innovative function of law, since the judge, upon issuing judgment, can whereby modify the legal system. This work aims to show that the Constitutional Division of the Supreme Court of Justice deemed necessary to create, by means of jurisprudence, an autonomous recourse of constitutional norm interpretation, which nevertheless has no legal grip whatsoever. This immediately brought about the destabilization of our state of law, along with the corresponding legal insecurity Keywords: Constitutional Interpretation, Interpretation of the Constitution, Constitution, Jurisdictional Function, Interpretation Recourse. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:diacritics 35.4 (2005) 23-41MuseSearchJournalsThis JournalContents[Access article in PDF]"With Conscious Artifice" Auden's Defense of MarriageSusannah Young-ah Gottlieb1 "Auden Said That?"The greatest lesson of life comes from Auden—sort of.In Mitch Albom's Tuesdays with Morrie: An Old Man, A Young Man, and Life's Greatest Lesson, a line attributed to Auden forms the lesson around which the "runaway bestseller" revolves. As the first paragraph of the book explains and the last paragraph repeats, (...) the book recounts a pedagogical encounter between Mitch and a retired Brandeis professor of Social Psychology, Morrie Schwartz, who is dying of ALS: "The last class of my old professor's life took place once a week in his house, by a window in the study where he could watch a small hibiscus plant shed its pink leaves. The class met on Tuesdays. It began after breakfast. The subject was The Meaning of Life" [Albom, 1, 192]. Several years earlier Mitch had written his senior thesis under Morrie's direction. Upon learning of Morrie's condition from an episode of Nightline entitled "Life's Lessons," Mitch visits his dying teacher and finds his own feelings of "confusion and depression" [44] healed under Morrie's tutelage. From the first "class" of their renewed relationship Morrie emphasizes that contemporary culture condemns those under its influence to a "meaningless life" [43] and that the confusion Mitch experiences belongs to the entire era—and so, too, an urgent need for clarity. Mitch, in turn, sees in Morrie someone who, by virtue of his life-affirming wisdom and his proximity to death, can identify those "important things" that can fill the cultural vacuum about which he, as a sports reporter, knows all too well. On the fifth of their unofficial Tuesday "office hours," Morrie begins to fulfill his former student's expectations. Clarity comes in an imperative the old professor attributes to Auden:"Love is so supremely important. As our great poet Auden said, 'Love each other or perish.'""Love each other or perish." I wrote it down. Auden said that?[91]The line in question could scarcely be clearer, for it represents life in terms of a stark decision: love or death. Despite the simplicity of this choice, however, the scene is curiously complex, as if Mitch, against his explicit intentions, wants to dampen the effect of Morrie's wisdom. That Mitch writes down the line "Love each other or perish" is itself odd—even more so that he writes that he writes it down. As the beginning of the chapter explains at length, the conversation is being recorded, so that all of Morrie's wisdom may be preserved. The act of writing under these circumstances is less a sign of confidence in the supreme importance of the quotation in question than an indication of a degree of unresolved confusion: "Auden said that?" The confusion in this case cannot be attributed [End Page 23] to contemporary culture; rather, it consists in certain philological problems of citation: is Auden the author of the line, and if so, is it correctly rendered? Perhaps under the direction of another Brandeis professor, Mitch had learned and retained the famous last line of the penultimate stanza of Auden's "September 1, 1939": "We must love one another or die."1 Perhaps Mitch, or his publisher, having done some research, wants to signal an awareness of Morrie's misquotation but nevertheless remain faithful to the exact words of his teacher. And in any case who would care about such matters when something of great importance, indeed "life's greatest lesson," has just been articulated?Mitch's curiously inappropriate question does not, however, altogether disappear from Tuesdays. In response, Morrie does not so much insist on the accuracy of the quotation as on its goodness and truth:"Love each other or perish," Morrie said. "It's good, no? And it's so true. Without love, we are birds with broken wings."Say I was divorced, or living alone, or had no children. This disease—what I'm going through... (shrink)

Developing and applying a framework for understanding the complexities of economic and legal considerations in two recent Supreme Court rulings was the focus of this research. Of especial concern was the protection of intellectual property in the pharmaceutical industry. Two cases from 2013 were selected: FTC v. Activis and Association for Molecular Pathology v. Myriad Genetics, Inc.. Part of the rationale for the selection was the importance of the Supreme Court rulings and the importance of the pharmaceutical sector. A qualitative (...) content analysis of the Court’s reported decision in each case was analyzed. Since ethical considerations may or may not be consistent with efficiency considerations of plaintiffs, defendants, or the courts, both efficiency and ethical arguments were included. Equally important to the understanding of the economic and ethical issues in the two above- mentioned cases was the development of a rationale for including and excluding a variety of ethical theories, ultimately influenced by Markkula Center For Applied Ethics Of Santa Clara University and Schumann :93–111, 2001). The refinement and use of a levels analysis approach portrays societal, organizational, and individual impacts, and allows for deeper understanding of litigated cases, irrespective of the country in which the litigation takes place :385–393, 2004; Foss et al., J Manag Stud 47:455–482, 2010). A rationale for this framework is the societal and organizational impacts on the myriad of stakeholders in the pharmaceutical sector. We suggest that this framework can be applied to other industries and other complex conflicts among stakeholders as well. (shrink)

The Patient Protection and Affordable Care Act of 2010 is the law of the land. But it faces an uncertain future.During congressional deliberations on the 2,700-page legislation leading up to its enactment, from February to March 2010, not one major survey recorded majority support for the legislation. Since its enactment, popular opposition to the Affordable Care Act has hardened, and was a significant factor in the 2010 congressional election, in which Democrats lost 63 seats and Republicans regained the majority in (...) the House of Representatives. Ballot initiatives in Missouri and Ohio, showcasing popular opposition to the individual mandate, passed in 2010 with overwhelming majorities. While the United States Supreme Court in National Federation of Independent Business et al. v. Sebelius, 132 S. Ct. 2566, declared the mandate on the states to expand Medicaid unconstitutionally coercive, the majority of the Justices also upheld the individual mandate as a permissible tax. The new law thus emerged as a central topic in the 2012 election. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Natural Law and Thomistic Juridical Realism: Prospects for a Dialogue with Contemporary Legal Theory by Petar PopovicPius Pietrzyk O.P.Natural Law and Thomistic Juridical Realism: Prospects for a Dialogue with Contemporary Legal Theory. By Petar Popovic. Foreword by F. Russell Hittinger. Washington, D.C.: The Catholic University of America Press, 2022. Pp. xv + 307. $75.00 (hardcover). ISBN: 978-0-8132-3550-9.About a decade ago the former Cardinal Archbishop of Chicago, H. E. (...) Francis Cardinal George, one of the great theologian bishops of the American episcopate, issued a letter on a piece of pending legislation in the state of Illinois. The focus of the letter was on the teaching of the natural law, and why adherence to the natural law required opposition to the proposed legislation. In response, a well-known law professor at a prestigious secular [End Page 710] law school in the state wrote a public response for an online political website. The focus of his argument was to criticize the notion of natural law according to his understanding of the teaching of St. Thomas Aquinas. It is not necessary to describe the details of his argument, other than to say it tended to understand natural law as mere naturalism that evinced a fairly glaring misreading of the Angelic Doctor. That is, the secular legal scholar argued, in essence, that since the activity in question was observable by animals in nature, that it was therefore part of the natural law, and could be defended as a right. To this, a Thomistic sed contra is perhaps the most fitting response.As this story makes clear, there is a great ignorance of what constitutes the natural law in the secular consciousness, even among the most respected of secular legal scholars, to say nothing of the application of the natural law to the juridic world of law and politics. Perhaps the last hurrah of natural law, at least in the American public consciousness, was then Sen. Joseph Biden’s famous grilling of Supreme Court nominee Clarence Thomas on the subject in 1991. Since then, legal positivism has become nearly universal, divorcing legal norms from any realistic understanding of a common human nature. It has become the dominant ideology in America’s legal academies, even if some adherents of natural law remain in positions of authority in the judicial system.Although it has faded from the world of secular law in the United States, the tradition of natural law has retained a firm hold in Catholic thought, especially by that religious order dedicated to the teachings of its most brilliant adherent, St. Thomas. Not only Thomistic natural law, but proponents of the so-called new natural law continue to provide a vibrant source of debate and insight into the understanding of the natural law in evaluating the goodness of human action. Pope John Paul II’s famous encyclical Veritatis Splendor represents the magisterial commitment to the natural law approach in moral thinking, even if some might believe that commitment has weakened in recent years.To a lesser degree, there has remained a strong current of natural law thinking within the currents of legal philosophy in canon law, even if the precise connection between natural law and its juridic instantiation has not always been the focus. Among recent ecclesiastical legal theorists, arguably the most influential proponent of a robust natural law approach to legal philosophy was the Spanish canonist Javier Hervada Xiberta, and especially his Introducción crítica al derecho natural, currently in its tenth Spanish edition. A disciple of Jose Maria Escriva’s Opus Dei movement, Hervada was a long-serving and internationally respected dean of the School of Law in Navarre. Through his teaching and the various journals he founded, he insisted on the link between law and justice—lex and ius. Hervada was firmly convinced of the realism of law: law is nothing less than the ipsa res iusta. That notion of ius was not simply an idea, but recognized a real relationship of debt and obligation between persons. [End Page 711]In this, Hervada saw himself as the proponent not of some novel theory, but merely of one... (shrink)

Abortion has been legal in the United States since the Supreme Court's landmark 1973 ruling in Jane Roe, et al. v. Henry Wade, District Attorney of Dallas County. Over the past forty years, however, access to abortion has diminished as states have devised creative ways to regulate and restrict the abortion procedure. In the first half of 2011, state legislators introduced a record number of antiabortion bills. In 19 states alone, 80 laws ranging from mandatory counseling and waiting periods to (...) gestational laws and bans on insurance coverage were passed, a legislative testimony to the incremental successes of the antiabortion campaign. Since 2011, the rapid increase in restrictive... (shrink)

La judicialización de la política argentina abre un hiato entre el creciente activismo en materia política desarrollado por los tribunales de justicia y la tradicional legitimidad atribuida al judicial en tanto que poder conservador de la constitución. Este déficit de legitimidad del poder judicial ha intentado subsanarse mediante el recurso a instancias participativas, inspiradas en el modelo de la democracia deliberativa. Esto ha dado lugar a una serie de innovaciones institucionales en la corte suprema argentina, como la admisión de amigos (...) del tribunal y la celebración de audiencias públicas. La evaluación de estas experiencias permite, sin embargo, identificar una concepción de la participación ciudadana que apunta a la intervención de especialistas y que privilegia la intermediación de abogados y juristas. The judicialization of Argentine politics opens a gap between the activism in political matters developed by the judges and the legitimacy traditionally attributed to the judiciary, as the power in charge of the conservation of the constitution. Recent efforts to supersede this deficit in terms of legitimacy pointed to participatory processes, inspired by the model of deliberative democracy. In this sense, the Argentine supreme court has developed a series of institutional innovations, such as the admission of amici curiae and the holding of public hearings. The evaluation of these experiences allows nonetheless to identify an underlying conception of citizen participation focused on the intervention of specialists and the intermediation of lawyers and legal scholars. (shrink)

The paper reviews anti-Soviet activities of Ivan Hel, a well-known Ukrainian dissident, political prisoner and socio-political figure of the restructuring and independence period of Ukraine. It is pointed out that after returning from long-term confinement he never ceased fighting for restoration of independence of Ukraine and initiated / cofounded a number of informal socio-political organizations which activity was focused on undermining the political system of the Ukrainian Soviet Socialist Republic. It is indicated that the restructuring period set up a new (...) page in I. Hel's political biography as the glasnost and democratization policy resulted in revival of the socio-political life of the UkSSR and allowed to set up a range of informal national-cultural and political organizations which member the Ukrainian dissident was in the second half of the 1980s. Among his closest associates to be mentioned were M. Osadchyi, Igor and Iryna Kalynets, Z. Krasivskyi, V. Chornovil, L, Lukianchenko, Mykhailo and Bogdan Goryn, V. Barladianu et al. It is stated that over the period under research I. Hel cofounded the Ukrainian Helsinki Group - the Ukrainian Helsinki Union, "Memorial", local units of the People's Movement of Ukraine for restructuring, the Ukrainian initiative group for release of prisoners of conscience. Concurrently, I. Hel was an active participant of the so-called 'religious dissidence' - he headed the Ukrainian Catholic Church Protection Committee which activities had an explicit political focus: in addition to the fight for legalization of the Greek Catholic Church in the UkSSR, the organization encouraged dwellers of the region to fight with the imperious regime. A conclusion is made that the peak of I. Hel's socio-political activity fell on the late 1980s - early 1990s. Over that period he was victimized by the Soviet punitive and repressive system for involvement in the so-called 'meeting democracy', participated in elections for the Supreme Council of the UkSSR and the Lviv Regional Council. It is pointed out that I. Hel's political / anti-Soviet activity was aimed at democratization of the existing regime, development of the national patriotic outlook of the local population and breakup of the Soviet Union. (shrink)

Americans believe in the criminal jury as a vehicle of democratic participation as well as a bulwark against state oppression. Racial and gender discrimination poses a threat to the ideal of democratic participation. The vehicle for discrimination is the use of peremptory challenges against candidates for the jury. Since 1986 the Supreme Court has tried to work out rules restricting the use of peremptory challenges. One problem has been the extending application of the principle of non-discrimination to tactical decisions by (...) defense counsel. Another has been the determination of the groups that will be protected under the principle of non-discrimination. The articles criticizes the Supreme Court's ignoring the kind of considerations that motivate lawyers in picking a jury. In the end the conflict is one between egalitarian ambitions and protecting the liberty of the accused. Amerikaner sehen in Geschworenen sowohl Träger demokratischer Mitwirkung als auch ein Bollwerk gegen staatliche Unterdrükung. Diskriminierung in bezug auf Rasse oder Geschlecht stellt eine Bedrohung für das Ideal demokratischer Mitwirkung dar. Ein Einfallstor für Diskriminierung sind die "peremptory challenges" gegen Kandidaten für das Geschworenenamt, das ist das Recht u. a. der Verteidigung, solche Kandidaten ohne Angabe von Gründen rechtswirksam abzulehnen. Seit 1986 hat der Supreme Court versucht, Regeln zu entwickeln, die den Gebrauch der "peremptory challenges" einschränken. Dadurch entstehen Probleme. Ein Problem ergibt sich aus der zunehmenden Anwendung des Diskriminierungsverbots auf taktische Entscheidungen der Verteidigung, ein anderes aus der Bestimmung der Gruppen, die vom Diskriminierungsverbot geschützt sein sollen. Der vorliegende Beitrag kritisiert, daß der Supreme Court es nicht berücksichtigt, von welchen Überlegungen Anwälte sich bei der Auswahl von Geschworenen leiten lassen. Letztendlich handelt es sich um einen Zielkonflikt zwischen egalitären Bestrebungen und dem Versuch, die Rechte des Angeklagten zu sichern. (shrink)

To the Editor. A correction is necessary with respect to one of the articles in the Fall 1994 issue of the journal. In the article by Robert Fuentes et al., “Sentinel Effect of Drug Testing for Anabolic Steroid Abuse,” at page 228, the authors say, “…on May 2, 1994, the United States Supreme Court ruled that random drug tests violated the privacy rights of [various people] at the University of Colorado at Boulder…. The Court further stated….” No footnote is given, (...) and thus no citation to the case. The superscripted note at the end of the previous sentence is to an article in the NCAA News, “Court Rules Against Colorado Drug Policy.” The Supreme Court of the United States decided no such thing as what the authors state. If the reference is to a denial of review, the authors should have said something like, “The Supreme Court denied review to … leaving in place a ruling that….” A denial of review is not the Supreme Court ruling anything beyond the announcement that it will not hear a case; inferences can be drawn from the denial, but that is not what happened here: a flat statement—and an erroneous one—was made. Prof. Stephen L. Wasby Dept. of Political Science SUNY at Albany Ed. The authors cite the NCAA News accurately, and the reference refers to both courts; however, the NCAA News article in question fails to make the necessary distinction that Professor Wasby correctly points out. Our thanks to Professor Wasby for his remarks. (shrink)

Ahmed Mâhir, who was born in Kastamonu in 1860-70, is one of the last period Ottoman scholars and is known by the penname "Ballıkızâde". He lived in the 19th century, during the Constitutional Monarchy period when the West progressed in many directions and the Ottoman Empire began to lose land alongside its reforms. After taking lessons from the scholar Ahmed Hicâbî, he also gave lectures and educated many students, and taught tafsir and theology for thirteen years at Daru'l-Fünûn Faculty of (...) Theology and Medresetü'l-Vâizîn. In addition to this, the scholar, who has served as a member of the Supreme Court, a judge, and a deputy, also appears as a political personality. Mâhir, who has four published works, is one of the important personalities that Kastamonu raised in religious, political, and literary fields. In this study, the Constitutional Era and the position of the science of tafsir in this period are discussed. Secondly, after transferring information about Ahmed Mâhir's life, his exegesis method on the works of "Mu'cizât-ı Kur'âniyye" and "al-Fâtiha fî Tefsîri'l-Fâtiha" was examined. The qualitative research method and document analysis technique wasused for this study. In addition, the data were analyzed with the help of description, sampling and association techniques. The fact that Ahmed Mâhir has both a political and religious personality and that we have four works about him today makes it important to research him. In this context, the study aims to reveal Ahmed Mâhir's exegesis based on his works. A doctoral thesis on him, in which his mystical aspect was emphasized, and an article by the same person, again, two master's theses were made about the work he wrote in the field of Sufism. Some sources provide concise information about his life and works, and brief information given in some biographical or literature studies. But his works named "Mu'cizât-ı Kur'âniyye" and "al-Fâtiha fî Tefsîri'l-Fâtiha" have not been studied academically. This situation made this study important. In addition, the existence of various interpretations on whether the author's interpretation of Surah Fâtiha is original or not has caused us to consider this issue as a problem. As a result of our analysis, Ahmed Mâhir has conveyed the negative political or religious situations of his period, especially in his work "Mu'cizât-ı Kur'âniyye". Based on the idea that the Qur'an is perfect and contains everything, he used the verses to correct these situations. His work "el-Fâtiha fî Tefsîri'l-Fâtiha" shows us both the traces of the Ottoman tafsir accumulation of that period and that this scholar has a scientific tradition on tafsir, hadith, and literature. (shrink)