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)

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)

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)

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)

This paper explores organizational spirituality, uncovers it as spiralling dynamics of both positive and negative potentialities, and proposes how leaders can shape these dynamics to improve the human conditions at the workplace. Based on case study of five Turkish organizations and drawing on the emerging discourse on spirituality in organizations literature, this study provides a deeper understanding of how dynamic patterns of spirituality operate in organizations. Insights from participant observation, organizational data, and semi-structured interviews yield three key themes of organizational (...) spirituality: reflexivity, connectivity, and responsibility. Each of these themes has been found to be connected to upward spirals (inspiration, engagement, and calling) and downward spirals (incivility, silence, and fatigue). The study provides a detailed and holistic account of the individual and organizational processes through which spirituality is enacted both positively and negatively, exploring its dynamic and dualistic nature, as embodied in the fabric of everyday life and culture. (shrink)

The theme of childhood and education in Lyotard’s philosophy provides an interesting field of reflection combining education studies and continental philosophy. Childhood in Lyotard’s thought is mostly understood as infantia, a concept that appears towards the end of his work. The claim of this article is that childhood in Lyotard’s philosophy cannot be reduced to the late concept of infantia; looking at the recurring nature of this theme in his writings that is present from the beginning, as well as various (...) figures under which it appears, pushes Lyotard’s readers to reconsider his work from a pluralist and interdisciplinary perspective. (shrink)

Background: The advances in science and technology increasingly lead to the appearance of ethical issues and to the complexity of care. Therefore, it is important to define the ethics position of students studying in health departments so that high quality patient care can be achieved. Objectives: The aim of this study was to examine the ethics position of the students at Shool of Health of an University in western Turkey. Methods: The study design was descriptive and cross-sectional. The study population (...) included 540 first, second, third, and fourth year students from the Departments of Nursing, Midwifery, and Rescue and Disaster Management in the 2013–2014 academic year. Data were collected with a Personal Identification Form and The Ethics Position Questionnaire. Obtained data were analyzed with Chi-square test, Confirmatory Factor Analysis, and Nested Analysis of Variance. Ethical considerations: Before conducting the research, approval was obtained from Ege University Clinical Research Ethics Committee in İzmir and written informed consent was taken from all the participants. Findings: There was no significant difference in the mean scores for the Ethics Position Questionnaire between the students in terms of years and fields of study. Although the mean scores for the subscale idealism did not differ between fields of study, the mean scores significantly differed between years of study. However, the mean scores for the subscale relativism did not differ in terms of years and fields of study. Discussion: Whether students are idealistic or relativistic in terms of ethical judgment will be effective in ethical decision-making skills during patient care. Therefore, we need to define the factors that influence students’ ethics position in the future. Conclusion: It is suggested that the courses and practices that teach students to be aware of their ethics position to create an ethical outlook can be placed in the curriculum in health schools. (shrink)

In this paper, in answering the question why Kant didn’t think very highly of music, I argue that for Kant (i) music unlike other art forms, lends itself more easily to combination judgments involving judgments of sense, which increases the propensity to make aesthetic mistakes and is ill-suited as an activity for improving one’s taste; (ii) music expresses aesthetic ideas and presents rational ideas only by taking advantage of existing associations while other art forms do so by breaking with the (...) laws of association and creating new associations. I propose that (ii) constitutes the reason why music is not a rich source for reflection and thereby cannot stimulate the enlargement of the cognitive faculties. Given that the standard Kant uses in setting up the hierarchy of fine arts in terms of their cultivating role is the enlargement of cognitive faculties, this explains why music is placed at the bottom of his hierarchy. (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 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)

Bu çalışmanın temel amacı, Murray Bookchin’in “toplumsal ekoloji” anlayışını açıklamaktır. Bu amaç doğrultusunda okuyucuya öncelikle ekolojik sorunlar ve ekoloji hareketinin tarihsel gelişimi hakkında genel bir içgörü kazandırmak adına açıklamalar sunacağız. Daha sonra Bookchin’in, ekoloji hareketini oluşturan farklı yaklaşımlara, Marksizm’e ve anarşizme yönelik ortaya koyduğu eleştirilerini, diyalektik doğalcılık öğretisini, hiyerarşi ve sınıf olgusu hakkında gerçekleştirdiği çözümlemelerini ve komünalist ideolojisini inceleyeceğiz. Devamında toplumsal ekolojiye yöneltilmiş olan eleştirileri aktaracak ve çalışmamızın ikincil amacını gerçekleştirmeye geçeceğiz. Bu amaç, Bookchin’in hiyerarşi olgusu hakkındaki çözümlemelerinin teorik zemininin (...) yetersizliğine dikkat çekmektir. Kanaatime göre Bookchin hiyerarşiyi tarihsel, antropolojik, ekonomik, sosyal, biyolojik, psikolojik ve politik bir kategori olarak ele almış ancak hiyerarşinin metafiziksel temelleri hakkında bir açıklama sunamamıştır. Bu durum Bookchin’in hiyerarşi ve devlet karşıtlığının dolayısıyla komünalist ideolojisinin açıklamaya muhtaç sorularla yüz yüze olduğu anlamına gelmektedir. Söz konusu sorular cevaplanmadığı takdirde toplumsal ekoloji anlayışını savunmanın sürdürülemez olduğunu iddia edeceğim. (shrink)

This article examines Bolzano’s aesthetic cognitivism. It argues that, while reminiscent of German rationalist aesthetics and hence potentially appearing rigid and outdated, Bolzano’s version of cognitivism is, in fact, highly innovative and more flexible than the cognitivism championed by the rationalists. He imports from the rationalists the idea that aesthetic appreciation and creation are rule-governed, yet does not construe rule-following and engaging in free aesthetic activities as mutually exclusive. Furthermore, thanks to his nuanced treatment of the interaction between aesthetic values (...) and other types of values, Bolzano’s aesthetic cognitivism presents a fresh alternative to contemporary versions of aesthetic cognitivism. (shrink)

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)

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)

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

Among the politics of belief that we encounter in Early Modern Philosophy, Hume's concept of natural belief is known as a problematic area to understand. Although Hume develops a concept of belief based on sensation and sensation, the fact that it is controversial to consider it as an empiricist method when considered together with his scepticism is related to the fact that he sees the method he develops as a natural tendency and habit rather than an inferential method. Whether Hume's (...) natural belief has an epistemic basis or not is one of the main goals of this article, while determining whether he considers religious belief as natural belief or not is among the secondary goals of this article. Our argument is that Hume treats natural belief as a non-epistemic form of belief based on emotion, and religious belief as natural belief. In our study, how the concepts of natural belief and religious belief are understood according to Hume is presented, discussions about these concepts are included, and a conclusion is reached that religious belief is natural belief according to him. (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)

Kuzey Afrika’da kurulan bilâhare Endülüs bölgesini topraklarına dahil eden Murâbıtlar Devleti 448-543 yılları arasında hüküm sürmüştür. Murâbıtlar Devleti’nin temeli Kuzey Afrika’daki kabileler arasında irşad ve tebliğ faaliyetinde bulunan ve bu maksatla bir ribat kuran Mâlikî fakihi Abdullah b. Yâsîn tarafından atılmıştır. Mâlikî mezhebine mensup olan ve bu mezhebin esas alınması hususunda büyük hassasiyet gösteren Murâbıtlar Devleti emîrleri devletin kuruluş gayesine sadık kalmışlar, karar alırken fakihlere danışmışlar, onların fetvâları ve tavsiyeleri doğrultusunda devleti yönetmişlerdir. Bu durum fakihlerin tesir sahasının oldukça geniş olmasına (...) sebebiyet vermiştir. Murâbıtlar Devleti, fakihlerin bu devlette büyük bir otoriteye sahip olmaları ve bilhassa onların fetvâları ile vuku bulan hadiseler sebebiyle yıkılışından itibaren çeşitli değerlendirmelere konu olmuştur. Bu devlete son vererek bu devletin topraklarında hüküm süren Muvahhidler, müsteşrikler ve bir kısım araştırmacılar Murâbıtlar Devleti’ne tamamen olumsuz bir bakış açısıyla yaklaşmış, çeşitli ithamlarda bulunmuşlardır. Diğer taraftan bilhassa son dönemlerde bu suçlamalara cevap niteliği taşıyan çalışmalar da yapılmış, eserler ortaya konulmuştur. Bu çalışmada öncelikle Murâbıtlar Devleti’nde en önemli makam olarak kabul edilen kādılık makamını ihraz eden fakihlerin yetki ve sorumlulukları hakkında bilgi verilmiştir. Sonrasında devletin zirve döneminde hüküm sahibi olmuş Yûsuf b. Taşfîn ve Ali b. Yûsuf b. Taşfîn’in fakihlerle ilişkileri ile fakihlerin bu emîrlerin döneminde cereyan eden önemli hadise ve kararlardaki rolü ele alınmıştır. Çalışmanın son kısmında ise Murâbıtlar Devleti’nde fakihlerin konumu ve etkisi ile alakalı olarak yapılan değerlendirmelere yer verilmiştir. (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)