In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Laws of the Roman People: Public Law in the Expansion and Decline of the Roman RepublicDaniel J. GargolaCallie Williamson. The Laws of the Roman People: Public Law in the Expansion and Decline of the Roman Republic. Ann Arbor: University of Michigan Press, 2005. xxviii + 506 pp. 39 tables. 4 maps. Cloth, $75.Laws enacted by citizen assemblies occupy a prominent place in the history of the Roman (...) Republic. In this large book, Williamson aims to examine the culture and practices of lawmaking and to link legislation to Roman expansion over Italy and to the creation of structures of accommodation of sufficient strength to allow the formation of a fairly integrated Italian world. Williamson has set a large task for herself, one that addresses many major themes in Roman history, and she has produced a wide-ranging and complicated argument that should be set out in detail.The book is divided into three broad parts, each made up of three substantial chapters. Part 1 is the core. In the first chapter, Williamson addresses change over time in the frequency of legislative assemblies, the relationship between frequency of lawmaking and periods of crisis, and the functions of public lawmaking. She finds that legislative activity was concentrated in times of crisis, but that the number of laws proposed or enacted in non-crisis years increased markedly from the third to the first centuries and that Roman officeholders proposed laws primarily in instances where the matter was controversial, suggesting that the primary function of lawmaking through popular assemblies was a legitimizing one in just those circumstances where the legitimacy of an action might be questioned.In general, these conclusions are possible and, in some cases, probable, [End Page 469] but they rest on foundations that are not as firm as one would like. Williamson's demonstration centers on a collection of laws and proposed laws from c. 350 to 44 B.C.E., which she has arranged chronologically in twenty-five-year segments that furnish the means to discern changes over time and that, in later chapters, provide the essential temporal structure to integrate lawmaking with a wide range of developments. In appendix B, intended to justify her approach, she acknowledges and dismisses two potential sources of error: the possible use of a statistically invalid sampling procedure and the possible bias introduced by the differing interests of the authors who provide the bulk of the evidence: Cicero, Livy, Cassius Dio, Appian, Plutarch, and Polybius. Yet there is another possibility that Williamson does not consider. Our sources certainly favor some periods over others. Thus, historical accounts become fuller for the Second Punic War and as they approach the first century, just the periods that supposedly exhibit clear signs of an increase in legislative activity. We may know of more laws or proposed laws in periods of war and political conflict than in times of peace, not only because more laws were put forward then but also because such times attracted more interest on the part of historians. Finally, substantial portions of the texts of Livy, Dio Cassius, and Polybius are lost, and the gaps cover much of the third and second centuries. The evidence, then, is extremely uneven over time.One way that Williamson uses the evidence is especially problematic. She notes that three methods of enacting programs or regulations existed simultaneously: magisterial edicts, senatorial decrees, and popular legislation. Since she finds that the kinds of matters addressed in legislation are indistinguishable from the range of issues addressed by the senate, she concludes that, to some extent, it was a matter of choice whether a magistrate went to the senate or to the people for authorization. Thus, when a proposal was moved forward by a law rather than by an edict or senatorial decree, she suggests that the measure was probably controversial and required the legitimizing function of a popular assembly. Unfortunately, our sources often fail to set out clearly just what procedures a magistrate followed. Sometimes, as Williamson notes, a senatorial decree and the proposal of legislation mark successive stages in the legislative process. And certain operations, such as the creation of provincial assignments or promagistracies, could be addressed... (shrink)

In this article, responding to assertions that the principle of double effect has no place in legal analysis, I explore the overlap between double effect and negligence analysis. In both, questions of culpability arise in situations where a person acts with no intent to cause harm but where reasonable foreseeability of unintended harm exists. Under both analyses, the determination of whether such conduct is permissible involves a reasonability test that balances that foreseeable harm against the good intended (...) by the actor's conduct. In both, absent a finding that the foreseeable harm is unreasonable in light of that intended good, no liability will be imposed upon the actor. Even conceding, however, such general similarity between double effect and negligence analysis - disagreement over the proper interpretation of the reasonability criterion at play in negligence poses an additional challenge for the attempt to correlate negligence with double effect. Economic efficiency interpretations of negligence, for example, purportedly based on the Learned Hand Formula and the RESTATEMENT (SECOND) OF THE LAW OF TORTS, propose that culpability depends upon a utilitarian balancing of good effects of conduct (utility) versus its harmful foreseeable consequences (magnitude of risk of injury). Based on such an interpretation of negligence, however, contrasts between actors' states of mind, and normative differences between kinds of goods and harms, ultimately fade into the background and become irrelevant as essential conditions for properly assessing liability. This article elaborates and defends the view that double effect analysis lies at the heart of negligence theory. Part I elucidates in more detail the principle of double effect and describes its prima facie operation in negligence analysis. Part II considers and rejects the economic efficiency interpretation that has been offered as a theory of negligence, overcoming the challenge that such an interpretation presents for the effort to locate double effect analysis in the law. Part III illustrates and confirms the overlap between double effect and negligence by consideration of a series of case applications. The Article proposes that the weighing of conflicting values in double effect analysis and negligence is not achieved - as proposed by law and economics theory with respect to negligence - by imposing a consequentialist-utilitarian reduction of all value to a single concept of good and eliminating the relevance of traditional state of mind distinctions between intention and foreseeability. Instead, each mode of analysis recognizes that distinct culpability determinations flow naturally and plausibly from an appreciation of the traditional legal distinctions made between various types of goods and harms, and upon whether such goods and harms come about as result of an actor's intention or mere foreseeability. Keywords: Double effect, negligence, intention, foreseeability, choice, law and economics, utilitarianism, consequentialism, weighing of values. (shrink)

One of the issues with introducing animal rights law is whether the problem is quantitative or qualitative, whether it can be achieved by working within existing legal paradigms or whether it requires a new set of paradigms. The answer is fundamental: a quantitative problem can be solved by applying more of the same solutions, while a qualitative problem requires completely different solutions. The qualitative camp can be represented by, say, Professor Gary Francione, demanding not only rights for animals but that (...) they have personhood and are no longer considered “property.” The quantitative approach can be finely represented by Professor David Favre, who has argued for many years that we can make progress by developing existing legal principles to give some rights to some animals, and he does so eloquently in his new book. He is clear in his view that progress is, and can continue to be, made with a series of steps, as he puts it, “climbing the slippery slope toward personhood” (p. viii).His case is supported by looking backward—progress made in establishing the rules governing humans in their relationships with animals—as well as forward to developments that will support continuing improvement in the lives of animals, not least the potential for technology (for example, through cell- and plant-based meat). At the same time, he also rightly rejects the concepts of animal welfare and animal rights being at odds, let alone either of them being a panacea for better lives for animals.One aspect of animal law that Favre believes does need to change is that of property status. As he says, the status of animals as personal property is “critical to the future of animal law” (p. 25). In general, the solutions have been largely binary—that animals simply cannot be property for them to have meaningful rights or that animals can be property and still have rights. The former makes intuitive good sense (and is consistent with the objectives of the human abolitionist movements) but would have enormous effects on economic activity throughout the world. The latter is appealing because it does not change the current paradigm, so can be developed more easily.Favre's premise is that we are moving toward rights for animals, so we need to find a way of integrating animals into the current legal system rather than having to destroy and reconstruct the legal system. His ingenious solution is to propose a fourth category of property, alongside real, personal, and intellectual property: “living property.”Within this category, he envisages using the common law concept of the trust to provide equitable “self-ownership,” where an animal has equitable “ownership” while a human retains legal “ownership.” He then connects this concept to adaptations in other aspects of law that start to recognize the selfhood of animals, creating a platform onto which broader and deeper rights for animals can develop, such as the status of “animalhood” (p. 72) and the corresponding legal right of consideration before decisions are made by the state affecting an animal's fundamental interests (such as continuing to be alive). By putting animals in a separate class—rather than uncomfortably leaving them in personal property—he creates a possible route for animal rights that seems less paradigm-busting than removing them from being property altogether.Drawing on evidence from criminal law, tort law, equity (trusts), property law, and family law, he shows how in many places—with a focus on states in the United States—existing laws are being adapted (“green shoots” p. 81) to recognize that animals are more than personal property, in ways that cannot be explained simply through the growth of regulations. For example, family law is starting to recognize that in the division of matrimonial assets, companion animals cannot be treated simply like any other personal property such as a table or a car based on who paid for them. Because animals are “living property,” the courts should take account of other aspects, such as who cared for the animals and who looked after them. Similarly, the concept of extending trust law so that an animal can be the beneficiary of a trust—in the same way as a human can be but inanimate personal property cannot—shows that the law can understand that companion animals can play a large emotional role in our lives (as well as we in theirs), such that we want to ensure proper care for them after we die.The book raises important issues. First, it is intentionally about domestic animals, with their close links with humans, so the potential for laws to engage is much easier than with, say, farmed animals. The danger with solutions that focus on domestic or charismatic animals (e.g., dogs, chimpanzees, elephants) is that the arguments may be pertinent essentially only to those species and therefore hard to apply to animals of less charismatic species, say in a factory farm (but who are present in much greater numbers and generally badly treated in comparison). He “leaves for another day” (p. 32) the discussion about other animals. Hopefully that day will come, as it would be interesting to see how Favre could extend his concept to animals for whom the public has less affection and less appreciation of their capacities (and for whom the prospect of death is much more real and imminent).Secondly, public support for these ideas about living property may simply not be present. If there is not a sufficient groundswell of support for changing the status of animals, then whether one proposes changing it to not-property or “self-owned” property doesn't matter (if someone doesn't like needles, it doesn't matter whether the needle you propose to use is big or small). This may be too pessimistic, of course (people can be helped to overcome a fear of needles, and one way to start is with small needles). Perhaps the law should start with small changes to recognize at least a few animals—their sentience, their capacities for pleasure and pain, their emotions and preferences, their potential for autonomy—and build public support from there.There is also the underlying and more radical point about whether these ideas—the trust for a beloved companion set up by the human, the divorce settlement that doesn't just give the companion to the party who paid for them—are actually bringing about changes for animals as such or are simply adapting laws to help humans, recognizing human needs, and do not actually change the status of animals. The ends are still humans, and the means are still animals.This is not intended to paint a bleak picture: The more bluntand uncompromising part of the animal rights movement that has been focused on the qualitative problem has hardly been successful at getting animal rights laws passed anywhere in the world, so everything that moves us closer to a better, richer, more thoughtful view of animals will help. Favre's approach has ingenuity, shows good sense, and has the potential to bring about real animal rights. The themes and cases in this book that show how courts and legislatures are becoming more aware of the sentience of at least some animals, as well as proposing a middle path in the debate about animals as property, are important in the journey toward recognition of animal rights. Even more important, they may actually work. (shrink)

It may be that the appropriate demographic objective of Israel as a country in which the Jewish people realize their right to self-determination is the existence of a Jewish public in Israel in numbers sufficient to allow its members to live in the framework of their culture. It may also be that the appropriate demographic objective of Israel should be the existence of a Jewish majority within it. While I discussed this issue elsewhere; here I discuss the legitimate (...) means for the realization of these goals. Israel’s principal means for realizing these objectives thus far has been its Law of Return and its Citizenship Law. These laws afford every Jew anywhere in the world the right to immigrate to Israel and become a citizen of the State of Israel. Many liberals and left-wingers consider these laws to be tainted with racism, because they regard any nationally-based preference with regard to immigration to be a form of racism. In the first part of my paper I argue against this position. I offer three justifications for nationality-based preferences in immigration. However, the fact that nationality-based priorities in immigration are not necessarily racist and that there are legitimate human interests justifying such priorities, does not entail that the specific priorities manifested by Israel’s Law of Return and its other immigration and citizenship policies are just. These policies in effect mean that all Jews and only Jews have the right to immigrate to Israel and to become fully integrated in Israeli life. In the second part of the paper, I argue that these two aspects of Israel’s immigration policies, namely, its almost categorical inclusion of all Jews and its almost categorical exclusion of all non-Jews, are somewhat problematic. In addition to the Law of Return, a number of additional ways to ultimately increase the number of Jews in relation to the number of Arabs have been proposed and even adopted in Israel in recent years. During the incumbency of the fifteenth Knesset, right-wing Member of Knesset Michael Kleiner tabled a draft bill intended “to encourage people that do not identify with the Jewish character of the state [i.e., Palestinian citizens of Israel C.G.] to leave.” The Israeli Government later tabled a bill—that was eventually passed—to amend the Israeli Citizenship Law in a manner that would deny Arabs who are Israeli citizens and have married Palestinian residents of the Occupied Territories the right to live in Israel with their spouses and children. In the third part of the paper, I clarify why in contrast to granting Jews priority in immigration, both the aforementioned laws, namely, Kleiner’s law and the law pertaining to family unification are racist and are therefore morally unacceptable. (shrink)

The article discusses the causes for the formation of the polysemanticity of the Latin word virtus (virtue; strength, valor, masculinity) and term virtual, which was derived from virtus. The emergence of the polysemantic character of virtual became possible due to the unique semantics of the word virtus, in which there are two dominant meanings – virtue and strength. According to Ekaterina Taratuta, there are two lines of constructing the meanings of concepts based on the root vir(t) – “Platonic” and “Aristotelian.” (...) We believe that on the basis of the first semantic “dominant” of the word virtus (virtue) a “Platonic” group of meanings of the word virtual was formed, and on the basis of the second “dominant” (strength) the “Aristotelian” group of meanings was formed. The first cause of the existence of the “Platonic” group of the meanings of virtual is the translation of the Greek word ἀρετή using the Latin word virtus in Roman philosophy, Biblical texts and Greek-Byzantine patristic writings, as a result of which the concept of virtus has been enriched with the meanings of the Platonic and Christian concept of ἀρετή. The second cause is that through the Plato’s doctrine of arete-eidos the concept of virtus has been enriched with the meanings of the Platonic concept of εἶδος. As Hans Kremer has shown, in Plato’s doctrine eidos is the source of order and beauty, which is reflected in the empirical world as arete – virtue, goodness; thus, eidos is inextricably linked with arete. As a result, in the “Platonic” sense the virtual is understood as the eidetic, the ideal. The first cause of the existence of the “Aristotelian” group of meanings of virtual is the translation of the Greek word δύναμις using the Latin word virtus in Biblical texts and in Greek-Byzantine patristic writings, as a result of which the concept of virtus has been enriched with the Christian meanings of concept of δύναμις. The second cause is the translation of the Aristotelian concept of δύναμις using the Latin word potentia : the word δύναμις has become the medium, linking the words virtus and potentia and, under the influence of the latter, differences in the meanings of virtus and potentia (and especially their derivatives virtualis (virtual) and potentialis (potential)) have gradually disappeared. As a result, in the “Aristotelian” sense the virtual is understood as the potential, the possible. (shrink)

Is the traditional understanding of cause and effect in aetiology so certain that Arthur Eddington therefore proposed in 1927 "the arrow of time, or time's arrow" involving "the 'one-way direction' or 'asymmetry' of time", such that "a cause precedes its effect: the causal event occurs before the event it affects. Thus causality is intimately bound up with time's arrow"? (WK 2014) This certain view on cause and effect can be contrasted with an opposing view (...) by Michael Dummett, who suggested instead, back in 1957, that "there was no philosophical objection to effects preceding their causes", or what is now known as "retrocausality". (WK 2014a) Contrary to these opposing views (and other ones as will be discussed in the book), aetiology (in relation to cause and effect) are neither possible (or impossible) nor desirable (or undesirable) to the extent that the respective ideologues (on different sides) would like us to believe. Of course, this questioning of different opposing views on cause and effect does not mean that the study of aetiology is useless, or that those diverse fields (related to aetiology) -- like physics, engineering, biology, philosophy, medicine, epidemiology, government, geography, spatial analysis, psychology, statistics, mathematics, economics, management, history, law, sociology, theology, and so on -- are worthless. (WK 2014b & 2014c) In fact, neither of these extreme views is plausible. Rather, this book offers an alternative (better) way to understand the future of aetiology in regard to the dialectic relationship between cause and effect -- while learning from different approaches in the literature but without favouring any one of them (nor integrating them, since they are not necessarily compatible with each other). More specifically, this book offers a new theory (that is, the pluralist theory of aetiology) to go beyond the existing approaches in a novel way, and is organised in four chapters. (shrink)

The first two sections of this paper investigate what Newton could have meant in a now famous passage from “De Graviatione” (hereafter “DeGrav”) that “space is as it were an emanative effect of God.” First it offers a careful examination of the four key passages within DeGrav that bear on this. The paper shows that the internal logic of Newton’s argument permits several interpretations. In doing so, the paper calls attention to a Spinozistic strain in Newton’s thought. Second (...) it sketches four interpretive options: (i) one approach is generic neo-Platonic; (ii) another approach is associated with the Cambridge Platonist, Henry More; a variant on this (ii*) emphasizes that Newton mixes Platonist and Epicurean themes; (iii) a necessitarian approach; (iv) an approach connected with Bacon’s efforts to reformulate a useful notion of form and laws of nature. Hitherto only the second and third options have received scholarly attention in scholarship on DeGrav. The paper offers new arguments to treat Newtonian emanation as a species of Baconian formal causation as articulated, especially, in the first few aphorisms of part two of Bacon’s New Organon. If we treat Newtonian emanation as a species of formal causation then the necessitarian reading can be combined with most of the Platonist elements that others have discerned in DeGrav, especially Newton’s commitment to doctrines of different degrees of reality as well as the manner in which the first existing being ‘transfers’ its qualities to space (as a kind of causa-sui). This can clarify the conceptual relationship between space and its formal cause in Newton as well as Newton’s commitment to the spatial extended-ness of all existing beings. While the first two sections of this paper engage with existing scholarly controversies, in the final section the paper argues that the recent focus on emanation has obscured the importance of Newton’s very interesting claims about existence and measurement in “DeGrav”. The paper argues that according to Newton God and other entities have the same kind of quantities of existence; Newton is concerned with how measurement clarifies the way of being of entities. Newton is not claiming that measurement reveals all aspects of an entity. But if we measure something then it exists as a magnitude in space and as a magnitude in time. This is why in DeGrav Newton’s conception of existence really helps to “lay truer foundations of the mechanical sciences.”. (shrink)

The problem of human freedom have been addressed by al-Mutakallimūn (Islamic theologians) in the context of human acts and discussed from the point of view its relation with the will and other elements. At this point, whether the human has will and power in his own act, the limits of his will and power, the role of human in the act and his responsibilities have prompted to different debates. The theory of tawlīd put forward by Mu‘tazila is very crucial in (...) terms of determining the scope and limits of the freedom of human in acts. Mu‘tazila’s tawlīd theory defenses based on two important reasons. The first is to present the nature and limits of the acts that man did them outside himself. The other is to explain the relationship of human with such acts with regards to moral responsibility. Because both issues are very important in the principle of justice of Mu‘tazila. The effort to put the cause-effect relationship of human with his acts in terms of tawhīd and justice on the rational and moral ground is the reason for emergence of the theory. In this respect, the purpose of this theory which enables establishing a causality relationship between the human act and nature is aimed at the justification of freedom and responsibility between agent (fā‘il) and act.In this study, firstly, the definition of the concept of tawlīd and its meaning area have been presented and tackled the discussions about the agent of indirect acts. And then it has been discoursed upon the criticisms of Ahl al-Sunna about the subject of tawlīd. The subject has been outlined in the context of the intellectual discussion between Ahl al-Sunna and Mu‘tazila which constitute the dominant part of theological dispute tradition. In this respect, the main purpose of the study is to reveal how the limits of indirect actions belonging to human by force of freedom and moral responsibility are drawn and understood.Although they did not have a uniform thought about the topic, Mu‘tazila theologians who accepted semi-determinism in the theory of tawlīd acknowledged the existence of natures in the substances. Those who admitted the reason as a means of the act did not approve this. By accepting the continuity of the accidents in the acts, they twisted together the voluntary acts and the natural acts, and accepted that directly acts were realized through the human will and the other according to the principle of necessity. According to Mu‘tazila, causes are only means. Hence, the act emerging as a result of the means is the act of the agent who used this means to reach the result, not the means. Therefore, man is the agent of engendered acts and responsible for all kinds of acts that arise as a reflection of the will and their consequences. While Ahl al-Sunna has directly associated the action of man and all its consequences with the power of Allah, Mu‘tazila has based these actions on the power of man, which Allah has created in man and has been the source of the acts. Contrary to Mu‘tazila, the continuance of power which are not a constant accident is not possible for a second act from the point of Ahl al-Sunna since they have accepted the idea that the accidents will not be continuous. In this respect, according to Ahl al-Sunna, there is no compulsory relationship between the agent that caused the formation of the acts and the result supervening from them. They did not accept the idea of tawlīd, which its meaning is that accident gives birth to accident, because it would oblige the relationship between cause and effect. Because this relationship, which Mu‘tazila gives the name of tawlīd in human acts, is made up for that Allah has created His laws right after the orientation of human to the cause. In this respect, Ahl al-Sunna thinkers rejected tawlīd because it would mean attributing an act to an inanimate being and require a mandatory relationship between cause and effect in the functioning of the universe. Although the result does not occur with his own act when the person applies to the cause, he is responsible for his act because it is related to the person who did it. Māturīdī tradition did not accept the acts that emerged as a result of tawlīd as the production of man, but they tried to establish a balance by holding the person responsible because he is the reason for the outcome that emerged. As for the Ash‘arites, they avoided giving a real effect of the will and power to the causes by considering that created will and power is only a locus in the emergence of the act. The person has no effect on his act except for directing his will to that act and his behavior which will make the person responsible is based on this will. (shrink)

In Arabic and Turkish dictionaries, qıyāmat has a meaning that includes both the end of the world and the day of reckoning. In the Qur’ān, apocalypse is used for referring to the Day of Judgment. The end of the world is described mostly by as-sāa and similar words. First, in order not to cause any confusion, we will use cosmic qıyāmat for the event which will take place after the first blowing of the trumpet and which is called as-sāa (...) by Qur’ān. We will use qıyāmat/doomsday for the event which will take place after the second blowing of the trumpet. According to Qur’ān, the cosmic qıyāmat begins with the first blowing of the trumpet. Its characteristic features are, such as a violent shaking, splitting of the sky, walking of the mountains hitting each other like clouds of dust, darkening of the stars, extinction of the sun and the moon at the same time, overflowing and boiling of the seas, and transformation of the world into a plain platform where there is neither a pit nor a mound after all. On the other hand, qıyāmat/doomsday begins with the second blowing of the trumpet. Since the sky has already opened and the earth has flattened like stretched animal skin as a result of the cosmic qıyāmat, the place is ready. Then people rise from their graves. They are sent in groups to the location of reckoning. There is a court before which no one is subjected to any unfairness; and at the end, there is heaven or hell. There are depictions of apocalypse in many chapters of Qur’ān. In these depictions, it is not clear whether it is the cosmic qıyāmat or the qıyāmat/doomsday. Qur’ān usually begins with depicting cosmic qıyāmat and lasts with portraying qıyāmat/doomsday. Namely, both processes are intertwined. This fact causes confusion between the depictions of cosmic qıyāmat and the ones of reckoning day. For example, the first 5 verses of Surah al-Qāriʿah describe the cosmic qıyāmat. Al-Qāriʿah is one of the names of the cosmic qıyāmat. It is portrayed as a terrible disaster, terrible voice and heart breaking horror. At that moment, people will be thrown here and there like blades around the fire. The mountains will be like coloured wool scattered around. Then the following verse describes the positions of those whose scales are heavy or light. As seen, after a terrifying short scene of cosmic qıyāmat, the verses rapidly pass to describe qıyāmat/doomsday. This is normal considering the dynamic perspective of Qur’ān. However, some commentators have linked the depiction in the first five verses to the following verses and interpreted it as the qıyāmat/doomsday. They tried to justify this through strained interpretations. The same is also true for Surah az-Zalzalah. The first five verses of this surah depict violent quakes, shedding of the heaviness of the earth, astonishment of the human being who are crying "what is happening to this?!". It is certain that violent quakes are referring to cosmic qıyāmat. The shedding of heaviness of the earth is interpreted as earth’s turning upside down. Some commentators claim that the heaviness of the earth means "humans and jinn". They say that this verse articulates the resurrection. In this case, for a meaningful integrity, the two following verses must be replaced. The earth reveals the dead that it has hided underground through resurrection. The reckoning begins and the earth speaks. Human become surprised by this and express their astonishment by crying, "what is happening to this (earth)". However, in such an interpretation, although a meaningful integrity is created via making a replacement, it is not easy to find a place for the following verse "People leave their graves in groups" (az-Zalzalah 99/6). It is reasonable to accept that the first five verses belong to the cosmic qıyāmat and the sixth verse belongs to the Day of Judgment. Because, as from the sixth verse, like in the previous chapter, it is mentioned that people will be removed from their graves in groups. Despite the confusion we have mentioned, this surah is also interpreted as if the whole surah belonged to qıyāmat/doomsday via linking the previous verses to the next verses, similar as in the Surah al-Qāriʿah. A similar confusion also exists in the Surah of al-Infitār, al-Inshiqāq and at-Takwīr. The examples clearly revealed the intertwining between the cosmic qıyāmat and the qıyāmat/doomsday depictions in the Qur’ān.. Knowing the intricacy between the processes of apocalypse scenes in Qur’ān will be a signal for a more accurate interpretation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:388 HISTORY OF PHILOSOPHY Beyond the Edge of Certainty: Essays in Contemporary Science and Philosophy. Edited with an Introduction by Robert G. Colodny. (Englewood Cliffs, New Jersey: Prentice-Hall, Inc., 1965.) This is the second volume of lectures on various current topics in the philosophy of the physical, biological, and social sciences which has been published under the auspices of the Center for Philosophy of Science at the University (...) of Pittsburg. Volume I, Frontiers o] Science and Philosophy, also edited by Professor Colodny, appeared in 1962. Five of the seven lectures contained in this volume treat topics which fall within the philosophy of physics. The persistent student who is without a technical background in either logic or physics will find these for the most part quite readable. Considering this, it is worthy of note that, while the lectures are not of uniform quality in this respect, several problems are treated with sufficient freshness of insight to justify the interest of the philosopher of science as such. Since I cannot discuss all of the lectures, I will restrict my comments, for the most part, to those the significance of which I think I understand best and which deal significantly with some aspect of the history of philosophy. In "Newton's First Law: A Philosopher's Door into Natural Philosophy," Norwood Russell Hanson exhibits what has become a widely accepted analysis of Newton's First Law as a model to be applied to theories in science which must be regarded as, in some sense, true, but which, in principle, are not empirically demonstrable. Briant Ellis, in "The Origin and Nature of Newton's Laws of Motion," deals in a somewhat parallel way with all three of Newton's laws of motion. It is argued that these laws are primarily conceptual in origin. Evidence is marshalled that they were derived from Cartesian physics. That no amount of empirical work could establish or provide support for a principle of natural motion is held by Ellis to be due to the fact that "force" is conceived as something that exists only in order to explain effects. "Since we are at liberty to choose to regard whatever changes or states we please as natural (i.e., as not being effects) it follows that the forces which we should say are operative in nature depend upon the choices we actually make" (65). It would, I think be difficult to show that any one of the points Ellis makes, with the exception of his interesting historical note on the probable origin of Newton's laws of motion, has not previously been made. All, or nearly all, of these points were set forth, at least in outline, for example, by William Werkmeister in A Philosophy o] Science. The approach Ellis makes to his development of the concept of "force," however, is both fresh and incisive and worthy of careful study. In "A Philosopher looks at Quantum Mechanics," Hillary Putnam exhibits the Copenhagen interpretation of quantum mechanics of Bohr and Heisenberg, viewed in historical perspective, as the most adequate of several unsatisfactory theories. He finds the locus of the problem to lie in a suitable definition of "measurement." Noting that Heisenberg's definition (improperly) appeals to the macrocosm conceived in terms of classical mechanics, he seeks to clarify some of the issues that must follow the attempt to define measurement within the context of quantum mechanics. Putnam holds the relative sharpness of macroobservables for Bohr and Heisenberg to be an underived assumption of their theory. Since the quantities of which macro-observables are supposed to be averages are not (in quantum mechanics) required always to exist, this assumption cannot be derived from a plausible definition of macro-observables together with a suitable formulation of the laws of quantum mechanics. Moving from Bohr and Heisenberg's conclusion that measurement requires interaction of a system (or part of a system) measured with respect to an outside system, and that macroobservables do not exist unless measured, measurement for quantum mechanics is defined as "an interaction in which a system A (the 'measured' system), which was previously isolated, interacts with a system B (the 'measuring' system) in such a way as to cause a... (shrink)

In the field of human rights, expressions like justice and legal reform are closely linked to the process of harmonization of domestic and international human rights standards. Harmonization of human rights standards can be described as a process wherein international human rights are incorporated or given full effect to at the domestic level. [i] To harmonize the two set of standards i.e. domestic and international is viewed as both a commitment and obligation of states under international law. [ii] In (...) terms of state practice, the process of harmonization may entail a set of actions including adoption of laws and creation of mechanisms for enforcement and redressal of violations. -/- At the international level, the harmonization agenda is actively promoted at forums including the Universal Periodic Review (UPR) or during consultations between states and human rights treaty bodies, etc. Questions on whether states are in compliance with their international human rights commitments under treaties and other resolutions are to a large extent determined based on the extent of harmonization. Other pertinent questions being whether existing domestic laws are compatible with international human rights standards? What conditions obstruct and facilitate harmonization of human rights standards? Are there any parameters to measure harmonization? -/- While harmonization is widely promoted, its study and assessment is complex. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Coherence of a Mind: John Locke and the Law of Nature*Alex Tucknessit is almost thirty years since John Dunn’s book, The Political Thought of John Locke, argued that a more coherent understanding of Locke was possible if his religious beliefs were taken to play a crucial role in his political theory.1 Since that time many scholars have expanded our historical knowledge of the role of religion in Locke’s (...) political thought.2 This article will not use a historical methodology, but will rather take the claim that religion is crucial to Locke’s thought as a starting point. When one combines this assumption with a careful reading of the Two Treatises of Government (Two Treatises), The Reasonableness of Christianity as Delivered in Scripture (The Reasonableness), and the Essay Concerning Human Understanding (Essay), significant progress in resolving many of the long-standing difficulties in Locke’s theory of natural law is possible.The difficulties are indeed serious. Prior to Locke there was a long standing theological debate about whether the laws of nature were binding because they were the command of God (voluntarism) or binding because of their intrinsic compatibility with reason (“rationalism” or “intellectualism”). There has been much dispute about whether Locke was consistently a voluntarist or not.3 Second, Locke argues in the Essay that the principles of morality are [End Page 73] capable of proof just like principles of geometry, yet Locke never produced a proof of the law of nature. In the Second Treatise the laws of nature are more asserted than defended, as if they were self-evident, yet in The Reasonableness Locke says that it is exceedingly difficult to discover the moral law through reason alone and says that no one has ever discovered the complete law of nature through unaided reason. It appears that Locke “… went on believing the arguments of the Second Treatise were plainly true even after he knew he could not properly ground them in natural law….”4Third, Straussians have been quick to point out that Locke adopted a hedonistic theory of human motivation and of good and evil, a position which seems to sit poorly with a Christian theory of natural law. Locke claimed that men5 were motivated to obey the law of nature by their perception of future pleasure or pain and that divine sanctions in the next life were necessary for the law of nature to be a proper law, yet later in life Locke admitted his inability to prove the existence of an afterlife.6 Fourth, the account of moral knowledge in the Essay seems to sit poorly with Locke’s account of natural law in the Two Treatises; his commitment in the latter to empiricism is questionable and the law of nature is presented with little argument as if it were obvious. Laslett has argued that the difficulties are so severe that Locke the philosopher of knowledge and Locke the political thinker should be kept very separate.7 This article will respond to each of these difficulties in order to show that Locke’s theory of natural law is more coherent than his critics have allowed.1. the ground of natural law: rationalism and voluntarismThe early Essays on the Law of Nature of Locke link morality to conformity with the rule of a superior; it is the will of God which provides the essential binding force of the law of nature. (ELN 183–185)8 In the Essay Concerning Human [End Page 74] Understanding, this theme continues. “I grant the existence of God, is so many ways manifest, and the Obedience we owe him, so congruous to the Light of Reason, that a great part of Mankind give Testimony to the Law of Nature”: But nonetheless many affirm these principles not “admitting the true ground of Morality; which can only be the Will and Law of a God, who sees Men in the dark, has in his Hand Rewards and Punishments, and Power enough to call to account the Proudest Offender” (Essay 1.3.6).There are, however, passages which seem to point to a more rationalist account of morality. When Locke writes in the Two Treatises that... (shrink)

Religion can bring about social harmony as well as social conflict. Religious law is a key element in both cases. Scholars can explain how religious law changes according to historical and socio-cultural context. They can also help reengineering prescriptions that cause social conflict. Changes in religious law can be explained according to a chronological rhetoric (certain agents cause certain changes) or according to a logical rhetoric (a change acquires its meaning in opposition to other possible changes). The two (...) approaches are complementary, but the semiotics of religious law predominantly adopts the second one. In both cases, the explanation of how a religious law changes and the reengineering of a religious prescription are related activities. The semiotics of religious law is particularly equipped to propose alternatives for conflicting prescriptions. However, there is a difference between showing that some alternatives exist and advocating which alternatives should be taken. Whilst the latter position is similar to that of semiotic guerrilla warfare, the former rather configures the semiotics of religious law as a therapy. Semiotic guerrilla warfare stresses the need to demystify the discourse of power that subjugates individuals or groups to a certain religious law. Semiotic therapy does not focus on demystification but on reconciliation. The task of the semiotic therapy of religious law is to show that situations of social conflict generated by certain prescriptions can be decreased or eliminated by adopting alternative paths of meaning. The semiotic therapist of religious law can be effective in showing these alternatives only if some pragmatic and semantic preconditions are met: a correct involvement with the sets of religious core values at stake and an articulated analysis of the paths of meaning to which these values give rise. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Atonement, Justice, and Peace: The Message of the Cross and the Mission of the Church by Darrin W. Snyder Belousek, and: Restorative Justice: Theories and Practices of Moral Imagination by Amy LevadDana ScopatzReview of Atonement, Justice, and Peace: The Message of the Cross and the Mission of the Church DARRIN W. SNYDER BELOUSEK Grand Rapids, MI: Eerdmans, 2012. 668 pp. $55.00Review of Restorative Justice: Theories and Practices of (...) Moral Imagination AMY LEVAD El Paso, TX: LFB Scholarly Publishing, 2012. 300 pp. $80.00In Atonement, Justice, and Peace and Restorative Justice, the authors advocate for a restorative conception of justice, which they oppose to the “normal” retributive concept. Amy Levad draws on Aristotle and the virtue ethics tradition to write about “moral imagination” and restorative justice. Darrin Belousek uses Thomas Kuhn’s language to write about a “paradigm shift” in our understanding of theological themes relevant to restorative justice. Both contrast the restorative imagination or paradigm with a retributive one, although Levad also contrasts restoration with rehabilitation. Levad limits her study to restorative justice as [End Page 214] practiced in the criminal justice system, while Belousek expands his work to consider the Bible, theology, and multiple issues in society and in the church.Levad begins her book by discussing Aristotle’s idea of justice as equity, which she points out requires more discernment from judicial decision makers than it requires the algorithmic application of laws. In order for them to enact justice as equity, she argues, decision makers need a “vivid and expansive” moral imagination. Toward this end, she brings together two traditions: Aristotelian virtue ethics and modern literature on moral imagination. At the heart of her work is an ethnographic study intended to determine whether there are practices of restorative justice that can foster such a vivid and expansive moral imagination. After observing and interviewing participants in restorative justice programs in Colorado, Levad examined the narratives, metaphors, and symbols they used in order to determine whether and how they demonstrated a distinctively restorative moral imagination. Because the scope of her study was limited, and because she had difficulty getting a wide spectrum of roles involved in restorative justice to participate in the study, Levad’s results are more suggestive than conclusive. She acknowledges that we cannot generalize from them; although she draws on research methods from sociology and criminology, her findings do not meet their standards of evidence. Thus, the book’s greatest value lies in the recommendations it makes for further study. Empirical studies of the effectiveness of restorative justice practices have tended to focus on either reducing recidivism or the satisfaction of participants with the process. Levad brings to the fore two questions that have so far not been explored in previous research. First, how do restorative justice practices affect the moral imagination? And second, what effect might those practices have on ethical discernment? Her book takes some hopeful initial steps in addressing those questions.Although Levad writes as a Christian ethicist, she did not explicitly incorporate theological reflection into her study of state-sponsored programs. Belousek, by contrast, takes on an explicitly theological project of evaluating how interpretations of the significance of the cross of Jesus interact with such things as support for capital punishment, just war, and market economics. Since Belousek’s book is wide-ranging, this review will concentrate on the task it has in common with Levad’s book: that of reconceptualizing justice.In a fashion parallel to Levad’s use of Aristotle’s notion of justice as equity, which sometimes departs from strict legal justice, Belousek cites Paul’s vision of God’s justice “irrespective of” or “apart from” the law (372). Belousek begins by linking penal-substitutionary atonement theory to capital punishment, just war, and exchange economy in a single “paradigm,” arguing that they are all under-girded by what he calls the “Retributive Principle” (28). He then challenges this paradigm’s appropriateness for Christianity on biblical and doctrinal grounds. After examining arguments in favor of penal-substitutionary atonement in detail—drawing on the works of J. I. Packer and Thomas Schreiner, among [End Page 215] others—he turns to the scriptures cited in support... (shrink)

Although different perspectives on the essence and qualities of the absolute existence have been put forward by the philosophers, theologians, and Sufī philosophers, in the context of this article, we will examine whether absolute existence has a causal efficacy in addition to special existence in the unity of the First Principle and the first effect. We will discuss the views of two Ottoman scholars, Baghdādīzāda (who lived in the second part of the 10th/16th century) and (...) Arpacīzāda (d.1033/1623), who analyzed the effect of absolute existence with its aforementioned qualities on the simplicity of the First Principle and its being a part of the complete cause as an incomplete cause. It is generally accepted by the philosophers that the First Principle is the simple complete cause of the first effect by virtue of its essence without the need for conditions, tools, or the removal of any obstacle. Therefore, the First Principle must be the cause of the first effect with its simple existence that does not consist of any sensory or intellectual parts. Therefore, the decisive issue in the discussions regarding the definition of the complete cause is the inclusion of both simple and compound entities. Because the definition of a complete cause that includes only simple or compound causes would be incomplete since it does not include all entities. The definition of complete cause preferred by philosophers such as al-Asīr al-Dīn al-Abharī (d.663/1265) and Najm al-Dīn al-Kātibī (d.675/1277), who made important contributions to the conceptualization of complete and incomplete causes, as the totality of the things on which the maʿlūl depends in its existence, can only include composite entities. As a matter of fact, al-Sayyīd Sharīf al-Jurjānī (d.816/1413), in his Sharh al-Mawāqif and Hāshiya al-Tajrīd, states that the aforementioned definition of complete cause, which was mentioned by his predecessors al-Abharī and al-Kātibī has the possibility of including only composite entities, but he expresses that this situation is not a necessity with the example that a simple substance can be formed from a simple complete cause. The Ottoman scholar al-Khatībzāda (d.901/1496), who supported al-Jurjānī's sentiment that the aforementioned definition of the complete cause could only include composite entities, emphasized in his commentary on Tajrīd al-iʿtikād the possibility of accepting absolute existence as a necessary element for the realization of the complete cause, which led to the writing of separate treatises following the traces of this problem. In the context of al-Jurjānī and al-Khatībzāda's explanations, al-Baghdādīzāda addressed the possibility of absolute existence being a part of the complete cause without damaging the simplicity of the First Principle and wrote a separate treatise emphasizing that absolute existence does not eliminate the First Principle”s being a simple complete cause. Arpacīzāda was another Ottoman scholar who wrote a critical text in response to this treatise, which analyzed the effect of absolute existence on the existence of the first effect as a part of the complete cause and its relation to the special existence of the First Principle. In this article, we will try to reveal the effect of absolute existence on the First Principle's being a simple complete cause and the possibility of accepting it as a part of the complete cause through these individuals and treatises. (shrink)

This chapter contains sections titled: 9.1 9.2 9.3 9.4 9.5.

The verbs cause, enable, and prevent express beliefs about the way the world works. We offer a theory of their meaning in terms of the structure of those beliefs expressed using qualitative properties of causal models, a graphical framework for representing causal structure. We propose that these verbs refer to a causal model relevant to a discourse and that “A causes B” expresses the belief that the causal model includes a link from A to B. “A enables/allows B” entails (...) that the model includes a link from A to B, that A represents a category of events necessary for B, and that an alternative cause of B exists. “A prevents B” entails that the model includes a link from A to B and that A reduces the likelihood of B. This theory is able to account for the results of four experiments as well as a variety of existing data on human reasoning. (shrink)

The antithesis of nature and freedom is the central idea of Kant's philosophy. It is the direct expression of its postulated division of all existing things into the world of phenomena, which in their sum-total constitute nature, and its original foundation—the world of things in themselves, which lie beyond the categorial determinations of nature. Necessity and causal relations, like space and time, apply only to the world of phenomena; the world of things in themselves is free of these determinations and, (...) therefore, constitutes the realm of freedom—freedom from the intractable laws of nature. Thus, Kant, on the one hand, proves the unconditional subsumption of phenomena under the laws of nature, under the strictest determinism, and, on the other, insists just as decisively that freedom is the first, pretemporal link in the cause-and-effect chain of events. True, the existence of this original freedom is unprovable; it is unknowable, supersensible, and transcendent. But if we agree that there are not only phenomena but also things in themselves, then the conclusion about freedom is fully justified. If, on the other hand, we reject the existence of things in themselves, then we deny at the same time any possibility of freedom, for there are no exceptions in natural determinism. (shrink)

Causal overdetermination, the existence of more than one sufficient cause for an effect, is standardly regarded as unacceptable among philosophers of mental causation. Philosophers of mind, both proponents of causal exclusion arguments and defenders of non-reductive physicalism, seem generally displeased with the idea of mental causes merely overdetermining their already physically determined effects. However, as I point out below, overdetermination is widespread in the broadly physical domain. Many of these cases are due to what I call the (...) preservation of causal sufficiency. We need therefore to be precise about what unacceptable overdetermination amounts to in order to evaluate the prospects for a non-reductive account of mental causation. I argue that in order to have a good understanding of unacceptable overdetermination we should appeal to the notion of a minimal sufficient cause. In brief, a sufficient cause is minimal if it is sufficient to bring about the effect, but not more than sufficient. One way a cause could be more than sufficient for an effect is if its existence necessitates the existence of another (simultaneous) cause that is also sufficient for the same effect. In the second half of the paper I use this revised understanding of unacceptable causal overdetermination to show that the validity of the causal exclusion argument depends on strong readings of the principle of the causal self-sufficiency of physics. These strong readings can reasonably be questioned by a believer in non-reductive accounts of mental causation. This puts the burden of argument back on the causal exclusionist. (shrink)

The border is an area where the rule of law has often found difficulty taking root, existing as law-free zones characterized by largely unbounded legal and administrative discretion. In his important new book, The Rule of Law in the Real World, Paul Gowder deftly combines historical examples, formal models, legal analysis, and philosophical theory to provide a novel and compelling account of the rule of law. In this paper I consider whether the account Gowder offers can provide the tools needed (...) to bring the border under the rule of law. I argue that on Gowder’s account, there are two ways in which we might try to extend the rule of law to the border.The first is to look at concrete connections that current citizens or members of the political community have with non-citizens. Just as the interests of current citizens give them strong reasons to coordinate to establish the rule of law in their own community, so may the interests of current members in connections with nonmembers give them reason to work to extend the rule of law to the border. These interests can include family ties, other forms of personal relationships, offers of employment, intellectual connections, and others. Some of these connections already serve to give greater legal protections, including protections from arbitrary decision-making, to some non-citizens, and the general trend, I argue, can and should be further strengthened The second method for extending the rule of law to the border involves appealing to certain universal norms so as to build a sense of community that stretches beyond borders. While these norms are not as robust or well established as domestic law, and therefore are unlikely to extend all of the protections of the rule of law to all people at the border, they can, I argues, be a basis for working against the worst arbitrary actions by border officials. I conclude by considering the vexed dispute about providing “amnesty” for unauthorized immigrants in the United States and other countries. I argues that Gowder’s account of the amnesty provided to supporters of the oligarchic coups in ancient Athens provides a model for thinking about when and how amnesties for unauthorized migrants can be done without offending the rule of law, thereby making them more palatable to current citizens. (Please download this paper for free from SSRN on the link provided on this page). (shrink)

I spell out a problem with the doctrine of creatio ex nihilo: that, contra the doctrine, it is not possible to efficiently cause something from nothing. This is because an efficient cause requires a material cause in order to have an effect. The material cause supplies the potency that the efficient cause actualises. Because nothingness has no potencies, there is nothing for an efficient cause to actualise. I show that this objection presupposes that (...) the theory of noneism (the proposition that some things do not exist) is false. I postulate that the universe (i.e. the created order) is a non-existent item and so there is no problem with the claim that it was efficiently caused to come from nothing – the universe has no being anyway. After rehearsing the rather strong reasons in favour of the truth of noneism, I deal with two objections that are peculiar to my claim that the universe lacks reality: that creation possesses characteristics that are sufficient to render it existent and that a non-existent object has its properties independent of divine fiat. I show that there are sensible replies to both objections. With regard to the first I show that the possession of such characteristics at most shows that the universe has an ontological status that is equivalent to some reference point. With regard to the second I argue that the Characterisation Principle (i.e. in some world – not necessarily the actual world – an object has the properties that it is characterised as having) entails that non-existent objects possess their properties in virtue of some existent entity and that the only plausible candidate for such an entity is a divine mind of some sort. (shrink)

The subject of this thesis is physicalism, understood not as some particular doctrine pertaining narrowly to the philosophy of mind, but rather as a quite general metaphysical claim to the effect that everything is, or is fundamentally, physical. Thus physicalism explicates the thought that in some sense physics is the basic science. The aim of the thesis is to defend a particular brand of physicalism, which I call eliminative type physicalism. It claims, roughly, that every property is a physical (...) property, a property mentioned in the laws of physics, and hence that any putative property not identifiable with a physical property must be eliminated from our ontology. Eliminative type physicalism is apt to face three objections, and so my thesis, like Caesar's Gaul, falls into three parts. In the first, I argue against the idea that there are tenable positions, both physicalist and non-physicalist, alternative to eliminative type physicalism. I argue that each of these positions token physicalism (Fodor, middle Putnam), supervenience physicalism (Lewis, Horgan) and and a non-physicalist view I call pluralism (Goodman, late Putnam) is defective. In the second part, responding to the objection that there is just no reason to be a physicalist, I develop a positive argument for eliminative type physicalism, an argument resting upon a strong version of the explanatory test for reality according to which only explanatorily indispensable properties can justifiably be said to exist. In the third and final part, I argue, against the charge that eliminative type physicalism cannot accommodate what I call phenomenal properties (qualia, raw feels etc.), that there is no good reason to deny, and one good reason to affirm, that phenomenal properties just are physical properties. (shrink)

Despite Decades of scholarly attention certain sections of Kant's first Critique have proved recalcitrant to received readings, canonical interpretations are impossible to come by. Nowhere is this more apparent than in the literature on Kant's treatment of causality in the Second Analogy, where there exists a controversy of many years standing about the success of Kant's arguments in favour of what has come to be known as ‘the causal principle’. For example, contemporary Kant scholars of stature no less than (...) Lewis White Beck and W.H. Walsh argue that Kant offers a uniquely persuasive case for causation. Other interpreters claim that the materials of the Second Analogy fail utterly to provide what is needed to vindicate judgements of cause and effect in a way that would satisfy the sceptic about causation.2 Thus the despairing conclusion of one recent review of the literature on the Second Analogy:It is possible that there lurks somewhere in the pages of the Critique of Pure Reason a convincing reply to Hume's sceptical doubts about the causal principle. But no such reply has yet been brought to light. (shrink)

This paper explores the possibility of a standard legal language (e.g. English) for a principled evolution of law in line with technological development. In doing so, reference is made to blockchain networks and smart contracts to emphasise the discontinuity with the liberal legal tradition when it comes to decentralisation and binary code language. Methodologically, the argument is built on the underlying relation between law, semiotics and new forms of media adding to natural language; namely: code and symbols. In what follows, (...) I will concentrate on the study of factors that explain why such approach can be fruitful for the future of law and innovation. I have three reasons for selecting this topic. The first is a more pragmatic reason, based on my current research of law as a linguistic phenomenon. Secondly, the topic does also touch the matter on binary code language, rivalrous to legal alphabetic language. Lastly, the study aims at emphasizing the pivotal role of the jurist as an interpreter in a changing society accommodating diverging realms of reality. The study is structured as follows. Firstly, a quick exam of the traits of blockchain networks would provide the contextual link to establish the arguments in support of the need of a standard legal language. Secondly, a comparison between liberal legal institutions and theory of semiotics is set to perceive their functioning and ascertain their limits in the light of todays unprecedented changes. Thirdly, a summary on blockchain networks’ legal features would constitute the thrust behind the idea of a uniform legal language. Methodologically, the argument does also establish some relations with classical laws of physics and philosophy of media. Its aim is to demonstrate how the suggested legal interpretation and semiotic-based approach can contribute to overcome existing stumbling blocks including, but not limited to, the lack of cooperation at the international level as well as the gap in State norms when it comes to innovation. In this sense, the proposed strategies do not intend to replace current advances in the legal thought. In contrast, it seeks to harmonise their results providing a methodical approach that can concur to inform a new technique to address new controversial issues. In practice, the proposed method regarding the adoption of a uniform legal language would lower transactive costs in terms of normative coordination in the matter of international cooperation and in the definition of applicable law among different legal systems. Alternatively, it might contribute to the convergence of legal systems and/or their underlying concepts. Differently put, article’s contribution can be envisaged in fostering juridical consistency with regards to different forms of languages’ coexistence. (shrink)

The paper begins with the prerequisite assumption that social deprivation is a fragile and porous category. Thus, our hypothesis is, that how people are affected by the restrictions against the spreading of the coronavirus is often discussed in far too general and simplistic terms. It is often taken as a given, that the virus and the restriction measures not only have caused severe difficulties for us all (due to social distancing, fear, affected health, etc.), but that the measures have exacerbated (...) already previously existing forms of social deprivation. Therefore, it is assumed that marginalized groups are particularly affected by these effects of the pandemic. Two major German studies show the alleged effects of the relevant measures on adolescents and emerging adults (COPSY and FIBS) against the backdrop of social and economic deprivation; their results confirmed that social deprivation entails a higher degree of being affected by the pandemic.However, this picture becomes thwarted by considering the results of 10 narrative interviews, that were conducted by us with emerging adults in a German vocational training institute between April and August 2021 and showed variegated forms of experiencing issues related to the pandemic. In our analysis, we used the method of objective hermeneutics. In this paper, we present our considerations by outlining two contrastive experiences with the Covid-19 pandemic, in order to highlight the divergent ways in which the pandemic has been experienced even among individuals who previously had been affected by social deprivation – at least at first glance – in similar ways. The conceptual lens through which we interpret these two examples is, firstly, the one of precariousness and precarity (Butler 2009). And secondly, the concept of recognition derived from Honneth’s pertinent theory and Butler’s account of recognizability will play a pivotal role. While Honneth’s approach allows us to emphasize the normative and existential role of the fulfilment of our basic desire for recognition and the detrimental implications of disregard, Butler provides us with the means to thoroughly analyse the socio-historical conditions of misrecognition and social invisibility. Moreover, Butler focuses specifically on the recognizability of precariousness (Honneth’s triad of love, being respected as a rights bearer and solidarity shows a different focus). Combining qualitative research on precarious live circumstances with a theoretical perspective on recognition can also be found in a stunning research on couples in atypical working relations (Wimbauer and Motakef 2019). Proceeding from these theories and ‘applying’ them to our empirical material, we seek to call into question a too generalizing and hegemonic picture of how people were affected by pertinent restrictions. Qualitative interviews are able to point us to significant differences in the experience of the restrictions.In terms of an outlook, we suggest that a sensitization for previously excluded kinds of experiences forms a crucial basis for a less normalizing, that is, more inclusive account of interpreting the affectedness and needs of variegated social groups; the pandemic has influenced and altered structures of the recognition of vulnerability and, by the same token, made them more explicit. It thus is an occasion for a critical engagement with the recognizability of needs, deprivation, discrimination, and related phenomena. (shrink)

The article is devoted to the justification of the law of inertia. It is often called Newton's first law. It was established that this is not a law, but a postulate. Modern definitions of this law are given. It turned out that well -known definitions of this law are similar to each other. It is shown that this law before Newton was formulated by Descartes, Balillians, Ballo and Galileo. The ontology and philosophical significance of the category "cause" are considered. (...) It is shown that any thing or phenomenon arises for some reason, and nothing happens for no reason and nothing exists. And Democritus understood that there was nothing causeless and could not be. Democritus’s mistake is that he did not recognize a chance. Causality is a philosophical category showing the ontological connection of such two phenomena, when the second phenomenon arises due to the first. Moreover, the first phenomenon is called the cause, and the second is the consequence. In this connection of phenomena, the first phenomenon (cause) necessarily predicts the second phenomenon (investigation). And the mutual relationship between the first and second phenomena is called a causal relationship. is present in all known phenomena of the world, and it is usually understood as the occurrence of the same effects with the same causes. It is shown that in history many ideas and scientific achievements attributed to a certain author have often been discovered before them by other authors. For example, Lobachevsky and Boiai are considered to be the founders of hyperbolic geometry. In fact, this discovery was actually made before them by the now almost forgotten F.A. Taurinus (Taurin). The same can be said about the law of refraction of light. This law was discovered by the Dutch scientist Willebrord Snellius. In fact, 600 years before him, this law had been discovered by the great scientist and philosopher Bahmanyar al-Azerbaijani. And the same mistake is Newton's first law. Therefore, it is best to henceforth always refer to this law as the law of inertia. (shrink)

The thesis aims at analyzing metaphysical implications of the ordinary concept of "cause". The approach is justified through a discussion of Hume's theory of causation, accompanied by discussions about the nature of definition itself. ;Four major metaphysical problems of causation are discussed: The ontological status of cause ; the temporal relation between causes and effects ; the direction of causation ; and causal necessity . ;Through analytical discussions of the existing literatures on those problems, the thesis identifies certain (...) metaphysical assumptions to be responsible for the profound difficulties that the authors encounter, including the assumptions of a sort of Cartesian dualism of beings and activities, Leibniz' law of identity, and the Newtonian mechanical model of causation. A "particle-wave" ontology is introduced as an alternative to these assumptions, and thus provides solutions to the difficulties which otherwise cannot be solved. The dialectical nature of the ontology may not be happily accepted by philosophers of strict analytical tradition, but it finds its predecessors in the Chinese Taoist philosophy, Hegelian philosophy, Whiteheadian philosophy, and the Copenhagen interpretation of quantum physics. The author hopes to convince the readers that there is a paradox in the metaphysics of causation analogous to the paradox in the arithmetics revealed by Godel's theorem: We cannot have a complete metaphysics of causation without inconsistency. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 39.2 (2001) 294-295 [Access article in PDF] Schouls, Peter A. Descartes and the Possibility of Science. Ithaca: Cornell University Press, 2000. Pp. x + 171. Cloth, $35.00. There are at least three ways to write the history of philosophy. Truly historical historians of philosophy emphasize the context and development of ideas, concentrating on the intellectual, social, and personal factors that affect the way (...) philosophers have thought about their subject. Analytic philosophers take a critical approach, considering the logic and merit of the arguments of philosophers who have lived in the past almost as if they are engaging in contemporary debates. Another group of philosophers use the ideas of historical figures to support their own philosophical agendas. Peter Schouls' new book on Descartes falls into this third category.Schouls' aim is to present Descartes' philosophy as the origin of modernity. What he means is that "Descartes believed that the world and humanity exist in a relationship which makes it possible for humanity to improve its state through manipulating the world. This manipulation is by means of developing and applying science." Schouls interprets Descartes' notion of progress as leading to "increases in freedom from the drudgery of labor, from the suffering of illness, and from the anxiety of interpersonal and international quarrels,"(ix) arguing that mind-body dualism is necessary for humanity to accomplish these lofty goals.Schouls asks what conditions are needed for humans to develop the science that is a necessary condition for the kinds of progress Descartes sought (and Schouls clearly endorses). Human progress depends on the possibility of science. Descartes founded his science on the pure metaphysics developed in The Meditations. These metaphysical foundations provided the framework for his claim that the human mind can acquire certain knowledge of the world. Central to Descartes' method, Schouls argues, is the view that the imagination must be incorporeal. If this view can be justified, it is a significant departure from the views of most seventeenth-century philosophers who thought that the imagination is a corporeal organ that translates and transmits mechanical impulses to the incorporeal soul. Schouls argues that because the subject-matter of science, especially geometry, involves imagining relationships apart from empirical [End Page 294] experience, it is necessary that the imagination must be incorporeal. Consequently, mind-body dualism is a necessary condition for the kind of science and progress that Descartes sought.There are flaws in this book, some having to do with Schouls' argument and some having to do with its lack of historical context. The two problems are inextricably linked. Schouls reads Descartes without due consideration of historical context. The book's bibliography reveals no primary sources other than the writings of Descartes. Descartes did not write in an intellectual vacuum. He worked within a community of philosophers, and that community provided both the background and audience for his own thoughts. Ignoring this seventeenth-century context causes Schouls to misread the significance of some of Descartes' ideas. For example, he writes that Descartes' philosophy was condemned in both Protestant and Catholic venues "in part because of its assertion of the limitlessness of human freedom" (4). In fact, Descartes' philosophy was banned because he attempted to give a mechanical explanation of the Eucharist. On a related point, Schouls' drive to present Descartes as the origin of modernity causes him to sideline important issues such as the role of theology in Descartes' thought.Similarly, the lack of historical context leads to errors of interpretation. As Alan Gabbey and others have recently demonstrated, terms like "mechanics" and "science" meant something different in the seventeenth century from what they mean today. Even the terms a priori and a posteriori had different meanings in early modern thought. Schouls expresses some mystification about Descartes' use of the term "a priori" in the second Meditiation. This mystification would vanish if he had taken into account early modern usage according to which a priori means reasoning from the one, true cause to an effect rather than acquiring knowledge of the world independently of experience.Schouls' argument sometimes loses... (shrink)

One of the most important issues in Islamic law is that either partially or completely, or temporary or permanently, a rule can be changed for a particular group of people or everyone. Since the concept of necessity can lead to a change of an important rule like ḥarām/prohibition, this concept should be examined meticulously both in theory and in practice. The thşs study aims to analyze how and why necessities make some ḥarāms permissible and to reveal the ultimate cause (...) for this ibāḥa (permission) from the point of view of Islamic legal theory and philosophy. To achieve this aim, first, the nature of the relationship between the prohibition and the act is examined. To understand how and why necessity gives permission to some ḥarāms, it is necessary to determine the changing and unchanging elements in the case at issue. In the case of necessity, there is no change in the nature of the act and the evil, which is considered as the reason of banning. Indeed, there is a change in the conditions surrounding the act and in the state of the obligated person. However, the main factor that enables the change in ḥarām is the change in the addressing of Shāri‘, who takes into account the changes mentioned. It is seen that the changes stemming from necessity do not lead to the same results as in all permitted ḥarāms. This observation requires a thourgh examination and elaboration on what the scholars of legal theory mean by abolition of prohibition and turning it into permissible. As a result, it has been observed that permitted ḥarāms do not equally function in terms of turning into permissible and that they do not have an equal effect on other acts in the field of mubāḥ. In that case, it is possible to evaluate the permitted ḥarām acts as al-maʻfuw ʻanh/forgiven acts. Although the act could be considered part of the category of mubāḥ, it would be more correct to place them close to the line of makrūh. From the point of view of the servant, the reason why necessity makes a ḥarām act permissible is the priority of avoiding greater evil. However, to reveal His sincere servants, Allah's command to them to avoid all ḥarāms even if they die, does not contradict with His wisdom. For this reason, the ultimate cause why Allah considers the case of necessity in passing judgment is His endless mercy. All these points helped reaching some broader conclusions about legal theory, as well as some conclusions specific to the case of necessity. It turns out that to understand how necessity makes some ḥarāms permissible, one needs to comprehend the relation between the act, the obligated person, the conditions surrounding them and the Shari‘ correctly. Understanding this relationship well is also extremely important to understand the theory of ruling and the Islamic legal theory. This research has substantiated once again that the issues addressed by the Islamic legal theory and practice are linked to the theological doctrines, more than, it is commonly perceived or considered. It turns out that it is important to know the deep or subtle differences between the terms such as ḥarām-ḥalāl, maḥẓūr-ḥarām, mubāḥ-ḥalāl, fundamental mubāḥ-ma‘fuw ‘anh, etc. as well as grasping each of the rule categories. Comprehending all these concepts constitutes an important step in acquiring a true understanding of religion and the maqāṣid al-sharī‘a. In this research, it has been proven once again that each category of the rule includes different levels of ruling in itself. The reason why the acts are categorized in different levels even if they are in the same rule category is the concepts of worldly and otherworldly; evil or good arising from the the ḥarām act. This study also confirmed that the obligated person is at the center of the law. This fact reveals how difficult it is to argue that the rules of Allah are based on divine will that is independent of and disregards the act, obligated person, and conditions. On the contrary, it is understood that the interests of the servant are considered both in the rules of necessity and in the whole of the divine legislation (and even the genesis). On the other hand, this indicates a legal system that is not inflexible and dull, but rather dynamic and parallel to life. Both the fact that the real and absolute source of the rule is Shāri‘ Almighty,and that a very large area of legislative was left to the mujtahid should be considered together. This truth has been observed once again in the matter of making prohibitions permissible on the basis of necessity, and the task of determining which evil is greater was often left to the mujtahid’s consideration. (shrink)

This article examines the notorious mid-nineteenth-century American trial of Amelia Norman, who was acquitted - very much against the weight of the evidence - of attempting to kill the man who seduced her. In particular, we explore the role in the trial and its aftermath of the affective energies and cultural expectations set in motion by best-selling American sentimental novels like Hannah Foster's "The Coquette" and Susanna Rowson's "Charlotte Temple." In Norman's case, once newspapers, defense lawyers, and reformers such as (...) Lydia Maria Child recast the defendant as a sentimental heroine, the trial became about seduction, not attempted murder. The sentimental emplotment of Norman's life marshaled a powerful set of emotional responses and moral judgments on her behalf. For example, Norman claimed insanity. And since sentimental heroines are supposed to go mad when they are seduced and abandoned, the jury was prepared to interpret her symptoms according to her lawyers' very strategy for establishing her innocence. Ultimately, however, Norman embodied the plight of the sentimental heroine at the same time that she contested her fictional counterpart's fate. In this way, her trial spectacularized the disparity which the sentimental novel conjures up and displaces but never resolves. Going further, the common law theory of coverture, which severely limited the legal personhood of married women, has received a great deal of scholarly attention. Cases like Norman's remind us that unmarried women were also subject to draconian constraints on their legal personhood. The tort of seduction is a key example. Legal historians trace the development of the seduction tort from its common-law origins, when men's property interest in women's bodies formed the basis of the cause of action, to 1851, when Field Code authors (including Norman's lawyer, David Graham) persuaded several states to grant seduced women standing to bring their own cause of action. Consequently, courts were forced to reckon with the seduced woman as a moral agent capable of consenting to sex. As trials like Norman's demonstrate, sentimental novels helped lay the groundwork for this shift in the law by elucidating a subjectivity for the seduced woman. Yet the doctrinal implications of Norman's precedent-setting trial had a second, more ambiguous strain. Other women facing similar charges used the same legal strategy to gain acquittals in a substantial number of cases. Indeed, Norman's sentimental strategy proved so powerful that men on trial for killing their wives' seducers appropriated it to bring their own stories before juries and to reinforce male sexual norms through the so-called honor defense. In the end, then, Norman's trial fostered legal reform, but it also suggested - as Lydia Maria Child's fictionalization of the case in "Rosenglory" recognized - that only sustained and multifaceted efforts to change cultural as well as legal norms could improve the sexual status of women. In addition to its legal, literary, and historical insights that it provides, we also intend this article to contribute to debates on the nature of scholarship in law and literature. Scholars such as Wai Chee Dimock have argued for a focus on the historical and historically shifting relations between law and literature - a view we endorse. Where we differ from Dimock is in our diversion of attention away from abstract ideas of law laid out by treatise writers and philosophers in favor of law experienced and manipulated by individuals. So, too, we are interested less in representations of concepts such as justice in legal and literary texts than we are in the ways in which literature (broadly conceived) can create provisional and fragile opportunities for concrete instantiations of justice and even generate legal change (for good or ill). We would argue that to the extent legal change motivates rather than simply mirrors cultural change, it needs literature to be effective. This project, then, responds to Gregg Crane's call for attention to the complex and slippery historical interactions of law and literature that shape and are shaped by an ever changing cultural idiom of justice. The extended story of Amelia Norman, in short, not only constitutes a case study in the inescapable interaction between the overlapping and interdependent discourses of law and literature, but also reveals the literary and legal consequences of that interaction. (shrink)

The dissertation entitled Jacques Maritain and the Centrality of Intuition is a study in the influence of Henri Bergson's notion of intuition in the thought of Jacques Maritain. It is argued that Maritain used tenets from Thomistic philosophy to transform Bergsonian intuition, first by putting intuition back into the intellect from which Bergson in fact severed it. It is also argued that, although Bergson in fact put a wedge between intellect and intuition, that was not his intention. Because Bergson in (...) fact separated intuition from the intellect, however, Maritain accused him of being anti-intellectual. Contrary to Maritain's criticism, it is argued that Bergson was anti-intellectual only in the sense of criticizing a bad use of intelligence, but not in the sense of criticizing intelligence as such. Maritain then interprets Bergson's intuition as an immediate knowledge of reality in two ways: first, as the intellectual metaphysical intuition of being yielding a concept of being as being in its analogical amplitude and as not intrinsically linked to matter; second, as various and analogous modes of intuition by way of affective connaturality, i.e., an obscure, but deep and penetrating knowledge of the very subsistence of a thing by bypassing the concept. Various modes of affective connaturality are described, namely, the connatural knowledge of the virtuous person, of the prudent person, of the natural law itself, of the mystic, the lover, and the poet. In connatural knowledge, intuition is seen to be both intellectual and emotion-laden. Given the various modes of intuition explored by Maritain, it is argued that intuition is central to Maritain's thought. It is further argued that the content of one's experience of the self and being known in the various modes of connatural knowledge is stored in the depths of the spiritual preconscious of the soul and acts as an indirect cause that disposes one to have an intuition of being should one be so gifted. In addition, connatural knowledge of being is also an indirect cause of creative insights in science, mathematics, and in all other kinds of knowledge. A kind of poetic intuition is at work everywhere, even when subordinated to the ends of some other kind of knowledge. Consequently, it is necessary to be a contemplative, especially for the philosopher who needs to be attuned and receptive to the mystery of being if he/she is to be gifted with the metaphysical intuition, without which one cannot be an authentic metaphysician of existence. The thought of Henri Bergson, Pierre Rousselot and the Maritain Thomist, Joseph Sikora, S. J. is heavily relied on in the exposition of the thesis. (shrink)

The concept of family economy in Islam has been addressed under various issues in classical sources though not extensively discussed in the classical literature. Islamic jurisprudence generally embraces pragmatical approach and pays attention to the needs of society. It is evident that economic relationship within the family is not addressed under a single heading in classical sources, but rather evaluated under numerous headings. From this perspective, it can be observed that each individual within the family concept enjoys distinct economic rights (...) and responsibilities. The social, ethical and financial responsibilities in the family are carried out within the framework of maintenance. In this respect, the Islamic legal system approaches the concept of family economy with a balanced view between income and expenditure, lawful and unlawful, and blessing and burden, and does not evaluate the issue purely as an economic activity. However, in contemporary times, the term family economy is understood more in terms of the economic and legal statues of the individuals within the family, such as their handling and responsibilities concerning acquired properties and the nature and manner of property distribution. This approach significantly diverges from the individual and social responsibilities entailed by property ownership in Islamic law. In Islam, the possession of individual economic rights and freedoms does not imply that one has no responsibilities towards others and cannot act irresponsibly. Based on this fundamental paradigm difference, this article aims to analyze the concept of family economy from the standpoint of Islamic law, discussing what it is and is not. The study has revealed that, even today, economic interests and activities within the family sometimes lead to conflicts, causing the parties to abandon their ethical and religious responsibilities in favor of establishing definite lines solely based on legal grounds. This, in turn, significantly undermines the essence and continuity of being and remaining a family. Furthermore, when examining writings that attempt to explain the economic status of the family according to Islamic law, it is evident that the provisions found in classical fiqh books, which were arranged according to the human, Islamic, and customary structure of that period and were quite functional, are repeated without considering the contemporary societal structure and changing human character. Although these provisions are accurate and effective within their own context, they are deemed inapplicable by modern individuals, rendering them ineffective. The appropriate way to address this issue can be to emphasize that the rules concerning family economy in classical fiqh are not merely ethical and conscientious, but that legal intervention will ensue if they are not adhered to. The fundamental assertion of this article is based on this premise: the concept of family economy inherently exists in Islamic law, imposes various responsibilities on the parties, is structured on a balance of blessings and burdens, and entails legal, ethical and religious responsibilities. (shrink)

The paper sets out from Göodel's question about primitive concepts, in connection with Gödel's proposal of the employment of phenomenological method. The author assumes that the answer that can be found in Kant is relevant as a starting point. In a modification of the approach by K. Reich, a reconstruction of Kant's "deduction'' of logical forms of judgment is presented, which serve Kant as the basis for his "metaphysical deduction of categories'' including substantiality and causality. It is proposed that different (...) aspects of Kant's "original unity of self-consciousness'' as applied and attached to concrete representations step by step yield different forms of concepts, judgments, and inferences. Categorical, hypothetical and disjunctive judgments are shown to be gradually strengthening the conditions of bringing our representations under the "objective unity of consciousness", and in this way gradually implementing logical laws. The corresponding concepts of substantiality, causality, and mutual influence appear to be grounded in the primitive forms of our thinking. (shrink)

Polygyny, the marriage of a man with more than one woman at the same time is a well-known practiced in human history. Islamic law accepts the institution of polygyny as a substitute provision if it fulfills the certain conditions and reasons, -and limited the maximum number of wives to four. Although polygyny is mubah (permissible) in Islamic law, it is not an absolute right that every man can use arbitrarily. Thus in Islamic law, the legitimacy of polygyny has been attributed (...) to the presence of two basic conditions: the observance of justice among co-wives and providing maintnance. However, the observance of these conditions that is left to the mercy of men leads to the exploitation of the right for practicing to polygyny and victimization of the first spouse. Therefore, inserting some restrictions for using this right has come to the agenda from time to time in Islamic legal history. The first legal arrangements concerning the restriction of the polygyny (taaddud al-zawjāt) in the history of Islamic law were indirectly made with the Family Law Decree of 1917 which was prepared in the last periods of the Ottoman Empire. Among the late Islamic jurists, the issue of the limitation of polygyny by public authority in Islamic law continues to be discussed. The civil laws of contemporary Muslim countries contain different regulations on the issue. In this article, the restriction of polygyny by the public authority in Islamic family law will be focused on.Summary: Polygyny, the marriage of a man with more than one woman at the same time is a well-known practiced in human history. Islamic law accepts the institution of polygyny as a substitute provision if it fulfills the certain conditions and reasons, and limited the maximum number of wives to four. Thus, relevant verses in the Qur’an (al-Nisa 4/3, 129) and the Prophet’s own practice (al-Ahzab 33/50, 51, 59 al-Tahrim 66 / 3-5) show that it is legitimate for a man to marry more than one woman (up to four) at the same time in Islamic law. Although polygyny is legally permissible (mubah) in Islamic law it is not an absolute right that every man can arbitrarily use. Thus in Islamic law, the legitimacy of polygyny has been attributed to the presence of two basic conditions: the observance of justice among co-wives and providing maintenance. On the other hand, there may be some exceptional circumstances permitting polygyny in Islamic law. For example, when female population is much more than male in the society and when a, woman is can not fulfill her family duties due to her cureless illness, polygyny is permitted in Islamic law.As it can be understood from the explanations above, polygyny in Islamic law is not a general and mandatory provision that should be applied by every man who has legal capacity to marry. On the contrary, it is an exceptional provision that is justified if there are certain conditions and justifications. According to this; polygyny is a moral and legal institution that is made up of mutual consent based on individual and social conditions and needs in Islamic law. Therefore, men do not have to marry a second woman on their current wives, as well as women have the right to say “no” to marry a married man as a second wife.When the conditions and rationales indicated in the relevant verses and doctrine are evaluated together, it can be said that in order to be able to legitimize the polygyny in Islamic law, there must be three basic conditions:(1) Observing justice among spouses, (2) Having sufficient financial power to provide maintenance for spouses, (3) Existence of individual or social need or necessity.Therefore, in order to prevent the exploitation of polygyny, which is justified under certain conditions and justifications in Islamic law, the above-mentioned conditions must be fulfilled. Otherwise, polygyny can cause some problems, unrest and injustice for individual, family and society. Hence, in the presence of certain conditions and justifications, polygyny accepted in Islamic law as a moral and legal institution aiming the elimination of individual and social arbitration.Although the legitimacy of polygyny in Islamic law depends on the existence of certain conditions and special circumstances, it is a known fact that they are not always observed in practice. It can be said that the right of polygyny is a subject of abuse in practice. Therefore, the limitation of polygyny by the public authority has come to the fore in Islamic legal history. Today, control of the public authority and inserting some restrictions of polygyny continue to be discussed among the Islamic jurists. In the past, it is possible to say that the control of the exercising of this right has been done relatively by society (social environment). However, nowadays, since the society cannot perform the control mechanism, it is brought up by the state (public authority) on behalf of the society.Among the contemporary Islamic jurists regarding the supervision or limitation of polygyny by the public authority; there are two approaches: “those who accept” and “those who do not accept” such restrictions.Islamic jurists, who accept that public authority is allowed to intervene in polygyny, grounded their views on two perspectives: The first is that the polygyny is legally permissible and the public authority has the authority to limit the permissible (mubah) in Islamic law. The second is that polygyny is restricted with the conditions in the Qur’anic verses such as “husband’s observation supervision of justice among his wives” and “having the power for ensuring the livelihood (nafaqa) of his wives” and it is more appropriate for the benefit of society and the purpose of the legislator (Shari’) to be subject to the control of the public authority whether these conditions are present or not. Islamic jurists, who do not agree that the public authority has the right to intervene in polygyny grounded their views on two perspectives as well: First, polygyny is a legitimate right mentioned in the verses in Islamic law and there is no definite proof that this can be prohibited or restricted by the public authority. Secondly, it is contrary to the verses to prohibit or limit the right that the Qur’an makes legitimate (free).Thus, it is possible to say that the opinion which accepts that the public authority has to limit polygyny is more accurate in terms today’s social conditions. Namely, polygyny is linked to two basic conditions: ”husband’s observance of justice among his wives and having the power to provide maintenance for his wives. Therefore, supervision of the public authority on checking the existence of these conditions is more appropriate for the purpose of the legislator (Shari legitimizing polygyny and social benefit.In fact, the Ottoman Family Law Decree of 1917 indirectly limited the right of the husband to marry more than one woman, giving the woman right to stipulate a condition in her marriage contract that her husband not to marry a second woman. In the 1924 Draft of Family Law Decree, which was prepared after the repeal of the Family Law Decree of 1917, but not enacted, it was proposed that the application of polygyny should be presented to the approval judge.In today’-s Muslim countries, there are three different practices: namely “completely prohibiting polygyny”, ”releasing polygyny” and “giving the court the right to monitor the existence of necessary conditions “. In countries such as Morocco, Algeria, Iraq, Syria, Indonesia, Malaysia (and Pakistan), the validity of polygyny depends on the permission and supervision of the judiciary. Some of these countries which have accepted judicial review have given the judicial control for the requirement of justice, some of them the conditions of justice and maintenance some of them for the conditions of justice, maintenance and a legitimate justification.In sum, in accordance with the provisions of the relevant verses, polygyny in Islamic law is legitimately permissible (mubah). However, the public authority has the right and authority to limit the mubah in Islamic law in the case of the elimination of damage and the necessity of the public interest. On the other hand, the public authority has the right and authority to enact the law in Islamic law by preferring one of the existing ijtihads that meet the needs of the society and conforms to the conditions of the age.According to this, when the public authority made a statutory regulation that links the use of right of polygyny to the permission of the judge, this regulation is binding on society.Therefore, in the event of such a legal arrangement, it is possible for the public authority to allow the men who comply with the conditions and not to allow the ones who are not to comply with the conditions after conducting the necessary investigation. As a matter of fact, now Family Laws of many Muslim countries now include such legal arrangements. It is also worth mentioning here that there may be a necessity for a man to marry more than one woman (up to four) at the same time in terms of social benefits, when the population of male and female in a society is excessively disproportionate. In such circumstances, it is also possible that the public authority encourages, or even mandates, the marriage of men who have fulfilled the conditions to more than one woman. (shrink)

Praise be to Allah and peace and blessings be upon the Messenger of Allah and his family and companions, and after: This research tagged with: "Family security is a legitimate purpose to achieve human security" aims to show the importance of family security, and how the Sharia paid great attention to it, and stressed the need to maintain it in all psychological, health, physical, economic and moral fields as the family is the first basic social unit and nucleus, which is (...) based on preserving it, the preservation of the human species, its security and stability, and thus the negligence of it is negligence of the human race and the human species as a whole. This research is supported by legal or Sharia ‘s texts that make it clear that achieving family security is a legitimate goal given great care by Islam, and there is no evidence of this clearer than the rotation of legal provisions either lawful or unlawful around the protection of the family: its religion, soul, mind, dignity and wealth, which preservation ot them represents the preservation of the highest levels of interests, and is called the five necessities. This research came after mentioning the legal texts supported by human studies and experiences as a source of knowledge that benefits the human race, and in support of what was stated in the legal texts of facts and results of interest that may increase the stability of the Muslim and his faith, and highlight the bright face of Sharia, away from other projects and trends that are imposed under the media noise and various pressures, despite the clarity of their destructive effects on the family and human society. The sufferings that were resulted of these devastating effects appered every where, that causes reluctance to show the truth and the beneficial and useful consequent of them, and therefore this research came as a contribution to the promotion and protection of family security as a legitimate purpose to achieve human security, where it included an introduction, seven investigations, results and conclusion. The first section included clarification of the truth of the purposes of Sharia, its sections and ranks, as the second section included confirmation that the role of women is large and important in the protection of family security and that their position in the family is responsible not hired, then the third and fourth sections indicated how Islam achieved health security and protected the family from physical and psychological diseases that may affect its members, then the fifth section showed how to achieve economic and living security, and the sixth section included a statement of how Islam achieved security for the family and protected it from extinction and weak reproduction, which endangers countries and the lack of renewal of generations resulting from the lack of births, while the seventh section dealt with the statement of how Islam achieved security for the family and protected it from crime that targets its foundation and entity. Praise be to Allah, Lord of the Worlds, and may Allah's prayers and peace be upon our Prophet Mohamed, his family and companions as a whole. (shrink)

Infinity and the Brain proposes a logical and scientific way to resolve the paradox of mind and matter -- by explaining how the perception of a finite image is dependent upon the contrasting infinitude of God. The theory holds that awareness is equal to a tension between existence and nonexistence, such that the self is illuminated to itself (becomes conscious) to the exact measure that it anticipates the infinitude of its own nonexistence. This "anticipation" is actually a "tendency toward" (...) a loss of structure in accordance with the second law of thermodynamics, a process that is restrained by effort and the consequent wholesness of an image. An understanding of how effort is linked to an image and how both are dependent upon neural systems inseparable from "infinity anticipation" sets the stage for a new worldview -- in which mind is seen as dependent upon the immanence of an infinite God. And because "mind" can be defined by the presence of an image which intrinsically restrains disorder, we see by extrapolation that the entire universe must be fundamentally personal, not objective as currently viewed by modern science. Book jacket. (shrink)

Metaphysicians play an important role in our understanding of the universe. In recent years, physicists have focussed on finding accurate mathematical formalisms of the evolution of our physical system - if a metaphysician can uncover the metaphysical underpinnings of these formalisms; that is, why these formalisms seem to consistently map the universe, then our understanding of the world and the things in it is greatly enhanced. Science, then, plays a very important role in our project, as the best scientific formalisms (...) provide us with what we, as metaphysicians, should be trying to interpret. In this thesis I examine existing metaphysical views of what a law is (both from a conceptual and from a metaphysical perspective), to show how closely causation is linked to laws, and to provide a priori arguments for and against each of these positions. Ultimately, I aim to provide an analysis of a number of metaphysics of natural laws and causation, apply these accounts to our best scientific theories, and see how these metaphysics fit in with our concepts of cause and law. Although I do not attempt a definitive metaphysical account myself, I conclude that any successful metaphysic will be a broadly Humean one, and furthermore that given the concepts of cause and law that shall be agreed upon, Humean theories allow for there to be causal sequences and laws (in line with our concepts) in the world. (shrink)

Efficient thinking is the foundation of efficient operation. The correct definition of concepts, especially the basic ones for a given field, in order to reach the truth, is a condition for the development of science and its social utility. The Petrażycki’s research methodology of law is a thoroughly modern method, as it enables effective examination of the accuracy of contemporary legal theories created after Petrażycki’s input. A model contemporary theory susceptible to an examination through the research methodology of law by (...) Petrażycki is the normative theory of legal rules and non-legal standards by Dworkin. For this purpose some falsifications will be subject, i.e. selected ad hoc among many others, two important theories of normative law theory Dworkin. The first one is the thesis classifying legal norms into two groups of norms, namely legal rules and non-legal standards. The second one is a thesis about the existence of who are capable of discovering and issuing lawful and, at the same time, fair court decisions, which are also the only ones for resolving particular court disputes. Unfortunately, owing to the seemingly cognitive research methodology of Petrażycki, both Dworkin’s deformed division of legal norms as well as Dworkin’s Hercules judges - cannot stand the test of authenticity. Due to the Petrażycki’s methodology, the legal-normative theory of Dworkin does not lose an innovative outlook on the existence of social norms, which are being discovered by judges in the jurisprudence, indifferently to the doubts over their proper classification. Moreover, Dworkin’s theory is placed between naive theories, regardless of whether they are considered realistically naive theories or nihilistically naive theories A few random reflections on the well-known work of Dworkin with the help of Petrażycki’s methodology serve to provide a new perspective on the contemporary legal normativity. (shrink)

Intentional mental states have causes and effects. Davidson has shown that this fact alone does not entail the existence of psycho‐physical laws, but his anomalism makes the connection between the content and causation of intentional states utterly mysterious. By defining intentional states in terms of their causes and effects, functionalism promises to explain this connection. If intentional states have their causes and effects in virtue of their contents, then there must be intrinsic states (of the people who have them) (...) which are ‘local causal surrogates’ for the propositions believed, desired, or whatever. We can define these intrinsic states in terms of the laws that govern them, but these laws alone are not sufficient to account for intentional content. To do that we need to invoke laws which link these intrinsic states with their contents. Such a ‘wide’ functional account is sketched; it combines a suggestion of Ramsey's about truth conditions with a ‘feedback’ account of the content of desires. (shrink)

continent. 1.3 (2011): 201-207. “Poetry is experience, linked to a vital approach, to a movement which is accomplished in the serious, purposeful course of life. In order to write a single line, one must have exhausted life.” —Maurice Blanchot (1982, 89) Nikos Karouzos had a communist teacher for a father and an orthodox priest for a grandfather. From his four years up to his high school graduation he was incessantly educated, reading the entire private library of his granddad, comprising mainly (...) the Orthodox Church Fathers and the ancient classics. Later on in his life he sold the library for money, only to buy a little more time before he went broke again: “I carry sorrow like a cage/ I got no birds/ as I come back from her hair/ I see the profit emptied/ cool from terror.” (1993, Ι, 101) Nowadays—and ridiculously recently—we are more than apt to speak of a certain insouciance pertaining to the Greek form of expenditure: expenditure without any type of investment, sometimes not (even) symbolic. In the vaults of the European unconscious, this imprudent stance still conjures a “capital punishment” in the form of de-capitation, reflecting back the fear of excess and the terror of its consequences.1 Thus the Greek way of living is very close to what a stranger could have termed as “the Greek way of dying.” Yet, what is not often understood is that the Greek esprit , the same one that invented the maxim μηδ?ν ?γαν (“nothing in excess”), does not experience death solely as an imminent fear of bankruptcy. For it miraculously combines its unconditional acceptance with the promise of a resurrection that is always there in the scents of Spring, from Dionysus to the orthodox Christ: “Everyone resurrects himself through dying [….] Resurrection is the switching of mortalities.” (2002, 94) Hence, if an entire library was imprudently traded for a plate with seven olives, a sliced tomato and some fresh goat cheese, let us not be fooled: this is not the meal of the pauper, but that of “an aristocrat from God” (1993, II, 491) feeding his eloquent loudmouth, ridiculously cut open in an otherwise rock-solid caput . *** To speak of the Greek experience is to speak about a half-dead language that still utters in life what is seemingly excluded from it and thus forbidden to be talked about: death. Death as anything that is out of this world, as something that will never return . Still, along with an experience of death that recently waned as a worn-out academic fashion, the Greek experience is dead too. Nearly 2300 years of written words separating Homer from the fall of Byzantium equal 500 books on a library traded for money: “I am with the killed. Hence my deepest solitude. I do not feel this tremendous macho society, beyond from the fact that it is a ruthlessly consuming one. It is me who pays all the time .” (2002, 57) Let us do the math and see how much this dealing with the Greek experience is costing the poet and how much dealing with the Greek experience might cost us today. *** “I do not guarantee a single word.” (Karouzos, 1993, II, 454) Through its various dialects and forms, the Greek language speaks through an incessant historical dissemination. Anyone who is aware of this terrifying polymorphy and still calls himself a poet, must stand against a white sheet of paper, pen-in-hand, with a very particular duty: to be as fully inconsistent as possible. In the formally ironic uniqueness of the poem, the poet functions as “a band-aid for lesser and greater antinomies.” (1993, I, 251) Of course these antinomies are not exhausted in language—they are historical, political and, alas, existential. Yet, beyond appearances , it is language that ruthlessly encodes them through history, submitting the poet to the temptation of placing them one next to the other on a single white sheet. The closer their neighboring, the greater the scattering of the writer in the ironic uniqueness of the paper. In a work where poetic license is described as a “freedom-impasse” (2002, 51), this task is undertaken in full conscience of its personal consequences: “what I am interested in is to escape my individuality (envisioning the non-ego) […] Nevertheless, my dissociations never achieve duration.” (2002, 74-75) Hence, though poetry is the “deserted direction of will,” (1998, 62) the stance of the poet is not that of a Nietzschean “great man.”2 Whereas drunkenness provides a thread between the poem and the excess it both presupposes and infuses (“Poetry always enlarges. ‘Drunkenness’ is nothing more than that,” (2002, 85)), whereas language flashes in loudmouth spurts of déraison (“When I am alone I do something else. I utter words. For example, while having my ouzo and listening to music I am most likely capable of randomly shouting ‘Electricity!’” (2002, 138)), the poet never gives in to the double affirmation that would eventually risk the “element of pleasure in discourse.” (2002, 80)” It is exactly because the gap of the antinomies is so vast that poetry is not meant to be written with a hammer. Neither does writing consist in a reevaluation of those elements. In short, poetry is not an affirmation of difference, but the surprising beauty of chiming antinomies. We might never transcend them, but it is up to us to put them together. Yet again, this voisinage is not to be identified with the necessity of chance as an eternal return.4 On the contrary it is a return from that very return : Let us treat Yes as a No to No and No as a Yes […] And let us not forget that this pissed affirmation crumbled down Nietzsche’s intellect in the dark paths of this world. (2002, 88) This return from the “vicious circle” should in no way be taken as a form of artistic prudence. Rather it can be seen as a dribble of demonic inconsistency as Dionysus transforms himself into a Christ that is in turn de-theologized: “Who can forbid that? Every man is capable of his own theology, nothing can stop him.” (2002, 73-74) This is a turn towards an existential vision of the world, historically coinciding with a particular political defeat of the Left, to which the poet devoted all his life: after the defeat of the popular front I raised the question “why do we exist?” while others were asking “why we failed.” (2002, 57)5 But most of all it is a return to poetry that exceeds the existential question itself, going beyond the issue of faith. Poetry comes in as a question of return after a defeat that is confessed in full profanity. Though it accepts the necessity of the defeat, it does not affirm it. Though it negates it, the negation is not in the name of a promise to be delivered in the kingdom of heavens. Following a historical and existential defeat, poetry is born post mortem . It signals a return to Christ as “groundless religiousness in the surprise of the real as such” (2002, 72) which is at once a return to the refuge of childhood. It is not a question of endurance towards an eternal return. Rather it is a question on the possibility of an existential return. Returning in a world as someone who cannot enjoy any returns exactly because he is averse to guarantees. A return without returns. *** PHOTOCOPY OF HAPPINESS When I was young I used to pin down cicadas and step on ant nests. I used to stand there silent for hours. With threads I decapitated bees. Now I am a dead man breathing. (Karouzos, 1993, II, 336.) The return to the “paradise of childhood” (2002, 68) constitutes the devouring refuge of its own memory when defeat becomes the synonym of adulthood. The political struggles of a young communist in a country torn up by a civil war right after World War II fraught with incarcerations and exiles. Historically they resulted in the defeat of the communist movement in Greece and opened up a long turbulent road that would peak in the dictatorship of 1967. Existentially they led to a series of disillusionments: mental breakdown, divorce, abandonment of studies in law school. To the question “why do we exist” the answer was poetry. Still this exposé should not be read as a sweeping chronography of a man. For it actually happens to coincide with the historical fate of a nation that after its modern constitution never stopped dreaming of the glories of its past youth, in a present that was (and is) sweepingly disappointing. But isn’t this return to youth finally a way of compensating for a loss of youth that necessarily results in a losing adulthood? Will Greeks, the eternal children of Plato and Nietzsche, ever learn? How to return without dying, how to remember without wasting time? WE ARE IN THE OPEN MEANING Living the coldest mauve night right across Parthenon I went to take a piss on some foliage and I was enjoying the foliage as it was steaming. (Karouzos, 1993, II, 340) Beyond the historical tragedies of modern Greece and away from any personal disappointments, the relation that this land holds with language and history is mediated through the Greek light—whose omnipresence is the very condition of its transcendence. All historical contradictions from Dionysus to Christ took place under this light; all those disseminated dialects were spoken beneath its warmth. To paraphrase Lévinas,6 light is both the condition of the world and of our withdrawal from it—a withdrawal towards the invisibility of God, of the dead, of meta-physics, resulting from the temptation that all is still here, behind this light the visibility of which they once evaded: “birds, the allurement of God.” (1993, I, 17) Under that luminous sky, if Greeks can do anything at all, it is to envision a return that will never come. All they can do is write poetry—which is doing nothing; other than lending an ear to a disseminated language whispering a unity that cannot be promised, as an adulthood in defeat is ready to recognize. Trying “to trap the invisible in visibility” (1993, II, 483) they forget that they have grown up and one day they die—with the promise of return. Hence an additional meaning must be given to this return to childhood. It does not signal salvation but rather its promise. To the ears of an aged continent it means that the return to/of poetry is a losing game, a return without returns. “Europe, Europe… you are nothing more than the continuation of Barabbas.” (1993, I, 295) *** “Life is not there to verify theories.”7 The records show that Karouzos was finally given a second-class pension from the Greek government, at the time when he was being recognized by the literary press as one of Greece’s major contemporary poets. Being neither a bourgeois nor a nobelist, he proclaimed himself to be an anarcho-communist, unconditionally faithful to the utopia of a classless society. He also drank, heavily. “Capitalism made an animal out of man/ Marxism made an animal out of truth/ Shut up.” (1993, II, 369) Perhaps one of the most scandalous divides of our times has been the one between the living and the dead, the latent prohibition that the living should not be concerned with the dead based on the mere impossibility of the dead to be concerned with the living in the first place. What adds to this scandal is that this divide abuses anything that cannot return to us by subsuming it under the same futility. Hence death is no longer “loss” in the usual sense. It no more refers to the things we lost but to our “loss” (of time, money and well-being) as we insist to dwell on them. Death is a waste —of time. It is this waste that we find in the insouciance of Greek expenditure; the waste in dealing with a language that most of its historical part is no longer spoken (a dead language); the waste in translating a poet who is ex definitio untranslatable; the waste of his vision, his money, his life. The waste of dealing with anything that cannot return and that cannot bring in any returns . But it is also the waste of life that poetry itself presupposes, the waste of dealing with invisibility, with anything that is out of this world and thus invokes the fear of death that is in turn—and surprisingly— nowhere to be found. Instead of death, what is there, beyond the light, is the being without us (to recall the Lévinasian il y a ), the mumble of our own nothingness which constitutes the price to be paid for writing poetry under an evergreek light. To understand this to-and-fro, is to realize that poetry is something out of this world that nevertheless takes place in this world, by virtue of this world. But to ridiculously equate this to-and-fro with death as non-existence, is to exile poetry along with its own possibility from this same old world: I do not believe that poetry will ever disappear from this world. […] But I am also sure that it does not have many chances of playing, as you say, a redemptive role in our vertiginous technological future. Without being endangered as a creative need, it will be placed on the side of history. (2002, 32) It is mainly there that we would like to locate the meaning of Nikos Karouzos’s poetry today. If we are willing to include the Greek original it is because we consider that it will be both a waste of time for us to do so (since most of you cannot read Greek) and because it might induce you to the even larger waste of learning it. We would additionally be glad if this small introduction served as an equally wasteful, academically useless piece of reading, gesturing towards a taboo of investing in anything Greek—that is in anything dead among the living, in anything that will never come back and maybe was never here in the first place. This is the only way to reserve for ourselves the possibility of poetry and preserve the light of its promise. “To return: that is the miracle.” (1993, I, 17) Athens, Greece July 10, 2011 NOTES 1 “ Capitale (a Late Latin word based on caput “head”) emerged in the twelfth to thirteenth centuries in the sense of funds, stock of merchandise, sum of money or money carrying interest.[…] The word and the reality it stood for appear in the sermons of St. Bernardino of Siena (1380-1444) ‘… quamdam seminalem rationem lucrosi quam communiter capitale vocamus ’, ‘that prolific cause of wealth that we commonly call capital’” (Braudel, 1992, 232-233). 2 “A great man – a man whom nature has constructed and invented in the grand style – what is he? First : there is a long logic in all of his activity, hard to survey because of its length, and consequently misleading; he has the ability to extend his will across great stretches of his life and to despise and reject everything petty about him, including even the fairest, ‘divinest’ things in the world.” (Nietzsche, 1968, 505, §962) 3 Cf. Deleuze, 1986, 186-9. 4 “Return is the being of becoming, the unity of multiplicity, the necessity of chance: the being of difference as such or the eternal return.” (Deleuze, 189)5 In this 1982 interview Karouzos refers to the defeat of the communist movement in Greece after the civil war of 1946-1949 between the Governmental Army and the Democratic Army of Greece, the military division of the Greek communist party. Karouzos’s father was a member of the communist National Liberation front (EAM) members of which formed the mainl resistance movement (ELAS) in Greece during WWII. The poet was a member of the United Panhellenic Organization of Youth (EPON), which was a youth division of EAM. After the end of the war, ELAS was called to disarmament in view of the formation of a National Army. The members of EAM resigned from the government of national unity and a series of protests led to a 3 year civil war between ELAS and the Government Army. After the defeat of ELAS the Communist party was outlawed and many communists were exiled in deserted Greek islands. Karouzos, who took action in the Greek resistance and was active during the Greek civil war, was exiled in Icaria on 1947 and in Makronisos on 1953 where he was called two years earlier to do his military service. 6 “Existence in the world qua light, which makes desire possible, is then, in the midst of being, the possibility of detaching oneself from being. To enter into being is to link up with objects; it is in effect a bond that is already tainted with nullity. It is already to escape anonymity. In this world where everything seems to affirm our solidarity with the totality of existence, where we are caught up in the gears of a universal mechanism, our first feeling, our ineradicable illusion, is a feeling or illusion of freedom. To be in the world is this hesitation, this interval in existing, which we have seen in the analyses of fatigue and the present.” (Lévinas, 1988,43-4) 7from a TV interview. THE POETRY OF NIKOS KAROUZOS From Redwriter [ Ερυθρογρ?φος ], in Collected Works, Vol . II, Athens: Ikaros. 1993, 463-4. [Athens: Apopeira, 1990, 9-10.] JESUS ANTI-OEDIPUS* Why were we once saving till the fifth day the Paschal lamb? The scriptures say: with this victim’s meat we ought to cleanse all of our senses. To give life to the whitest wave miraculous odors in the extension of the chest. Ideals to death. For us to witness the illustrious dawns of Absinthe and for the soul to be a deeply carved ornament on the fore we named will. Then many deer running amidst the evergreen growth with watery hymns, then, the unintended angels descending with heights spiraling in their momentum offer themselves to the luminous Adventure. Whence the need for speech and our sufferings covered with flags like the glorified dead. An incorporeal finger pointing at the flamboyant and fragrant holocausts within the tired horizons and the exhausted breadths with joys of the mistletoe on fire and shivering all of the green-leaved love. Something would have chirped again had we not driven it away— maybe the ewe’s grass. Something would have called us to the eternal resurrection— maybe the grace of spring. But now our heart is fiercely blinded, withdrawn to the appearances of Hades. Silence and ice incessantly cover the Infant Spirit in thatched times. While the cherry trees are dreaming faintly glowing in absolute darkness there’s nothing the Babylonians can contemplate in labs with automatic colored lights. How to rejoice now in the fifth day of the lamb? We have forked the stars. We’ve gradually become supposedly sublime with plucked chimeras in our hands. Avenged relentlessly by science. *Though the poem appears in a 1990 collection, it was actually written in 1968. Hence the reader must be aware in not associating Karouzos’ Anti-Oedipus with the famous 1972 work of Deleuze and Guattari, given that the former precedes the latter. ΙΗΣΟΥΣ ΑΝΤΙ-ΟΙΔΙΠΟΥΣ Γιατ? κρατο?σαμε κ?ποτε ?ς την π?μπτη μ?ρα το πασχαλιν? πρ?βατο; Τα κε?μενα λ?νε: μ’ αυτο? του θ?ματος το κρ?ας ?πρεπε να καθαρ?σουμε ?λες τις αισθ?σεις. Για να δ?σουμε κ?μα στη ζω? λευκ?τατο θαυμ?σιες ευωδι?ς στην ?κταση του στ?θους. Ιδανικ? στο χ?ρο. Για να βλ?πουμε τα λαμπρ? χαρ?ματα του ?ψινθου και να ’ναι η ψυχ? στ?λισμα βαθυχ?ρακτο της πλ?ρης που την ε?παμε θ?ληση. Τ?τε πολλ?ς δορκ?δες τρ?χοντας αν?μεσα στην καταπρ?σινη φ?ση με τους υδ?τινους ?μνους, τ?τε, κατεβα?νοντας οι αθ?λητοι ?γγελοι με κυλινδο?μενο το ?ψος στην ορμ? τους χαρ?ζονται της αστραφτερ?ς Περιπ?τειας. ?θεν η μιλι? γι’ αυτ? χρει?ζεται και τα δειν? σκεπ?ζονται ωσ?ν τους τιμημ?νους νεκρο?ς με σημα?ες. Ασ?ματο δ?χτυλο δε?χνει τα φλογ?δη και μοσχοβ?λα ολοκαυτ?ματα στους κουρασμ?νους ορ?ζοντες στα εξουθενωμ?να πλ?τη καθ?ς αν?βουν οι χαρ?ς του νερα?δ?ξυλου και τρ?μει ολ?κληρη η πρασιν?φυλλη αγ?πη. Κ?τι θα κελαηδο?σε π?λι αν δεν το δι?χναμε— μπορε? της προβατ?νας το χορτ?ρι. Κ?τι θα μας καλο?σε στην απ?ραντη αν?σταση— μπορε? του ?αρος η χ?ρη. Μα η καρδι? μας ?γρια τυφλ?θηκε π?ρασε στα φαιν?μενα του ?δη. Σιγ? και π?γος αδι?κοπα σκεπ?ζει στους αχυρ?νιους καιρο?ς το Ν?πιο Πνε?μα. Την ?ρα που ονειρε?ονται οι βυσσινι?ς και λ?μπουν αμυδρ? μεσ’ στο απλ?τατο σκοτ?δι τ?ποτα δε στοχ?ζονται οι βαβυλ?νιοι στα εργαστ?ρια με τ’ αυτ?ματα χρωματιστ? φ?τα. Π?ς να χαρο?με πια την π?μπτη μ?ρα του προβ?του; Φουρκ?σαμε τ’ αστ?ρια. Γ?ναμε σιγ?-σιγ? δ?θεν υπ?ροχοι με μαδημ?νες χ?μαιρες στα χ?ρια. Μας ν?μεται σκληρ? η επιστ?μη. From: Redwriter [Ερυθρογρ?φος], in Collected Works, Vol. II, Athens: Ikaros. 1993, 472. [Athens: Apopeira, 1990, 18.] DIALECTΙCS OF SPRING Christ the straight angle; Christ the Pythagorean theorem. Christ the infinitesimal calculus from above the blessed Sets Christ. Christ the tessellation of massive particles Christ the zero mass. Hence we spray numbers and fields of lust. We are carabineers of diseased logic plus something— Observed means observer and Hekate The darkness luminous and light in the dark Astarte banqueters demons from today. ΔΙΑΛΕΚΤΙΚΗ ΤΟΥ ΕΑΡΟΣ Χριστ?ς η ορθ? γων?α· Χριστ?ς το πυθαγ?ριο θε?ρημα. Χριστ?ς ο απειροστικ?ς λογισμ?ς ?νωθεν ?λβια Χριστ?ς τα Σ?νολα. Χριστ?ς η ψηφιδογραφ?α στα μαζικ? σωμ?τια Χριστ?ς η μ?ζα μηδ?ν. ?ρα ψεκ?ζουμε αριθμο?ς και πεδ?α λαγνε?ας. Ε?μαστε τυφεκιοφ?ροι νοσο?σης λογικ?ς και κ?τι-- παρατηρο?μενο σημα?νει παρατηρητ?ς και Εκ?τη σκ?τος το π?μφωτο και φως εν τ? σκοτ?? η Αστ?ρτη συνδαιτημ?νες δα?μονες απ’ ?ρτι. From: Redwriter [Ερυθρογρ?φος], Athens: Apopeira, 1990, 18. [1993, II, 472]. CREDO (as we are used to say in Latin) Α I believe in one Poet expelled from heavens / fugitive from the god and vagabond, Empedocles / and here on earth / exile on the earth etc. of Baudelaire /. Β I believe in one Computer inside thunder and through matter. Γ Suffering undefiled / substantive / the Poet uplifts himself slow-burning suicidal implying lengthy sleeps. Δ Cutting down on prospective mistakes. Ε Of all things visible and invisible officiating the onion-peelings. Ζ The Poet has nothing / see the departed /. Η I believe in one Poet that says: madness I enjoy; he ridicules existence; let me light up from my mana. Θ Syntax he doesn’t care about when musicality commands him. Along with still more licenses, and Ts are played according to the concept sound anywhere. E.g. the winters here, he winters there; it will not come—I will not rest, etc. etc. Ι The Poet exercises thought until it’s stripped down. Κ And if he’s Greek he must always study the fineness of Attica, in light, mountains, fields and sea. For this fineness teaches language. Λ And if he’s deeply destined the Poet expresses the unexplainable of the explained; he happens to be a rightful heir to the scientist and his predecessor. Μ On the froth he does not last; the Poet blusters at the bottom of the pot. Ν Flamebred and never redeemed. Ξ The Poet must sometimes say: what a consumption of presence — be a bit lonely for a change! Ο The Poet is twilit. Π He is susceptible of deaths and resurrections. Ρ He looks from the corner of his eye and exists in a glance. Σ He follows behind the mother. Τ Eveningless when it comes to age. Υ I believe in one Poet who says: let the purities coincide. Until the Corinth of the Universe or even further. Φ In a higher despair. Χ In a brighter quintessence. Ψ In one sensation that lifts off. Ω Forgiving everyone. CREDO (ως ε?θισται να λ?με λατινιστ?) Α Πιστε?ω εις ?να Ποιητ?ν εκτ?ς ουρανο? / φυγ?ς θε?θεν και αλ?της, Εμπεδοκλ?ς / και επ? της γης / εξ?ριστος π?νω στη γη κ.λπ. του Βωδελα?ρου /. Β Πιστε?ω εις ?να Υπολογιστ?ν εντ?ς κεραυνο? και δια της ?λης. Γ Υποφ?ροντας ?χραντα / ουσιαστικ?ν / ο Ποιητ?ς ανατε?νεται βραδυφλεγ?ς αυτ?χειρας εξυπακο?οντας πολ?ωρους ?πνους. Δ Τα υποψ?φια λ?θη λιγοστε?οντας. Ε Ορατ?ν τε π?ντων και αορ?των ιερουργ?ντας την αποκρομμ?ωση. Ζ Ο Ποιτ?ς ?χει τ?ποτα / βλ?πε τους αναχωρ?σαντες /. Η Πιστε?ω εις ?να Ποιητ?ν που λ?ει: η τρ?λα μ’ αρ?σει· γελοιοποιε? την ?παρξη· ας αν?ψω απ’ τη μ?να μου. Θ Συνταχτικ? δεν το γνοι?ζεται στην προσταγ? της μουσικ?τητας. Μαζ? και μ’ ?λλες ακ?μη λευτερι?ς, και τα νυ πα?ζονται κατ? την ?ννοια ?χος οπουδ?ποτε. Π.χ. τον χειμ?να εδ?, το χειμ?να εκε?· δε θ? ’ρθει – δεν θα καταλαγι?σουμε, κ. λπ. κ.λπ. Ι Ο Ποιητ?ς γυμν?ζει τη σκ?ψη σε απογ?μνωση. Κ Κι αν ε?ναι ?λληνας οφε?λει να σπουδ?ζει π?ντοτε της Αττικ?ς τη λεπτ?τητα, σε φως, βουν?, χωρ?φια και θ?λασσα. Διδ?σκει γλ?σσα η λεπτ?τητα το?τη. Λ Κι αν ε?ναι βαθι? πεπρωμ?νος ο Ποιητ?ς εκφρ?ζει το ανεξ?γητο του εξηγητο?· τυγχ?νει ν?μιμος δι?δοχος του επιστ?μονα και προκ?τοχ?ς του. Μ Στον αφρ? δεν ?χει δι?ρκεια· στο πατοκ?ζανο μα?νεται ο Ποιητ?ς. Ν Φλογοδ?αιτος και ποτ? ξελυτρωμ?νος. Ξ Ο Ποιητ?ς κ?ποτε πρ?πει να λ?ει: μεγ?λη καταν?λωση παρουσ?ας – γενε?τε και λ?γο μοναξι?ρηδες! Ο Ο Ποιητ?ς ε?ναι αμφ?φλοξ. Π Επιδ?χεται θαν?τους και αναστ?σεις. Ρ Ακροθωρ?ζει και υπ?ρχει σε ξαφνοκο?ταγμα. Σ Ε?ναι ουραγ?ς της μητ?ρας. Τ Αν?σπερος απ? ηλικ?α. Υ Πιστε?ω εις ?να Ποιητ?ν που λ?ει: να συμπ?σουν οι αγν?τητες. Μ?χρι την Κ?ρινθο του Σ?μπαντος ? μακρ?τερα. Φ Σε αν?τερη απελπισ?α. Χ Σε φαειν?τερη πεμπτουσ?α. Ψ Σε μια α?σθηση που πτηνο?ται. Ω Συγχωρ?ντας τους π?ντες. From Large Sized Logic [ Λογικ? μεγ?λου σχ?ματος ], Athens: Erato, 1989, n.p. [1993, II, 521-3]. (shrink)

Boran Berčić, in the second volume of his recent book "Filozofija" , offers two responses to David Chalmers’s conceivability or modal argument against physicalism. This latter argument aims at showing that zombies, our physical duplicates who lack consciousness, are metaphysically possible, given that they are conceivable. Berčić’s first response is based on the principle of the uniformity of nature that states that causes of a certain type will always cause effects of the same type. His second response (...) is based on the assumption that the basic statements of physicalism in philosophy of mind are or should be contingently true. I argue that if Berčić’s first defence is aimed at the conceivability of zombies, it is unsatisfactory. Moreover, I argue that a quite similar argument, offered by John Perry in his book "Knowledge, Possibility and Consciousness" , is afflicted by a similar problem. Nevertheless, under a more plausible interpretation, Berčić’s argument might be taken to attack the metaphysical possibility of zombies. This version of the argument might be effective and has the merit to point out a so far overlooked link between the discussion of the Chalmers’s conceivability arguments against physicalism and the modal strength of causal links and natural laws. Then, I argue that Berčić’s second defence of physicalism, which cannot be combined consistently with his first one, in any case, should not be formulated in the terms of contingent physicalism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Ethics & the Enviornment 6.2 (2001) 114-118 [Access article in PDF] Book Review Child versus Childmaker: Future Persons and Present Duties in Ethics and the Law Child versus Childmaker: Future Persons and Present Duties in Ethics and the Law. Melinda A. Roberts. Lanham, Md.: Rowman & Littlefield, 1998. Pp. 235. ISBN 0-8476-8901-8 (Paperback) This book will provide the reader with a systematic examination of some of the most difficult (...) philosophical issues involved in procreation, and most notably those raised by wrongful life claims and the non-identity problem. Can an action without which a given child would not even exist be simultaneously said to harm this very child? This is the key question addressed in this book. It is relevant not only to bioethicists, but also to those concerned with the possibility of harming members of future generations in general. The author proceeds with remarkable clarity in three steps. First, she unveils the core intuition and unfolds the key implications of what is standardly referred to as the person-affecting view. Second, she focuses on the now famous non-identity problem that is supposed to raise a serious challenge to the plausibility of the person-affecting view. Third, wrongful life and human cloning are taken as illustrations of the problem.The starting point is thus the person-affecting or personalist view. The author argues that what is at stake in such a view is not only a concern for [End Page 114] persons (as opposed to plants or stones), but also for definite persons. The core intuition that "what is bad must be bad for someone" (Derek Parfit) implies a comparison between two states of the same person. As she puts it, "the pairwise comparisons of worlds appealed to within personalism are always in respect of particular people" (6). This does not necessarily imply consequentialism, contrary to what Roberts claims (e.g., 1), at least if we understand the latter, for example, as Philip Pettit does. 1 Moreover, one may very well argue that what is at the heart of the person-affecting intuition is a sense that an action needs to be assessed on the basis of its effect on persons, which would not necessarily imply that such effects require a comparison between two states of the same person. Nevertheless, the extent to which a person-affecting conception--as defined by Roberts--will be in trouble depends on the extent to which comparisons between the same person's states cannot operate. This is precisely where to introduce the idea of a non-identity context, that is, a situation in which not committing an allegedly harmful act would or could also have meant the nonexistence of the allegedly harmed person. For example, had a medical doctor not committed this preconceptional diagnostic mistake (or a father taken a slower or faster means of transportation to come back home), this child would or could not have existed. Can we thus say that the practitioner harmed the child who turned out to be heavily handicapped due, for example, to a genetically transmissible disease (or that the father harmed his child by leaving him with a very polluted environment due to his use of big cars as a means of transportation)?One key feature of Roberts's approach is that she restricts the scope of the non-identity problem to cases where not committing the allegedly harmful action would have made it impossible for this child to have existed ("two-alternative" cases) (26, 319, 325). This entails that whenever this very child could still have come to existence in the allegedly harmful action's absence, whatever the likelihood of such a coming to existence, we would fall outside a non-identity context ("three-alternative" cases) (27; 94-95). What matters to Roberts is whether or not the same child could have been born better than he is, not whether he would, as a matter of fact, have been born at all. The consequence is that in cases where the same child could have been born, say, unhandicapped, the author remains... (shrink)

We present here a cosmological myth, alternative to "the Universe Story" and "the Epic of Evolution", highlighting the roles of entropy and dissipative structures in the universe inaugurated by the Big Bang. Our myth offers answers these questions: Where are we? What are we? Why are we here? What are we to do? It also offers answers to a set of "why" questions: Why is there anything at all? and Why are there so many kinds of systems? - the answers (...) coming from cosmology and physics ; Why do systems not last once they exist? - the answer coming from a materialist interpretation of information theory; and, Why are systems just the way they are and not otherwise? - the answer coming from evolutionary biology. We take into account the four kinds of causation designated by Aristotle as efficient, final, and material formal, with the Second Law of thermodynamics in the role of final cause. Conceptual problems concerning reductionism, "teleology", and the choice/chance distinction are dealt with in the framework of specification hierarchy, and the moral implications of our story explored in the conclusion. (shrink)

This article focuses on violence against women as a barrier to the realisation of women's civil, political, economic, social, cultural and developmental rights, as well as the consequences of this for the effective exercise of citizenship. The value of adopting a citizenship lens, identifying the nexus between violence against women and human rights, and adopting an approach that acknowledges the multiplicity, intersectionality and continuity of violence across the public and private spheres serves to assist in identifying and providing an analysis (...) of the continuing challenges in the quest to eliminate violence against women. Owing to the scarcity of literature that explicitly highlights the link between human rights, citizenship and violence against women, the current analysis highlights some of the existing literature on a situated understanding of citizenship through a women's human rights lens, while the discussion on violence against women as a barrier to realising all human rights that enable the exercise of effective citizenship is largely underpinned by the work of the mandate of the Special Rapporteur on Violence against Women, its Causes and Consequences. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Causation, Extrinsic Relations, and Hume's Second Thoughts about Personal Identity Louis E. Loeb According to the account offered in Treatise 1.4.6, "Of personal identity," the identity of a mind over time consists in a sequence of perceptions related by causation. In both ofHume's two definitions of cause, causation is an external or extrinsic relation. Hume is explicit that this result is tolerable. If causation is an extrinsic (...) relation, and personal identity is analysed in terms of causation, then personal identity is an extrinsic relation. I suggest that Hume finds this consequence intolerable, and that his finding it so is the source ofhis famous misgivings in the appendix in regard to his section on personal identity.1 In the appendix, Humeindicates that "there wou'dbe no difficulty" in regard to his section concerning personal identity, if the mind perceived some "real connexion" among perceptions.2 In book 1, however, Hume maintains that causation does not involve a real connection, and that personal identity depends on causation; and he seems content with the result that personal identity does not involve a real connection. At 1.3.14, "Ofthe idea ofnecessary connexion," Hume insists that there is no "real connexion" between causes and effects and, more generally, that there is no "real intelligible connexion" between external objects (T 168; cf. T 103). At T 169-70, he offers two ("exact") definitions of the relation of cause and effect. Hume thinks there are causes and effects, even though there are no real connections. At 1.4.6, Hume writes that whether or not the relation ofpersonal identity is a "real bond" or "real connection" among perceptions is a "question we might easily decide, ifwe wou'd recollect whathas been already pro^d at large, that the understanding never observes any real connexion among objects, and that even the union of cause and effect, when strictly examin'd, resolves itselfinto a customary association ofideas" (T 259-60). A mere three paragraphs later, Hume writes that "the true idea of the human mind, is to consider it as a system of different perceptions or different existences, which are link'd together by the relation ofcause and effect, and mutually produce, destroy, influence, and modify each other" (T 261). So Hume's view, at 1.4.6, is that personal identity requires causation, but does not require a real connection. It is curious that in the appendix Hume takes the claim Volume XVIII Number 2 219 LOUIS E. LOEB thatthereis noreal connectionbetween perceptions toruinhis account of personal identity, whereas in book 1 he treats this result with equanimity. Thispuzzlecan begeneralized somewhat. Hume observesin 1.3.14 that "the terms of efficacy, agency, power, force, energy, necessity, connexion, andproductive quality, are all nearly synonimous" (T 157). His principal negative claim in that sectionis that(takingefficacy, and the other nearly synonymous concepts, to require something in objects over and above constant conjunction) there is no efficacy, necessity, or connection in causation. Hume targets a number of the nearly synonymous notions not only in 1.3.14, but also at T 246-51 of 1.4.5, and T 632-33 ofthe appendix. In the discussion ofpersonal identity in the appendix, Hume seems to be in search of the sort of bond or connection that he has forcefully rejected, as if he has a lingering commitment to real connections, or to necessity, despite himself. From this perspective, his misgivings easily appear to constitute a retrogression, orlapse, into amode ofthought, or metaphysical picture, that he has taken pains to reject. This is not an attractive explanation ofHume's misgivings. It has the consequence that Hume simply changes his mind, or is of two minds, inregard to therole ofreal connections in an account ofpersonal identity. Although I do not think these possibilities are to be dismissed outofhand, much oftheir support would have to derive from the failure of alternative accounts of what is bothering Hume. At the same time, a solution ought in some way to relate to Hume's thinking about real connections. Hume does write in the appendix, In short there are two principles, which I cannot render consistent; nor is it in my power to... (shrink)

The existence of superstition and religious beliefs in most, if not all, human societies is puzzling for behavioral ecology. These phenomena bring about various fitness costs ranging from burial objects to celibacy, and these costs are not outweighed by any obvious benefits. In an attempt to resolve this problem, we present a verbal model describing how humans and other organisms learn from the observation of coincidence (associative learning). As in statistical analysis, learning organisms need rules to distinguish between real (...) patterns and randomness. These rules, which we argue are equivalent to setting the level of α for rejection of the null hypothesis in statistics, are governed by risk management as well as by comparison to previous experiences. Risk management means that the cost of a possible type I error (superstition) has to be traded off against the cost of a possible type II error (ignorance). This trade-off implies that the occurrence of superstitious beliefs is an inevitable consequence of an organism’s ability to learn from observation of coincidence. Comparison with previous experiences (as in Bayesian statistics) improves the chances of making the right decision. While this Bayesian approach is found in most learning organisms, humans have evolved a unique ability to judge from experiences whether a candidate subject has the power to mechanistically cause the observed effect. Such “strong” causal thinking evolved because it allowed humans to understand and manipulate their environment. Strong causal thinking, however, involves the generation of hypotheses about underlying mechanisms (i.e., beliefs). Assuming that natural selection has favored individuals that learn quicker and more successfully than others owing to (1) active search to detect patterns and (2) the desire to explain these patterns mechanistically, we suggest that superstition has evolved as a by-product of the first, and that belief has evolved as a by-product of the second. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Clarifying the Relationship Between Vice and Mental Disorder: Vice as Manifestation of a Psychological DysfunctionMichael B. First (bio)KeywordsDSM-IV, psychiatric diagnosis, impulse control disorders, sexually violent predator commitmentIndividuals generally present for psychiatric evaluation for one of two reasons: either because they themselves are suffering from a psychiatric symptom that causes distress (e.g., severe panic) or impairs their ability to function effectively (e.g., memory loss), or else they are brought to (...) clinical attention because their behavior or attitudes are considered by others to be problematic. There are a wide range of behaviors that fall into this second category. In some cases, the individual is pressured to seek treatment because of the negative impact that a behavior has on a relationship partner (e.g., sexual dysfunction, anger outbursts) or an employer (e.g., excessive alcohol use). Often, however, the external trigger for a clinical evaluation falls under Sadler’s definition of vice, that is, criminal (illegal) behaviors or attitudes that could be considered “wrongful” or “immoral” in the social arena because the behavior violates the law or an important social more.Given that one of the most important goals of the Diagnostic and Statistical Manual of Mental Disorders (DSM) is to facilitate clinical practice (First et al. 2004) and in doing so provide a diagnostic code to cover any patient that might present himself or herself to a mental health professional, the DSM has evolved over its various editions to become a veritable laundry list of psychological and behavioral ills, some of which may constitute a violation of the rights of others or society. The DSM-III (and its successors) have adopted a descriptive approach wherein disorders are defined in terms of their presenting surface symptomatology, which was necessitated by the field’s lack of knowledge about the underlying etiology of mental disorders. Given this reliance on presenting symptoms, it is therefore inevitable that some disorders are defined in terms of behaviors that can be considered vices. For example, impaired impulse [End Page 35] control often leads to acting out behavior that, at its mildest is inappropriate, and at its most severe is destructive to self and others. Many of the disorders cited by Sadler as being vice-laden fall into this category, namely, pyromania (failure to resist impulses to set fires), kleptomania (failure to resist impulses to steal), intermittent explosive disorder (failure to resist aggressive impulses), certain forms of substance abuse (i.e., those involving possession and use of illegal substances) and paraphilias (i.e., those involving nonconsenting victims).It is important to clarify from the outset that the criteria for determining whether a behavior is a “vice” (i.e., whether it is illegal or immoral) is not equivalent to the criteria for determining whether a behavior is indicative of a mental disorder. According to the DSM-IV-TR definition, a mental disorder is conceptualized as a “clinically significant behavioral or psychological syndrome or pattern that occurs in an individual and that is associated with present distress (e.g., a painful symptom) or disability (i.e., impairment in one or more important areas of functioning) or with a significantly increased risk of suffering death, pain, disability, or an important loss of freedom” (American Psychiatric Association [APA] 2000, xxxi). The definition warns against considering “deviant behavior[s] (e.g., political, religious, or sexual)” and “conflicts that are primarily between the individual and society” to be evidence of mental disorder except in those cases in which the “deviance or conflict is a symptom of a dysfunction in the individual.” Thus, when considering whether a particular “vice” behavior is a component of a mental disorder, it is crucial to determine whether the behavior is a manifestation of an underlying psychological dysfunction, such as a dysfunction in impulse control. If so, it may potentially be appropriate for that individual to be treated as “medically ill” in addition to, or instead of, being treated simply as a criminal.Let us examine some illustrative examples of cases that demonstrate the relationship between vice and mental disorders and the different ways in which the legal and mental health systems might deal with such cases. Consider the case of an individual who breaks... (shrink)

The article examines of the role of the institution of education in ensuring the value-normative component of the life of modern society. In this regard, the situation of the contemporary global world is analyzed, which is characterized by a powerful trend of devaluation of values. The global crisis of normativity manifests itself in several main dimensions. First, the destruction of the role of the authority of the proper as a determining factor in human life. Second, the loss of effectiveness (...) of the universal socio-cultural project of modernity. In contrast to it, the particularism of local cultural paradigms is asserted (the principle of irrefutability of value-cultural differences). Third, the growing role of violence in the world, which reveals the absence of an effective international legal order and the existence of international relations in a shaky and dangerous balance of power regime. To a large extent, the crisis of normativity is associated with the impossibility of the existence of planetary humanity as a real (i.e., based on unified value principles) community. At the same time, without certain regulations regarding interactions in the global world, the existence of planetary humanity and, even more so, the prospect of its development will become impossible. This gives rise to the need for a new, essentially different normativity. It should be based on the negative principle of restraints and allows for the implementation of the principle of global coexistence “together, but not united”. A new ethic of restraints is substantiated, in particular through the evolution of three paradigms of normativity. Its essential feature is the transformation of intersubjectivity into a moral imperative. The results of the analysis of the value state of the global world are extrapolated to the Ukrainian situation. The need for a systematic, purposeful humanitarian policy in the conditions of destruction and victims caused by the war is argued. The main vocation of humanitarian policy is the restoration of the human potential of Ukrainian society and the value orientations of its development. The mission of education in solving this important social task is substantiated. In order for this mission to succeed, profound transformations of the existing system of organizing education, in particular higher education, are necessary. The direction of these transformations should be a review of the role of the state in the field of education (transition from the regime of management and regulations to a productive educational policy promoting the development of educational institutions). (shrink)

The purpose of this article was to comprehensively explore the phenomenon of the narrative of the Decalogue in its fundamental principles in the context of the theological understanding of Jewish law. For this purpose abstract-logical methods, historical-legal, phenomenological, axiological, epistemological methods, method of critical and systematic analysis and method of comparative theology were used. The result is a theological understanding of the basic moral and legal principles and reducing to a single, systematic; a study of the correlation between the normative (...) and the moral side of such a narrative was conducted. Of particular importance is the establishment and isolation of the basic initial principle in the defined context that underlies both Sinai law and all the biblical law. Because with the change of historical realities, which coincided with the destruction of the Temple and the termination of sacrifices, the law has also changed. However, the biblical law was of particular ideological importance, it set the tone and revealed and formed the basic principles for the further development of all Jewish law. Therefore, in our study we have drawn attention to the main ideological features of the biblical laws, because in our opinion, the basic formative essence is hidden in them and only by understanding it − will we be able to understand Jewish law itself. However, the phenomenon of law and even more so of Jewish law, is one of the best regulators and exponents of the educational principle that is designed to raise a person in love. Of course, morality is called for it and it should take precedence over everything else, but the legal part should not be ignored. Law should serve as a socially just, integrative, fundamental, binding, most effective, most respected regulator. Therefore, the problem of combining legal principles and moral precepts for biblical law did not stand basically. The significant part of the adopted legal norms initially was characterized by moral prescriptions, confirmed and expressed by law. Such a transition, the shift from morality to law, and the close relationship between them are one inseparable whole. And apart from Halacha, which was responsible for the legal aspect, there were also the writings of the prophets whose task was to illuminate the transition from law to morality, because precisely morality is the essence of everything. Here is the true meaning of the existence of a legal expression of such an educational principle. Thus, the basic educational principle of the Decalogue, in particular, and of biblical law in general, was to educate a high-moral person who had restrictive precepts that would not allow him to fall into lawlessness, and the formative commandments that would allow a person to be educated in the search for God, and to stabilize himself in the godlike state commanded by God through Moses. That is the essence of the Decalogue and Jewish law. The educational principle, both basic and effective, though not so familiar to the modern understanding of the nature of law, is precisely the principle that laid down both the basis of the Decalogue and the foundation of all Jewish law at least in its biblical part. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:CAUSALITY AND GENERALITY IN THE TREATISE AND THE TRACTATUS In the Tractatus Wittgenstein cryptically rejects the existence of a causal connection (or relation or nexus) : 5.135There is no possible way of making an inference from the existence of one situation to the existence of another, entirely different situation. 5.136There is no causal nexus to justify such an inference. 5.1361 We cannot infer the events of (...) the future from those of the present. Belief stition. Belief in the causal nexus is super1 And he later proceeds to add: 6.37 There is no compulsion making one thing happen because another has happened. The only necessity that exists is logical necessity. What he is claiming can be understood in terms of the "Logical Atomism* of the Tractatus. Atomic sentences, composed of a monadic predicate or a relational predicate and a suitable number of subject terms, represent situations or possible facts. The existence of a represented situation is the ground of truth for (or condition for the truth of or explanation of the truth of) the representing atomic sentence. We can consider 2 such atomic situations or atomic facts to be composed of a monadic property or relational property and an appropriate number of particulars. (This is a matter of some debate among interpreters of the Tractatus, but that issue does not really affect the question at issue in this paper. So, I will simply treat the view in the Tractatus along the lines of Russell's more explicit version of logical atomism in his lectures of 1918.) The world, according to Wittgenstein, is made up of such facts. This is the point of: 1.11The world is the totality of facts, not of things. 1.12The facts in logical space are the world. 1.13The world divides into facts. Consider, then, the claim that a's being F is the cause of its being G. This suggests that we construe causality in terms of a relation between the situations represented by 'Fa' and 'Ga'. With 1C representing a relation or nexus of causality, we could express that situation by: (1)C(Fa, Ga). The existence of the situation represented by (1) would then ground or explain the truth of (1). But that would mean that we recognize a relation of causality and causal relations between facts or situations. I cannot here argue, but will simply assert, that Wittgenstein's logical atomism in the Tractatus is incompatible with the recognition of relations between facts. However, one point that will be relevant to the concerns of this paper is easy to see. Logical atomism involves the claim — 1.21 Each item can be the case or not the case while everything else remains the same. This is not compatible with the recognition of the relation C and a fact grounding the truth of (1), for then Fo and Ga would not be items that were "independent" in the sense of 1.21. Hence, one who holds Wittgenstein's views about the independence of atomic facts cannot recognize causal relations between such facts. Thus, no fact is represented by (1) and C cannot relate atomic facts. The same results would hold if one suggested, in place of (1), that there was a fact corresponding to (2)(X)(Fx * Gx), where we read the arrow as the "causal" arrow — anything's being F causes it to be G. For, if there were a fact corresponding to (2), it would guarantee the link between the purported atomic facts Fa and Ga, since (3)Fa + Ga would be a logical consequence of (2), and we are back to a case like (1), with the arrow replacing 'C. (2) would also be problematic in that it would be some sort of "general" fact, which Wittgenstein also rejects. Thus, as Wittgenstein sees it there is no basis in the world for the explanation of causal statements. If the sentence (4)' (x) (Fx O Gx) ' is a statement of causal law is true, it is so simply because the list of atomic facts will contain the atomic sentence 'Ga' if it contains 'Fa'. That is, (4) is true, not because of any special fact corresponding to (5)(X... (shrink)