Lawyers and the legal system have been much criticized in recent years. Despite popular perceptions, the legal system contains numerous mechanisms and rules designed to ensure fair results. This paper shows how the legal system tries to implement, in commercial transactions, the ethical principles of truthfulness and fairness. The Anglo-American development of Equity Courts is reviewed briefly. Several examples of the Law's enforcement of ethical principles are presented, in four different legal areas: Contracts, Securities, Goods, and Real Estate. The intent (...) here is to present an overview of the problem, with area-specific illustrations, rather than a comprehenisve examination of the cases in just one area. (shrink)

In Barnett and Block (J Bus Ethics 88(4):711–716, 2009a), the present authors claim that borrowing short and lending long is fraudulent, and thus ought to be prohibited on legal grounds. Bagus and Howden (J Bus Ethics 90(3):399, 2009) take issue with our ethical analysis. The present paper is our response to these authors; it is an attempt to defend Barnett and Block (J Bus Ethics 88(4):711–716, 2009a) against the very interesting and important, although we believe, erroneous, criticisms of Bagus and (...) Howden (J Bus Ethics 90(3):399, 2009). (shrink)

Global soft law, multistakeholder norms, the business practices and policies of leading companies, the expectations of...

Chaïm Perelman resuscitated the rhetorical tradition by developing an elegant and detailed theory of argumentation. Rejecting the single-minded Cartesian focus on rational truth, Perelman recovered the ancient wisdom that we can argue reasonably about matters that admit only of probability. From this one would conclude that Perelman's argumentation theory is inalterably opposed to natural law, and therefore that I would have done better to have written an article titled "Perelman's Theory of Argumentation as a Rejection of Natural Law."However, my thesis (...) is precisely that Perelman's theory of argumentation connects to the natural law tradition in interesting and productive ways. Perelman referred to natural law in. (shrink)

The article discusses how the meaning of the principle of “non-resistance to evil by violence” was changing in L.N. Tolstoy's religious and philosophical teachings and how this principle was evaluated in Russian religious philosophy of the late XIX - early XX century. In the first version of Tolstoy’s teachings, set forth in the book “What is my faith?”, the principle of non-resistance was understood in a moral sense, as the norm for all people; its execution should lead to the perfection (...) of earthly life. This idea of L. Tolstoy was sharply criticised by his contemporaries, who noted that there was no truly religious content in Tolstoy’s teachings, it was turning into a utilitarian doctrine of the earthly progress of mankind. Given this criticism, Tolstoy in his later works changed his understanding of the principle of non-resistance. Drawing a distinction between two levels of human life - “animal” and divine, Tolstoy recognised the principle of non-resistance to the law as the divine life of a man. As a result, the principle of non-resistance has acquired a religious rather than moral meaning, since the transition of a man to a divine life means a mystical transformation of his being. He is aware of his super-spatial and super-temporary unity with all people and with all being, and therefore can evaluate the consequences of his actions not only in the limited sphere of his life, but also in all infinite being. In this regard, a person realizes the absolute superiority of good deeds over evil, even if the latter are committed to confront evil. It is shown that some critics of Tolstoy came to a similar understanding of the religious meaning of the principle of non-resistance at the end of their lives. (shrink)

Although managers must stay abreast of all socictal concerns in developing organizational objectives, protecting the environment seems to be a major issue for consumers in the 1990s. This increased environmental concern leaves managers no choice but to go beyond mere social obligation when it comes to protecting the environment. Society is demanding social responsiveness at a minimum, and the call for social responsibility seems to be getting louder and clearer. This paper reviews the response business has made to this call (...) for responsibility for the environment. Specifically, this paper will address the impact of increased business awareness on: (1) the passage of laws and legislation to protect the environment (social obligation); (2) specific organization actions to meet consumer demands (social responsiveness); (3) specific organization endeavors which reflect a sincere attempt to address the environmental issue (social responsibility). An awareness of these activities should aid managers in developing future plans which will allow them to become more responsible for our environment. (shrink)

Deutsch is a social psychologist whose research over the past forty years has been concerned mainly with cooperation and competition. This collection of articles assembles his work on how people's social behavior affects and is affected by their conceptions of justice. The central claim is that the influence is mutual: "Deutsch's crude law of social relations" states that "the characteristic processes and effects elicited by a given type of social relationship also tend to elicit that type of social relationship".

The spring, summer, and fall 2006 editions of Critical Inquiry hosted a heated exchange between Ernesto Laclau and Slavoj Žižek regarding the proper definition of the Lacanian Real. Žižek claims "the Real is the inexorable abstract spectral logic of capital that determines what goes on in social reality". In response, Laclau states that Žižek's "spectral logic of capital" is a gross distortion of Lacanian theory: "The Real is not a specifiable object endowed with laws of movement on its own but, (...) on the contrary, something that only exists and shows itself through its disruptive effects within the Symbolic". Laclau's formulation of the Real, however, forecloses the possibility of... (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)

The laws of social development are objective in content and, in contrast to the laws of nature, are manifested and function only through the activity of human beings. The development of all spheres of human activity, in turn, cannot be conceived of as independent of the will, consciousness, moods and beliefs, propensities and preferences of human beings, nor as independent of the effectiveness of forms of social organization, etc. The social specificity of laws of social development in turn defines another (...) feature of these laws, namely, their statistical nature. History and social practice persuasively demonstrate that the laws of social development in turn defines another feature of these laws, namely, their statistical nature. History and social practice persuasively demonstrate that the laws of social development, functioning either in all socioeconomic formations or in only some of them , or laws operating within only one of these formations are of a statistical nature. Even when the conditions of life of societies within a particular socioeconomic formation are the same, the results of the operation of any law of social development are never absolutely identical. This is graphically evident in an analysis of the operation of the law of surplus value, the laws of class struggle, or the law of social revolution, especially its operation under the conditions of the contemporary world revolutionary process. We need only point out the variety of nuances in the ultimate results of the operation of the law of social revolution after the Second World War, when socialist countries and countries with a socialist orientation emerged. (shrink)

Introduction EMPIRICISM DOES NOT stand in very high repute among literary theorists these days. Regarded generally as a discredited philosophical paradigm ...