Hukuk düzeninin kişiye bahşettiği haklar, iktisadi değer taşıması yönünden “malvarlığı hakkı” ve “şahıs varlığı hakkı” şeklinde esaslı bir ayrıma tabi tutularak incelenmektedir. İktisadi değer taşıyor olması yönüyle şahıs varlığı haklarından farklılaşan malvarlığı hakları, herkese karşı ileri sürülebiliyor olması durumunda “mutlak”, yalnızca borçlu namındaki yükümlüye karşı ileri sürülebiliyor olması halinde ise “nisbî” şeklinde nitelenir. Mutlak mamelek hakları somut bir kütleye sahip olan (cismanî) bir konu üzerine kuruluysa aynî hak adını alır. Aynî haklar, nisbî özellik taşıyan ve dolayısıyla belirli bir şahsın edimi (...) sayesinde ve ancak onun aracılığıyla kullanılan alacak haklarıyla birlikte malvarlığının iki önemli bileşenini oluşturur. Tarihsel süreçte bu iki hak türünü birbirine yaklaştırmaya yönelik çeşitli teşebbüslerde bulunulmuşsa da bu haklar gerek mahiyet gerek hüküm itibariyle farklı kabul edilmeye devam etmiştir. Söz konusu farklılık, hakkın konusu üzerindeki hakimiyetin şekli yani doğrudan veya dolaylı olması bakımından, bahse konu hakların eşyanın aidiyetine etkisi açısından, hakkın mutlak veya nisbî olması cihetinden, sürekli olup olmama yönünden ve makalede etraflıca ele alınacağı üzere öncelik/üstünlük itibariyle ortaya çıkmaktadır. Kara Avrupası hukuk sistemine ait olan bu kavramsal kurgu ve terimlerin muadillerine veya benzerlerine İslam hukuk doktrini içerisinde de rastlanmaktadır. Bu kapsamda fıkıh literatüründe malvarlığı haklarının tümüne şamil olacak şekilde “milk” terimi kullanılmış, hakkın konu edindiği varlığın niteliğine göre de “milkü’l-ayn”, “milkü’l-menfaa”, “milkü’d-deyn”, “milkü’l-habs ve’l-yed” gibi terimler geliştirilmiştir. İnsanlar arasındaki hukuki menfaatlerin karşı karşıya geldiği bazı durumlarda bu iki hak türü arasında tercih yapmak gerekebilmektedir. Bu tarz bir tercih durumunda aynî haklara, ihtiva ettiği yetkiler dikkate alınarak şahsî haklar karşısında bir tür öncelik tanınmıştır. Söz konusu önceliğin en belirgin şekilde görüldüğü yerlerden biri de kiraya verilen malın kira akdi devam ettiği sırada üçüncü kişilere devredilmesidir. Bu noktada İslam hukukunda kira akdinin kişiye kazandırdığı yetkiler Kara Avrupası hukuk sistemine göre farklılık arz eder. Makalede kiracının bu hakkının İslam hukukuna göre -Kara Avrupası hukuk sisteminden farklı olarak- aynî nitelikte kabul edildiği savunulmaktadır. Bunu temellendirmek için kiralanan malın kira müddeti içerisinde üçüncü şahıslara satılması, kiralanması veya gasp gibi haksız fiil şeklinde yorumlanabilecek yollarla intikal etmesi halinde fıkıh doktrininde kiracıya tanınan yetkiler incelenmiş İslam hukukunun bu hususlardaki özgün yaklaşımı klasik ve modern fıkıh eserleri dikkate alınarak, Türk hukukuyla da kıyaslamalar yapmak suretiyle ifade edilmiştir. (shrink)

Complete works of Śaṅkarācārya, Hindu philosopher; with commentary and Bengali translation.

The _Epic of Gilgamesh_, a 3600-year 12-tablet collection, was looted from an Iraqi museum during the 1991 Gulf War, and fraudulently imported into the United States. In September, 2021, UNESCO facilitated its repatriation to Iraq, which is seen as an occasion to consolidate Iraq’s efforts to rebuild its legacy, since the _Epic of Gilgamesh_ is of immense cultural, historical and religious value for Iraq The current study examines the _Epic of Gilgamesh_ in the light of the ancient Sumerian and Akkadian (...) traditions. This collection of tablets carries a great legacy of the contemporary Babylonian and Mesopotamian beliefs and socio-religious values, also evident in the use of cuneiform and clay tablets, being ancient forms of writings. The study made use of content analysis and historical and analytical approaches to retrieve data through a documentation research design. The study found that the _Epic of Gilgamesh_ is not only a work of religious literature, but a treatise on civilization. On one hand it narrates the stories engrained in the Mesopotamian mythology, such as those of Ninsun, Shamash and Utnapishtim; on the other hand, owing to its content, literary style and tone, characterization and symbolism, this study would be a great contribution to relive the story of Gilgamesh from current literary, and socio-religious perspective and provide a comprehensive account of the legacy and inheritance that it brings in for the modern generation. (shrink)

The use of the Internet in conducting psychological research has become increasingly common over the past few decades, as Internet access has become more widespread. Although web-based work has a number of benefits, including lower cost, easy access to large samples, and strict standardization of administration, the limitations must also be considered. Among these limitations are the ethics concerns related to conducting psychological research online. These concerns include limitations in maintaining confidentiality, conducting thorough informed consent, and conducting valid assessment. Particular (...) focus is given to the limitations inherent in conducting a fully automated online study. All of these limitations are discussed in detail through both a review of existing literature and the brief review of a recent study. The recent study identified areas in which participants struggled with completing a fully automated online task. This article discusses the ethics implications of Internet research as well as offering suggestions for researchers who intend to conduct web-based research, and thoughts on future directions as psychology moves forward in web-based research and assessment. (shrink)

When The Sexual Politics of Meat: A Feminist-Vegetarian Critical Theory by Carol J. Adams was published more than twenty years ago, it caused a immediate stir among writers and thinkers, feminists and animal rights activists alike. Never before had the relationship between patriarchy and meat eating been drawn so clearly, the idea that there lies a strong connection between the consumption of women and animals so plainly asserted. But, as the 21 personal stories in this anthology show, the impact of (...) this provocative text on womens lives continues to this day, and it is as diverse as it is revelatory. One writer attempts to reconcile her feminist-vegan beliefs with her Muslim upbringing; a second makes the connection between animal abuse and her own self-destructive tendencies. A new mother discusses the sexual politics of breastfeeding, while another pens a letter to her young son about all she wishes for him in the future. Many others recall how the book inspired them to start careers in the music business, animal advocacy, and food. No matter whether they first read it in college or later in life, whether they are in their late teens or early forties, these writers all credit The Sexual Politics of Meat in some way with the awakening of their identities as feminists, activists, and women. Even if you havent read the original work, youre sure to be moved and inspired by these tales of growing up and, perhaps more important, waking up to the truths around us. (shrink)

Sanskrit text with commentary on Jaina logic.

Imprinted genes are monoallelically expressed in a parent‐of‐origin‐specific manner, but for many genes reported to be imprinted, the occurrence of preferential expression—where both alleles are expressed but one is expressed more strongly than the other in a parent‐of‐origin‐specific way—has been reported. This preferential expression found in genes described as imprinted has not been thoroughly addressed in genomic imprinting studies. To study this phenomenon, 50 genes, reported to be imprinted in the mouse, were chosen for investigation. Preferential expression was observed for (...) 21 of 27 maternally expressed genes. However, only 5 of 23 paternally expressed genes showed preferential expression. Recently, it has been reported that a remarkable proportion of non‐imprinted genes show differential allelic expression. If there is overlap between non‐imprinted genes that are differentially expressed and imprinted genes that are preferentially expressed, we need to set new definitions of imprinted genes that, in turn, would probably lead to reassessments of the total number of imprinted genes in mammalian species. BioEssays 29:1022–1028, 2007. © 2007 Wiley Periodicals, Inc. (shrink)

This article analyzes the comparative history of the law and practice of abortion and assisted reproduction in the United States to consider the interplay between medical paternalism and legal paternalism. It supplements existing critiques of paternalism as harmful to women's equality with the medical perspective, as revealed through the writings of Alan F. Guttmacher, to consider when legal regulation might be warranted.

Festschrift for Maḍiniyavela Śrī Mēdhaṅkara, Sri Lankan Buddhist monk; contributed articles chiefly on economic and ethical aspects of Buddhism.

Introduction: Prehospital emergency medicine is a specific field of emergency medicine. The basic approach of prehospital emergency medicine is to provide patients with medical intervention at the scene of the incident. This special environment causes health professionals to encounter various problems. One of the most important problems in this field is ethics, in particular questions involving refusal of treatment and the processes associated with it. Objective: The objective of this study is to identify emergency health professionals’ views regarding refusal of (...) treatment. Methods: This study was conducted with 356 health professionals who were on active duty in prehospital emergency health services. The data were collected through a form which included 10 statements. The participants were asked to indicate their level of agreement with the statements given by rating them between 0 and 10. Ethical considerations: Before conducting the research, permission was received from the local ethics committee. Participants were given written information about the purpose of the study. Participants were assured that their participation was voluntary. Results: The healthcare professionals with fewer years of experience in the profession and female participants adopted an attitude of giving priority to providing care. Young participants, in general, respected patient autonomy. However, paradoxically, when it comes to emergency medical cases, they expressed an opinion closer to paternalism. Conclusions: This study has found that prehospital emergency health professionals generally respect the patient’s right to refuse treatment; however, they do not prioritize this right when there is a life-threatening situation or when the person does not have decision-making capacity. In these cases, prehospital emergency health professionals tended to adopt a more paternalistic approach. (shrink)

Background: Attention to ethical leadership in nursing has diminished over the past several decades. Objectives: The aim of our study was to investigate how frontline nurses and formal nurse leaders envision ethical nursing leadership. Research design: Meta-ethnography was used to guide our analysis and synthesis of four studies that explored the notion of ethical nursing leadership. Participants and research context: These four original studies were conducted from 1999-2008 in Canada with 601 participants. Ethical considerations: Ethical approval from the original studies (...) covered future analysis. Findings: Using the analytic strategy of lines-of-argument, we found that 1) ethical nursing leadership must be responsive to practitioners and to the contextual system in which they and formal nurse leaders work, and 2) ethical nursing leadership requires receiving and providing support to increase the capacity to practice and discuss ethics in the day-to-day. Discussion and conclusion: Formal nurse leaders play a critical, yet often neglected role, in providing ethical leadership and supporting ethical nursing practice at the point of patient care. (shrink)

Intelligent tutoring system (ITS) is a computer system which aims to provide immediate and customized or reactions to learners, usually without the intervention of human teacher's instructions. Secretariats professional to have the common goal of learning a meaningful and effective manner through the use of a variety of computing technologies enabled. There are many examples of professional Secretariats used in both formal education and in professional settings that have proven their capabilities. There is a close relationship between private lessons intelligent, (...) cognitive learning and design theories; and there are ongoing to improve the effectiveness of ITS research. And it aims to find a solution to the problem of over-reliance on students' teachers for quality education. The program aims to provide access to high-quality education to every student, and therefore the reform of the education system as a whole. In this paper, we will use Intelligent Tutoring System Builder (ITSB) to build an education system on cloud computing in terms of the concept of cloud computing and components and how to take advantage of cloud computing in the field. (shrink)

The Qur’ān Recitation is taught as a compulsory or elective course at all levels of formal in education, as well as in the courses of the Presidency of Religious Affairs in non-formal education in Turkey. In the curricula of this course, it is emphasized that the readings should be word and meaning centered and the course should be centered on the meaning of the Qur’ān. However, the achievability of these idealized goals should be discussed. In addition, due to the focus (...) of the curriculum on literally and meaningfully, there are professional difficulties in teaching the words of the Qur’ān and the programs lose their functionality. In this case, the teaching of the meaning of the Qur’ān should not be in the learning area of this course but should be the subject of a separate professional course. This study discusses the applicability of this, reminds the limits of the Qur’ān course, the importance of teaching the wording from a professional point of view, and the problematic aspect of teaching the meaning of the Qur’ān together with the teaching of the words, and clarifies how it can be done. The objective of the study is not to advocate the incorrectness of reading the meaning or to assert the principles of interpretation. The aim of the study is to contribute to the preparation of a realistic curriculum for the realization of the goals of the Qur’ān recitation courses by determining the limits of the courses in the professional field. In this context, the programs of formal schools such as imam hatip secondary school, imam hatip high school, middle and high schools, some sample the programs of the faculties of theology and the course curricula of the presidency of religious affairs were examined and evaluated in terms of teaching the meaning of the Qur’ān. (shrink)

Classical verse work on the Advaita philosophy and meditation.

One of the critical crises observed in human society, especially in the so-called advanced and industrial societies, is the spiritual crisis. Spirituality in various types of cultural and religious concepts is considered a spiritual path one in which can achieve something like a high level of consciousness, wisdom or union with God. In addition, self-esteem is a sense of worth. This feeling comes from the sum of our thoughts, feelings, emotions and experiences throughout life. Dignity also means honour and pride, (...) which has been mentioned many times in the Qur'an. In contrast to dignity, there is humiliation, which means lack of dignity in which one simply accepts defeat. Religious teachings, especially Islamic teachings, do not summarise dignity as wealth, luxury and the enjoyment of material possibilities, but interprets dignity as spirituality, and liberation from the shackles of worldliness, which give Muslims a moral identity. The main purpose of this study is to investigate the mediating role of moral identity between spiritual intelligence and self-esteem of Muslims. The statistical population includes 834 Muslim employees working in 20 branches of one Iranian university. Necessary data were collected by standard questionnaires. Pearson's correlation coefficient and regression analysis in SPSS software (Statistical Package for the Social Sciences) were used to analyse the data. According to the results of the analysis, there is a positive relationship between spiritual intelligence and self-esteem of Muslims. There is also a positive relationship between moral identity and self-esteem. Furthermore, moral identity plays a mediating role in the relationship between spiritual intelligence and self-esteem, and it strengthens this relationship. CONTRIBUTION: The present study proves the mediating role of ethical identity on the relationship between spiritual intelligence and self-esteem in an Islamic society. (shrink)

Collection of published and unpublished 48 works of Śaṅkarācārya.

This article seeks to determine whether PT Freeport Indonesia, an operating subsidiary of Freeport-McMoRan Copper and Gold Inc., has acted in environmentally and socially responsible ways in the context of its operations in Papua, Indonesia, and how well it has responded to the legacy left by its less responsible operations from 1973 until the mid-1990s. This objective is achieved by examining the company's impact on the resources and assets with which it comes into contact as part of its operations, as (...) well as through a historical review of the province of Papua and its incorporation into Indonesia, Freeport's entry into Papua, and the company's engagement with international and Indonesian politics. (shrink)

The term “principle of sufficient reason” (PSR) was coined by Leibniz, and he is often regarded as its paradigmatic proponent. But as Leibniz himself often insisted, he was by no means the first philosopher to appeal to the idea that everything must have a reason. Histories of the principle attribute versions of it to various ancient authors. A few of these studies include—or at least do not exclude—medieval philosophers; one finds the PSR in Abelard, another finds it in Aquinas. And (...) while Leibniz retains pride of place in these histories, Spinoza is sometimes said to precede him “in appreciating the importance of the Principle and placing it at the center of his philosophical system.” In this paper, the author argues that the same should be said of the Islamic philosopher Avicenna. Writing 600 years before his early modern counterparts, Avicenna routinely and consistently appeals to the PSR in generating his metaphysical system. The paper aims first to establish that Avicenna deserves a position of prominence in histories of the PSR, and then to consider how he addresses certain challenges to the PSR, especially the threat posed by necessitarianism. (shrink)

Madani surahs generally describe the process in which various rules related to the regulation of the moral dimension of religion are determined. Some of the divine declarations made in this framework consist of rules and principles in the nature of command and prohibition. These statements, which have a normative character, also contain some evaluations about the attitudes of the interlocutors in relation to the events that took place in the period of descent. The warnings against the words and actions of (...) believers, which cannot coincide with faith, are among the most striking subjects of the Madani surahs. It is striking that these warnings, which sometimes increase in severity, generally focus on the economic concerns, demands and expectations of the believers. The increase in the welfare level with the Hijra, the inability of the new converts to fully comprehend the teachings of the religion, and the negative effect of the Jahiliyya tradition are among the main reasons for warnings against believers. On the other hand, these warnings and criticisms, which point to the weakness of speech and action, aim to prompt the believers to question their attitudes and stances by determining the ideal style of behavior compatible with faith, rather than merely condemning. In this respect, the article aims to examine the relationship of believers with worldly possibilities and material blessings in the axis of this differing dimension of Madani surahs. (shrink)

The role of state in the contemporary global system is greatly shaped by its inner or domestic strength that include economic resilience, socio-political harmony and a stable constitutional political order. These attributes cannot be achieved by a state unless it assigns the highest priority to human and societal development and promotion of egalitarian socio-economic arrangements that provide equal opportunities to all citizens irrespective of ethnicity, language, religion, caste, region or gender. The focus is on transforming human resources into human capital (...) through education, learning of technology and skills, and health care. There is now a greater emphasis on good governance and a fair and transparent political management and delivery of basic services to the society. This covers policy making and implementation regarding a host of key issues. It is also important to ensure that the fruits of economic growth are fairly distributed in the society. The state must work towards removing socio-economic inequities and disparities among people and regions. This paper examines the major factors responsible for the growing emphasis in state policy on human and social development as well as the historical evolution of this change. It is argued that the political developments in the 1990s and later contributed most in creating a global awareness about human and societal developments. These include, inter alia, the end of the Cold War, the collapse of some states, the rise of religious and cultural extremism and terrorism and the efforts of the various organs and agencies of the United Nations to promote human development and social stability. The paper also identifies the major obstacles in the developing countries, especially in Pakistan, to socio-economic development and distributive justice. (shrink)

The United States Patent Office of the 1850s offers a rare opportunity to analyze the early gendering of science. In its crowded rooms, would-be scientists shared a workplace with women earning equal pay for equal work. Scientific men worked as patent examiners, claiming this new occupation as scientific in opposition to those seeking to separate science and technology. At the same time, in an unprecedented and ultimately unsuccessful experiment, female clerks were hired to work alongside male clerks. This article examines (...) the controversies surrounding these workers through the lens of manners and deportment. In the unique context of a workplace combining scientific men and working ladies, office behavior revealed the deep assumption that the emerging American scientist was male and middle class. (shrink)

What is domination? According to a leading strand of republican political philosophy, a person is dominated when under the unconstrained power of another. Call this the dyadic conception of domination, because it involves a two‐person relation. I argue that domination is better understood structurally. Structural domination is domination by institutions. Rather than a master dominating a slave and a boss dominating a worker (as in dyadic domination), structural domination holds that the institution of slavery dominates the slave and labor law (...) dominates the worker. Without the structural conception, I contend, one misdescribes the power dynamics of paradigm cases of domination. (shrink)

In this study, we aimed to investigate how prospective science teachers, who participated in a series of explicit-reflective activities for NOS teaching, understood "science in a social and cultural context" in the context of a biographical documentary film. We adopted a phenomenological approach. The data were analyzed descriptively by considering the aspects of nature of science and the levels of understanding as defined in Dilthey's hermeneutic approach. In this way, we determined participants’ levels of hermeneutic understanding regarding the nature of (...) science. The findings show that the participants regarded science within the framework of aspects of the consensus view blended with somewhat authentic interpretations and at a basic level of understanding from the point of view of hermeneutics. This finding highlights the importance of integrating the hermeneutic approach into the teaching process in understanding science. (shrink)

The concept of efficient causation originates with Aristotle, who states that the types of cause include ‘the primary source of the change or rest’. For Medieval Aristotelians, the scope of efficient causality includes creative acts. The Islamic philosopher Avicenna is an important contributor to this conceptual change. In his Metaphysics, Avicenna defines the efficient cause or agent as that which gives being to something distinct from itself. As previous studies of Avicenna's ‘metaphysical’ conception of the efficient cause attest, it takes (...) God as a model agent. This essay considers whether Avicenna's ‘metaphysical’ conception of the efficient cause applies to natural agents. It ultimately argues that Avicenna offers a unified view of the efficient cause, which includes both divine and natural agents. On this view, an efficient cause gives being to another and is simultaneous with its effect. While Avicenna's defence of this view is an important chapter in the history of the concept of the efficient cause, it is also of interest in its own right. By appeal to a version of the principle of sufficient reason, it challenges a widespread view that causes are temporally prior to their effects. (shrink)