This article aims to expound the principle of justice, as a fundamental value and as an immanent category of law, as well as one of the fundamental human rights, prescribed and guaranteed by a myriad of international instruments and documents. After a brief historical account, by focusing on Article 40 of the Magna Carta Libertatum, which states that: “To No One Will we Sell, To No One Will we refuse or delay, right or justice”, this article claims to show the (...) importance of incorporation of this principle in the provisions of the Magna Carta and its impact on the development of theory and legislation in the past and present. Moreover, the article intends to explore the extent of influence that the priciple of justice has on the functioning of the law in general. Since justice implicates the permanent and constant will to render each person his due, and this achieved through equality, it results that justice means being equal. In this context, the article will explore the concept of equality as a precondition of justice, as well as the conditions and modalities for its implementation. Having in mind that the principle of justice is closely linked to the principle of equity, because equity precedes justice, or more precisely, equity is considered a source of justice, this article seeks to articulate the essential distinctions between these two concepts by focusing on their methods, i.e. in their approach for putting the idea of equality into action. (shrink)

The Fatwā-house, which was within the body of Meshihat in the Ottoman Empire, gave answers to the questions posed to it by focusing on the Hanafi sect and the preferred fatwās of this sect for centuries. These questions and answers were also duly recorded. In this study, based on The Record for the Legal Responses of the Supreme Fatwā Office, which is registered at records numbered 378 in the Meshihat Archive of the Istanbul Mufti, one of the records containing the (...) answers given by the institution. It is an attempt to create an imagination about the scope and sphere of influence of the fatwā activity in the last period of the Ottoman Empire. Accordingly, in the last thirteen years of the state, Fatwā-house has been the addressee of questions from individuals, state and private institution directors, societies, ministries and the Grand Vizier. While some of these questions came from the provinces within the Ottoman borders or from the countries that had an administrative ties with the Ottoman Empire, some of them were submitted to the Fatwā-house by the Muslims of other states from the lost lands or simply because the caliphate center was the official fatwā organ. At the records, there is also a record of the questions coming from muslims who are Ottoman citizens but residing in other countries. Looking at the subjects, it was determined that most of the questions were asked about foundations. In addition, the permissibility of obtaining interest by bank facility or depositing money in the bank, the establishment of modern schools and whether the ways to create resources for these schools are permissible, whether teaching in Latin letters is possible, the provision of life insurance, the importance of cleanliness in the fight against cholera, the fight against innovations (bidʻas) in mosques. It is seen that questions on different issues, from issues such as whether the wife of the lost (mafqud) can be separated by the judge or not; to the issues of whether the fulfillment of judgment can be regarded as the end of the judgment or not. As it is mentioned in some fatwā records at the record book, it is obligatory to decide on fatwā and its fulfillment in the Ottoman Empire with the most authentic and preferred view of the Hanafi sect. The last two fatwā questions mentioned above are handled as examples of giving up the act with the will of the head of state, with the preferred fatwâs discussed in this article. It is only possible with the will of the head of state to make a decision with an opinion other than preferred fatwâ or an other opinion out of the sect. According to the first example, some of those of the citizens of other states outside the Ottoman Empire came to the Ottoman lands for reasons like trade etc. and married to Muslim women there and then left them suffering. This was also true for the wives of men who went to wars and did not return. Although the drawbacks of the Hanafi sect's preferred view, that one should wait until the age of ninety, one hundred, one hundred and twenty, or until the death of their peers, were resolved by appointing a regent from other sects, continuity could not be ensured in this practice either, finding people has not always been possible. For this reason, in the time of Shaykh al-Islam Hayri Efendi, a statement of change was prepared and submitted to the will of the sultan. In the issue of whether the signature of the head of state can be counted as the end of the judgment, another subject in which the will of the head of state is applied, the stages of abandoning the preferred view can be followed much more clearly. In the case of the dismissal of the judge or the expiration of the term of office before the execution of the judgment, especially in the distant provinces of the state, in the case of the judge's dismissal or the expiration of his term, according to the preferred view of the sect, which was based on juristic discretion, the closure of the cases took many years. It is seen that the judgment reached by analogy was submitted to the will of the sultan, with an article added to the script regarding the prepared procedure of reasoning, although there is no preferred view since it is the most suitable opinion for the interests of the people and the necessities of the century due to the increase in complaints. Effective from the time it was approved by the head of state, the execution of the sentence is no longer a requirement for the trial to be completed. The changes in the provisions of these matters also show that, although it was important for the Ottoman State to comply with the preferred view of the Hanafi sect - as in the previous Shaykh al-Islams' fatwās in the form of ma'ruzat - it was considered more necessary to look after the interests of the Muslims and different opinions were enacted and put into practice. (shrink)

Kuşak kavramı toplumun aynı zaman diliminde meydana getirdiği akran grubu olarak tanımlanmaktadır. Kuşak ayrımı konusunda yapılan çalışmalar, Z kuşağını 1995 ve sonrası doğanlar olarak belirlemektedir. Bilinçli farkındalık burada ve şimdi olana yargısız şekilde dikkatini vermek ve deneyimi olduğu gibi kabul etmektir. Yaşamın anlamı ise bireyin varoluşunun anlamı ve bir anlama yönelik arayışı olarak tanımlanmaktadır. Mâneviyat, bireyin yaşamı boyunca kutsalıanlamanın ve kutsal ile ilişki kurmanın yeni yollarını keşfettiği ruhsal bir arayış sürecidir. Teknoloji nesli olan Z kuşağında pek çok olumlu psikolojik değişken (...) ile ilişki olan yaşamda anlam bilinçli farkındalık ve mânevî kaynaklar arasındaki ilişkinin incelenmesi araştırmanın amacını oluşturmaktadır. Araştırmanın katılımcıları Akdeniz Üniversitesinde öğrenim gören bireylerden tesadüfi yöntemle seçilen 500 öğrencidir. Araştırmada bilinçli farkındalık düzeyini ölçmek üzere Brown ve Ryan tarafından geliştirilen, Özyeşil, Arslan, Kesici ve Deniz tarafından Türkçeye uyarlanan Bilinçli Farkındalık Ölçeği kullanılmıştır. Yaşamın anlamı değişkeni için ise Steger ve arkadaşları tarafından geliştirilen, Yarar tarafından Türkçeye uyarlanan Yaşamın Anlamı Ölçeği tercih edilmiştir. Son olarak mânevî kaynaklar değişkeni için Westbrook ve arkadaşları tarafından geliştirilen, Ekşi ve arkadaşları tarafından Türkçeye uyarlanan Mânevî Kaynaklar Ölçeğinden yararlanılmıştır. Verilerin istatistiksel analizi SPSS 26 ile yapılmıştır. Araştırma bulgularına göre bilinçli farkındalık, yaşamın anlamı ve mânevî kaynaklar arasında pozitif yönde anlamlı ilişki bulunmuştur. (shrink)

The aim of this paper is to analyze the protection offered to parties, participants and third parties during enforcement, as one of the most important requirements of the enforcement procedure. Having in mind that bailiffs except for implementing enforcement, they are also competent to determine the means by which creditors’ claims will be fulfilled. The realization of the creditors’ claims does not mean use of any kind of measure or enforcement procedural activity. In this context the authors review ways in (...) which debtors and their family members can be protected during enforcement actions, such as measures of exclusion and restriction of enforcement on the debtor’s items and income. Furthermore, the authors elaborate other legal and important ways for protection of parties, participants and third parties, such as opposition to illegality and complaints provided by the Law on Enforcement. In this regard, results of this research have shown that the RNM is making efforts to create a more effective enforcement system, which includes guarantees not only for the protection of the creditor and the debtor as a party, but also for the participants and third parties. From the enforcement experiences of citizens were reported dissatisfaction and complaints of citizens regarding the performance of bailiffs, namely taking the necessary means of subsistence form them. To avoid this situation Amendments on the Law on Enforcement in 2020 were brought, so the legal framework was clarified in terms of measures for exclusion and restriction of enforcement. This resulted in the prevention of economic damage of debtors and their family, because now no action can be taken if the debtor has an average salary or pension. Extraordinary legal remedies in enforcement proceeding are excluded, but there are other safeguards that are related to enforcement process but are not regulated by the Law on Enforcement. (shrink)

This paper applies the account developed by Susanna Siegel in The Rationality of Perception to aesthetic cases and explores the implications of such an account for aesthetic engagement as well as curatorial and exhibitionary practices. It argues that one’s prior outlook – expertise, beliefs, desires, fears, preferences, attitudes – can have both aesthetically good and bad influences on perceptual experiences, just as it can have both epistemically good and bad influences. Analysing these bad influences in cases of ‘hijacked’ aesthetic perception (...) will reveal that, unless we recognize that our perception of high-level and low-level aesthetically relevant properties is norm-governed, we will be at a loss to explain what goes wrong in these cases. Just as perception can be rational or irrational, so too can it be apt or inapt. (shrink)

Two dominant interpretations of Kant's notion of adherent beauty, the conjunctive view and the incorporation view, provide an account of how to form informed aesthetic assessments concerning artworks. According to both accounts, judgments of perfection play a crucial role in making informed, although impure, judgments of taste. These accounts only examine aesthetic responses to objects that meet or fail to meet the expectations we have regarding what they ought to be. I demonstrate that Kant's works of genius do not fall (...) within either of these categories. The distinguishing features of these works, namely, originality and exemplarity, become unrecognizable on these interpretations because originality and exemplarity lie in the work's ability to exceed one's expectations concerning its form and content. They contribute to artistic beauty through alternative transformation methods distinct from that of abstraction, namely, concept expansion and repudiation. These additional accounts of transformation lead to a rather surprising outcome: works of genius turn out to be paradigm cases where one can and indeed ought to form informed pure judgments of taste. (shrink)

The article aims to analyze the legal norms that regulate the protection of the property right in the legal system of the Republic of Macedonia. In most cases, the protection of property right is realized through suits; however, our legal system provides for the possibility that the protection of property right can also be realized through the registration of immovable property rights in the respective Public Registries. Given the fact that in the Republic of North Macedonia the normative regulation of (...) property suits is not contained in a single normative act, but rather extends to several such acts, the article, based on the practice of the high courts, seeks to analyze the legal cases related to property rights that qualify as rights similar to property rights, but which enjoy legal protection provided by law. The article will mainly elaborate on the basic provisions on property protection suits contained in the Law on Ownership and other Real Rights (2001). However, in this context, the provisions on property protection that are contained in the Law on Real Estate Cadastre (2008), the Law on Contentious Procedure (2005), the Law on Securing of Claims (2007), the Law on Construction Land (2008), etc., will also be taken into consideration. (shrink)

The aim of this study is to explore the role and the importance of the notary service in the process of dejudicialization of the judicial-civil protection. In this context, this paper first of all attempts to examine the extent to which the issues from the traditional competence of the court have been transferred to notary publics and the possibilities of further extension of this transfer. The judicial framework for the transfer of these issues from the court competences to that of (...) notary publics has been decided by the Law on Non-Litigious Procedure. In supporting this law, the notary publics undertook the realization of a series of activities in this field, namely in the field of inheritance. In this respect, the idea of this paper was to try to identify other judicial issues that could perhaps be entrusted to the notary publics in the future, by carrying out a judicial-political assessment of the public interest to transfer the resolution of certain issues to notary publics′ competences with the aim of facilitating the judicial circulation and increasing judicial security. (shrink)

This research article analyzes the right of disposal of marital property in relation to the undertaking of those legal actions that imply the highest authorizations that legal subjects can have over things. Having in consideration the fact that according to the legislation in the Republic of Macedonia, marital property is joint as are the authorizations of spouses over their joint items, it is important to determine the extent of the disposal, i.e. who disposes of the items of the joint property (...) and to what extent. Referring to the normative framework, which regulates disposal relations of spouses, the article emphasizes the concept and importance of the authorization of disposal of things, through legal activities. In this context, the article tends to draw a divisive line between the administration with the joint item, referring to continuative actions and measures and the disposal of the thing, which is not continuative but, due to legal consequences it causes, has great importance in practice, and as a result, enjoys greater attention in legislators in terms of its limitation compared to the acts of administration with joint items in marriage. (shrink)

The topic of imaginative resistance attracted considerable philosophical attention in recent years. Yet, with a few exceptions, no historical investigation of the phenomenon has been carried out. This paper amends this gap in the literature by constructing a Humean and a Kantian explanation. The main contributions of this historical analysis to this debate are to make room for emotions in explanations of resistance reactions and to upset the polarization between rival accounts by suggesting that our possible responses to morally flawed (...) works can vary. In some cases, we resist imagining counter‐evaluative claims due to our unwillingness to do so, and in others, due to our inability. (shrink)

Ülfet Görgülü, Fıkıhta Cenin Hukuku, M.Ü. İlahiyat fakültesi Vakfı Yayınları, 2018, 180 s.

Noël Carroll proposes a generalist theory of art criticism, which essentially involves evaluations of artworks on the basis of their success value, at the cost of rendering evaluations of reception value irrelevant to criticism. In this article, I argue for a hybrid account of art criticism, which incorporates Carroll's objective model but puts Carroll-type evaluations in the service of evaluations of reception value. I argue that this hybrid model is supported by Kant's theory of taste. Hence, I not only present (...) an alternative theory of metacriticism, which has the merit of reinstating the centrality of reception value in art critics’ evaluations, but also show that, contrary to a common conception, Kant's aesthetic theory can house a fruitful account of art criticism. The benefit of this hybrid account is that, despite being essentially particularist, it should be appealing even to generalists, including Carroll. (shrink)

I argue that Kant’s aesthetic theory yields a fruitful theory of art criticism and that this theory presents an alternative both to the existing theories of his time and to contemporary theories. In this regard, my dissertation offers an examination of a neglected area in Kant scholarship since it is standardly assumed that a theory of criticism flies in the face of some of Kant’s most central aesthetic tenets, such as his rejection of aesthetic testimony and general objective principles of (...) taste. If art criticism is an enterprise of providing evaluations of artworks supported by reasons, then it is hard to see what the Kantian art critic can do for us. If I cannot defer to the critic’s judgment that she loved Blade Runner and there are no feasible general principles linking the depiction of futuristic cityscapes, or the accompaniment of a haunting minimalist soundtrack to the goodness of a film, then it does not seem to matter whether the critic communicates to me her evaluation of Blade Runner or supports her evaluation with descriptions of Blade Runner scenes. Nevertheless, the assumption that these Kantian tenets preclude the possibility of art criticism is mistaken and it is my aim to show how this can be. The project has two phases. In the first phase I develop a new interpretation of Kant’s theory of artistic beauty. In the second phase I make use of this interpretation to put forward a Kantian account of art criticism. Central to my interpretation is the notion that judgments of perfection, e.g., Blade Runner is an excellent neo-noir science fiction film, inform our aesthetic evaluations and receive support from descriptions of non-aesthetic properties of the film. It is precisely this underappreciated role of judgments of perception that I exploit in making room for Kantian art criticism. (shrink)

My aim in this paper is to expose a misrepresentation of Jean-Luc Nancy’s ideas on community in the secondary literature. I argue that discussions of Nancy’s work have failed to recognize a transformation that has occurred in his later thought, which distances him from Jacques Derrida. I propose that Nancy’s later work points the way beyond the “persistence of unhappy consciousness” in deconstruction through allowing for the possibility of the creation of a world alternative to globalization. Recognition of this transformation (...) is suggestive for how Nancy’s theoretical framework might be employed in analyses of recent resistance movements. (shrink)

This article examines the possibility of determining the ontological status of the embryo and the moral foundation of the framework on which this status is based. Discussions on the ontological status of the embryo are analyzed within the frameworks of substance and continuity theories. Substance theory posits that the embryo possesses an immutable essence in ontological terms. This theory, being metaphysical in nature, aligns with theistic perspectives, which hold that God grants humans a soul from His own spirit. Consequently, humans (...) are perceived as possessing an unchanging essence or nature. This perspective entails a metaphysical view consistent with substance ontology. Furthermore, in theistic thought, humans are regarded as beings deserving of dignity because they are created by God. Examples supporting this view are presented from Christian and Islamic thought, expressed as the concept of imago Dei and the notion of humanity being elevated above all other creations, respectively. The concept of human dignity found in theistic thought provides a metaphysical foundation supporting substance theory and endows humans with moral status. This notion leads to the conclusion that the thesis of human dignity, which attributes an ontological status to the embryo (viewing it as a potential human), also confers moral status upon the embryo. The idea that humans are ontologically dignified beings implies that every stage of human development, from the earliest biological moment of the embryonic phase to infancy and beyond, holds value in relation to the previous stage, further supporting this concept. The dignity thesis appears closely tied to the species, nature, and potentiality of the embryo. Initially, the relationship between dignity and the speciesist approach is emphasized. However, anti-speciesist perspectives argue for the equality of humans with other living beings, advancing secular critiques of the concept of human dignity. In response, this study seeks to establish a consistent position on the concept of dignity by addressing the points of contention between theistic and secular interpretations. The substance ontology adopted for the discussion of the embryo’s personal identity is further supported by the metaphysical thesis of essentialism. Essentialism asserts that every species has its own immutable essence. It is argued that the essential qualities of natural species emerge at specific stages of embryonic development. In contrast, advocates of continuity theory reject the idea that the embryo possesses an unchanging essence or that there exists a definitive threshold distinguishing one stage of human development from another. They claim that the moral status of the embryo can only be established on a conventional basis, which provides a precarious foundation rather than a robust one for its protection. Therefore, this study argues that providing an ontological foundation of a substantial nature for the embryo is more coherent. In addition, the article addresses criticisms of substance ontology and the thesis of human dignity, offering reasoned responses. While explaining the ontological status of the embryo within the framework of substance theory, it is demonstrated that this theory aligns with concepts such as human dignity, speciesism, and essentialism. The argument from potentiality concerning the embryo's ontology is highlighted as particularly significant. This argument resonates with the theistic notion that the soul or essence given to humans by God bestows dignity by virtue of its potential state. Through these approaches, the article concludes that the ontological status of the embryo determines its moral status. Analytical methods from the field of bioethics are employed to examine metaphysical issues. The significance of this study lies in addressing discussions about the ontological status of the embryo, a topic extensively explored in Western literature from a secular perspective but less frequently analyzed on a metaphysical basis. (shrink)

Traditional aesthetic theories emphasize pleasure, while recent non-hedonistic approaches prioritize “getting it right” in aesthetic engagement. This paper critiques Dominic McIver Lopes’s and C. Thi Nguyen’s theories by arguing that correctness is neither the necessary guiding norm nor the constitutive or right motivator. Instead, I propose bias reduction—minimizing the improper influence of prior outlooks. This shift from correctness to minimizing distortion better captures aesthetic agency and allows for pluralism and radical disagreement.

Providing effective care to patients and making the right decisions in difficult working environments depend on moral sensitivity. Emotional intelligence and ethical sensitivity affect nursing care. This study aimed to investigate the relationship between nursing students’ emotional intelligence and ethical sensitivity levels. The research employed a descriptive-correlational design, 201 nursing students studying at a university in the Central Anatolia region, Turkey, participated in the study. Students’ ethical sensitivity was found to be significant. The nursing students received the highest score in (...) the “Interpersonal Orientation” sub-dimension of the Moral Sensitivity Scale, while their lowest score was observed in the “Experiencing ethical dilemma” sub-dimension. The SSREIT and MMSQSN total scores of the students who willingly chose the nursing department and loved their field were found to be higher. It was found that the ethical sensitivity of nursing students was at a significant level and gender, family type, having sibling and perception of economic status affected the level of ethical sensitivity. (shrink)