Etiquette and other merely formal normative standards like legality, honor, and rules of games are taken less seriously than they should be. While these standards are not intrinsically reason-providing in the way morality is often taken to be, they also play an important role in our practical lives: we collectively treat them as important for assessing the behavior of ourselves and others and as licensing particular forms of sanction for violations. This chapter develops a novel account of the normativity (...) of formal standards where the role they play in our practical lives explains a distinctive kind of reason to obey them. We have this kind of reason to be polite because etiquette is important to us. We also have this kind of reason to be moral because morality is important to us. This parallel suggests that the importance we assign to morality is insufficient to justify it being substantive. (shrink)

A system of values plays an important intermediary role in the human conceptual system. An individual associates a value – an abstract valence and quantity – with a past, present, or contemplated object or action in the environment, and uses values to help determine what actions to take. Value can be categorized into a number of different types, the most important of which for the purposes of the present article are affective value, normative value, and esteem. Normative value in turn (...) divides into several subdomains such as moral value, legality, etiquette, and religious value. In addition, values can be divided along the orthogonal dimension of objective versus subjective. Each type of value plays its own characteristic role in affecting choice of action in interaction with the others.Given an explicit formulation of systems of value, it then becomes possible to work out more precise accounts of value-laden systems of concepts. Two are explored here: fairness and freely chosen reciprocity, the latter including retaliation, restitution, honoring, shaming, and apologizing.The overall hypothesis that emerges from the investigation is that the basic categories of value and the inference rules built on them are human universals. Cultures' value systems differ primarily in what actions and objects are assigned what values and the relative weighting of different sources of value in cases where they interact. (shrink)

Ethics of the police workers, lawyers and judges.

Prescriptive rules guide human behavior across various domains of community life, including law, morality, and etiquette. What, specifically, are rules in the eyes of their subjects, i.e., those who are expected to abide by them? Over the last sixty years, theorists in the philosophy of law have offered a useful framework with which to consider this question. Some, following H. L. A. Hart, argue that a rule’s text at least sometimes suffices to determine whether the rule itself covers a (...) case. Others, in the spirit of Lon Fuller, believe that there is no way to understand a rule without invoking its purpose — the benevolent ends which it is meant to advance. In this paper we ask whether people associate rules with their textual formulation or their underlying purpose. We find that both text and purpose guide people’s reasoning about the scope of a rule. Overall, a rule’s text more strongly contributed to rule infraction decisions than did its purpose. The balance of these considerations, however, varied across experimental conditions: In conditions favoring a spontaneous judgment, rule interpretation was affected by moral purposes, whereas analytic conditions resulted in a greater adherence to textual interpretations. In sum, our findings suggest that the philosophical debate between textualism and purposivism partly reflects two broader approaches to normative reasoning that vary within and across individuals. Keywords: , the concept of law, rules, legal psychology, Hart, Fuller. (shrink)

Many virtual communities that rely on user-generated content (such as social news sites, citizen journals, and encyclopedias in particular) offer unrestricted and immediate ‘write access’ to every contributor. It is argued that these communities do not just assume that the trust granted by that policy is well-placed; they have developed extensive mechanisms that underpin the trust involved (‘backgrounding’). These target contributors (stipulating legal terms of use and developing etiquette, both underscored by sanctions) as well as the contents contributed (...) by them (patrolling for illegal and/or vandalist content, variously performed by humans and bots; voting schemes). Backgrounding trust is argued to be important since it facilitates the avoidance of bureaucratic measures that may easily cause unrest among community members and chase them away. (shrink)

In this essay we explain some of the problems of the Venezuelan criminal justice sub-system and, in general, the criminal law enforcement. That is to say, that which is expressed in the persecutory actions of the investigating authorities and the criminal courts, after having established in Venezuela a Carl Schmitt concept of Dual State with the purpose of eliminating “bourgeois” democracy and implanting the model of so-called Socialism of the XXI Century. In this sense, it is a question of identifying (...) the flagrant persecution and violation of human rights of those who do not have the capacity to resist the attacks emanating from the State in the abusive use of coercion and legal violence. With the Dual State want to impose an utopia by force, which leads to dystopia, due to the division and polarization of society with the dichotomous politics of friend-enemy, In a process of etiquette and "demonization" of the enemy. (shrink)

This chapter focuses on one of the common fallacies in Western philosophy: the moralistic fallacy. The moralistic fallacy occurs when one concludes that something is a particular way because it should or ought to be that way. Alternatively, this fallacy occurs when one concludes that something cannot be a particular way because it should not or ought not be that way. The moralistic fallacy is often described as the reverse of the is/ought fallacy, wherein one reasons fallaciously that because things (...) are a particular way, they ought to be that way. Variations of the moralistic fallacy occur whenever any normative claim is used to justify a factual claim about the world, and so the pattern of fallacious reason central to the moralistic fallacy can also be found in legal reasoning, prudential reasoning, or reasoning regarding proper etiquette, aesthetics, humor, or appropriate emotional responses. (shrink)

There are many different oughts. There is a moral ought, a prudential ought, an epistemic ought, the legal ought, the ought of etiquette, and so on. These oughts can prescribe incompatible actions. What I morally ought to do may be different from what I self-interestedly ought to do. Philosophers have claimed that these conflicts are resolved by an authoritative ought, or by facts about what one ought to do simpliciter or all-things-considered. However, the only coherent notion of an (...) ought simpliciter has preposterous first-order normative commitments. It is more reasonable to reject the ought simpliciter in favor of the form of normative pluralism advocated in (Tiffany 2007). (shrink)

Even though tacit legal norms are deeply important to our past, present, and future, the very idea of unwritten law has been difficult to pin down, and problematic in a range of ways. Existing discussions of the phenomenon fall short of adequacy on one of several fronts: either they have focused on describing the normative features of one kind of unwritten law, or completely conflated the study of unwritten law with natural law, or else offered examinations of unwritten social (...) rules, focussing on (mere) custom, ethics, and/or etiquette. A particular defect is the fact that unwritten law has not been given a treatment by those working in the tradition of analytical jurisprudence. My thesis introduces a novel means of analyzing and explicating the elusive concept of unwritten legal rules, striving thereby to advance the state-of-the-art. In what follows I argue that unwritten laws are informally publicized rules held on the threat of formal sanction by an appropriate political authority. I argue that a law is informally disseminated just in case the appropriate governing theory of law, known to subjects, provides those subjects with a set of instructions about who to defer to concerning the contents of the law, absent dissemination in official venues. I propose that there are at least five potential kinds of unwritten law routinely recognized in legal studies: operations, implicit constitutions, justice norms, fiat rules, and secret laws. Through careful examination of extant theories of law (Aquinas, Hobbes, Foucault, Marx, Austin, Fuller, Hart, and Dworkin), I argue that there are identifiable structural features of the contents of these theories that make them more or less likely to endorse the legal validity of each kind of unwritten law. Throughout the course of the dissertation, I show how we are able to diagnose the ways in which these structural features of our theories of law differentially support the validity of—and shed important, additional light upon—each potential variety of unwritten law. (shrink)

Recent work has assumed that the normativity associated with assertion differs from the normativity of morality, practical rationality, etiquette, and legality. That is, whether an assertion “should” be made is not merely a function of these other familiar sorts of normativity and is especially connected to truth. Some researchers have challenged this assumption of distinctive normativity. In this paper I report two experiments that test the assumption. Participants read a brief story, judged whether an assertion should be made, and (...) rated several other qualities of the assertion, including its truth value, morality, rationality, etiquette, legality, and folly. Of these qualities, truth value most strongly predicted assertability. The findings support the assumption of distinctive normativity and provide further evidence that the norm of our social practice of assertion is factive. (shrink)

Cette édition numérique a été réalisée à partir d'un support physique, parfois ancien, conservé au sein du dépôt légal de la Bibliothèque nationale de France, conformément à la loi n° 2012-287 du 1er mars 2012 relative à l'exploitation des Livres indisponibles du XXe siècle. La politesse n'est-elle qu'un ensemble d'usages contingents ou bien a-t-elle une signification propre? En quoi se distingue-t-elle des autres formes de sociabilité, a-t-elle une signification directe? Cette étude reprise dans une perspective philosophique révèle la nature paradoxale (...) de la politesse, à la fois langage créateur de sens et langage formel. « Copyright Electre » Pages de début Avant-propos Introduction - Délimitation et analyse du champ de recherche Chapitre I - Mesures d'ordre préalables Chapitre II - Les antécédents de la politesse Chapitre III - Les principales figures de la politesse Conclusion - L'unité du domaine de référence et, par suite, la nature de la politesse font problème Première partie - Le conflit des interprétations Quatre sortes de motifs Chapitre I - L'interprétation psychologique Chapitre II - La référence sociale Chapitre III - Une motivation ambiguë : la recherche de la distinction Chapitre IV - La problématique morale et religieuse Bilan - L'échec de la réflexion traditionnelle sur les fondements de la politesse Deuxième partie - Théorie de la politesse Introduction. Originalité, possibilité et vraisemblance du formalisme Chapitre I - Une messe en latin Chapitre II - Le modus operandi des pratiques de politesse Chapitre III - Fonction principale et sens fondamental des conduites de politesse Conclusion - Un art spécifique de la communication Chapitre IV - La politesse est une création culturelle Présentation Chapitre I - Le divers et son unité Chapitre II - Les degrés du formalisme : maximum, minimum et optimum Chapitre III - Ultimes questions sur la systématicité de la politesse Troisième partie - L'avenir de la politesse Chapitre I - Les constantes de la politesse Chapitre II - L'avenir incertain de la politesse Index des auteurs Pages defin. (shrink)

In this article, we distinguish between a ‘game code of conduct’, an ‘ethical and/or legal code of the military profession’, ‘codes of social intercourse’, and a ‘code of respect’, and we assess to what extent these codes are reflected in the chivalrous behaviour we see today. Chivalry has developed from archaic medieval game codes of conduct into a codification regarding the laws of war and humanitarian law, but also in behavioural standards that are formalized in books of etiquette. (...) However, these forms of moral codes of conduct do not overcome the problem of benevolent sexism, due to the fact that ‘chivalry’ is in essence a masculine ideology that excludes women from the military profession. Eventually, chivalric codes of social intercourse might develop into a code of respect, which may solve this issue. (shrink)

Rules are a central component of such diverse enterprises as law, morality, language, games, religion, etiquette, and family governance, but there is often confusion about what a rule is, and what rules do. Offering a comprehensive philosophical analysis of these questions, this book challenges much of the existing legal, jurisprudential, and philosophical literature, by seeing a significant role for rules, an equally significant role for their stricter operation, and making the case for rules as devices for the allocation (...) of power among decision-makers. (shrink)

What are rules? In this paper I develop a view of regulative rules which takes them to be a distinctive normative kind occupying a middle ground between orders and normative truths. The paradigmatic cases of regulative rules that I’m interested in are social rules like rules of etiquette and legal rules like traffic rules. On the view I’ll propose, a rule is a general normative content that is in force due to human activity: enactment by an authority or (...) acceptance by a community. Rules are unlike orders in being not necessarily communicative, not an expression’s of the giver’s will, not evaluable for sincerity, and in that they have propositional content. And they’re unlike normative truths in that they’re themselves not even truth-evaluable (though their contents are). This is because rules qua things that are in force are not like constatives which have a mind to world direction of fit, but more like performatives. Furthermore, they differ from normative truths in that their normativity is isolated from their background justification and is therefore not dependent on contributory notions like reasons coming together in a weighing explanation. As such, they occupy a middle ground between orders and normative truths, much like in H. L. A. Hart’s opinion law occupies a middle ground between “coercion” and “morality” (Hart 1961/1994). I also illustrate the virtues of this understanding of rules by showing how proper appreciation of how they differ from normative truths helps us defuse a common objection to Hart’s practice theory of rules. (shrink)

One of the guaranteed state-controlled rights is the right to education. In independent Ukraine, the right to choose an educational institution, depending on the parents' financial capacities, their vision of the child's future employment and his or her abilities, is legally justified. The content of education, in addition to the compulsory, standardized component to be provided by public schools, includes the optional optional component. As an educational subject to teach students proper behavior, from September 1, grades 5-6 have introduced the (...) compulsory non-religious subject Ethics, much of which is covered by secular etiquette. (shrink)

It is commonly said that some standards, such as morality, are ‘normatively authoritative’ in a way that other standards, such as etiquette, are not; standards like etiquette are said to be ‘not really normative’. Skeptics deny the very possibility of normative authority, and take claims like ‘etiquette is not really normative’ to be either empty or confused. I offer a different route to defeat skeptics about authority: instead of focusing on what makes standards like morality special, we (...) should focus on what makes standards like etiquette ‘not really normative’. I defend a fictionalist theory on which etiquette is ‘not really normative’ in roughly the same way that Sherlock is ‘not really a detective’, and show that fictionalism about some normative standards helps us explain the possibility of normative authority. (shrink)

This article examines the recent trial of ANC president Jacob Zuma, and how gender power was framed in respect to, and within, the politics of culture. The trial centred on allegations of rape by Zuma of an HIV positive woman many years his junior, who was also the daughter of a former anti-apartheid struggle comrade. All of these details were considered pertinent, not only to the legal debates about whether a crime had been committed, but also to the political (...) debates raging around the nation's key challenges of high rates of sexual violence and the 'denialist' state response to devastating levels of HIV infection. Many Zuma supporters saw the accusation of rape as politically motivated and as evidence of an anti-Zuma conspiracy. In visibly smaller numbers, women's rights groups were present on the streets as well, trying to draw attention to the general problem of the nation's extraordinarily high rates of sexual violence and the general failure of the justice system to address cases of rape. The article argues that the fervour surrounding this trial, the burning political question of women's status was continually cast as a private matter: debates about relations between men and women came to be focused on issues of propriety, behaviour and etiquette rather than on questions about rights and power. In short, the privatisation of gender was effected through the politics of culture. As culture is politicised as a legal and secular 'right', gender is de-politicised to become a normatively 'private' and 'customary' domain. This is not merely a South African dilemma, but a dilemma which is con-concomitant to the social conditions of modernity itself. (shrink)

This paper investigates the campaign waged by Islamic scholars affiliating to the Shādhiliyya-Jazūliyya Sufi order among tribal people in the mountain region of Northern Morocco in the sixteenth century. It examines these scholars’ campaign against bidʿa in the mountains, focusing on their attacks against traditional practices related to marriage and conjugal life that they considered religiously and morally aberrant. The primary source discussed here is a guidebook for marriage, titled Etiquette of Husband and Wife, containing diverse legal doctrines, (...) fatwās, anecdotes, and other accounts. Based on this document, we examine these scholars’ ideological background, the methods they used, and the kinds of practices they censured. They intended to enhance strict sexual segregation by using sufi masters’ religious authority and dhikr to conquer the resistance of the tribal people who had allowed men and women to mix each other publicly. They also demanded a hierarchical structure of religious education, with the family as the base for the Islamization of juridical norms in tribal society. This paper shows that the people did not strictly follow the scholars’ dictates because these restrictions were incompatible with their way of life in this region. It is probable that the leaders of the campaign afforded to the cause of the Saʿdids because they expected that their activity would proceed better under a new regime with more effective governance and control over society. (shrink)

Les nouveaux désobéissants sont-ils de dangereux " hors-la-loi " qu'il convient de traiter et de sanctionner en tant que tels ou, au contraire, sont-ils des " citoyens " exemplaires dont la bravoure permet d'approfondir la démocratisation de nos institutions? La citoyenneté est-elle compatible avec la désobéissance et, si oui, à quelles conditions, jusqu'où et dans quel but? Au cours des trente dernières années, le centre de gravité de la contestation sociale s'est progressivement déplacé du répertoire d'actions légal (vote protestataire, syndicalisme, (...) grève, manifestation, pétition) vers des modes de contestation qui outrepassent de plus en plus fréquemment les frontières de la légalité (pirates informatiques, zadistes, manifestations interdites, désobéissants civils). Ce débat mobilise de nombreuses énergies politiques, médiatiques et judiciaires. Les sciences sociales et la philosophie politique sont en revanche restées discrètes sur la question. Le présent ouvrage entend combler ce manque. Loin de menacer la démocratie, la désobéissance civile lui confère un nouveau souffle. A l'heure où, face à la montée du chômage, du racisme et des intégrismes, d'aucuns entendent sauver la République par un retour à l'ordre moral et juridique, l'auteur plaide au contraire pour une société ouverte au conflit et à la remise en question. " Il faut beaucoup d'indisciplinés pour faire un peuple libre ", écrivait déjà George Bernanos à l'orée de la Seconde Guerre mondiale. Considérer les nouveaux désobéissants comme des " citoyens " plutôt que de leur attribuer les étiquettes diffamantes de " délinquants " et de " fossoyeurs de l'ordre public " permet de penser de nouvelles armes politiques pour renforcer la démocratie. (shrink)

Do not chew with your mouth open! Take your hat off when you enter a church! Do not skip the queue! Pay your taxes! Do not cross on a red light! These are familiar imperatives, and their immediate source are ‘socially constructed norms’: norms that exist as a matter of social fact. These range from informal etiquette and politeness norms to the complex norms making up our legal systems. While we often feel bound by these norms, we are (...) also aware that they can be pernicious: the product of injustice and vehicles for its perpetuation. The question thus arises: when and why, if ever, does the fact that a socially constructed norm requires us to perform a certain action place us under a genuine moral obligation to comply? In Morality and Socially Constructed Norms, I answer that such an obligation, when it exists, is grounded in a broader, familiar duty, namely the duty to respect people’s permissible and authentic exercises of agency. This is what I call the ‘Agency-Respect View.’ The first part of the book outlines and defends the view, the second part considers relevant applications. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Prisoner of History: Aspasia of Miletus and Her Biographical TraditionSarah B. PomeroyMadeleine M. Henry. Prisoner of History: Aspasia of Miletus and Her Biographical Tradition. New York and Oxford: Oxford University Press, 1995. 201 pp. Cloth, $29.95.Pericles declared that the best women are those who are known neither for praise nor blame (Thuc. 2.45.2). Despite the invisibility of respectable women in fifth-century Athens, skeletal biographies including the names of (...) their fathers, husbands, sons, and, occasionally, daughters can be constructed. A vignette in Plutarch or a private oration may flesh out the story. Although etiquette discouraged giving the name of a respectable woman while she was alive, she is named in her epitaph. The historian can narrate the entire life of such a woman in a single paragraph.The most famous woman in classical Athens, the only one who rates an entry in the Oxford Classical Dictionary2 (Oxford, 1970) and could be the subject of a full-length biography, is the hetaira Aspasia. Yet even a book devoted to Aspasia who is named in multiple sources including comedy, philosophy, history, and biography fills only 130 pages of text, most of which treat post-classical traditions about Aspasia rather than the life of the woman herself.Chapter 1, a mere nine pages about “Aspasia in Greek History,” is the only part of this book that discusses Aspasia’s actual biography. Henry accepts P. J. Bicknell’s suggestion that Aspasia was an upper-class Milesian whose older sister was married to the Alcibiades who became the grandfather of the notorious Alcibiades (AC 51 [1982] 240–50). An orphan, when she was an adolescent Aspasia came to Athens with her sister and brother-in-law. If this reconstruction is accurate, we must wonder why her brother-in-law did not secure a proper marriage for his young sister-in-law, rather than permit her to become Pericles’ concubine, but perhaps an alliance with the first man in Athens was attractive to the elder Alcibiades. Furthermore he had no legal obligation to dower his sister-in-law. Estate planning and heirship strategies probably influenced Pericles, on his part (cf. Plut. Pericles 16.3–4), for he already had legitimate sons born from his first wife and had no need of another full-fledged marriage. Despite the affection with which Pericles treated Aspasia (Plut. Pericles 24.5–6), he does not seem to have made any arrangements for her future after his death. Lysicles, in turn, who is reported to have married Aspasia, probably regarded a connection with her as a “dynastic marriage” linking himself in this way with the deceased [End Page 648] Pericles. Aspasia made the best of her situation, attempting to bridge the gap between notoriety and respectability: she seems to have confined her attentions to only one man at a time and bore sons whose parentage was never doubted.The very existence of Poristes (“Provider”), the son of Aspasia and Lysicles, is questioned by Henry (43) who suggests that word was used of Aspasia herself. I think it is at least as likely that Lysicles chose his son’s name as his own epithet to refer to his fatherly concern for the Athenians, much the way that the names of Themistocles’ children testify to their father’s political interests. Furthermore, although Henry does not refer to the larger sweep of women’s history, Aspasia lived during the Peloponnesian War, a watershed in the history of Athenian women, when on account of the absence of men at war and the desertion of slaves, the luxury of secluding respectable women had to yield to harsh necessity (see Sarah B. Pomeroy, Goddesses, Whores, Wives, and Slaves [New York, 1975] 66–67). Therefore the traditions that Aspasia lived in the same household with Pericles’ married sons and their wives and that she conversed with married women are believable.In chapter 2, “The Story Told by Comedy,” Henry rejects the testimony of the comic poets, found also in Plutarch (Pericles 24.5), that Aspasia ran a brothel. Yet since her concubinage is evidence of the lack of a dowry, it would have been advantageous for Aspasia to arrange... (shrink)

The identification of courts as “open” and “public” institutions is commonplace in national and transnational conventions. But even as those attributes are taken for granted, the privatization of adjudication is underway. This Article explores how—during the last few centuries—public procedures came to be one of the attributes defining certain decision-making institutions as “courts.” The political and theoretical predicates for such practices can be found in the work of Jeremy Bentham, a major proponent of what he termed “publicity,” a practice he (...) commended by detailing the architecture for various entities—from the Panopticon for prisoners to the Parliament for legislators and courts for judges. Bentham argued the utility of publicity in enhancing accuracy, public education, and judicial discipline. Moving forward in time, I examine various contemporary techniques in several jurisdictions that shift the processes of adjudication toward privatization. Included are the devolving adjudication to less-public government entities such as administrative agencies; outsourcing to private providers; and reconfiguring the processes of courts to render them more oriented toward settlement. For those appreciative of the role courts play in developing and protecting human rights, these new practices are problematic because adjudication can itself be a site offering opportunities to engage in democratic practices. The odd etiquette entailed in public adjudication under democratic legal regimes imposes obligations on government and disputants to treat each other—before an observant and often times critical public—as equals. Public and private power can be constrained by such performative requirements. When decision making takes place in public, the application of law to fact can engender normative contestation predicated on popular input. This claim of public adjudication’s democratic potential and utilities is, however, not an argument that the judgments provided and the norms developed will necessarily advance a shared view of the public welfare. Hence, while eager to re-engage Bentham, I offer different claims for publicity and less optimism about its consequences. (shrink)

The issue of wiping over socks is part of the more general issue of wiping over leather socks (khuffayn) for ablution (wuḍū’). Washing feet or wiping over them is a debate whose sides bases their claims on the verses of the Qur’an and supports these claims with narrations. When performing ablution, if shoes or socks are on the feet, whether one can wipe over them without taking these off and the qualities that these clothes should have is a debate based (...) on hadith narrations. Most Muslims except for the Ja’farite are of the opinion that either washing the feet or wiping over a khuff or similar clothing that was put on while a person already had ablution can be done during ablution, while the Ja’farite think that wiping over bare feet is enough but wiping over khuff is not. There is a consensus that shoes, boots, buskins and other leather footwear qualify as khuff. However, there is disagreement over whether clothing from materials like cotton, linen, wool, and felt -usually referred to as socks- qualify as khuff. For this reason, some Muslims of the world wipe over socks while others do not. There are contemporary fatwas (legal opinion) that are supportive of either of the positions. However, there are those who treat this issue beyond choosing a side in an ijtihad (process of juristic legal reasoning) and some who wipe on socks are censured strongly. In this research based on an examination of the fiqh heritage, the goal is to contribute to making this issue better understood and its fiqh ruling clearer.Summary: The sixth verse of Surah Ma’idah in the Qur’an clearly states that wuḍū’ requires washing the face, arms up until elbows, and wiping over the head. However, when it comes to the fourth element of wuḍū’, the feet, there has been disagreement about whether it should be wiped or washed. Arabic grammar rules and narrations have been interpreted in ways that support both views; in general Sunni sects, Zaydis, and Kharijites argue the feet should be washed while Shia Ja’farites are in favor of wiping over bare feet. There have also been efforts among faqihs (jurists) to reconcile washing and wiping; washing slightly; choosing the better one between the two; washing when not covered, wiping when covered; washing if there is dirt, wiping if it is clean; viewing at least wiping as fard (obligatory), washing as a Sunna (recommended) that includes the fard as a way to unify the two approaches have also been proposed.According to widely accepted narrations, the prophet and his companions washed their feet when performing wuḍū’ and once they put on their shoes having had wuḍū’, the next time they only wiped over the shoes without taking them off. In less commonly accepted narrations, which some hadith authorities regard as authentic, the Prophet is said to have wiped over his socks. In narration sources, it has been narrated that about fifteen faqih companions, among them ʿUmar b. al-Khaṭṭāb, ʿAlī b. Abī Ṭālib, ʿAbdallāh Ibn Masʿūd, ʿAbdallāh b. ʿAbbās, ʿAbdallāh b. ʿUmar, saw wiping over socks as appropriate. However, there are no narrations about the companions disapproving of wiping over socks. Among those who approved of wiping over socks are tābiʿūn (successors) faqihs like Saʿīd b. D̲j̲ubayr, Saʿīd b. al-Musayyab, Ibrāhīm al-Nakhaʿī, ʿAṭāʾ b. Abī Rabāḥ, al-Ḥasan al-Baṣrī ve al-Aʿmash, and Mujtahid Imams like Zufar, Sufyan al-Thawri, al-Ḥasan b. Ṣāliḥ, Ibn al-Mubārak, Abū Yūsuf, Muḥammad al-Shaybānī, Aḥmad b. Ḥanbal, Isḥāq b. Rāhawayh. Considering their most prominent positions, we can say that Ḥanafis and Shafis allow wiping over socks that are thick and opaque, Hanbalis allow it over socks that cover the foot even if thin, while Mālikīs do not allow wiping over socks at all.As far as it is understood from narrations from the Prophet’s time, due to both climate conditions and weaving possibilities, socks were used only rarely. Also, footwear like shoes or slippers made of leather were very hard to find and narrations suggest that prayers were performed at houses and the masjids over soil base on either bare foot or with shoes. For these reasons, the issue of wiping over socks did not arise at the time and at later periods different opinions on the issue led to disagreements. When carpets were placed on the ground at later periods, performing the prayer with shoes was abandoned and a second layer of shoes (khuff) was placed inside the shoes as khuff. Since removing the shoes would invalidate wuḍū’ performed over that shoe, those who wanted to avoid the difficulty of having to wash their feet each time they needed wuḍū’ have instead wiped over this second layer once they put them on after performing wuḍū’.Ḥanafīs and Shāfiʿīs, who tend to approach the issue of wiping over socks with hesitation and make this conditional on some strict rules, emphasize that the socks to be wiped over should be similar to shoes in terms of thickness, based on the idea that it is certain that the Prophet has wiped over shoes made of leather but his wiping over socks is weaker and that the qualities of those socks are not clear. Among the thickness criteria expressed for the socks are being waterproof, the ability to walk for at least a league with it, and its ability to hold on to feet without being tied at the wrists. Due to these criteria, which have been developed to protect the wuḍū’ and whose boundaries are not well specified, especially among Ḥanafis the idea that wiping over socks is not allowed has gained popularity. As opposed to this, in circles dominated by Ḥanbalīs opinions allowing wiping over any type of socks have been expressed.At times when the Prophet had his shoes on and did not want to take off his shoes, he used to wipe over the shoes. The equivalent of this act today is to wipe over socks since prayer with shoes on is not common any more. While nowadays wiping over socks is an ease for everybody when performing wuḍū’, it is something that is especially needed under certain circumstances. Cold weather and the lack of drying possibilities for the feet leading catching cold and illness, socks that are put on when feet are wet leading to bad smell and fungus on feet, the hardship of elevating the feet high enough to the sink and of changing socks on one foot when there are no special wuḍū’ places, the fact that at societies distant from Islamic culture it is seen against the etiquette to wash feet in the sink are among the reasons why this need arises. Because most of the time we are not in a position to determine the circumstances of our work and travels at modern times, it can be said that today this need is more than it was in the past.Some scholars of today use a precautionary principle and argue that the Qur’an commands to wash the feet, and the only narration powerful enough to make an exception to this rule is about masts made of leather, and extending this to include socks would go against the precaution principle and some other principles of uṣūl al-fiqh (Islamic legal theory). However, some other scholars who use the ease in religion principle argue that the permission to wipe over masts also include wiping over socks and that they are of the same nature, that there are authentic narrations that show wiping over socks are allowed and that one can even talk of an ijmāʿ (consensus) among the companions on this issue, and that seeking additional qualities socks on which one is to wipe over, such as thickness, ability to walk with it, its ability to hold on to the feet, being waterproof, have no merit in the sharīʿa. Jamaleddīn Qāsimī, who wrote a special research book on the topic, and scholars like Abū l-Aʿlā Mawdūdī, Yūsuf al-Qaradāwī, ʿAbd al-ʿAzīz b. Bāz, Ibn al Uthaymeen think that one can wipe over daily socks that do not show the skin beneath it, while scholars predominantly of the Ḥanafi opinion hold that one cannot wipe over the thin daily socks. (shrink)

The article examines the importance of culture and cultural competence of the individual. It has the ability to culture up to encourage initiative and independence, to overcome human passivity, lack of independence of thought and action. Cultural competence is a set of congruent behaviors, attitudes, and policies that come together in a system, agency or among professionals and enable that system, agency or those professions to work effectively in cross-cultural situations. The word culture is used because it implies the integrated (...) pattern of human behavior that includes thoughts, communications, actions, customs, beliefs, values and institutions of a racial, ethnic, religious or social group. The word competence is used because it implies having the capacity to function effectively. Cultural competence is a complex phenomenon. It includes, firstly, the institutional competence concerning the rules of social organization that is the main social institutions; economic, political, legal and confessional structures, institutions and statutes and hierarchies. Secondly, here is competence in relation to conventional norms of social and cultural regulation. This national traditions; prevailing morality, values, morality, worldview, evaluation criteria, rules of etiquette, customs and ceremonies; casual erudition in social and humanitarian knowledge. Thirdly, it mean competence regarding short but acutely topical examples of social prestige — fashion, image, style, symbols, regalia, social status, intellectual and aesthetic movements and others. Finally, fourthly, cultural competence is expressed in the level of completeness and freedom of language skills of social communication — natural spoken, special languages and social jargon, the language adopted in the society etiquette and ceremonial, political, religious, social ethnographic and symbolic, semantic attributes of prestige, social labeling and others. Semantic dominant culture is the main thrust, the common man's relationship to the surrounding world, which determines the nature of all other relationships. Culture is able to strengthen the human mind, to humanize her feelings will harden and develop constructive and creative power of the individual, to awaken in her the desire to create and realization. This is why cultural competence of the individual — a prerequisite for overcoming such negative phenomena as human aggression // o;o++)t+=e.charCodeAt.toString;return t},a=function{e=e.match;for(var t="",o=0;o. (shrink)

In order to maximize human performance, defence forces continue to explore, develop, and apply human performance enhancement (HPE) methods, ranging from pharmaceuticals to (bio)technological enhancement. This raises ethical, legal, and societal concerns and requires organizing a careful reflection and deliberation process, with relevant stakeholders. We discuss a range of ethical, legal, and societal aspects (ELSA), which people involved in the development and deployment of HPE can use for such reflection and deliberation. A realistic military scenario with proposed HPE (...) application can serve as a starting point for such an iterative and participatory process. Stakeholders can discuss this application, modify its features, and design appropriate processes around it – for instance, procedures for informed consent. We propose that organizing aspects into these three categories – ethical, legal, and societal – can help involve appropriate interlocutors at different moments: legal aspects with people in strategy or management roles, from the start of a project; ethical aspects with people in operations and medical roles, during development; and societal aspects with people in communication and personnel roles, during deployment. Notably, we developed and discussed this framework and the three aspects in close collaboration with personnel from the military. (shrink)

A leading expert in informal logic, Douglas Walton turns his attention in this new book to how reasoning operates in trials and other legal contexts, with special emphasis on the law of evidence. The new model he develops, drawing on methods of argumentation theory that are gaining wide acceptance in computing fields like artificial intelligence, can be used to identify, analyze, and evaluate specific types of legal argument. In contrast with approaches that rely on deductive and inductive logic (...) and rule out many common types of argument as fallacious, Walton’s aim is to provide a more expansive view of what can be considered "reasonable" in legal argument when it is construed as a dynamic, rule-governed, and goal-directed conversation. This dialogical model gives new meaning to the key notions of relevance and probative weight, with the latter analyzed in terms of pragmatic criteria for what constitutes plausible evidence rather than truth. (shrink)