The International Covenant on Economic, Social and Cultural Rights was signed by Turkey in 2000 and has been in force since September 23rd, 2003. For this reason, the Covenant is considered as act of parliament in our domestic law, and unlike the general procedure of application of the law, it can not be alleged to contradict the Constitution (According to Article 90 of the Turkish Constitution). The article 12 of the Covenant defines the right to health and its content. In (...) the article 12 of the Covenant, in its General Comment No. 14 published in 2000, the right to the highest attainable standard of health was interpreted and commented upon. This document contains a detailed description of the right to health, its content, and its obligations to State parties. Although this Comment of the Covenant is not binding, it is a document to which the State parties refer when taking measures related to health services. Every publication and comment on the right to health was based on the General Comment 14 of the Covenant. The Article 12 was reinterpreted by the Covenant on May 2nd, 2016 in the context of rights to sexual and reproductive health. İit has been emphasized that legal, procedural, practical and social barriers limit the access of individuals to full range sexual and reproductive health services. It has also been pointed out that accessibility of sexual and reproductive health services is a distant target for women and girls. Moreover, it has been stated that discrimination that increases exclusion in legislation and practice limits lesbian, gay, bisexual, transgender and intersex (LGBTI) individuals and disabled people'senjoyment of sexual and reproductive health rights. For this reason, it is stated that although commenting on the rights of sexual health and reproductive health is included in 14 comments, it is important to make an interpretation about them. This comment is an interpretation of a binding Convention. Therefore; It is a document that will provide guidance on measures to be taken by States Parties in respect of their rights to sexual health and reproductive health. At the same time, obstacles to discrimination in medical practice bring important approaches in terms of respect for autonomy and respect for private life. In our article, information about the content of the ESKHK's interpretation and possible reflections of this content in the field of medical law and ethics will be given. (shrink)

A commissioned article about philosopher of ecology Levi Bryant, and his theory of urban space.

Ijmā is ranked as the third shariah evidence after the Qur’ān and Sunnah in the science of Uṣūl. Shafi was the first one who made Uṣūl which had been known and used by the Islamic scholars, into a written document and who ascertained that Ijmā was the third of the shariah evidences. Kalām is one of the sciences in which Ijmā evidence is used. The scholars of Kalām used this evidence as far as the science of Uṣūl made it possible. (...) They always used it without changing any basics of religious beliefs and acceptances. That the aqidah of Ahl al-Sunnah has been supported with Ijmā which is regarded as one of naqly evidences, played an important role in eliminating suspicions which were tried to be aroused in momins’ mind. In this article, the function and importance of Ijmā evidence, which is one of the primary sources of the science of Uṣūl, in the science of Kalām and Aqidah of Ahl al-Sunnah has been studied.SummaryWhat the Qur’ān demands from us is to emphasize the spirit of unity among ummah and to keep out the factors that could trigger separation and division. Indeed, Allah emphasizes in the following verses in the Qur’ān on the protection of the unitary structure of the ummah: “And hold firmly to the rope of Allah all together and do not become divided” (Āl a-Imrān 3/103) and “And do not be like the ones who became divided and differed after the clear proofs had come to them” (Āl al-Imrān 3/105). Allah has commanded the Ulul ‘Azm Prophets to hold the religion upright and to avoid division. (al-Shūrā 42/13). The command of holding the religion upright and not to be divided in this religion means to certify what needs to be confirmed in the religion of Allah and to obey those that must be obeyed. This is also the proclamation of the principle of religion that all the prophets have consensus over.Ahl al-Sunnah understanding of Islam is identical to the understanding of the Prophet and his companions. For this reason, Ahl al-Sunna is the school that represents the main backbone of Islam. In Ahl al-Sunna, in many subjects, be it usūlî / primary or furū’ī / secondary, there has been ijmā. These ijmās are Sahaba ijmās and deductive ijmās that come from mutakallimūn (theologians) ijtihāds. Therefore, ijmā and ijtihād are closely connected to each other. Ijmā is supported by ijtihād and ijtihād is also the source of ijmā. Thus, the issue is no longer just a pure ijtihād; it turns out to be a degree that gives a solid knowledge after it has risen to some degree just after the nass/texts.Ahl al- Sunnah theologians are talking about two kinds of ijmā. The first is “ijmā taṣdīqī” (approval consensus) which is the consensus based on Sahaba İjmā. These are the ijmās that occur on the principles called ḍaruratal-diniyya (necessities of the religion), and accepted as solid proofs in religion. Issues such as the principles of faith, obligation of prayer and the fasting are the subjects that are determined by the solid/definite ijmā. Such ijmās are valid approvals on existing provisions. These ijmās based on solid nass (verses and hadiths). Such ijmās do not give any new information. The existing information is strengthened by the alliance of Muslims. In these areas, ijtihād cannot be done and Muslims do not need ijtihād on these issues. There is an consensus of Ahl al-Sunnah scholars about the unfaithfulness of the one who denies one or more of the principles which are accepted as the main obligatory principles in Islam. The other is the “deductive ijmā which the ijtihāds have roles over. This kind of ijmās, are formed as a result of mujtahids’ consensus over the same opinion on the issue of theological secondary issues. The issues related to the secondary theological issues which were open to the ijtihāds and the different results obtained on matters are not accepted as the cause of takfīr. However, depending on the subject he/she can be a sinner. Istidlālī/deductive ijmās are not considered as an independent proofs in ‘Ilm al-Kalām, rather a supportive ones and are considered as textual evidences.Since, texts that are accepted as sources give supposed information. In this regard, the Ahl al-Sunnah scholars accepted other members of the sect who have in secondary theological issues opposed the ijmā of the salaf / predecessor as Ahl al-Qibla, but named them as Ahl al-Bid’a (innovator in religion) because of their opposition to Salaf’s İjmās. Moreover, the scholars of the Ahl al-Sunnah did not see them appropriate to participate in the Ijmās, which could occur between the generations that come after Sahābas/companions.Not all disputes have been criticized in Islam. It is a blessing for the ummah to claim different opinions on the issues subject to ijtihād. Since the ummah, in this way, will bring new solutions to emerging issues and as a result, Islam will have a mechanism to produce a dynamic solution. This can only be possible through ijtihād. Dispute is to propose different views on a subject. If this view is not in the actual matters that could harm the unity of the Ummah, rather in the case of ijtihādi issues, this conflict could turn to be mercy.The reason why the methodists evaluate the ijmā within the scope of the authorized evidence is that because they think it is essential that the ijmā be based on a proof. From this point of view, the alliances that occurred in mental matters were not considered as ijmā. The theologians always tried to support their claims with nass/textual proofs. When the ijmā is realized, whether known or not, they have stated that there is certainly a religious proof behind it. Because, the provisions that were reached through ijmā, cannot be against the provisions of the Prophet.Many issues in Islamic Belief and Kalām works are supported by the mental and textual evidences as well as by deductive ijmā. However, many of the claims of Ijmās in these works reflect the inter-sect ijmās of the Ahl al-Sunnah. The sects outside the Ahl al-Sunnah were excluded. This attitude is, above all, the aim of ensuring the integrity within the sect, and trying to protect the Ahl al-Sunnah belief. Since the ijmā evidence has a function that prevents all kinds of arbitrary and divisive thoughts and turns the supposed knowledge into the qat’ī/certain one, it raises the provision to the next level just after the nass, rather than merely being a ijtihādi provision. In the case of the forerunner of the Ahl al-Sunnah, the Māturīdes and Ash‘arites have not differed in in understanding of ijmā in terms of methodology.Although they have different views on the definition and content of the ijmā, they have a common understanding of alliances of Mujtahids on the same view. The mutakallims (theologians) of Māturīdī and Ash’arī schools have used the proof of ijmā as supportive evidence in the cases related to Kalām. al-Ash’arī not only adopted the proof of ijmā but also used it in practice in. He did not make any distinction in proof of ijmā as practical, theological, methodological or sub-divisional; he used it freely in every field. Māturīdī and Ash’arī scholars decided that the ijmā could occur in religious matters and that there would be evidence when it was formed; In the case of mental issues, they have required the knowledge to be based on solid information. In the case of ijmā in purely mental issues, they have disputed over the issue. While some Ahl al-Sunnah scholars stated that since purely mental matters were certain knowledge and therefore don’t need ijmā, they also ruled that because the mujtahids could get this knowledge from religious texts, therefore ijmā could occur in mental matters as well. (shrink)

This book presents an overview of postmodernism and its social indicators, and of the postmodern condition in consciousness as an indicator of its modification and development. The book brings together philosophical, sociological and cultural approaches towards contemporary societal issues, such as multiculturalism, culture of dialogue, philosophy of dialogue, tolerance, and gender. In doing so, it suggests a framing approach to cross-disciplinary research. The book also discusses various forms of multiculturalism, including multiculturalism as multiple modernities and plural modernities, and non-Western contemporaneity. (...) It explores the background of the dynamics of the development of public consciousness, in particular from the modern to postmodern, and subsequently examines the West/non-West dichotomy and how that dichotomy is currently being reconsidered in response to the intellectual-spiritual realities of modern life. (shrink)

While many film theorists declare Agamben as, in equal part, a Deleuzian film theorist, I pose that, through this Benjaminian lens, we can parse distinctive cinematic questions that Agamben exclusively pursues - in particular, cinema's potential as a repurposive counter-dispositif to combat dominant forms via critique. This is not to suggest that parallels do not exist between Agamben and Deleuze’s approaches: as Meillassoux has noted, Deleuze's logic of representation (also known as "correlationism") develops an "image of thought that attempts to (...) overcome the binary separation” between matter and spirit, mind and body. Furthermore, Agamben is unequivocally astricted to the Bergson-bound Deleuzian tradition of "untimeliness," whereby cinema extricates "the fallacious psychological distinction between image as psychic reality and movement as physical reality." Furthermore, both Agamben and Deleuze are committed to a notion of "cinema-thought," as Jean-Luc Nancy terms it, or haecceities of Oneness—a commitment to cinema-as-immanence, or indexing thought, rather than mediating it via hermetic historicism. However, Agamben's concept of gesture, as a prelinguistic mode of communication, suspends the symbolic, replacing taxonomy and, therefore, offers a sublime breach: "Gesture is the communication of a potential to be communicated." In other words, Agamben’s gesture is something of an “enigmatic signifier,” insofar as it is impregnated with a primitive and unconscious meaning. (shrink)

This paper argues for a metacognitive reading of Kant’s doctrine of ‘aesthetic ideas’, according to which they enjoy the functional role of licensing a theory of art interpretation. I begin by offering a textualist reading of Kant’s doctrine of ‘aesthetic ideas’ and contest the received ‘semantic paradigm’ according to which aesthetic ideas either approximate the form or content of a rational idea. After showing the relationship between aesthetic ideas and artistic interpretation, I assess whether Kant’s theory delivers what we want (...) from a theory of artistic interpretation. I subsequently show how Schelling’s conception of artistic production and reception in the System of Transcendental Idealism (1800) draws from Kant’s doctrine of ‘aesthetic ideas’. After analyzing the relationship between Kant and Schelling’s accounts of art interpretation, I evaluate which account we ought to prefer. (shrink)

Review of Alison Laywine's Kant's Transcendental Deduction (2020) alongside Béatrice Longuenesse's I, Me, Mine: Back to Kant and Back Again (2017).

A book review of The Michel Henry Reader, edited by Scott Davidson and Frédéric Seyler.

Alasdair MacIntyre criticizes the modern morality for having emotivist features and in his cent- ral book After Virtue he points out that David Hume is the main personality who provides these emotivist contents to the modern morality. According to MacIntyre, Hume’s and the modern emotivist moral philosophy include fundamental contrasts generally with the classical moral tradition particularly with Aristotle’s moral philosophy. However, MacIntyre underlines these contrasts in After Virtue, he in his other texts out of After Virtue, distinguishably brings Hume (...) and Aristotle together as they both have similar standpoints about how to understand morality. Therefore, MacIntyre’s interpretation on Hume needs to be examined with a perspective poin- ting these two different and seemingly mutually exclusive aspects. Putting together these two perspectives, this article aims to construct a holistic comprehension about MacIntyre’s placing Hume in the modern emotivism. (shrink)

The use of nationalist discourse in the second Chechen War and the Russian violations of human rights have reconfigured Russian politics along a more nationalist direction. Certainly, this is a setback to Russia’s democratic transition process, which has been already complicated by pragmatic politicians seeking to maximize their power and wealth at the expense of masses.In the initial stage of the post-Soviet transition in Russia, the rhetoric of the international community held that Russia needed to be transformed into a law-abiding (...) state with a “civil society.” However, the Chechen campaign undermines both the rule of law and the autonomy of civil society. The style of justification of the Chechen campaign suggests that Russia’s problems in the post-Soviet transition are not diagnosed well by the Russian political elite. By seeking to raise the appeal of nationalism, the Chechen war has further inceased uncertainty over the political orientation of the post-Soviet Russia.However, it would be unfair to blame only on Moscow for all human fights abuses in Chechnya. In fact, radical and terrorist groups in Chechnya destabilized the region to the extent that Moscow found it both necessary and easier to resort to military force. In fact, at the root of the problems in Chechnya, one could identify the difficulty of the Chechens in developing a social, cultural and political foundation for stable political structures, a foundation which could bring together the Chechens around moderate political values, and marginalize radical groups. Unfortunately, it seems that innocent civilians, regardless of their ethnic origins, will suffer from human rights abuses until such political institutions develop. (shrink)

Federal arrangements have been considered by some thinkers as a panacea for containing ethnic nationalism in the ethnically defined regions. This article challenges this view by arguing that federal institutions may enable ethnic nationalists in the ethnically defined regions to consolidate their power through the guarantees that they receive from the federal centre. Although the post-Soviet Russian leadership under Boris Yeltsin sought to use federalism as a tool for containing ethnic nationalism, Russia's this experiment with federalism demonstrates that federalism may (...) serve not to contain but to strengthen ethnic nationalism. Disillusioned with Yeltsin's failed use of federalism in containing ethnic nationalism, the overwhelming majority of the Russian people supported Vladimir Putin's anti-federalist reforms since 2000 which made federalism redundant in Russia. While undermining the basis for Western style democracy in Russia, Putin's centralism proved to be more effective than Yeltsin's federalism in containing ethnic nationalism. (shrink)

One of the most influential figures in the history of Islamic thought is Fakhr al-Dīn al-Rāzī (d. 606/1210). The identities of mushakkik, which creates problems on many subjects, especially metaphysical and theological ones, the muhaqqiq who tries to solve the problems above the sects, and the jâmî who brings many different views together in the highest concepts, have seriously affected all the thinkers after him. Therefore, in the tradition, all schools had to inherit the philosophical and scientific dynamism that he (...) created and displayed an attitude about the problems he created and the solutions he offered. The real important motive that makes Râzî so indispensable and effective is his problematic identity (mushakkik), which carries the kalām to philosophy and philosophy to kalām, and criticizes philosophy on the basis of the kalām, and the kalām on the basis of philosophy. For this reason, when we look at the works of Râzî, who has been evaluated politically and sociologically within Ash'arism throughout his life, it is clearly seen that he is a thinker who is suitable to be embraced by different schools and to be interpreted in different ways. The fact that many Ahl as-sunnah theologians emphasized the works written by Râzî with a theological-Ash'ari theme, caused his supra-sectarian identity to be overshadowed. On the other hand, it is seen that some thinkers are making an effort to know and recognize Râzî as a philosopher-theologian and muhaqqiq. This effort is clearly seen especially in scientific figures who benefited from Kamaladdin Ibn Yûnus (d. 639/1242) in some way. Afḍal al-Dīn Khūnajī (d. 646/1248), Athir al-Din al-Abharî (d. 663/1265), Najm al-Din al-Qazwinî al-Kâtibî (d. 675/1277) can be given as examples. These personalities, on the one hand, played an active role in the spread of Râzî's scientific heritage and they were effective in bringing Râzî to the fore with his supra-sectarian identity on the other. Sirāj Al-Dīn Al-Urmawî (d. 682/1283), who inherited his scientific legacy, is among the important names who established his identity as a muhaqqiq who mostly solved supra-sectarian problems. Human actions are at the forefront of the issues in which this facility has clearly emerged. Urmawî tries to revise al-Arba'în's expressions, which seem to ignore the power and influence of human beings in terms of human actions as well as criticizing Razi's arguments very seriously. In his work Lübâb, on the one hand, he summarizes al-Erba'în of Razî he seriously criticizes Razi's Ash'ari attitude towards human actions on the other. He does this largely on the axis of the arguments that Râzî himself expressed from his encyclopedic works such as al-Matâlibu'l-'âliyya mina'l-'ilmi'l-ilâhi. It is clear that this is not an ordinary situation. Because human actions are at the forefront of the issues that determine the thinkers' conception of divinity and the relationship between God and man. In this study, Râzî's attitude on this issue and Urmavi's philosophical and theological criticisms will be tried to be determined. Thus, it is clearly seen that he is trying to establish Râzî as a muhaqqiq in the axis of human actions. (shrink)