In the present paper we argue that the theory of contracts embraced by many libertarian scholars and relied upon by them in sundry important debates (e.g. over morality of the fractional reserve banking or loan maturity mismatching etc.), that is, the title transfer theory of contracts (TTT) should be rejected as not being able to account for the binding force of future-oriented contracts, including contracts deemed enforceable by those scholars themselves. The TTT claims that the only contracts that (...) should be legally binding are these where the debtor’s failure to abide by them constitutes a violation of the creditor’s private property rights. However, as we argue, no default of the debtor in a future-oriented contract can in itself amount to such a violation. (shrink)

The United Nations Scientific, Education and Cultural Organisation (UNESCO) Universal Declaration on Bioethics and Human Rights (UDBHR) expresses in its title and substance a controversial linkage of two normative systems: international human rights law and bioethics. The UDBHR has the status of what is known as a ‘non-binding’ declaration under public international law. The UDBHR’s normative foundation within bioethics (and association, for example, with virtue-based or principlist bioethical theories) is more problematic. Nonetheless, the UDBHR contains socially important principles of (...) technology transfer and transnational benefit (articles 14, 15 and 21). This paper is one of the first to explore how the disciplines of bioethics and international human rights law may interact in the UDBHR to advance the policy relevance and health impact of technology transfer and transnational benefit principles. It investigates their normative ancestry in the UDBHR, as well as relevant conceptual differences between bioethics and public international law in this respect and how these may be relevant to their conceptual evolution and application. (shrink)

This article offers a detailed response to a recent article in this Journal by Charles Robertson titled “A Thomistic Analysis of Embryo Adoption.” A careful review of important terminology that is used in both Donum vitae and Dignitas personae was undertaken, and a summary is included to help define frequently misleading and even mistaken concepts and terms that can often lead to erroneous conclusions. This article focuses on Donum vitae I.3 and n. 2275 of the Catechism of the Catholic Church, (...) which provide strong magiste­rial support for the liceity of embryo transfer and, ultimately, for the morality of embryo adoption as the only moral solution for “orphaned” embryos. The conclusion offers a faithful interpretation and resolution of the difficult passages in Donum vitae I.5 and Dignitas personae n. 19 regarding the magisterial liceity of both embryo transfer and embryo adoption. (shrink)

This chapter contains sections titled: Introduction Procurement From the Dead Procurement From the Living The Transition from Life to Death Conclusion References.

There is an ongoing debate within the law of unjust enrichment whether the victim of a pickpocket has, in addition to a claim in tort against the thief, one in unjust enrichment. Those who argue that he does say that it follows a fortiori from the availability of claims in unjust enrichment for mistake. If the law gives a claim where the transferor's consent to the transfer was merely vitiated, as it does in cases of mistake, so too should (...) it do so where he was ignorant, giving no consent whatever to the ‘transfer’. This idea is used by the protagonists of ignorance as the basis of an explanation of a number of controversial cases, especially Lipkin Gorman v Karpnale and Foskett v McKeown, as belonging within unjust enrichment. This article questions whether the argument is correct. Differently to the case of a mistaken transfer, where the claimant's title passes to the defendant, the pickpocket victim's title stays put. That would seem to be fatal to any unjust enrichment analysis, for an essential element of such a claim, an enrichment at the claimant's expense, now appears to be missing. The question then is whether that objection can be overcome. Various strategies have been proposed, that the law looks to ‘factual’ rather than ‘technical’ enrichments, that title can be electively transferred by the victim to the thief and that title can simply be renounced. None of these strategies work, however, with the consequence that any claim by a victim against his thief can only be in tort, not unjust enrichment. (shrink)

Although moral hazard is a well-known economic concept, there is a long-standing controversy over its moral implications. The language economists use to describe moral hazard is often value-laden, and implies moral judgments about the persons or actions of economic agents. This in turn leads some to question whether it is actually a scientific concept, or simply a convenient tool for criticizing certain public policies. At present, there is no consensus about the moral meaning of moral hazard, or about whether the (...) concept can be salvaged by economists. As a first step toward resolving this problem, I suggest a contracts approach to moral hazard. I use the ‘title-transfer’ theory of contract to clarify the moral content of moral hazard, thereby increasing its value to scholars in numerous disciplines. A contracts view is useful for economic policy discussions because it does not include hidden value judgments. At the same time, however, it is also valuable for ethicists because it directly explains a moral dimension of behavior under moral hazard, namely, the violation of property rights. (shrink)

This chapter contains sections titled: Transfer of Value The Transfer Elements of Liability Unjustness Correctively Unjust Enrichment References.

In a number of recent articles, the debate on the ethics of fractional reserve “free” banking has been extended to loan maturity mismatching, specifically the banking practice of borrowing short and lending long. Barnett and Block :711–716, 2009; 2010) claim the practice is illicit, because like fractional reserve banking it creates duplicate property titles. They argue there is a continuum in the time dimension between the two kinds of activities. Bagus and Howden :399–406, 2009; 106:295–300, 2012a; Eur J Law Econ, (...) 2012b; Bus Ethics 22:235–245, 2013) maintain that loan maturity mismatching does not create duplicate titles and is not illicit, and that from an economic and legal perspective there is no continuum with fractional reserve banking. Cachanosky and Evans enter the debate from the free-banking standpoint and view both practices as legitimate. In this paper, I agree with the conclusions of Bagus and Howden, but adopt a different approach to support this position. Using the title-transfer theory of contract, I demonstrate from first principles why loan maturity mismatching does not create duplicate property titles and is a legitimate practice. Employing this same theory, I then present a novel argument to show why the contractual arrangements found in fractional reserve banking are logically contradictory and illegitimate. (shrink)

Libertarian philosophy asserts that only the initiation of physical force against persons or property, or the threat thereof, is inherently illegitimate. A corollary to this assertion is that all forms of speech, including fraudulent advertising, are not invasive and therefore should be considered legitimate. On the other hand, fraudulent advertising can be viewed as implicit theft under the theory of contract: if a seller accepts money knowing that his product does not have some of its advertised characteristics, he acquires the (...) property title to the customer’s money without voluntary consent, which is theft. The balance between these two logical extensions of property rights—the right of free speech and the right of contract—lies somewhere in the area of communication philosophy, and can be explained through understanding the role of communication in human interactions. Advertising is a form of communication that may convey important information about the conditions of the proposed contract. These conditions are expressed in particular words that may have different meanings in different circumstances. Therefore to determine whether a particular example or “misinterpretation” is mere sophistry or a type of fraud, the judicial system has to approach each issue on a case-by-case basis. The border between legal and illegal should be determined by precedents and by expectations based on commonly accepted definitions of terms—what people commonly understand by the words and other forms of communication they use. (shrink)

Author: Zamiara Krystyna Title: JERZY KMITA’S CREATIVE JOURNEY AS A SEQUENCE OF PROBLEM-SHIFTS (Droga twórcza Jerzego Kmity jako sekwencja przesunięć problemowych) Source: Filo-Sofija year: 2011, vol:.12, number: 2011/1, pages: 109-127 Keywords: KMITA, SOCIO-REGULATORY THEORY OF CULTURE, HISTORICAL EPISTEMOLOGY, SCIENCE, CULTURE, MARXISM Discipline: PHILOSOPHY Language: POLISH Document type: ARTICLE Publication order reference (Primary author’s office address): E-mail: www:This paper presents meta-philosophical considerations concerning evolution of Jerzy Kmita’s intellectual standpoint. The author focuses on two crucial “problem-shifts” which lead Kmita to his (...) genuine philosophical and scientific perspective. First “shift” consists in transition from Popper’s logic of scientific discovery to philosophical project of “historical epistemology” based on original interpretation of Marxian historical materialism. In this way Kmita transfers strictly epistemological and logical reflection on science into the field of history of science and historicism. Second “shift” suggests a transformation of “historical epistemology” in terms of descriptive cultural studies. In this case the problem of scientific cognition is understood as a socio-cultural fact and consequently analyzed within the framework of Kmita’s socio-regulatory conception of culture. (shrink)

In his “Méthode nouvelle,” an anonymous article in the Bibliothèque universelle of 1686, John Locke described his way of collecting excerpts in notebooks and retrieving relevant entries. The well‐known practice of entering textual passages in commonplace books sits uneasily with Locke's criticism of received opinion and authority. Is it possible that he used any of these notes to think with? I suggest that the conditions for this were provided by Locke's interactions with some of his notes, including those which recorded (...) observations, testimonies and experiments. As well as labelling excerpts and other notes with topical Titles, Locke sometimes added precise bibliographical citations, transferred material across notebooks, interpolated his own signed reflections and queries, and (eventually) dated entries. (shrink)

"Well over one half of this brilliant new Monograph constitutes a major sequel to Professor Grunbaum's highly influential 1984 book The Foundations of Psychoanalysis: A Philosophical Critique, which was labeled "magisterial" by Frank J. Sulloway, and "the most important book ever written on Freud's status as a scientist" by J. Allan Hobson. The importance of the present Monograph lies in the extent to which the author now goes beyond that earlier volume to offer new original ideas on fundamental themes." "Validation (...) in the Clinical Theory of Psycho-analysis: A Study in the Philosophy of Psycho-analysis contains Adolf Grunbaum's new basic critique of the psychoanalytic theory of transference in its role of an etiologic theory; it turns out that etiologic transference interpretations rest on fallacious causal inferences from so-called "meaning connections" between mental states: moreover, just these unsound inferences are the stock-in-trade of the "hermeneutic" reconstruction of psychoanalysis, which charges Freud with a "scientistic self-misunderstanding."" "This volume joins the issue with Marshall Edelson's defenses of the investigative viability of the single-subject case study method. As a spin-off from the import of the serious placebo challenge to psychoanalysis, this Monograph presents the author's widely recognized new account of the placebo concept across all of medicine and psychotherapy. Whereas Foundations of Psychoanalysis objected that Freud's dream theory was evidentially ill-founded, the burden of the present book is to give two new basic reasons for presuming the theory to be false. It also develops the import of the author's appraisal of psychoanalytic theory for the scrutiny of Freud's triadic psychology of religious belief in theism." "Since Sir Karl Popper's most detailed charge of pseudoscience against psychoanalysis in 1983 could not be examined for inclusion in the 1984 book, the present monograph shows in what ways it is wide of the mark as an incoherent diagnosis of the scientific liabilities of psychoanalytic theory. In addition, four important papers that had antedated Foundations by a few years and were scattered over diverse publications have been updated and integrated with the other chapters herein."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved. (shrink)

"Well over one half of this brilliant new Monograph constitutes a major sequel to Professor Grunbaum's highly influential 1984 book The Foundations of Psychoanalysis: A Philosophical Critique, which was labeled "magisterial" by Frank J. Sulloway, and "the most important book ever written on Freud's status as a scientist" by J. Allan Hobson. The importance of the present Monograph lies in the extent to which the author now goes beyond that earlier volume to offer new original ideas on fundamental themes." "Validation (...) in the Clinical Theory of Psycho-analysis: A Study in the Philosophy of Psycho-analysis contains Adolf Grunbaum's new basic critique of the psychoanalytic theory of transference in its role of an etiologic theory; it turns out that etiologic transference interpretations rest on fallacious causal inferences from so-called "meaning connections" between mental states: moreover, just these unsound inferences are the stock-in-trade of the "hermeneutic" reconstruction of psychoanalysis, which charges Freud with a "scientistic self-misunderstanding."" "This volume joins the issue with Marshall Edelson's defenses of the investigative viability of the single-subject case study method. As a spin-off from the import of the serious placebo challenge to psychoanalysis, this Monograph presents the author's widely recognized new account of the placebo concept across all of medicine and psychotherapy. Whereas Foundations of Psychoanalysis objected that Freud's dream theory was evidentially ill-founded, the burden of the present book is to give two new basic reasons for presuming the theory to be false. It also develops the import of the author's appraisal of psychoanalytic theory for the scrutiny of Freud's triadic psychology of religious belief in theism." "Since Sir Karl Popper's most detailed charge of pseudoscience against psychoanalysis in 1983 could not be examined for inclusion in the 1984 book, the present monograph shows in what ways it is wide of the mark as an incoherent diagnosis of the scientific liabilities of psychoanalytic theory. In addition, four important papers that had antedated Foundations by a few years and were scattered over diverse publications have been updated and integrated with the other chapters herein."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved. (shrink)

Publishers love titles that begin How or Why. Better still, How and Why, combining edification with utility. The target group is that overlap between the self-help audience and the idly curious—which is to say, most of us. And since emotions are very much about self-help and self-harm, they offer rich pickings in a burgeoning market. Flanagan's How to Do things with Emotions is a philosopher's take on moral emotions, the allusion to J. L. Austin's How to Do Things with Words (...) chiming with the self-help milieu. Reviewing cases, Flanagan points out that most scientific work in this field derives from experiments on psychology students, about as unrepresentative a slice of humanity as you could find. For Flanagan, they are too WEIRD (Western, Educated, Industrialized, Rich, Democratic) to tell us much about the non-weird majority. To learn to “do emotions better,” he argues, we have to look farther afield. Although the emotional lives of cultural others are surely different from those taking Psychology 101, at some functional level they might be similar. Work out the conceptual logic and practical rationale of culturally elaborated emotions—Minangkabau “shame,” Ifaluk “righteous anger,” American “road rage”—and there is scope for comparison. Indeed, anthropology has shown as much, and it is from anthropology that Flanagan takes his cues. To mention two famous cases, what can we learn about anger management from Utku igloo-dwellers and Ilongot headhunters? Mutually dependent for survival in their snowy isolation, the Utku cannot risk getting angry. (They mercilessly tease their children into learning the futility of anger.) In the jungles of Luzon, Ilongot youths cast away their anger in externally directed violence: headhunting as cathartic sport. We can think of parallels closer to home.Flanagan's vigorously argued book, a tour de force of its kind, is both an anatomizing of anger and shame—two moral emotions we tend to “do badly”—and a proposal to “change how we do these emotions.” Indignation is fine, but anger that is vengeful or “pain-passing,” rather than righteous, is irrational and socially harmful. Shame can be incapacitating and cruel (the undeserved burn of a Twitter pile-on). What we need is reflective anger directed at injustice and a “mature sense of shame” that reminds us of the social contract and stops us misbehaving.In its How-and-Why format, the book combines theory and practice, metaethics with moralism. Here is how a prof should do self-help. But if the diagnosis is well made, the remedy is hard to imagine. As Flanagan recognizes, moral sentiments and practices are embedded in intricate forms of life and not readily detachable. Anger Utku-style is not a transferable skill, nor are educative routines forged in social ecologies remote from our own. Lacking serviceable models, Flanagan falls back on the anthropological justification that knowledge of cultural diversity expands our sense of human possibility, of other roads taken. In a globalizing world, difference is its own reward. For me, an anthropologist, that maxim is enough. Yet difference bedevils comparison, jinxing the units, warping criteria. Most languages lack a word for emotion or an equivalent umbrella concept; nor do emotion words translate well across languages. Emotion may be an incoherent notion, or at best a heuristic.Flanagan's use of the WEIRD tag makes things a bit too easy. Does it cover farmhands and factory workers? Are we so democratic, anyway? More damagingly, a typological approach blurs the circumstances of family, community, and biography that define an emotional episode and shape its phenomenology, the way it is felt and experienced—what a violent outburst or fearful exit means in the context of a life. Take Joseph Conrad's Lord Jim, who flees a scene of failure and derails his life. It requires a long narrative to unravel the implications of his jumping ship and the paralyzing shame he experiences before the judgment of society. Or consider the scene in Anna Karenina in which the dignified and self-important Karenin, apprised of Anna's adulterous liaison, agonizes over the threat to his existence. To call his response jealousy would not scratch the surface. Characteristically for Tolstoy, the emotions go unnamed. Instead, we witness Karenin's fervid deliberations (emotions involve thoughts), vacillations (emotions have action tendencies), anguished calculations of impending scandal (emotions are appraisals), and bodily changes (emotions are cognized feelings). We shudder at the brutal metaphors through which he grasps his predicament and its cure: like rooting out a bad tooth, he decides. That welter of particularities escapes the theorist who needs clear-cut, comparable units, formulaic instances of jealousy or anger. But what are you left with if you omit the details? What would remain of Karenin's existential crisis?The novelist's privileged access to subjectivity is, of course, unavailable to the scientist, but the larger context of plot and character—a history of relations that gives emotional episodes their shape and power—has its analog in the ethnographic domain. Emotions are public as well as private events, their meanings and effects depending on a fit with social reality, a clash of perspectives. In thought and feeling, we are never really alone. All of which suggests that narrative, fictional or nonfictional, can capture the ongoing moment in a way that eludes other methods. If what we are after is living emotion, it is the movie, not the snapshot, that surely matters. No point in comparing “emotions” no one ever really experienced outside of an experiment.But there's the rub. In generalization—the goal of emotion theory—an emotion's social meaning, personal significance, pragmatic function, and narrative context get stripped out. All that makes it what it is! Even in doggedly empirical anthropology, detailed emotional episodes are rare (Jean Briggs's Utku ethnography Never in Anger, published in 1970, is still unsurpassed). Instead we get recollections and summary examples, lacking the constitutive detail, real-time evolutions, and consequences of the real thing. Yet these must serve for comparison, fodder for countless theoretical speculations. Are we at risk of analyzing faux emotions and building theories on cardboard constructions?An empty Arctic stage, a handful of characters, life simplified to survival: Briggs is a hard act to follow. Bare life does not make for basic emotions. On the white set, emotions prove hard to parse. That gruff hesitation, that flashing glint—are they tokens of anger? Empathy will not suffice. As Briggs shows, narrative context is all. And in our more cluttered emotional worlds, the value of backstory, interwoven biographies, and emotional plots is all the greater. Flanagan is right; we must do emotions better. (shrink)

This chapter contains section titled: I Equality of Resources II Justice in Health Care III Why Universal Access Requires In‐kind Transfers IV Conclusion Acknowledgement.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Art of Biography in Antiquity by Tomas HäggDan CurleyTomas Hägg. The Art of Biography in Antiquity. Cambridge: Cambridge University Press, 2012. xv + 496 pp. Cloth, $110.We know less about the genre of ancient biography than handbooks and brief surveys would have us believe. Genres by their nature invite definition, and historiographical perspectives on this genre in particular promote tidy classifications and clear lines of influence. Tomas (...) Hägg’s Art of Biography in Antiquity, which undertakes close readings of some eight-hundred years’ worth of biographical authors and texts, not only recognizes but also embraces ancient life-writing as a vast, polymorphous, versatile, and lacunary enterprise. For those of us who, like this reviewer, prefer to read the works of ancient biographers in literary terms, this is the book we have been wanting.Hägg’s “Prolegomena” are brief but cover the critical issues surrounding ancient biography (and, by way of comparison or contrast, modern biography). Chief among these are the question of the biographical genre itself, which Hägg acknowledges “is more subject matter than form” (3), and the welcome recuperation of biography as the product of “creative imagination” from its traditional status as a “sub-branch of historiography” (3). Hägg distinguishes historiography from historicity—namely, the biographer’s evaluation of, and approaches to, his sources—and he enumerates what might be considered biographical biases, from [End Page 713] the emphasis on public rather than private life, to transference between author and subject, to the inventive bridging of gaps, to the tension between cradle-to-grave chronology and characterization in the moment. Brevity courts controversy, and Hägg cautions that “no systematic treatment of biographic theory and practice is intended” (1). Yet his prolegomena lay out clear guideposts for the case studies of later chapters, which make a more or less chronological exploration of the genre.Chapter 1, even as it postulates Xenophon as the most important (or, at least, the most prolific) proto-biographer, discusses a range of fifth-and fourth-century b.c.e. texts and the ways in which they are—and, just as often, are not— biographies: Ion of Chios, Epidemiai; Plato, Apology and Phaedo; Xenophon, Memorabilia; Isocrates, Evagoras; Xenophon, again, Agesilaus and Cyropaedia. It is no small task to trace the development of a genre given a vexed chronology, the differing purposes of these texts, and uncertainty as to how much influence their authors exerted upon one another. The Epidemiai offers a sympotic anecdote about Sophocles (preserved in Ath. 13.603e–4d) that illuminates the tragedian’s character. The Apology and the Phaedo together display and interpret the life of Socrates as “an ethical unity” (19), the former a retrospective defense of the philosopher’s career, the latter ending with a scenic description of his death. The Memorabilia, in turn, paints a “consistent, pregnant picture” (27) of Socrates’ persona with its serial anecdotes. The Evagoras confirms its own status as written encomium (graphein) and introduces what would become standard topoi, such as its subject’s genealogy, childhood, and methods of ruling. Likewise, the Agesilaus, which emphasizes writing to an even greater degree and dichotomizes the Spartan king’s deeds and their underlying virtues. The Cyropaedia, therefore, is a pinnacle of proto-biography, extending from Cyrus’ childhood to his fictional, idealized death. Although Hägg reads each work on its own terms, and avoids an overly simplistic taxonomy, his emphasis on the unbiographical qualities of his case studies is at times counterproductive. Furthermore, he tends to conclude his discussions with considerations of “the biographical,” as if the preceding analyses—frequently engaged with the aforementioned topoi—have had little bearing. This said, chapter 1 describes a genre developing along lines that later biographers, and their readers, would have recognized.Chapter 2, a survey of Hellenistic biographers, is on firmer (albeit more fragmentary) ground, perhaps because the texts of this era regularly have bios in their titles and therefore help to establish “an unmistakably biographical form” (67). Hägg considers examples from the three traditional sub-categories of Hellenistic “professional biography” (97), namely, the philosophic, the literary, and the political: Aristoxenus’ Pythagoras and Socrates; Satyrus’ Life of Euripides... (shrink)

The iltifāt (reference switching) is one of the arts of high literary value, widely practiced in the Qurʾān. This art takes place in the form of switching to another person, verb mode, number, preposition or sentence type contrary to the necessity of the situation, while continuing the word as a certain person, verb mode, number, preposition or sentence type. The art of iltifāt adds certain meanings to words such as certainty, continuity and movement. It keeps the curiosity, desire, excitement and (...) shiver alive. Similar to those who read the Qurʾān, those who read the translation of the Qurʾān are expected to be able to notice these meanings as much as possible and feel the literary pleasure of this art. There are important structural differences between Arabic and Turkish. In addition, the text that needs to be translated into Turkish is Holy Qurʾān, which has a divine infinite dimension, and it is a limited human mind attempts to translate it. This situation requires an advanced level of caution and diligence in transferring the art of iltifāt to the translations of Qurʾān. The issue of the art of iltifāt and the transfer of this art to the translations of the Qurʾān has also been studied in scientific research in different world languages such as Arabic, English and Indonesian. As far as we can determine, the only study in Turkish that examines the reflection of the iltifāt in the Qurʾān is the article titled "The Translation Problem of the Art of iltifāt in the Translation of the Qurʾān" by Haşim Özdaş. In the mentioned article, five different Qurʾān translations of eight verses from different types of the art of iltifāt were examined. It has been claimed that there is no art of iltifāt in Turkish language and literature, and that the translation of the art of iltifāt in the verses into Turkish is an obstacle to understanding the verses and leads to a wrong or incomplete understanding. As a solution, while the verses are being given and translated, it is suggested that the art of iltifāt in the verses be ignored. In this research article, the cases of the translations of the Qurʾān reflecting the art of iltifāt, as an example of iltifāt between māzī (past tense) and muzāriʻ (present tense) verbs modes in the verses are discussed. In addition, it discusses the opinions that say there is no art of iltifāt in the Turkish language, that the exact transfer of the art of iltifāt found in the Qurʾān to the translations of the Qurʾān causes wrong or incomplete understanding, therefore, the art of iltifāt should be ignored when the verses are being translated. As a result, the present study argues that the art of iltifāt is also a subject of Turkish rhetoric, which should be reflected in the translations of the Qurʾān as much as possible, and the transfer of the art of iltifāt in the translations of the Qurʾān does not constitute an obstacle to understanding the verses, on the contrary, the reference to this art in the verses will contribute to the realization of the divine purpose and wisdom. The data sources of the research were created from 6 verses and their 22 different translations, using various sampling methods. The data collected from these were analysed using the comparative text analysis method on the basis of the inductive approach. Qualitative data was converted into quantitative data, processed in the SPSS application, and the findings were presented as numerical figures in tables. At the end of the research, it was determined that iltifāt between māzī and muzāriʻ verbs modes studied in the science of rhetoric was also a subject of grammar as the phenomenon of time shifts in verbs. It was seen that the art of iltifāt was applied in an average of 800 places in the Qurʾān, and the iltifāt between māzī and muzāriʻ verbs modes accounted for 6.9% (55 pieces) of this amount. Most of these fifty-five iltifāts were iltifāt from the māzī verb mode to the muzāriʻ verb mode (63.6%), while the amount of iltifāt the muzāriʻ verb mode to the māzī verb mode was less (36.4%). In the analysed translations of the Qurʾān, it was determined that the iltifāt between māzī and muzāriʻ verbs modes was not reflected at a rate of 90.9%, and the art of iltifāt was completely abandoned in 14 of the 22 translations. It was concluded that the reason why the art of iltifāt in the verses was not reflected in the translations of the Qurʾān was the belief that this art was not found in Turkish and that the transfer of this art leads to wrong and incomplete understanding. In the research, it was proposed to increase the number of scientific studies in which various translation strategies and techniques were tested in the transfer of the art of iltifāt in the verses in the translations of the Qurʾān. In this respect, this research article is expected to pave the way for more research on the issue of transferring the arts used in the Qurʾān and to be useful for future translations of the Qurʾān. (shrink)

One of the most rooted topics in Arabic poetry is the dirge. It shows that during the Jāhiliyya period, people lamented the dead at the graves and remembered their beautiful qualities. A similar situation continued in terms of content in the dirges that were said in the following periods. However, with the change of social, political and cultural conditions in time, there have been partial changes in the writing styles and purposes of the dirges. For example, the effects of political (...) and sectarian factors were felt more in the process that started with the Umayyad period and continued in the following centuries. On the other hand, it has been observed that poets wrote dirges not only for the people they love but also for themselves, the animals they owned and the cities they lived in. In Arabic literature, dirges written for cities became famous and widespread, especially during the Andalusian period. However, considering that the poets of the Jahiliyya period lament the lands abandoned by the beloved, especially in the first part of the ode, it can be said that the tradition of writing elegies for cities dates back to much earlier times. On the other hand, the destruction of cities during the Abbasid period due to many wars, especially the Mongol invasion, caused many poets to recite dirges for these destroyed cities. One of the cities damaged during this period is Baghdad, one of the most important cities of Islamic culture and civilization. As it is known, Baghdad was occupied by the Mongols in 1258. As a result of this occupation, also known as the Baghdad disaster, many of the material and spiritual wealth of the city were destroyed. For this reason, the event had great repercussions in Arabic poetry, and many poets who could not remain unresponsive to what happened elegized for Baghdad. One of these poets is Shamsaddīn al-Kūfī (d. 675/1256), whose al-Kasīda al-Nūniya is the subject of our study. Shamsaddīn al-Kūfī, who was born in 623/1226 in Kufa, is one of the leading literary scholars and poets of his period. Due to the fact that the Baghdad disaster affected his poems to a great extent, he was given the title of Poet of Baghdad Disaster. When his poems are examined in general, it can be said that the dirges he sang for family members, friends, children of his friends and the city of Baghdad, which was destroyed by the Mongolian invasion, are at the forefront. The poet, who uses verbal arts such as tibāq and rad al ajuz alā al sadr intensively, places more importance on the meaning dimension of the issue in his dirges and uses arts related to meaning skillfully. al-Kasīda al-Nūniya, written by Shamsaddīn al-Kūfī in the Kamil bahr for Baghdad, is composed of 27 couplets. The theme of complaint about separation is addressed in the introduction part of the kasīda. Then, the main subject of the kasīda was put forward with the themes of the effects of the Mongolian occupation in Baghdad, the poet's feelings about this occupation, and the longing for the beautiful days in Baghdad. In the conclusion part, by returning to the theme of complaint about separation, a different internal structure from the contents of traditional Arabic poetry is displayed. This organization, while in keeping with the spirit of the type of city dirge that reflects the disaster experienced in a city, also provides fluency. While words that are easy to pronounce and suitable for morphology rules are preferred in general, attention has been paid to the rules of eloquence. On the other hand, the poet mostly preferred informative sentences in which he conveyed the Baghdad disaster to the reader with all its truth. However, in the sections where he felt the need to express his emotional intensity in a more striking way, he enriched his expression with sentence types such as wonder, interrogation, oath and interjection. Shamsaddīn al-Kūfī frequently used jinās in his poems. In addition, the art of tibāk, which is one of the arts related to meaning, is one of the badī (creative) arts in its couplets. As a result, it was seen that the Mongol invasion had a considerable effect on Arab poetry within the framework of this city dirge, which Shamsaddīn al-Kūfī had recited, and that historical facts were transferred to the next periods with a poignant style in these poems. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Did Diodorus Siculus take over Cross–References from His Sources?Catherine RubincamA systematic answer to the question posed in the title of this article requires, first, a careful analysis of the implications of various different formulations of the question and, second, a thorough discussion of the evidence relating to all the cross–references in the Bibliotheca. No such systematic approach has ever been attempted, to my knowledge. It will emerge that (...) different formulations of the question produce different answers on the basis of the evidence surveyed.The "slavish dependence" of Diodorus on his sources has been a theme repeated relentlessly for more than a hundred years by practitioners of Diodoran source criticism.1 A frequent component of the traditional opinion has been the argument that in composing his Bibliotheca Historica Diodorus reproduced from the more detailed histories which he was condensing not only the narrative of events but also material which was patently inappropriate to his own work, such as references to the earlier writer's own experience or lifetime, or cross–references between different parts of the earlier work. This assertion was not based, however, on a thorough general investigation of this alleged aspect of Diodorus' practice. Rather, the argument that this contemporary reference or that cross–reference was taken over by Diodorus from his source of the moment tended to be invoked in particular cases, usually in support of a particular hypothesis concerning the source(s) used by Diodorus for a certain part of his Bibliotheca.2 Sporadic challenges have [End Page 67] been mounted to particular aspects of this general attitude, more frequently in recent years. The most thoroughgoing, so far, has been Kenneth Sacks's attempt to treat Diodorus as a serious writer in the context of his own era. Sacks devoted a chapter to a vigorous but summary re-examination of the allegedly derivative nature of three important aspects of Diodoran historiography: "organizational and chronological markers, speeches, and polemics."3 To judge from the reviews, by no means all readers were totally convinced by Sacks's energetic defense of Diodorus' independence of his sources in these respects.4 I think, therefore, that the question deserves a more systematic and explicitly methodological discussion. The results will show that although Diodorus cannot be proven to be entirely independent of his sources in all his cross–references, there is good reason, nevertheless, to defend him from the charge of mindlessness.The groundwork for such a systematic answer to the question whether Diodorus took over cross–references from his sources was laid by two articles published a few years ago,5 which collected all the cross–reference passages in the whole work, analyzed their style, their degree of fulfillment,6 and the way they function, and compared Diodorus' use of cross–references with that of some other ancient authors. Before embarking on the discussion of these detailed data, it is important to consider the implications of different formulations of the question. The formulation "Did Diodorus copy out cross–references from his sources?" suggests a wholesale mindless transfer of references from the sources into the Bibliotheca. "Did the cross–references in the Bibliotheca originate with Diodorus?" focuses more specifically on the opposite possibility. I have preferred in my title a third formulation—"Did Diodorus [End Page 68] take over some or all of the cross–references in the Bibliotheca from his sources?"—which neither states nor implies any judgment about how consciously this might have been done. A further variable that needs to be made explicit is whether Diodorus must necessarily have behaved always in the same way. Too often it seems to have been assumed that if one Diodoran cross–reference could be shown to be in some sense derived from a source, then they all must be.7 Yet this need not necessarily be so: some inconsistency of practice would be both possible and understandable in an author who spent thirty years compiling a comprehensive digest of all the history he thought worth reporting, from the creation of the world to his own lifetime.It seems to me, therefore, that the processes that may underlie the cross–references in the Bibliotheca are more complicated than is generally... (shrink)

This essay responds to an article by Elizabeth Bothamley Rex titled “The Magisterial Liceity of Embryo Adoption”, specifically to Rex’s critique that his objections to the liceity of embryo transfer distort magisterial documents. He then draws out the implications of the differences between his view and Rex’s on the relation between maternity and pregnancy. The essay concludes by pointing out that, if they are to change their minds, opponents of embryo adoption need to be convinced that it is morally (...) licit to impregnate, or “introduce an order to birth,” in a woman by means other than the marriage act. (shrink)

‘Communication’ is the basic concept of an aesthetic media theory and, under the title ‘communication aesthetics’, is particularly suitable for defining a capacity of that phenomenon that also describes a holistic experience of so-called digitality in a new way. In the passage through this concept of communication, ‘communication aesthetics’ is therefore also the basic term for studies of digital media cultures and is used here as an example to determine the relevant phenomena of mediality, materiality and the contemporary technological (...) body practices associated with them. ‘Aesthetics of communication’ is then also the title word for the sought-after answer to the question of whether the speech of transfer between different arts as ekphrastic representation acquires a significance of its own that cannot be decomposed by unconditionally necessary and, as a rule, even more important reflection on its effects. The essay examines how both sides of the term – the ‘aesthetic’ and the ‘communicative’ – can be discussed in order to reflect on their connection, especially against the background of the implications of the digital per se. In the first part, the contrasts that determine this conceptual construction are analyzed using an example of media culture in order to read them as the basic definitions of a dialectical concept of the ‘communicative-aesthetic’. Against this background, the second part of the essay deals with the related ‘communication-aesthetic’ practices that could be used as the ingredients and objects of a genuine interdisciplinary media theory. (shrink)

The founder of the Şemsiyye branch, one of the main branches of the Halvetiyye sect, is Şemseddîn-i Sivâsî. Sivasî is originally from Zile. After he went to Sivas, he became famous with the title of "Sivasî" due to the fact that this place became the center of his activities and Zile was a settlement center connected to Sivas at that time. The person who witnessed Sivâsî's scientific, conscientious, political, cultural and military influences, as one of the people closest to (...) him, is his nephew and son-in-law, Receb-i Sivâsî, who also served as a sheikh in the asitane in Sivas. Recep Efendi was privy to the secrets of Şemseddîn-i Sivâsî for about fifty years and after the death of Şemseddîn Efendi, he wrote the work called Necmü’l-hüdâ fî Menâkıbı'ş-Şeyh Şemseddîn Ebi's-senâ, in which he shared first-hand information about his life. Although Necmü’l-hudâ seems to be a work devoted to Sivâsî, with topics such as Şemseddîn-i Sivâsî's birth, his family, his scientific and spiritual development, his services, his caliphs, his circle of influence and his participation in the Eğri Excursion, Recep Efendi also included important information reflecting his Sufi thoughts between the lines of the work. In this study, Receb-i Sivâsî's thoughts about the friends of God and the so-called Sufis, which he mentioned as a Halvetî-Şemsî sheikh, in the context of his work called Necmü’l-hudâ, were discussed. The names that influenced his thoughts about the friends of Allah and the so-called Sufis in Necmü’l-huda, especially Şemseddîn-i Sivasî, were emphasized, in addition, attention was drawn to the function of Recep Efendi's Sufi views in transferring the thoughts of Sufis and Şemseddîn-i Sivâsî to the next generations. (shrink)

This chapter contains sections titled: Reincarnation/Rebirth Karma Causality Problem of Evil Determinism, Freedom, and Moral Responsibility Karma and Release Transfer of Merit Recent Developments Works cited.

IntroductionSpatial navigation is a complex cognitive function that declines in older age. Finding one’s way around in familiar and new environments is crucial to live and function independently. However, the current literature illustrates the efficacy of spatial navigation interventions in rehabilitative contexts such as pathological aging and traumatic injury, but an overview of existing training studies for healthy older adults is missing. This scoping review aims to identify current evidence on existing spatial navigation interventions in healthy older adults and analyze (...) their efficacy.MethodsTo identify spatial navigation interventions and assessments and investigate their effectiveness, four electronic databases were searched. Two independent reviewers conducted a screening of title, abstract and full-texts and performed a quality assessment. Studies were eligible if published in English, the full text was accessible, at least one group of healthy older adults was included with mean age of 65 years or older, three or more spatial navigation-related training sessions were conducted and at least one spatial ability outcome was reported.ResultsTen studies were included, only healthy older adults were assessed further. Studies differed in sample size, type of training, total intervention duration, and intervention period.ConclusionThe spatial navigation abilities addressed and the measures applied to elicit intervention effects varied in quantity and methodology. Significant improvements were found for at least one spatial ability-related outcome in six of 10 interventions. Two interventions achieved a non-significant positive trend, another revealed no measurable post-training improvement, and one study did not report pre-post-differences. The results indicate that different types of spatial navigation interventions improve components of spatial abilities in healthy older adults. The existing body of research does not allow conclusions on transferability of the trained components on everyday life spatial navigation performance. Future research should focus on reproducing and extending the promising approaches of available evidence. From this, valuable insights on healthy aging could emerge.Trial RegistrationThis scoping review was preregistered at Open Science Framework. (shrink)

John Stuart Mill (1806–1873) was born in London, son of the Scottish historian of India and philosopher, James Mill, by whom he was educated in, among other things, the principles of British empiricism and Benthamite utilitarianism. Like his father, he worked for the East India Company, being in charge of the Company's relations with the native states 1836–1856, and head of the examiner's office from 1856 until the powers of the Company were transferred in 1858. The book which established Mill (...) as a philosopher was his System of Logic (1843), described in its full title as ‘a connected view of the principles of evidence and the methods of scientific investigation’. Book 6 of the System of Logic was ‘On the logic of the moral sciences’, and at the end of it Mill declared, without trying to justify it, his opinion that there is a ‘general principle to which all rules of practice ought to conform’; namely that of ‘conduciveness to the happiness of mankind, or rather, of all sentient beings’. For example, we should keep our promises not because we can see intuitively the truth of the precept, but because it passes the utilitarian test. Mill's justification for this opinion was in his Utilitarianism (1863). Mill's version of utilitarianism differed from Bentham's in that he recognized not only quantitative but also qualitative differences between pleasures. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Future Directions for Human Cloning by Embryo Splitting:After the HullabalooCynthia B. Cohen (bio)In October 1993, a paper entitled, "Experimental Cloning of Human Polyploid Embryos Using an Artificial Zona Pellucida," was presented at a joint meeting of the American Fertility Society and the Canadian Fertility and Andrology Society. Although it was awarded a prize, its authors, who are affiliated with George Washington University, decided against calling a press conference to (...) announce their findings. Word of their experiment soon leaked out, however, and the New York Times blazoned on its front page that human embryo cloning had been achieved. The story was accompanied by a diagram of cloning by nuclear transplantation.Newspapers and television networks around the world picked up the story and embellished it. The idea of unlimited, xeroxed copies of human beings gripped the public imagination. Wild scenarios of hundreds of Hitlers plotting to take over the world and of clones giving birth to their own twins enlivened media reports. Only gradually did it become clear that the term "polyploid" in the title of the paper referred to abnormal embryos that could never develop into living human beings and that "cloning" referred to embryo splitting or twinning, not to nuclear transplantation or the transfer of a donor nucleus into an enucleated egg. Once this sank into public consciousness, the "hullabaloo," as Dr. Howard W Jones, Jr., called it, died down.It left in its wake unanswered questions about the ethics of splitting embryos. During the height of the publicity given to the George Washington experiment, newspaper and TV stories had not delved in any depth into the ethical issues it raised. Ethicists, given limited time to discuss the ethical questions at stake, had been quoted in quick, simplistic responses. Some had offered little analysis of the rights and wrongs of embryo splitting, but, revealing tremendous creative talent, had spun out [End Page 187] imaginary and frightening applications of the procedure. This was a story essentially about ethics in which ethics was never really discussed.The National Advisory Board on Ethics in Reproduction* (NABER), an independent, multidisciplinary group that addresses ethical issues in modern reproductive science, technology, and care, became concerned about the sparsity of reflective ethical debate about embryo splitting. NABER's chair, Albert Jonsen, observed that "reporters phoning ethicists for comment and ethicists appearing on talk shows do not a debate make. Debate requires face to face (or at least essay to essay) argument among persons sharing the same information. This has yet to take place." Consequently, NABER decided to convene a workshop on human cloning by embryo splitting at the National Academy of Sciences in February 1994. The board invited participants who would provide a broad range of opinion about the ethical and public policy issues entailed by human embryo splitting. Embryologists, ethicists, reproductive biologists, public policy experts, staff from the National Institutes of Health (NIH), legal scholars, journalists, and infertility specialists were among those who participated. The feature articles in this issue of the Kennedy Institute of Ethics Journal derive from that workshop. Their authors were given free rein to take whatever stance they deemed ethically supportable.The first article is designed to provide some understanding of the science of human cloning as a basis for exploring the ethical issues raised by this set of techniques. Jacques Cohen, a leading reproductive embryologist, and Giles Tomkin, a science writer, both of Cornell University Medical School, explain, in a way that is clear to laypersons and biologists alike, the meaning, nature, and function of cloning. They discuss recent: advances in this area and offer an assessment of feasible uses of human cloning procedures, hoping to dispel what they view as mistaken fears about its future applications. Dr. Howard W Jones, Jr., a pioneer infertility specialist, briefly comments on Cohen and Tomkin's paper, pointing out that embryo splitting may not improve pregnancy results if genetic heterogeneity is required for successful embryo transfer and implantation.In the next article, three major ethical arguments against human cloning by embryo splitting are analyzed and rejected by Ruth Macklin, an expert in reproductive ethics from Albert Einstein College of Medicine. She finds the first argument, that the worth of individuals... (shrink)

Court (Shar’iyya) recordings are at the forefront of primary written sources, which contain important documents related to Turkish history, sociology and culture. The court records shed light on city history of the period concerned with rich information and documents. These records are important books in which the documents related to the judicial, administrative, economic, architectural and social structure of a city as well as diplomatic correspondence between the center and the province were recorded. The purpose of this study is to (...) prepare a detailed catalog in addition to the catalog which was made in 1963 and contained only 119 books specifying only the dates covered by the book number. As we have seen in this study, all of the 119 notebooks in the records do not consist of the court registers in the known form. They are the books that include the records of court proceedings, which are different from those of the court, especially after the Tanzimat e.g. Qassam, Enkiha, Zabt al-Da’wa, Permission and so on. The microfilms of the books were presented to the service of researchers in Sivas Ziya Bey Library of Ancient Works. The originals of the books are in the Prime Ministry State Archives.SummaryShar’iyyaregisters are one of the primary written sources about Turkish history, sociology, and culture relevant to our life. Registry records shed light on the history of city in the relevant period by containing rich information and documents. They are important notebooks, which are related to the judicial, administrative, economic, architectural and social structure of a city, and also in the form of diplomatic correspondence between the central and provincial posts.After the Anatolian Selçuk (Saljūq) State, which collapsed under the pressure and domination of the Iranian Mongols in the last half of the XIIIth century, a state was established in the Selçuk-Byzantine border in the north-west of Anatolia in XIVth century, which did not even lasted a hundred years and had a reign in three continents. In the Bursa inscription, which dated to 1337/8, the second Ottoman Sultan (Sulṭān) Orhan was titled as the mujahedeen (warrior), the sultan of the veterans, son of veteran of veteran. The fact that Orhan carring these titles shows that since the earliest times, the Ottoman sultans considered themselves as the leader of the religious war against the infidels. Since the first years of the establishment of the Ottoman State, the Sharīʿa ruled on the establishment of administration and for this reason, they established institution of the Shaykh al-Islām(the chief juristconsult). Firstly, by appointing a subaşı(subashi, an Ottoman gubernatorial title) to the conquered places, then it gradually began to establish judicial courts from the smallest areas.In the XVth century, the number of qāḍī increased in parallel with the increase in their jurisdiction as a result of the expansion of the Ottoman Empire, and the proliferation of the administrative units called sancak, (sanjaq, division of a province) and so the failure of oneqāḍīto satisfy court affairs of an entire sanjaq. New districts arose from some of the former large districts. As a result of this in the XVIth century, the administrative system of the sanjaq's Tımar system and at the same time a geographical integrity of the districts/provinces to see the legal work of a qāḍī to pass by the districts and sub-district as a legal caused to occur two legal definitions that is legal and military administrative. Records of qāḍīs, which is called as sicilemerged because it was their duty to record their works and orders issued to them and the answers and the provisions given to them.The courts of Shar’iyyaserved as primary general courts (maḥākim-i ʿumūmiye) until the declaration of the Tanẓīmāt in the Ottoman Empire and heard the suit at legal, criminal, administrative, military, financial and all kinds of cases. Tanẓīmāt period, or rather Maḥmūd II and the period following him, the judicial organs in terms of reorganization was a circuit that was on the scene.In this way, which was occurred in the judicial system, records which were kept in the Meşihat (Mashīkhat) began to diversify depending on this change. Since in the registry books, which we call classical, all correspondence between the central and provincial offices were recorded. Records such as pleas, letters of patent, verdicts, order of the high, bonds etc. could be found in these documents.These records, which are one of the most important sources of an Ottoman city history, were kept in the museums and libraries of the cities until recently. A few years ago, these records, with a correct decision, were collected in the Prime Ministry Ottoman Archives and it was preserved and presented to the use of researchers by transferring them into digital. The Sivas Court building as it is known in history is now in the Pāshābeg quarter and known as the Court Bazaar in these days. There is no clear information about when the court was built in Sivas. In time, changes have occurred in cities and we are losing the historical side of them. In addition, the fact that people acted in an unconscious manner that would harm the historical texture was the biggest factor in disappearance of material remains. With the remaining physical materials available, we can only access crumb information and we can only make predictions. In this evaluation, the biggest materials are the documents and notebooks, which are the memory of city dates. However, it is understood from the records that there is a foundation belonging to this court and some of the court's repair and maintenance works were carried out by this foundation. As it is understood from a document dated 14 August 1798, one of the repairs was sponsored by Ḥüseyin Efendī. In an inscription dated 1906, which was found during the renovation of the basement of an apartment building owned by the General Directorate of Foundations in May 2018, the location of the building was previously known as the Sivas Muftī 's Office.In this study, a total of 240 registry books belonging to Sivas were prepared as in a catalog system. In this study, we have seen that a great deal of records have been lost, burnt or destroyed in a certain way through history. The burn marks in the records of 79 is a striking example in this regard. The book number 139, which is not shown in Osman Ersoy's work, is a record book in classical form. An important case in this study is that the register number 206, which is registered to Sivas, belongs to the province of Burdur and it is also a registry book in classical form. This book covers the dates of 18 M. 1248/23 N.1250 - 1832-1835. (shrink)

The law of responsibility (compensation), which was formed around the concept of the ḍamān and was developed by the scholars within the system of furû‘ al-fiqh (substantive law) over time, constitutes one of the important parts of Islamic law. Although compensation law (ḍamān) was not addressed as a private subject in the first period fiqh literature, it is seen that the literature on this specific area started to emerge after the early period. It is the Hanafi jurists who first brought (...) together these issues that are scattered in the classical books of fiqh that are related to the law of responsibility. Compensation law took its classical form in the texts of the early periods and was shaped around the views of the founding imams of the Ḥanafī school (madhab). It has later been expanded with the fatwā and interpretations of the Sheikhs (mesāikh) of Hanafi in the type of waqi'at works. These works were a product of the need for the law to adapt to the new conditions. These issues, which are related to the compensation law in the Hanafi school have been covered as a special section (chapter) in the studies that are classified as waqi'at, such as Usrūshanī’s al-Fuṣūl fī al-muʿāmalat (Fuṣūl al-Usrūshanī), ʿImād al-Dīn al-Marginānī’s Fuṣūl al-iḥkām fī uṣūl al-aḥkām and Shaykh Badr al-Dīn’s Jāmiʿal-Fuṣūlāyn. Later, the topics discussed in these works were developed and continued, and ultimately separate works related to this field have been copyrighted. In this study, the kinds of development and expansion which are in the literature and related subjects will be discussed by examining the above-mentioned works. Therefore; first of all, the first examples of Hanafi jurists related the compensation will be analysed comparatively. Afterwards, the place of ad-Ḍamānāt fī al-furūʻ al-Ḥanafīyyah of Fuḍayl Chalābī (d. 991/1583), one of the Zenbillizade’s, will be addressed.Summary: The core idea of the law of responsibility, which constitutes one of the important parts of Islamic law, was stated in the Qur'an and Hadith, and then have accumulated by the contributions of the jurists (fuqaha), as they developed the idea of the law of responsibility within the furû‘ al-fiqh in relation to the systematic of the legal school (madhab) that they belonged to.These issues, which constitute one of the important parts of the law, were addressed by sprinkling among the topics in almost every part of classical fiqh books. In other words, the subject of ḍamān (responsibility) was not considered as a separate subject in the fiqh works of the first period. In this way, it is seen that the literature on compensation law started to emerge in the following periods, and at first several independent sections on this subject, and then separate works specific to this field, albeit limited in number, were written.It is the Ḥanafī jurists who first brought together these issues that are scattered in the classical fiqh books related to the law of responsibility. Compensation law, which took its classical form in the texts from early periods, shaped around the views of the pioneering imams of the Ḥanafī school, has been expanded with the fatwā and interpretations of the Sheikhs (mesāikh) of Ḥanafī in the waqi'at works, which is a product of the need for the law to adapt to new conditions. Firstly, one of the Ḥanafī jurists, Majd al-Dīn al-Usrūshanī (d. 637/1240) dealt with the responsibilities arising from the contract and unfair acts in the 29th section of his book named al-Fuṣūl fī al-muʿāmalat under the title “Types of Compensation Required to be Paid and Their Situation”. The method and system that Usrūshanī started in this work, the Ḥanafī jurisits ʿImād al-Dīn al-Marginānī in the Fuṣūl al-iḥkām fī uṣūl al-aḥkām and Shaykh Badr al-Dīn Ibn Qāḍī Samāwnā in the Jāmiʿ al-Fuṣūlāyn continued to develop the compensation section in their books. Afterwards Fuḍayl Chalābī (d. 991/1583), one of the members of Zenbillizade’s family, enriched these issues and made it an individual work, named ad-Ḍamānāt fī al-furūʻ al-Ḥanafīyyah. Marginānī titled the issues that Usrūshanī had handled in the compensation section and systemised it even more by gathering the fatwās on the related issues under one heading. It is noteworthy to mention that when the compensation sections of both works are compared, the way the subjects handled are exactly the same. But unlike Usrūshanī, Marginānī added the compensation for damages to the fetus in the womb and the responsibility of the person who brought back the fleeing slave at the end of the chapter. On the other hand, unlike them, Shaykh Badr al-Dīn added only the responsibility of the person who found the lost item. Considering that almost all of the topics in the compensation section of Sheikh Badr al-Dīn existed exactly in the compensation section of Marginānī, and that most of them were stated in Usrūshanī’s al-Fuṣūl, it is necessary to say that all of these discussions are based on Usrūshanī as the main backbone of this particular subject and that his work has a unique place in the Islamic legal literature. Chalābī’s ad-Ḍamānāt, is the first work that was written as a separate book in the field of compensation law. Even though in some modern works claim that the work Ghānim al-Baghdādī’s (d. 1030/1620) book named Majma‘ al-ḍamānāt fī madhhab al-Imām al-A'zam Abī Ḥanīfa al-Nu'mān was the first written book in this field; it is known that Chalābī's ad-Ḍamānāt had been written before Baghdādī’s Majma‘ al-ḍamānāt. As a matter of fact, the work of Chalābī had been completed in 984 Hijra, and the Baghdādī’s Majma‘ al-ḍamānāt was completed in 1027 Hijra. Although the subject sequence in Baghdādī’s work is different; this work is regarded as a continuation of the same tradition.An examination of the systematic and the content of the work reveals that Chalabi’s ad-Ḍamānāt is the continuation of the type of writing that Usrūshanī started and developed by Marginānī and Shaykh Badr al-Dīn. When compared with the compensation sections of these works before him, Chalābī has added new compensation issues to his book that are not addressed in these three works; such as partnership, mudaraba, suretyship (kafāla) transfer (ḥawāla), peace, legal disability (hajr), freedom of trade (idhn) and testament. Among the works mentioned above, works out of Shaykh Badr al-Dīn’s Jāmiʿ al-Fuṣūlāyn and Baghdādī’s Majma‘ al-ḍamānāt are available as manuscripts in the libraries. Therefore, these works have not been used much in modern studies on compensation. In addition, the Chalābī's ad-Ḍamānāt is almost unknown. Although there is little information about this work in some bibliographic studies, it is noteworthy to state that this work is not used as a source in contemporary studies written in Arabic on compensation law. The fact that this work is available as manuscripts in Istanbul libraries is probably the reason for this outcome. It is also very difficult to say that this work is known and used sufficiently in studies written in Turkish.Usrūshanī’s al-Fuṣūl fī al-muʿāmalat and Marginānī’s Fuṣūl al-iḥkām are currently in the form of manuscripts, so there is no comprehensive study on the whole work and the compensation section. It is possible to see the compensation issues discussed in the work, since Shaykh Badr al-Dīn’s Jāmiʿ al-Fuṣūlāyn, which has been published as printed, was translated into Turkish by an editorial group under the presidency of H. Yunus Apaydın. In addition, Kemal Yıldız, who translated the compensation section in this translation, published this section in Jāmiʿal-Fuṣūlāyn as a separate book with the name of “Sources of the Jāmiʿ al-Fuṣūlāyn and Compensation in the Practice of Ḥanafī School”. Yıldız, first introduced the sources of the Jāmiʿ al-Fuṣūlāyn in the first part of this work and then translated the compensation section from beginning to end by adding his own explanations and evaluations around the subject during the second part. Even though some introductory information about the books of Usrūshanī and Marginānī is presented in Yıldız’s study, the absence of information on the contents of the compensation sections of these books does not allow the opportunity for the researchers to evaluate on the subject wholly. (shrink)

ALERT: Before you purchase, check with your instructor or review your course syllabus to ensure that you select the correct ISBN. Several versions of Pearson's MyLab & Mastering products exist for each title, including customized versions for individual schools, and registrations are not transferable. In addition, you may need a CourseID, provided by your instructor, to register for and use Pearson's MyLab & Mastering products. Packages Access codes for Pearson's MyLab & Mastering products may not be included when purchasing (...) or renting from companies other than Pearson; check with the seller before completing your purchase. Used or rental books If you rent or purchase a used book with an access code, the access code may have been redeemed previously and you may have to purchase a new access code. Access codes Access codes that are purchased from sellers other than Pearson carry a higher risk of being either the wrong ISBN or a previously redeemed code. Check with the seller prior to purchase. -- Students learn how traditional ethical theories can be applied to practical problems . Introducing Ethics is a brief text that encourages students to determine how the common wisdom of traditional ethical theories can be applied to practical problems such as the distribution of income and wealth, torture, terrorism, and gay and lesbian rights. The text begins by challenging students to think about whether or not ethics is useful for making choices. It poses three questions: 1) Is morality determined by religion rather than reason? 2) Is everything relative? 3) Is it better to be an egoist? Then, after laying out Utilitarian ethics, Kantian ethics, and Aristotelian ethics, the author poses an additional three challenges focused on the traditional conceptions of ethics: the environmental challenge, the feminist challenge, and the multicultural challenge. Learning Goals Upon completing this book readers will be able to: Answer the question: Do I make ethical or moral choices well? Determine their own responses to ethical challenges Note: MySearchLab does not come automatically packaged with this text. To purchase MySearchLab, please visit: www.mysearchlab.com or you can purchase a ValuePack of the text + MySearchLab (at no additional cost): ValuePack ISBN-10: 0205903843 / ValuePack ISBN-13: 9780205903849. (shrink)

Equal Justice explores the role of the idea of equality in liberal theories of justice. The title indicates the book’s two-part thesis: first, I claim that justice is the central moral category in the socio-political domain; second, I argue for a specific conceptual and normative connection between the ideas of justice and equality. This pertains to the age-old question concerning the normative significance of equality in a theory of justice. The book develops an independent, systematic, and comprehensive theory of (...) equality and egalitarianism. The principal question is about the importance of equality in a theory of justice. More precisely, we should pose questions in four contracting circles: 1. Is justice the supreme value guiding our setup of the basic structure of society, or are there other, equally important values, such as recognition, care, communal belonging? 2. If justice is the highest guiding principle, which competing ideals—especially equality and freedom—ought to have precedence in a policy oriented toward justice? What status does the ideal of equality have in that framework? 3. If equality is a basic ideal of just policy, how should it be practically realized? What sort of equality (equal opportunity, equality of welfare, resource equality) should be demanded? 4. What patterned distribution of which specific goods does the ideal of equality demand? Which principles of distribution can be justified according to our justice ideal? To conclude and summarize: 5. What is the essential core of an egalitarian theory of justice, as opposed to an inegalitarian theory? These five questions structure the work’s order of argumentation. Part A elaborates the conceptual foundations and basic moral principles of justice and equality. Chapter I sets out to install justice as the central moral category in the socio-political domain. At the beginning of the first chapter, the conceptual foundations of justice are clarified. While not eliminating the classical distinctions between different forms of justice, I argue that the distributive paradigm is of primary importance. The primacy of justice in the socio-political domain is developed out of a confrontation with alternative positions, those which maintain either that justice generally, or distributive justice in particular, are subsidiary virtues. At the end of Chapter I, the first of the questions mentioned above is answered in a way that establishes justice as the guiding normative concept for the foundation and evaluation of any social order. To clarify the role of equality in a theory of justice, Chapter II separates the idea of equality into four different principles. They are organized in a way that begins with the most general and uncontroversial principle of equality, and progresses towards increasingly detailed and contested principles. There are two theses that articulate and defend the significance of equality for justice: First there is a conceptual connection between justice and equality, in that principles of formal and proportional equality are necessary in order to explicate the concept of justice. These two principles establish an unbreakable bond between justice and equality. Justice can only be explained—or so I argue—by reference to these and other (normative) principles of equality. The second thesis posits a normative relationship between justice and equality, which is disclosed by three substantive principles of equality: moral equality, the presumption of equality, and the principle of responsibility. I argue that the normative core of an egalitarian theory of justice is expressed by the latter two principles, which are themselves based on the first principle, that of moral equality. When we view one another as persons, what form of equality or equal treatment is normatively demanded? I argue that the answer to this question is given by the procedural principle of the presumption of equality: regardless of their apparent differences, all persons deserve strictly equal treatment, unless certain kinds of differences have whatever particular relevance would justify, on generally acceptable grounds, unequal treatment or unequal distribution. The justification of the presumption of equality is central to this work and has considerable importance. If the presumption principle’s validity can be justified by enlisting the principle of general justification, then the primacy of equality, and the essential argument for an egalitarian theory of justice, is established. This would likewise provide a procedure for the construction of a material theory of justice. The second question is answered thereby at the end of Chapter II: Equality should have primacy over competing ideals within a justice-oriented policy. The presumption of equality establishes this primacy and, at the same time, offers an appropriate metric and guideline for the construction of a material theory of distributive justice. The presumption of equality in Part B offers an elegant procedure for the development of a theory of distributive justice. Chapter III clearly sets out the necessary prerequisites that a theory of distribution must satisfy in order to determine a liberal-egalitarian distributional framework. We need to specify in which situation the distribution takes place; which goods are and are not to be distributed; in which respect the presumptive equality is to be produced; and by and to whom, and for what period, the relevant goods are to be distributed. The distribution is based on resources understood as general-purpose means. It is necessary to divide goods into different categories, since the justification for unequal treatment in one domain will not carry over into another. This makes presumptive equality necessarily complex. To that end, four spheres of justice are distinguished: (1) the political sphere, which involves allocating rights through the distribution of civil liberties; (2) the democratic sphere, in which political power and the rights of political participation are regulated; (3) the economic sphere, in which income and property are distributed; (4) the social sphere, in which social positions and opportunities are distributed. This framework of distributive justice answers the third of our guiding questions, about the nature of equality, in terms of equality of resources. Chapters IV and V set out the egalitarian distributive criteria for each sphere. I argue that the generally accepted, fundamental rights of classical liberalism are more effectively reconstructed by reference to the equal resource distribution presumptively required in those spheres. Chapter IV shows that when it comes to the first two spheres, those involving basic rights and freedoms and entitlement political participation, there can be no justified exceptions to the equal distribution of the relevant goods. That section argues, contrary to what we commonly find in theories of freedom or popular sovereignty, that the value of freedom and self-determination as the political basis of autonomy is best realized through the presumption of equal distribution. Chapter V deals with the other two spheres, those of economic goods and social positions, and argues for justified exceptions to equal distribution. In the economic sphere we find one principal reason favouring unequal distribution of resources, and three restrictions and compensations limiting that inequality. The basic exception to equal economic distribution arises from the unequal consequences of personal responsibility. From a suitably egalitarian standpoint, the principle of responsibility is the normative principle that determines which reasons justify economic inequality. Here the basic idea is that unequal shares of social goods are fair if they result from the choices and deliberate actions of the relevant parties. That individuals have to bear the costs of their own choices is a condition of autonomy. However, benefits or disadvantages arising from arbitrary and unmerited differences in social circumstances or natural endowments is unfair. The unequal consequences of independent decision-making and action must therefore be limited by compensating first for preferences, secondly for disadvantages, and thirdly by redistributing wealth in aid of the worse-off. I situations of emergency, compensating for disadvantages has priority over all other claims, owing to the urgency of the situation. Social inequalities go beyond the permissible limit if it is possible to improve the long-term social or economic situation of the worse-off by redistributing wealth to them. These exceptions lead to a complex system of free economic action within a framework of compensatory tax and transfer mechanisms. Finally, in the social sphere, the distribution of social positions, offices and opportunities must be structured to ensure that equally talented and motivated citizens have roughly equal chances of obtaining those offices or positions, irrespective of their economic or social class backgrounds. This compromise is permissible for reasons of freedom and prudence, and it makes a certain measure of inequality acceptable. The fourth of our guiding questions is answered accordingly. There are five principles of justice for the basic structure of society, and five legal principles that govern the special distribution of goods in the respective spheres—all are ranked according to their most defensible grounds of priority, ensuring that everyone is accorded equal justice. Chapter VI recapitulates the initial question of equality’s value. The conception of equal justice developed in this work postulates five principles of equality and five principles of law; these constitute an egalitarian framework because they support and promote social justice. Equality has value with respect to them, but is not given any independent, intrinsic value. That is why I call the account developed here a form of constitutive egalitarianism: justice is realized through the realization of equality, itself accomplished by applying the five postulates of equality and five distributive principles of law. This is an egalitarianism on two levels. The first level is involves the claim that morality or justice is conceptually connected with equality. The second level gives equality a substantial weight in what is conceptually validated at the first level, namely the presumption of equality, and constructs an appropriate interpretation and conception of distributive justice through principles of distribution for the individual spheres. The weight and importance of equality is shown by the distributive criteria applied to those spheres. This answers our final guiding question about the nature of an egalitarian theory. (shrink)

17 November 1979 You were reading a somewhat retro loveletter, the last in history. But you have not yet received it. Yes, its lack or excess of address prepares it to fall into all hands: a post card, an open letter in which the secret appears, but indecipherably. What does a post card want to say to you? On what conditions is it possible? Its destination traverses you, you no longer know who you are. At the very instant when from (...) its address it interpellates, you, uniquely you, instead of reaching you it divides you or sets you aside, occasionally overlooks you. And you love and you do not love, it makes of you what you wish, it takes you, it leaves you, it gives you. On the other side of the card, look, a proposition is made to you, S and p, Socrates and plato. For once the former seems to write, and with his other hand he is even scratching. But what is Plato doing with his outstretched finger in his back? While you occupy yourself with turning it around in every direction, it is the picture that turns you around like a letter, in advance it deciphers you, it preoccupies space, it procures your words and gestures, all the bodies that you believe you invent in order to determine its outline. You find yourself, you, yourself, on its path. The thick support of the card, a book heavy and light, is also the specter of this scene, the analysis between Socrates and Plato, on the program of several others. Like the soothsayer, a "fortune-telling book" watches over and speculates on that-which-must-happen, on what it indeed might mean _to happen, to arrive, to have to happen_ or _arrive, to let _or _to make happen _or _arrive, to destine, to address, to send, to legate, to inherit_, etc., if it all still signifies, between here and there, the near and the far, _da und fort_, the one or the other. You situate the subject of the book: between the posts and the analytic movement, the pleasure principle and the history of telecommunications, the post card and the purloined letter, in a word the transference from Socrates to Freud, and beyond. This satire of epistolary literature had to be farci, stuffed with addresses, postal codes, crypted missives, anonymous letters, all of it confided to so many modes, genres, and tones. In it I also abuse dates, signatures, titles or references, language itself. J. D. "With _The Post Card_, as with _Glas_, Derrida appears more as writer than as philosopher. Or we could say that here, in what is in part a mock epistolary novel, he stages his writing more overtly than in the scholarly works.... _The Post Card_ also contains a series of self-reflective essays, largely focused on Freud, in which Derrida is beautifully lucid and direct."—Alexander Gelley, _Library Journal_. (shrink)

A large and impressive literature has arisen over the past fifteen years concerning the emergence, transfer, and sustenance of political norms in international life. The presumption of this literature has been, for the most part, that the winds of normative change blow in a progressive direction, toward greater or more stringent normative control of individual or state behavior. Constructivist accounts detail a spiral of mutual normative reinforcement as actors and institutions discover the advantages of normative self- and other evaluation. (...) There is also now much interesting research focused on the question of how to predict the emergence of future norms.I focus, however, on a different issue here: the death of norms that had once seemed well internalized and institutionalized. The issue arises in relation to one of the most dramatic features in the defense policy of the United States since 2001: the crumbling of highly restrictive normative regimes prohibiting interrogatory torture and assassination as part of the “global war on terror.” My aim here is to sketch what I take to be the central features of cases in which even norms that are clearly defined and apparently well internalized in a democracy nonetheless lose their grip on policy. The ultimate lesson, however, is an unappealing irony: While democracies surely do better than authoritarian regimes in adopting and internalizing certain kinds of constraints, in part because of a greater sensitivity to public mobilization around normative questions, that same sensitivity makes the long-term survival of these norms precarious. In particular, I suggest that force-constraining norms are most effectively internalized by coherent and relatively insulated professional cadres who see themselves as needing to act consistently over time. But in a democracy the values and arguments of those cadres are susceptible to being undermined by a combination of public panic and the invocation by policymakers of a public interest that can override the claims both of law and pragmatic restraint. Democracy, hence, can be at the same time both fertile and toxic: fertile as a source of humanitarian values and institutions, but toxic to the very institutions it cultivates.The model I will describe may be of predictive use in helping us to see the special vulnerability of normative orders in democracies. But my hope is that it is also constructive in showing us how states and institutions committed to maintaining a certain normative order, especially democratic states, might best try to entrench those norms. While my argument is conceptual and philosophical, it draws on this recent history. I also add two qualifications to this article's title. First, I am not addressingallnorms, but specific norms concerning the state use of force in national security policy. I therefore do not make claims about the generalizability of the conflict I describe to other norms, for example, norms of racial, sexual, or religious orthodoxy or hierarchy, or norms of reciprocal interaction. Second, reports of a norm's death are frequently exaggerated, since norms can be latent, then resurrected. Arguably, the anti-torture norm was resuscitated by President Obama in 2009 when, as one of his first official acts as chief executive, he moved to prohibit cruel, inhuman, and degrading treatment of detainees. I write here about the path of decay, whether or not that path is unidirectional, and why previously salient norms no longer seem to govern policy choice among political decision-makers. (shrink)

This chapter contains sections titled: What is a Father? Fatherly Mercy as Attitude Mercy Enables Connection with Children Mercy Strengthens Relationships What Does Fatherly Mercy Look Like? Notes.

In the verse of Sūrah al-An'ām 6/38, "Nothing has we omitted from the Book" as it is stated in the 59th verse of the same sūrah, “Anything fresh or dry (green or withered) but is (inscribed) in a record clear (to those who can read)." has been commanded. In the verses of the an-Naḥl 16/44 and 89, it is stated that it was revealed to the Prophet to explain to people everything that was revealed to them. In this meaning, there (...) are other verses in the Qur'ān. Based on these and similar verses, according to some, the Qur'ān; it is a general source of information that anyone who has lost his camel's bridle as an allusion to all knowledge, all knowledge of those before him and those who will come until the Day of Judgment, can find it in the Qur'ān. On the contrary, according to some, it is useless to look for everything in the Qur'ān, which was sent for the guidance of man, happiness in this world and the hereafter, and it is necessary to look for things in line with his goals. From this point of view, the article focuses on the content of the thesis that there is knowledge of everything in the Qur'ān, in Turkish and Arabic websites, and it is tried to understand how the Qur'ān is portrayed as a source of information on these platforms. While doing this, a search was made on Google, one of today's popular and easy access to information platforms, by typing ‘Is there everything in the Qur'ān’. And the content in the first five rows, written and visual, was transferred to the study without falling into repetition. Among these, an evaluation was made based on the most read internet sites and it was seen that the general opinion was that there is everything in the Qur'ān. Content creators have often answered the question of how such a thing is possible, by analogy, in which all the information of a tree is stored in a kernel, a large bale of cotton takes up very little space when compressed, or -in an easy-to-understand analogy for today's people- huge amounts of memory cards are stored in tiny memory cards explained by compressing information. As proof of this, History in the Qur'ān, Technology in the Qur'ān, Astronomy in the Qur'ān and Mathematics in the Qur'ān, are just a few of the titles in this content. Again, according to those who think this way, it is another way of explaining the subject that the Qur'ān is secret and only those who have deepened in science and have certain competence can discover that secret when the time comes. On the other hand, there are also some who say that there is no knowledge of everything in the Qur'ān, even if it is a little. Despite the verses stating that nothing is missing in the book and that everything wet and dry is in the book, it is important how those who hold this view explain the subject. For example, the concept of kitāb is one of the words that have a wujūhāt (different meanings) when the whole of the Qur'ān is taken into account. Because, in various places in the Qur'ān, this word is used in the meaning of the Qur'ān, the lawh-i mahfūẓ, the written/obligatory and the book of deeds. In addition, even if the Qur'ān is meant, it has been stated that the wording here is common, not in the meaning that the knowledge of everything is in the Qur'ān, but in the sense that the things about guidance or in line with the goals of the Qur'ān can be found in it. As a matter of fact, there are other examples of this in the Qur'ān. Considering the context, there is no explicit or implicit presumption in the relevant verses that the Qur'ān is meant by the kitāb-ı mubīn (a revealed book). Therefore, the first period commentators and later commentators understood this expression not as the Qur'ān, but as the lawh-i mahfūẓ. Interestingly, some of the content producers of the website were able to claim that although the commentators expressed their views in writing or orally, the Qur'ān was meant by the kitāb-ı mubīn, and the preference for the lawh-i mahfūẓ needed explanation. As a result, it is understood that those who claim to have all the information in the Qur'ān actually understand the verses in question literally. If the Qur'ān has everything, it is the necessary consequence of this proposition that the Qur'ān will suffice for us without the need for anything else. In our opinion, it is an important contradiction that among those whose views are given, that they leave the method aside on this issue, even though they emphasize reason and method. This makes it very difficult to obtain healthy information about the epistemic value of the Qur'ān from the internet, which is a popular source of information, and to clarify the mind of ordinary people on this subject. (shrink)

This chapter contains sections titled: From Metaphysics to Psychology Shackled by Social Pressure Shackled by Self‐Deception Shackled by Discontent Solutions Shackled by the Dearth of Shackles Discussion Acknowledgments.

This chapter contains sections titled: The State of Play Particles and Relativistic Mass Increase Tachyons.

In lieu of an abstract, here is a brief excerpt of the content:Why Iberia?María Rosa Menocal (bio)My first instinct was to correct the title and rename this essay “Why Medieval Spain?” rather than “Why Iberia?” After all, I never say I work on or teach about “Iberia.” And yet the editors have got it just right to signal—using the geographic Iberia instead of the national Spain—that the terrible difficulty of finding worthy names is at the heart of the matter (...) here, at the heart of why it is that the study of the cultures and peoples of the Iberian peninsula during the medieval period is as exacting, as stimulating, as important as it is. It is easy enough, and accurate enough too, to point out that the study of all premodern cultures brings with it comparable difficulties, that, for example, before there was a France or an Italy, it is also misleading to talk about what might have been French or Italian, and yet medievalists in those areas, as well as the man on the street, regularly do so. But in the case of the Iberian peninsula the misprisions reflected in the confusion of terms—when we call a Christian kingdom “Spanish” but an Islamic one “Moorish,” to take only one of dozens of egregious examples—are confusions both more severe and more meaningful. It is true that Dante is not an Italian, but rather a Florentine, and the distinction is far from trivial—indeed, for Dante, central. And yet the comparable distinctions in the Iberian peninsula are likely to be more searing, because they involve not just political but religious and ethnic distinctions. If we call Rodrigo Diaz, the Cid, a Spaniard, why not his contemporary Judah Halevi? And why do we so often—even among those of us who “know better”—persist in calling the Muslims of the Iberian peninsula “Moors” or even “Arabs”—thus grossly confusing religion and ethnicity and suggesting, every time we do, that to be a Muslim was always not to be a Spaniard, in the way that being a Christian was, or that confession is equivalent to ethnicity?Of course, at this late date we all know the largest answer to these and other comparable questions: Spain defined itself as a modern nation through the expulsion not only of its Jewish and Muslim citizens but especially through the expulsion of the memory that they had ever been a part of the real body politic of “Spain.” It is not merely that after 1492 and 1609 (and everything in between) to be a Spaniard was aggressively defined as those who were not (and, better still, had never been) Christian; it is that this early modern definition of the national identity was transferred to the medieval past, and the medieval past rewritten and reimagined accordingly, as if the twelfth century were already longing for the sixteenth. This obliteration of the historical memory of the cultural and religious complexities of the medieval Iberian universe has long meant that the parameters that define how we talk about its languages and cultures are profoundly misshaped, which I mean not as a moral but as a historical statement: Alfonso X would no doubt have been startled by the suggestion that Arabic was not a vital part of the Castilian cultural universe or that Jews were not Toledanos or Sevillanos, nor citizens of his “Spain.” [End Page 7]It is of course the singular fact in European history—and now the word is out, almost everyone knows it—that the three Abrahamic religions long coexisted, in highly complex and always-shifting ways, in the Iberian peninsula. This has for some years now been both the distinction and the bane of “our” medieval studies, since not only the terminology but the most fundamental epistemological categories at our disposal—things as basic as the languages that are considered the legitimate or necessary ones for a medievalist to study in a department in which Spanish medievalists are trained—are still almost invariably at odds with what, explicitly echoing Americo Castro, we might call la realidad historica. Thus part of the answer to the “Why Iberia” question is that the moment is clearly at hand to begin to undo the damage... (shrink)

: The corpus of fatwa named as Bostānu Shaqā’iq al-Nuʿmān, recorded in the Veliyuddin Efendi section under the number 1414 at Beyazıd State Library. It has been ignored so far. Because of its name, it may be thought that it is a part of Tashkoprulüzāde’s book Shaḳā’iḳ-i Nuʿmāniyya, but it is a nuqullu fatwa collection of Babakūshī ʿAbdurrahmān Efendi. In the famous Shaqā’iq appendix Atā’ī, which gives information about the biography of Abdurrahmān Efendi does not mention the book with this (...) name. Abdurrahman Efendi who was from a family in Plovdiv region worked in different positions in Istanbul and Edirne. Then, he was appointed as a mufti to Kefe, Crimea. He died in 983/1576. There is no information about his scholarly identity in ‛Aṭā‛ī except being the intern of Abū l-Suʿūd Efendi. In this essay, first of all, the place of Babakūshī in Ottoman Islamic Law tradition will be determined, and the features of the manuscripts and some notes on the postscript will be studied. In assessment section, especially because of the notes on the manuscripts, it has to be studied in terms of Islamic Law literature and its place should be figured out in fatwa literature. Summary: Nuqullu Fatwa collections that included citations were the books that were created for people to have access to the ruling on legal issues of scholars who were appointed as Muslim judges or muftis together with their sources and background. Although there are several studies in the literature about fatwa collections with citations Babakūshī ʿAbd al-Raḥmān Efendi's book titled Bostânu Shaqā'iḳ al-Nuʿmān was not included in the literature. ‛Aṭā‛ī provides information about the life of Babakūshī Abdurrahman Efendi. Atâ'î explains that he climbed the stairs with the help of Baba Efendi and joined the special group of people with aptitude at the level of apprenticeship. Then he raised also to the level of being the intern of Abū l-Suʿūd Efendi. Later, Babakūshī ʿAbd al-Raḥmān started to teach. He taught as a teacher for three years in Istanbul and then became the Mufti of Kefe replacing Molla Akmal al-Dīn. Molla Ekmeleddin, who was better known as Ekmel Efendi, just like ʿAbd al-Raḥmān Efendi, was an apprentice of Abū l-Suʿūd Efendi and would later be transferred to Cyprus after the island was conquered. According to Aṭā‛ī, ʿAbd al-Raḥmān Efendi remained in that position which he was appointed as Ṣahn teacher until his death and died in Zilqāda 983/February 1576. The highest position that Babakūshī took among the religious scholars organization in the Ottoman Empire was being the Mufti of Kefe. As stated by ‛Aṭā‛ī, he was appointed as the Mufti of Kefe with the title of Ṣahn teacher. Instead of giving information about his teachers, ‛Aṭā‛ī mostly concentrated on Baba Efendi who was one of his relatives. Therefore we do not have information about his mentors/teachers. We can say that he belonged to the Ottoman school of scholars since he was an apprentice of Abū l-Suʿūd Efendi. The copy which is the subject matter of this study is registered as Veliyüddin Efendi with number 1414 at Bāyezıd State Library. According to our research, the copy which has 237 sheets is the only copy of the book. From the expressions of Babakūshī in the preface, it is concluded that the book was written close to his death. There are several notes written with different pens as footnotes of the book. Here, four of them which are considered to be more important will be identified.First: Notes written with the same pen as the main text. These are generally citations from books such as Tatarkhāniyye, Hidāya, ‛İnâya, Kashf al-Asrâr Sharḥu Manār.Second: are 'maṭlabs' i.e. important matters. Third: are relatively inelaborate notes. These were written by someone who we thought was not a copyist/calligrapher when compared with the general style of the book. Fourth: Warning notes which included some questions. These are generally in Turkish. The preface of the book, provides sufficient information about who the author was and the nature of the book. ʿAbd al-Raḥmān Efendi, with the intention of writing a collection, started to research taking into account imams' and shaykhs' nāsikh and mensūkh and he also considered sheikhs' explanations about what was definite and what needed caution and taqwa in practice. He recorded that this search lasted for 3 years and he referred especially to Fatāwa-yi Qādikhān and Fatāwa-yı Tatarkhāniyya within this period and additionally reviewed and studied Islamic Law books that he found in the Ottoman Empire. He described that he divided these into chapters and inserted subject matters in the footnotes. Then he described how he gave the title, Bostānu Shaqā'iḳ al-Nuʿmān to the book emphasizing especially bostan.This could be seen in the expression, Masīratan li'l-Qudāt. No reference was made to Shaqā'iḳ al-Nuʿmān in the title of the book. Probably he had his intentions due to the famous book titled Şeḳ' āiḳ-i Nuʿmaniye and his pupils). In the chapter which started with Fasl right after the preface the author said that fatwa would be issued based on the opinions of three imams, namely Abū Ḥanīfa, Abu Yūsuf and Imām Muhammed that their madhap was followed and their good morals were observed. Then, it was stated that the Mufti could issue fatwas according to the opinions of first, Abū Ḥanīfa, then Abu Yūsuf and finally Imam Muḥammed. It was also stated that if he could not find their opinions and had himself muctehid, he could give his ictihad. The Fatwa collection, Bostān, is an important work among the 16th century Ottoman books since it is an important scholar's book who had witnessed Islamic knowledge in the central Ottoman Empire and Crimean region. (shrink)

continent. 1.2 (2011): 141-144. This January, while preparing a new course, Robert Seydel was struck and killed by an unexpected heart attack. He was a critically under-appreciated artist and one of the most beloved and admired professors at Hampshire College. At the time of his passing, Seydel was on the brink of a major artistic and career milestone. His Book of Ruth was being prepared for publication by Siglio Press. His publisher describes the book as: “an alchemical assemblage that composes (...) the life of his alter ego, Ruth Greisman— spinster, Sunday painter, and friend to Joseph Cornell and Marcel Duchamp. Through collages, drawings, and journal entries from Ruth’s imagined life, Seydel invokes her interior world in novelistic rhythms.” This convergence of his professional triumph with the tragedy of his death makes now a particularly appropriate time to think about Robert Seydel and his work. This feature contains a selection of excerpts from Book of Ruth (courtesy of Siglio Press) alongside a pair of texts remembering him and giving critical and biographical insights into his art and his person. These texts, from a former student and a colleague respectively, were originally prepared for Seydel's memorial at Hampshire College and have since been revised for publication in continent. For more information on Book of Ruth, please visit the book's page at the Siglio Press website. —Ben Segal draughty R. * Lauren van Haaften-Schick 2011 “The most apt way to order Smithson's library is with the conjunction 'and'; science and religion; modernism and mass culture; what is present and what is missing.” —Alexander Alberro, 248 Robert Seydel's classes on collage and collecting immersed his students in a curious world of cabinets, oddities, exhaustive archives and obscure histories, explored always with critical rigor and a sincere eye for wonder. His office was a compendium of the ancient, mythic, potential and unworldy, where seemingly unrelated references were endlessly pulled, piled and fused in an ecstatic dance of hyper-annotation. The small room and all its contents overflowed with notes tucked in every margin and corner. Books coated the walls like a switchboard, anxious and humming, waiting for infinite links to be activated. William Blake's books of Job and Urizen summoned Greek mythology and the animal as metaphor, leading to 19th century cryptozoology and the cave paintings at Lascaux, Gaston Bachelard's description of the bird in his garden and Robert Rauschenberg's Canyon . Tracking archetypes and following tangential threads, new revelations and ancient narratives were compiled and ordered to form a new text, a bibliography as assemblage, portrait and poem. Robert's library—one of his many collections—is a portrait, an “artifact, collage of time, a token and remnant” (Seydel, 2007) He is humming with it still. The imagination of this room—of Robert—breathes through the pages of Book of Ruth, as every decision and detail unfolds to a cosmos. Allegory, invention, personal and art histories are entangled and leveled, rendering lived, perceived and absorbed experiences indistinguishable. Anonymous scraps discovered on the street or studio floor, careful clippings and drawn figures are chosen and animated through serendipitous destruction and whimsical, delicate positioning. A precise vocabulary of characters and terms erupts and collapses as personas and passers-by wave and whisper, “Every figure reveals aspects of the total form, which is open and green” (Seydel, 2007). The initials R.S. repeat, a nod to Robert's true family tree and further complicating identification. Robt, Robert's sometimes alter-ego, appears in myriad forms as a trickster “half-wit,” mercurial and skittish, or soft and worn thin. Saul is a solemn tinkerer, parsing the world and sometimes blind. Ruth, the speaker of the book, records and translates all, her voice wavering between poetic verse and a cryptic half-speech as complex as it is sparse. The rhythm of frayed edges sets time - the weight of the world and the lightness of paper. Robert wrote of his process, “Material is essential; scuffings carry history, which wanders throughout” (Seydel, 2007). Collectors, assemblers, sway between careful movements of selection and placement as they pull from the found world, mediating calculated and unconscious association to form a lexicon of gestures, symbols and allusion, the “artifacts of a life... the refuse and rejecta of days” (Seydel, 2007). These assembled fragments shift and chatter, at home in their homelessness, actors performing in their own lives, populating an invented world of similar orphans. Such accumulated, severed parts carry the injury of their cutting and retain the evidence of their source, binding loss to creation in a symbiosis of trauma and repair. Mourning and remembrance are deeply embedded in the histories and acts of such practices. Grievance, acceptance, and the fragility of life are conveyed in the 18th century allegorical arrangements of fetal specimens by Frederik Ruysch. A certain melancholy reverence colors Joseph Cornell's intimately tactile assemblages rendering the universe tangible in miniature, or made in devotion to unrequited loves. Preserved in stasis, these ghosts and idols are kept in a purgatory where fact and fiction, past and present are irrelevant distinctions. Catalogued and contained, the subject of loss is transferred to an artifact. Every thread, scrap and letter may be glued, gathered and placed in a museum, a tomb, a box, a page, ripe and open for possession. Holding on to grief and reveling in disrepair, we opt to be haunted. Forever unbalanced and in flux, the sublime of collage is its resolve to irresolution. For Robert, “Art, as creation and as sign of primary Imagination, is not objects but a state, a kind of fluid” (Seydel, 2007) Reflecting on his work, life, and death, I am drawn to my library and the myriad titles acquired through his inspiration. There is Daniel Spoerri's An Anecdoted Topography of Chance , Susan Stewart's On Longing , various Borges, Barthes, Perec, and especially Life: A User's Manual , which concludes that the perfect puzzle will have no solution. I think of the drawers of miscellaneous swallowed objects at the Mutter Museum, Ray Johnson coding the every day in riddles, Wallace Berman twisting tongues, and Susan Hiller laying every detail to bear. Collectors and makers working in endless cycles of observation, ingestion and display. Every gesture informs and is defined by others, every space is shaped by that which surrounds and fills it, the knot has an inner logic, the gigantic is not so different from the miniature, there is a world in every detail, and “All art is collage” (Seydel, 2011) These thoughts have molded my life, my art, and all the minutia that keep the two so profoundly intertwined; There is no difference between life and what we do with our time. “I write my life. I make me up.” What a gift to share this secret way of knowing the world, and to leave this knowledge for us to do with what we please. “Art begins in admiration” (Seydel, 2011) Lauren van Haaften-Schick is a curator, writer and artist based in New York. Upcoming curatorial projects include "Cancelled" at the Center for Book Arts, and "The Spirit of the Signal" at Nicole Klagsbrun Gallery, New York. Recent activities include the workshops "Market, Alternative" and "Alternative Art Economies" at Trade School and Momenta Art, and the e-flux Time/Store, New York. She is the founding director of two arts spaces in Northampton, MA and Philadelphia, PA. She received a BA in Art History and Studio Art from Hampshire college in 2006. Sura Levine on Robert Seydel If early on in his time at Hampshire College I was officially his “mentor,” Robert Seydel quickly became one of my great teachers. Over the years we talked about everything, from art, music, collage, and poetry, to campus politics, this latter far too often. It was always a sublime pleasure, if all too rarely done, to enter his apartment to look at his work in progress, to peruse his bookshelves where, inevitably, there were always new treats to examine. And, while he was working on his Book of Ruth , I was given the opportunity over the course of many meals at the Korean and other restaurants, to talk with him about image and poem ordering. To see how he thought through each comma, each juxtaposition across the gutters of the Book, was to watch a brilliant curator at work. Each day, I walk past his wonderful collaged portrait of Ruth, purchased, after much haggling, as a birthday present, a couple of years ago. And each day, I think how lucky I am to have known Robert as he produced this magnum opus. One of my greatest pleasures in 24 years at the College was to teach “The Collector” with Robert. One of my greatest regrets is that the magic we created together in the classroom will not, and cannot, be duplicated. Its various incarnations, its utter intelligence and magic, were all so deeply Robert’s. His was a mind that put poetry, philosophy, history of science, and history together with art, and art together with music. His intellect and eye were unparalleled. He introduced us to so many artists. He shared his fascination with the cabinets of curiosity of Aldrovandi, of Seba, and Peter the Great’s collection of fetal anomalies, as well as the Museum of Jurassic Technology in Los Angeles. Robert knew them all and so many more. He was a walking encyclopedia, his home a great archive. Arcane knowledge, perhaps, but oh so important for another of Robert’s heroes, the mid-20th century Belgian artist Marcel Broodthaers, whose name he invariably mispronounced as “Broadthayers.” In speaking his name, Robert would always look in my direction in a panic, and then he go on and maul it. I absolutely loved his various mispronunciations of French names and terms! “The Collector” was always filled with talented young artists, art historians, philosophers and writers who all came to understand the wondrous obsessions of the figure of the collector. Students in this course created dazzling projects each term. He always moved while looking and speaking. He read deeply, and commented on everyone’s work with wonderful generosity. Robert always found something to praise even in the least developed of projects. Robert inspired and mentored all of his students into making work that far exceeded their expectations—and ours. For those of you who were lucky enough to have been touched by or to have had an evaluation written by Robert, savor it, keep it, reread it, and share it. He loved working with you all; it is somehow fitting that he died while prepping yet another new course. Robert, it’s almost impossible to speak of you in the past tense, even though you left us a month ago. No doubt, if you knew about our gatherings and celebrations of you, you would be embarrassed that we are making a fuss over you; you always placed the focus on others rather than on yourself. This trait is exactly why so many people miss you now. We’re here to love you publicly as we all did privately for the eleven years you were among us. Robert, my very dear friend, you were an extraordinary artist—you were my brother of choice. My heart broke when yours did. I miss you profoundly. —Sura Levine, February 26, 2011 Sura Levine is a professor of art history at Hampshire College. Her field of specialty is 19th century Belgian and French art, particularly realism and impressionism. Having worked in museums for a number of years both prior to coming to the College, and, as guest curator and co-author of exhibition catalogues, she became particularly interested in the history of museum and trends in collecting. It was because of their shared interests that she and Robert Seydel developed their course, The Collector, which they co-taught for many years. (shrink)

The concept of Amīr al-Umarā was used for the first time during the re-ign of Caliph Umar. This term, which was used to mean "commander-in-chief" at that time, denoted a higher rank during the Abbasid period. This institution was used during the Abbasid period to express a title between vizierate and caliphate. However, Amīr al-Umarā had much more authority than the viziers. During the establishment of this institution, the position of vizier continued to exist, but the vizier no longer (...) had any authority. The Caliph transferred almost all his authority and responsibility to Amīr al-Umarā. The reason for the emergence of this institution, equipped with enormous powers, was to restore the political and economic stability that had been lost throughout the country. Founded by Caliph Rāzī (d. 329/940) in the mid-tenth century, this institution continued its existence for about ten years. Charismatic leaders of the period such as Ibn Rāik (d. 330/942), Bajkam (d. 329/941) and Tuzun (ö. 333/945) were appointed with the authority of Amīr al-Umarā. In this study, an answer was sought to the question of whether this institution, which was established to end the bad situation in the country, could provide the expected function. How did Amīr al-Umarā, equipped with extraordinary powers, contribute to political and economic stability? As a result of the research, it was seen that amīrs who were assigned with high expectations could not show the success expected from them. As a result of the research, it was seen that amīrs who were assigned with high expectations could not show the success expected from them. Worse still, due to the struggle to become Amīr al-Umarā, the Abbasids came to a point where it looked back to its old days. (shrink)

The first book for which I had title-envy was Peter Laslett's The World We Have Lost (1965). At once mysterious and memorable, the phrase on the cover promised (at least to my undergraduate eyes) a kind of history that was shadowy and unfamiliar. Thanks to the success of the social history it launched, the work now looks surprisingly straightforward: its facts and figures documenting premodern English society—its class structures, marriage practices, literacy rates, and so on—make the past feel found. (...) So much so that the very existence of so much data threatens to belie the claim of the title.But loss, for Laslett, is not absence; it is, rather, the condition of change through time, and his book was written to show precisely how much England had been transformed during the long course of the Industrial Revolution. In this sense, his title might serve for almost any account of people, places, or things that are no longer as they were.Worlds do nonetheless get lost, and we do not have to travel very far back into the past to become aware of the gaps in the record. Martin Mulsow has written a book that, finally, does justice to the precarious nature of what becomes history, and this new translation (sensitively rendered and beautifully produced) will prevent this magisterial work of German intellectual history from being lost on Anglophone readers. As a title, Knowledge Lost is not, to be sure, as catchy as Laslett's formulation. Nor does it capture the nuance of the name given to the original German publication (issued by Suhrkamp in 2012): Prekäres Wissen. What Mulsow recovers with a combination of historical narrative, historiographical analysis, and good old-fashioned sleuthing is the fragility of knowledge (and of those who traded in it) in early modern Europe.In a nice neologism, Mulsow names this group the Wissenprekariat (or “intellectual precariat”): his “knowledge underclass” includes radicals, obsessives, and cranks, but also mainstream scholars who simply became what Michel Foucault liked to call “infamous”—both scandalous, that is, and obscure. What makes the book essential reading even for those with little interest in the fringes of the Renaissance or Enlightenment is the anatomy of precarity itself, a state that shadows knowledge in many times and places. With a nod toward the “material turn” in historical writing, Mulsow pays particular attention to the risks involved in certain media or types of transmission. But he also looks at the social, disciplinary, and ideological forces that drive certain forms of knowing—and the figures with whom they are associated—underground.Thus his book amounts to nothing less than an alternative intellectual history of the early modern period, one that offers countless correctives to the received narratives that continue to favor the successful publications of major thinkers. But it is also a book for our own time. Mulsow's “Concluding Word” attempts to be optimistic, and he ends with a tantalizing list of the other unwritten histories that this one calls for—including “a history of maskings,” “a history of the ways knowledge could be appropriated on note cards that could easily be lost,” and “a history of the generational transfer of embarrassing knowledge.” His final paragraph acknowledges that “many kinds of precarity have declined” since the seventeenth century: now “we can insure ourselves against many risks, and... packages are reliably delivered.” Written only ten years ago, these words seem to come from another world we have lost, one before disrupted supply chains and the resurgence of populist politicians bringing back forms of precarity we thought we had left behind. If ever a book needed a new afterword, it is this one. (shrink)

As in every religious issue, the two main resources of Islām which are the Qur’ān and the Sunnah/ḥadīths are the first reference sources for deciding the things that are forbidden by Islam. There is no evidence in the Qur’ān that suggests specific types of animals are forbidden to eat except pork. Other than pork, only the animals which are slaughtered without the name of Allah, their blood and their carcass are forbidden to consume. Except these restricted ill-gotten meats, in the (...) Qur’ānic verses there are no other limitations referring to different animals. However, in Ḥadīth sources there are some narratives referring to the Prophet Muḥammad, implying that He named some other forbidden animals beside the ones specified in the Qur’ān. Collecting the narratives and evaluating them as a whole will contribute for a better understanding of the rules and principles of prohibitions that the Prophet Muḥammad imposed on this issue. Moreover, it will help to identify whether those rulings on some animals are unconditional and world-wide or cause-related and thus changeable according to the conditions. Furthermore, in this matter, although some animals‘ meat are not mentioned as forbidden in the Qur’ān, they are banned by the Prophet Muḥammad. This brings the need to highlight the importance of the capacity of the Prophet Muḥammad on deciding what is permissible (ḥalāl) and forbidden (ḥarām) in the religion.SummaryWhile the authority for determining what is ḥalāl (lawful) and what is ḥarām(forbidden) belongs essentially to Allah, the Prophet Muḥammad is also authorized to appoint what is ḥalāl-ḥarām by Allah.Authority of the Prophet Muḥammadrelated to the issue is not absolute and stems from the Qur’ān. Ḥalāland ḥarāmin the Qur’ān prescribed by Allah can be included in the concepts of maʿrūf (right) - munkar (wrong) andṭayyibāt (clean) - hkabāis (filthy). It is understood that the Prophet Muḥammadgrounded his commands in the concept of hkabāis.Prohibitions related to animal meats in the Qur’ānare limited to four: carcass, blood, pork and animals, which are not slaughtered in the name of Allah. However, in the Ḥadīth resources there are some narratives about the Prophet’s prohibition on consuming some types of animals other than the forbidden animals specified in the verses. These narratives can be classified in three titles:1. Animals, which are prohibited to be eaten 2. Animals, which are prohibited because of the way they are fed and slaughtered3. The matter of prohibition of the animals, which are commanded or forbidden to be slaughtered by the Prophet Muḥammad.At the end of the studies conducted based upon ḥadīth resources, in particular Kutūb al-Sittah (the well-known six ḥadīth books), it has been discovered that the animals, which are mentioned as not being permissible in the narratives, they are limited to domesticated donkey and the species of “predatory animals, predatory birds”, namely wolf, fox and cat. Even though the narratives about hyena imply as eatable, hyena is included in this article as it’s a predatory animal.The narratives regarding the prohibition of meat of domesticated donkey were transferred by approximately twenty Companions in respect to the time of the Battle of Khyber. This prohibition is generally stated in the ḥadīthresources as: “We were having dire hunger at the nights of Khyber. When the day for Khyber came, we encountered domesticated donkeys. We immediately slaughtered them. When we put the meat in the pot and started to boil it, crier of the Prophet Muḥammadcalled “Knock over the pots and don’t eat any of the donkey meat”. Regarding the issue there are such statements of some Companions like “we were banned from eating domesticated donkey”, “The Prophet banned the meat of domesticated donkey” among the narratives about the ban. In addition to a large number of narratives about the prohibition of domesticated donkey meat, there are two narratives related to permission of the Prophet for eating domesticated donkey and a narrative that Ibn ‘Abbās did not accept the ban. One of the said narratives is not among the narratives in the Kutūb al-Sittah while the other one is stated solely in the Sunanof Abū Dāwūd and thought to be acceptable by the traditionists. Even though this narrative’s authenticity is accepted, it is understood that there is an implication for the permission based on a necessity. According to the narrative, Ibn ʿAbbās referred to 145thverse of the surah al-An’am as a proof to his view saying “What ḥalālis what Allah allowed, what ḥaramis what Allah forbidden and the things about which there is no judgement of Allah are mubāḥ (permissible)”. As for us, the fact that Ibn ʿAbbās did not accepted the prohibition implies that he did not recognize the Prophet’s command related to the prohibition as an absolute prohibition. The conveyances of many Companions, which are consistent with each other, about the Prophet’s prohibition on eating domesticated donkey during the Battle of Khyber, proved that the prohibition was applied. Even though there is no dispute about prohibiting domesticated donkey, it is controversial whether the prohibition is absolute, constant or provisional based on certain reasons. It is more reasonable to accept that this prohibition was provisional and it was based on certain reasons. Because there are many narratives bearing information that this prohibition was due to several reasons and this is a situation which needs to be considered. Accordingly, there are three reasons, nearly all of which are attributed to judgement of the Companions. These were the facts that domesticated donkey was used in transportation; it used to eat filth and it was slaughtered/consumed without distributing booty/paying taxes. The seeking of the Companions for any reason for this prohibition indicates that they needed to comprehend this prohibition and that the prohibition is not absolute and constant.There is no explanation neither in the resources where the narratives are included nor in the annotation about when, where, why and in which context the prohibition regarding the predatory animals was realized. It is highly possible to assume that the Prophet prohibited these animal as they eat carcass. Another interesting issue within this regard is the fact that there are narratives and views indicating permissibility of eating hyena, which is a predatory, while predatory animals are forbidden in the narratives. Statements of the Prophet related to permissibility of eating hyena, which are considered authentic by traditionists and information about the Arabs who used to eat hyena and some of the Companions who praised eating hyena indicate that urf (custom) has a primary and decisive role about permissibility of eating meats. Regarding this matter about the hyenas, the narratives pointing out some Companions like ʿĀʾisha bint Abī Bakr and Ibn ‘Abbās who viewed prohibition of animals other than the prohibited animals in the Qur’an as inapplicable and other issues referring to the dispute indicate that prohibition of the Prophet Muḥammadfor predators can not be accepted as an absolute and unquestionable prohibition. Some of the prohibitions mentioned in ḥadīth narratives, except these animals, stem from the way of feeding and slaughtering of some animals. It is understood that consuming meat and milk of the animals that eat filth is prohibited in order to abstain from the things harming human health and mujassam (killing an animal with an arrow, etc. by fastening it as a target) is prohibited as carcass is banned and it is not permissible to torture and harm animals. Some of the prohibitions are related to the some animals, which were allowed and banned to slaughter by the Prophet. As the Prophet commanded some animals to be slaughtered and some animals not, meat of these animals was considered as forbidden. There is a dispute among the scholars, whilst there is not any statement of the Prophet about whether the animals included in this group can be eaten or not. It is seen that the Prophet ordered to slaughter some of the animals and prohibited to slaughter some other animals based on several reasons. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:THE MEANING OF VIRTUE IN THE CHRISTIAN MORAL LIFE: ITS SIGNIFICANCE FOR HUMAN LIFE ISSUES RoMANUS CESSARIO, O.P. Dominican House of Stuaies Washington, D.a. RCENTLY, AN International Congress of moral theology convened in Rome brought together some three hundred academicians. They participated in an open forum devoted to current questions in moral theology and bioethics. Held at the Lateran University, the Congress, "Humanae vita,e: 20 Anni Dopo," was divided (...) into two parts. Although a majority of the presentations concerned the relevance of the Church's teaching on artificial contraception, the membership did devote the second part of the Congress to a sustained discussion of some new issues raised by Donum vitae (1987), the recent instruction of the Congregation for the Doctrine of the Faith on " Respect for Human Life in its Origin and on the Dignity of Procreation." To be sure, both documents emphasize the Church's constant teaching concerning the providence of God in human life and the dignity of the human person. Nevertheless, procedures such as GIFT (gamete intra.-fallopian transfer), LTOT (low tubal ovum transfer ), TOT (tubal ovum transfer) provide the moral theologian with new challenges to interpret the Church's position which insists on identifying the procrea.tive and unitive aspects of Christian marriage. The following article discusses the papal documents from the perspective of a realist moral theology. First of all, I would like to recall a principle which Paul VI, however obliquely, enunciated in the course of Humanae Vitae, for I consider the principle an axiomatic one in the present discussion. At the beginning of section 8 entitled "Pastoral 178 174 ROMANUS CESSARIO, O.P. Directives," we find a statement of theological purpose which should guide all Catholic moral practice. Hence, I would like to quote this text as a way of introducing the meaning of virtue in the Christian moral life. The Church, in fact, cannot have a different conduct toward men [and women] than that of the Redeemer: she knows their weaknesses, has compassion on the crowd, receives sinners; but she cannot renounce the teaching of the law which is, in reality, that law proper to a human Zife restored to its original truth and conducted by the Spirit of God.1 I am especially struck by the phrase " that law proper to a human life restored to its original truth," for I believe it actually describes the kind of life which develops in those who practice the virtues. Yet, before speaking about the implications of a virtue-centered morality for the difficult issues of bioethics, I would like to remark briefly on the way certain contemporary theologians misinterpret what Paul VI calls the " law proper to a human life restored to its original truth." In order to do so I have divided this paper into three parts. Thus, the first section of the paper examines several themes in contemporary moral methodology. The second section provides a general statement about the relationship between moral theology and the sa,cra domrina. Finally, the third section briefly considers why the life of virtue remains the only legitimate means for fulfilling the " law proper to a human life restored to its original truth." First, then, to contemporary themes. I Proportionate Reason and the Ethics of Personal Responsibility In an earlier draft of this paper, I titled this section "St. Ignatius, St. Alphonsus, and St. Elsewhere." I had considered actually outlining the moral methodologies of two Roman theo1 Paul VI, Humanae vitae, n. 20. VIRTUE THEORY AND HUMAN LIFE ISSUES 175 logians, the German Jesuit Josef Fuchs 2 and the Redemptorist Bernard Haring.3 These authors have influenced most leading revisionist moral theologians in America, especially Charles Curran.4 One could argue, therefore, that they figure among the principals in the current debate over bioethical norms. Upon reflection, however, it seemed rpreferable simply to signal two or three basic themes which appear in most revisionist moral theology, especially as it has been developed in the United States. In brief, these themes focus principally on (1) the freedom of the individual, and (2) the consequences or end results of an action. Revisionist moral theologians receive their name from the fact that their announced purpose... (shrink)

Background Biobanking and genomic research requires collection and storage of human tissue from study participants. From participants’ perspectives within the African context, this can be associated with fears and misgivings due to a myriad of factors including myths and mistrust of researchers. From the researchers angle ethical dilemmas may arise especially with consenting and sample reuse during storage. The aim of this paper was to explore these ethical considerations in the establishment and conduct of biobanking and genomic studies in Africa. (...) Methods We conducted a narrative synthesis following a comprehensive search of nine (9) databases and grey literature. All primary research study designs were eligible for inclusion as well as both quantitative and qualitative evidence from peer reviewed journals, spanning a maximum of 20 years (2000–2020). It focused on research work conducted in Africa, even if data was stored or analysed outside the region. Results Of 2,663 title and abstracts screened, 94 full texts were retrieved and reviewed for eligibility. We included 12 studies (7 qualitative; 4 quantitative and one mixed methods). Ethical issues described in these papers related to community knowledge and understanding of biobanking and genomic research, regulation, and governance of same by research ethics committees, enrolment of participants, types of informed consents, data collection, storage, usage and sharing as well as material transfer, returning results and benefit sharing. ca. Biospecimen collection and storage is given in trust and participants expect confidentially of data and results generated. Most participants are comfortable with broad consent due to trust in researchers, though a few would like to be contacted for reconsenting in future studies, and this would depend on whether the new research is for good cause. Sharing data with external partners is welcome in some contexts but some research participants did not trust foreign researchers. Conclusion Biobanking and genomic studies are a real need in Africa. Linked to this are ethical considerations related to setting up and participation in biobanks as well as data storage, export, use and sharing. There is emerging or pre-existing consensus around the acceptability of broad consent as a suitable model of consent, the need for Africans to take the lead in international collaborative studies, with deliberate efforts to build capacity in local storage and analysis of samples and employ processes of sample collection and use that build trust of communities and potential study participants. Research ethics committees, researchers and communities need to work together to work together to adapt and use clearly defined ethical frameworks, guidelines, and policy documents to harmonize the establishment and running of biobanking and genomic research in Africa. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Inductive Scepticism and Experimental Reasoning in Moral Subjects in Hume's Philosophy Anne Jaap Jacobson According to its title page, Hume's Treatise Concerning HumanNature is An ATTEMPT to introduce the experimental Method ofReasoning INTO MORAL SUBJECTS."1 And from the first section onwards, Hume makes statements about the human mind which are given an unqualified generality;An Enquiry ConcerningHuman Understanding is marked by a similar assurance that much about human understanding (...) can be known. Because of this, exegesis which attributes to Hume an unrestrained scepticism about the experimental method appears to attribute to him inconsistency on such a scale as to render the interpretation itselfquestionable. Nonetheless, there is, atleast on the face ofit, considerable justification for ascribing to Hume just such a scepticism. In this paper I explore sceptical features, some ofthem important but little noticed, in Hume's treatment of causality and our beliefs about the unobserved. Though I end by suggestinghow to avoidviewing Hume in this area as simply lamentably inconsistent, Hume's use of the experimental method doesremain problematic, as, I suggest, Hume himselfthought. The first three of the following sections in this paper treat connected themes in Hume's philosophy which, when taken together, present us with a very sceptical view of experimental reasoning. I. Necessity as projected impression Hume holds that our beliefs about causality in the objects are in large part the result of a projection of an internal impression of (some kind of) necessity. The thesis ofprojection is not entirely straightforward; to see this, let us ask the question, is the impression which is projected semantically simple or complex? There are excellentreasonsforregarding the impression as simple as Hume conceives of "simple" in this context. Hume himselfappears to sayitis simple (E 64, n. 1). Andmuch of Hume's discussion ofnecessity is driven by the principle that there can be no idea without a preceding impression, and this principle applies only to simple ideas. But the consequent reading is far from satisfactory. To see the problem, let us look at what seems to be the Volume XV Number 2 325 ANNE JAAP JACOBSON most entrenched understanding ofHume, one perhaps amark ofKemp Smith's influence. This is the view that Hume is saying that the impression source of our idea of necessity is a feeling of anticipation. The problem is this: ifa feeling ofanticipation is a simple impression, it is not at all clear that the impression can do the job Hume has for it. Remember that if the impression is in content itselfrelational, then it is not a simple impression on Hume's own account, since ideas of relations are for him complex (T 13). Hence, we might take the impression to be of the sort described by Stroud, according to whom the impression yielding our idea of necessity is semantically unrelated to the elements of the relation. But such a reading robs Hume of the explanatory position he so clearly thinks he has. If we have a semantically simple impression it becomes a mystery why the spreading has the effects that it does: when we transfer the determination ofthe thought to external objects, andsuppose any real intelligible connexion betwixt them. (T 168, my emphasis) Why does spreading some simple, indefinable feeling result in our supposing there is a real intelligible connection between the objects on which the mind has spread? To get this result it looks as though the mind will have tomake two mistakes: thefirstmistake is the spreading, and the second mistake consists in the mind's inferring from the experience of the impression as spread that somehow the causal inference itself is also out there in nature as an intelligible connection. But, while Hume does sometimes seem to suggest we make this sort of two-step error (T 223, for example), such a picture makes it seem that the impression spread is not really the semantic source of (that is, wholly determinate of the content of) our idea ofnecessity. Rather, on the two-step error model, our belief that there are connections enters as a result of an inference following upon the spreading; however, for Hume, an inference is not the way an impression ofX gives rise to an idea ofX... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Cross and Creation: A Theological Introduction to Origen of Alexandria by Mark E. TherrienJean-Paul JugeCross and Creation: A Theological Introduction to Origen of Alexandria by Mark E. Therrien (Washington, DC: Catholic University of America Press, 2022), xxii + 303 pp.Although Origen of Alexandria has been misrepresented and maligned since his own lifetime, allies have always arisen to defend him in his stead. Especially after the French Catholic reappraisal (...) of Origen's theology in the twentieth century, the once-dominant interpretation of Origen as a Platonist dressed in Christian garb no longer holds sway among most scholars. As Mark Therrien notes, however, traces of a "metaphysical reductionist" interpretation of Origen, propounded most notably by Adolf [End Page 295] von Harnack, still influences Origenian scholarship (89). Therrien's book vigorously opposes this line of interpretation and provides a rereading of crucial passages in Origen's On First Principles (Peri archōn) and his Commentary on John. In addition to presenting a fresh interpretation of these texts, Therrien also offers an introduction for those who are encountering Origen's theology for the first time. Rather than prefacing with biographical remarks, this book dives straight into Origen's major theological texts, allowing the reader, as Henri de Lubac put it, "to see Origen at work."Therrien operates under the principle that Origen is above all a biblical theologian whose speculation is driven primarily by his commitment to exegesis rather than Platonic presuppositions. Thus, his reading of various controversial excerpts of Origen, particularly from the Peri archōn, pays close attention to the biblical verses that Origen cites, which operate not as mere ornamentation but as the indispensable mechanics of his theology.This book is divided into eight chapters, each of which presents a "fundamental pillar" of Origen's thought: God, Christ, the Holy Spirit, eschatology the soul, the world, the Cross, and deification. Drawing attention to the first two cycles that comprise Origen's Peri archōn, Therrien treats the first cycle as authoritative to Origen's system, since it is here that Origen presents the Church's teaching in a more dogmatic form prior to the zetetic approach of the second cycle. Chapter 1 highlights the anti-Valentinian polemic that contextualizes Origen's account of divine incorporeality and the possibility of genuine knowledge of God. Following the insights of Cyril O'Regan, Therrien notes that an extreme apophaticism led the Valentinian Gnostics to "assimilat[e] God to creaturely categories," as seen in their account of various deities emanating from God as if by a material transfer of substance (36). For Origen, only the Father, the Son, and the Holy Spirit are absolutely incorporeal, and it is their absolute incorporeality that separates the Trinity from all creatures. Despite this fundamental distinction between the Trinity and creation, Origen affirms that a limited knowledge of God is possible for rational creatures with the caveat that, whenever God is likened analogically to a created reality, the dissimilarity is always greater (38). Therrien contends that, unlike the Gnostics, Origen envisions the material world as the positive and even necessary means for creatures to derive knowledge of God.Chapter 2 focuses on Origen's Christology, especially the primacy of Christ's title "Wisdom," which the author accounts for by explaining the logic behind Origen's exegesis of John's Prologue and Prov 8:22. Long before the Arian controversy of the fourth century, Origen insisted that God is eternally Father and thus generates the Son from all eternity. Origen has often been characterized, however, as arguing that God's eternal status as Creator [End Page 296] necessarily entails the existence of creation ab aeterno. Therrien points out that such a reading conflates Origen's two distinct notions of creation: the foreknown existence of creatures as "sketched and prefigured" in Wisdom from all eternity and the concrete, substantial existence of creatures that begins in time (60). The investigation of Origen's pneumatology in chapter 3 shows how Ps 103 (in the Septuagint) informs Origen's notion of the Holy Spirit as Creator. For Origen, creation is not simply a past event, but is instead a dynamic process: "Created beings must, so to... (shrink)

The starting point for this paper is the question that forms its title. Why is it that management seems to have no history? In making this bold claim I am not of course suggesting that historians have not written about management, as of course they have. The question I am posing is rather one about the practice of management, its received status as an amalgam of technical insights and administrative expertise perceived to stand objectively, and necessarily so, a corpus (...) of skills analogous to those an engineer or a chemist might have: management as a transferable technology unclouded by competing values. Nor am I suggesting that the practice of management has been perceived as unproblematic. Rather, I aim to probe the degree to which its nature as an objective ‘know-how’ renders it as in some way anterior to ethics. It is that proposition that I am attempting to investigate here, indirectly as it were, by posing this question — a question initially about history. This question it seems to me is underlined by the assumption that the history of management is necessarily circumscribed in a way that, say, political history or the history of religion is not. Is it the story of how this expertise was acquired, the intellectual equivalent of a Brunel or a Napier, building bridges or constructing log tables? Or is it something more? Religion and politics clearly have a more problematic history than this, while management appears not to do so; and it is that question I propose to probe in this essay. (shrink)

Guess the defined words and write them below, one letter per numbered blank. Transfer each letter of these words to the appropriate numbered square in the diagram. The filled-in diagram should contain a quotation reading from left to right. Only black squares, not ends of lines, indicate word endings, The first letters of the guessed words should give, reading vertically, the author of the quotation and the title of the work from which it was taken. Veteran readers of (...) the Saturday Review and the Sunday New York Times should already be familiar with such double-crostic puzzles, which were originally developed by Elizabeth S. Kingsley, Doris Nash Wortman, and Thomas H. Middleton. (shrink)

This paper argues that the inheritance of wealth must be grounded on reasons other than the defense of the testator’s right to bequeath or that of an heir’s alleged moral right to receive inheritance. It asserts that the accepted approach in anglophone political philosophy about the justice of inheritance along the framework of ‘justice in transfer’ is misguided. Taking _Rest_ land inheritance in Ethiopia as a case study, it defends a system of corporate ownership of land by the descent (...) group with an internal limitation put on the absoluteness of individual titles. Moreover, it submits, inheritance is permissible on reasons that (a) it must relate to preserving equality of opportunity and of a fair playing field, and (b) it ought to be predicated on a more expansive conception of kinship than is customarily accepted in Western societies. As land becomes progressively scarce, the evolution of ownership from private to family and then to corporate ownership signifies a sound interpretation of what it means to leave enough and as good for others to appropriate. (shrink)