The Vital Roots of European Enlightenment is a collection of essays dealing with the influence of Ibn Tufayl, a 12th-century Arab philosopher from Spain, on major European thinkers. Had Edward Said known about the impact of Hayy Ibn Yaqzan on Europe throughout the 17th and 18th centuries, he might have reached different conclusions in his book Orientalism.

Bu kitap değerlendirmesi sekiz bölümden oluşan ve İbn Tufeyl’in Hayy b. Yakzan isimli hikâyesinin Batı düşüncesine hangi yönlerden etki ettiğini inceleyen bir kitabı konu edinmektedir. Kitapta Arap-İslam düşüncesinin Hristiyan Batı düşüncesini birçok yönden etkilediği vurgulanmaktadır. Yazar bu etkinin izlerini daha ziyade Batı’da ortaya konulan edebiyat eserleri üzerinden takip etmektedir. Bunun yanı sıra roman karakteri Hayy’ın aile, ırk, millet, din gibi tüm kimliklerden sıyrılmış bir şekilde hakikati tabiat ve akıl vasıtasıyla aramasının da Batı’daki din düşüncesinin gelişimine etki ettiği vurgulanmaktadır.

Where did the right to privacy come from and what does it mean? Grappling with the critical issues involving women and gays that relate to the current Supreme Court appointment, Vincent J. Samar develops a definition of legal privacy, discusses the reasons why and the degree to which privacy should be protected, and shows the relationship between privacy and personal autonomy. He answers former Supreme Court nominee Robert Bork's questions about scope, content, and legal justification for a general right (...) to privacy and pays particular attention to issues involving gays and lesbians. (shrink)

International economic law is peculiar. It claims universal character, yet eschews engagement with many, if not all, the racialised features of the global political economy. Its scholars mostly ignore imperialism, colonialism, and capitalism; they exclude slavery, predation, and racism altogether. In the following article, we draw upon Walter Rodney’s dialectics of development to offer a racial capitalist critique of international economic law. The disciplinary boundaries and operative logic normalised by its denizens corral us in a white, Eurocentric episteme. Ahistoricism, decontextualisation, (...) and externalisation are three epistemic devices at the forefront of the exclusionary discourse of IEL. In this space, the histories and epistemologies of Black peoples are ghettoised, treated as alien to the framework. After identifying this bias, we use the Black Radical Tradition to evaluate IEL’s amenability to the racial capitalism critique. (shrink)

This book explores philosophical ethics in Arabo-Islamic thought.

This article critiques some Islamic approaches to food ethics and the debate over genetically modified food. Food ethics is a branch of bioethics, and is an emerging field in Islamic bioethics. The article critically analyzes the arguments of the authors who wrote in favor of genetically modified organisms from an Islamic perspective, and those who wrote against GMOs, also from an Islamic perspective. It reveals the theological and the epistemological foundations of the two main approaches. Moreover, it provides an attempt (...) to critique what is perceived as an exclusivist and legalistic trend adopted by some authors. It argues that an alternative approach that acknowledges the priority of reason in ethics and is at the same time rooted in Islamic tradition would be more inclusive and constructive. (shrink)

This is a major work of Islamic mysticism by the great thirteenth-century Persian poet, Farid al-Din Attar. Translated by A J Arberry, Attar’s work and thought is set in perspective in a substantial introduction.

We propose a Lorentz-covariant deformed algebra describing a -dimensional quantized spacetime, which in the nonrelativistic limit leads to undeformed one. The deformed Poincaré transformations leaving the algebra invariant are identified. In the classical limit the Lorentz-covariant deformed algebra yields the deformed Lorentz-covariant Poisson brackets. Kepler problem with the deformed Lorentz-covariant Poisson brackets is studied. We obtain that the precession angle of an orbit of the relativistic particle in the gravitational field depends on the mass of the particle, i.e. equivalence principle (...) is violated. We propose a condition for the recovery of the equivalence principle in the space with the deformed Poisson brackets. Comparing our analytical result with the experimental data for the precession angle of Mercury’s orbit we provide an estimation of minimal length. (shrink)

1- The first period of human life in prehistoric times was known as the period of food gathering economy, as it depended on gathering wild plants and hunting animals, and made simple tools and machines from stones and animal bones that were used in hunting, and used tree leaves and animal skins to make clothes. As for the second period, the Neolithic era, it was known as the period of food production economy when he learned agriculture and domesticated animals. Agriculture (...) was initially described as meeting the need and was cultivated in small areas and in one season. 2- When he learned the life of stability and lived in permanent villages, the oldest of which is the village of Jarmo, many tools were found made of flint, stone vessels, spoons and pottery. In addition, the village contained permanent houses and clay ovens for making bread, fireplaces, basins, stoves and clay dolls. 3- Domesticating animals, especially goats, sheep and pigs, benefiting from their meat, cheese, skins and fat to make oils, and domesticating dogs. 4- The most important crops that he cultivated were wheat and barley, and later in other areas he cultivated lentils, flax and legumes. 5- In the Stone Age, he learned fertilization and artificial irrigation. He cultivated large areas and had a surplus in production, which prompted him to make large-sized stores to store the surplus, noting that the stores had existed since the era of Hassouna, but they were small. He also learned trade and the barter system and the discovery of metals. Specialization in work and division of labor appeared, and other crafts and professions appeared. The pottery wheel, spinning and weaving discs, and seals were invented. 6- Wool and hair of sheep and goats and some plants such as flax were used to make clothes using spinning discs. 7- Many pottery vessels of different sizes and shapes were found, and they contained drawings, decorations, engravings, and colors of great precision, some of which were made by hand and others with a pottery wheel. Tools and machines were made of copper. 8- Moving to the south and the emergence of large cities, carrying out irrigation projects, and the emergence of the first systems of government. 9- A change and development occurred in the human mind, benefiting from the natural environment and the wealth it contains that could serve him as a result of the development of social, cultural and economic life. 10- Plant cultivation and domestication were coupled with animal husbandry and domestication, as both complement each other in terms of benefit. Because of them, other crafts and professions emerged, including the manufacture of tools and machines, pottery and weaving. Trade also flourished as a result of an increase in the surplus and the increase in labor. 11- Learning how to extract oils and methods of obtaining them from plants and animals which was of great importance because it had multiple uses, especially in cooking, and the demand for it increased in trade. 12- Plant and animal wealth played an important role in its prosperity and economic recovery, as it represented the backbone of the economy of Mesopotamia. 13- Our information about animals and plants came from cuneiform texts and seals that show scenes of hunting animals, scenes of grazing sheep, scenes of ears of wheat and plants, and from murals on the walls of palaces, scenes of barns designated for raising animals, scenes of relief and three-dimensional sculptures that show domesticated domesticated animals, and scenes of hunting predatory animals. (shrink)

The specific aims of this research study were to examine the differential effect of three different music interventions, namely the interactive music playing therapy, interaction music singing therapy, and receptive music therapy studying the varying latency periods in the response time it took 3-year-old children diagnosed with autism spectrum disorder to elicit the target word vocally; and assess the index of happiness of children with ASD after the implementation of the three music interventions, which can, in turn, be used to (...) influence their overall quality of life through this specific intervention. This study used a combined single-subject research design consisting of delayed multiple baseline across the participants and a multielement design to compare the effects of each music intervention technique targeting the child’s verbal response during playback of a practiced song. Findings demonstrated “singing” to be associated with the lowest latency compared to the other two interventions across participants. Additionally, happiness levels varied from neutral to happy, signifying an overall positive experience during participation in the music applied behavior analysis intervention. (shrink)

Nazariyat, Journal for the History of Islamic Philosophy and Sciences, issued twice a year in English and Turkish (Nazariyat İslam Felsefe ve Bilim Tarihi Araştırmaları Dergisi), is a refereed international journal. It publishes original studies, critical editions of classical texts and book reviews on Islamic philosophy, kalām, theoretical aspects of Sufism and the history of sciences. The goal of Nazariyat is to contribute to the discovery, examination and reinterpretation of the theoretical traditions in the history of Islamic thought, by giving (...) special attention to the post-classical period of it. **ISSN: 2148-8088 E-ISBN: 2547-9415**. (shrink)

A central question that arises when interpreting the U.S. Constitution is which theory of interpretation is the best? In his recent book, “How to Interpret the Constitution,” Cass Sunstein reviews various theories of constitutional interpretation currently in vogue and then offers what he believes would be the best approach going forward. In this Article, I want to take up a more basic question presupposed by the very idea of a theory of interpretation. That is, whether it is even possible to (...) arrive at more than a provisional understanding of what would be the best interpretation in any given area of study, including constitutional law. That said, I do believe some of the interpretations suggested by Cass Sunstein and elsewhere by myself and others to be more persuasive than most others, even if only partially so. For, as Sunstein himself points out, no theory seems perfect to figure out the Constitution’s meaning in every possible world in which we could imagine it to exist. So, we best just focus on our own world or what we take to matter in our world. In keeping with this idea, I plan to begin by looking first at how we might interpret the world around us based on our past experiences by considering a somewhat imaginative recent experience of my own. Next, I consider some recent studies in the neurosciences and a previous but highly influential article by the philosopher Donald Davidson concerning conceptual schemes and whether we could ever hope to make any sense of a scheme radically different from our own. Here it should be pointed out that I will use the word “scheme” when referring to a very broad system of thought for which there may not be much outside, versus when I use the word “framework,” as referencing something far narrower than a whole system of thought, even if what is referenced might purport to be a significant part of a still larger system. My goal is to eventually adopt John Rawls’ public reason method to separate out non-workable systems of thought as might be part of a particular religious or philosophical tradition that cannot be easily tied to any other system of thought easily imagined within a pluralistic society. I plan to do this by relating how Rawls’ public reason might allow for the creation of a moral interpretation of the Constitution adopting the moral theory of Alan Gewirth. The latter I adopt because its grounding does not presuppose any prior moral or religious framework. I then apply that interpretative method to five cases Sunstein believes are fixed points in our current constitutional understanding. In short, I plan to isolate out an area of human rights where even very different understandings of the world might be able to meet, while acknowledging that there will still be other areas that simply evade any common connection. I hope what I offer here to be of help for a theory of constitutional interpretation that focuses on morality, without having to compete with various religious frameworks going forward. (shrink)

In this article I review the Supreme Court’s current use of its major questions doctrine to see if the justifications commonly offered for its existence can explain its current use. In the process of doing so, I examine what the doctrine is about, how it came into existence and how the Court has applied it, especially in context to two recent cases, West Virginia v. EPA and Biden v. Nebraska. As both of these cases implicate the regulatory state, I place (...) the primary focus of this article on how the doctrine should apply in context to judicial evaluation of the regulatory state. In so doing, I discover that the Court’s current reliance on constitutional separation of powers and checks and balances analyses seem too narrow both with respect to the concerns of the founding generation but also, and perhaps more importantly, to the Constitution’s goals for the kind of government it sought to establish going into the future. (shrink)

Calls to decolonise the curriculum gain traction across the academe. To a great extent, the movement echoes demands of the decolonisation era itself, a period from which academics draw both impetus and legitimacy. In this article, we examine the movement’s purchase when applied to the teaching of international law. We argue that the movement reinvigorates debates about the origins of international law, centring its violent foundations as well as its Eurocentric episteme. Yet, like many critical approaches toward international law, the (...) movement is smitten with itself and with the regime. As a consequence, the outcome of its activism and critique is predetermined: both must redeem the Eurocentrism of international law and its associated pedagogy. Calls to decolonise the curriculum ultimately validate the epistemological limitations inherent to a stratified, international order, failing to offer a genuine alternative framework or epistemology. (shrink)

A Gerwithian Framework for Protecting the Basic Human Rights of Lesbian, Gay, Bisexual, and Transgender (LGBT) People.

AIDS and the Politician’s Right to Privacy.

A Moral Justification for Gay and Lesbian Civil Rights Legislation.

The unexpected passing of United States Supreme Court Justice Antonin Scalia left a vacancy on the Court in the midst of a presidential election year. As a result, the appointment process did not proceed in the same fashion as previous appointments. Instead, the Senate declared shortly after Justice Scalia’s death that it would not consider any candidate to fill the vacancy until the next president is elected. The Senate remained steadfast in this decision throughout the remainder of President Obama’s term. (...) -/- This Article analyzes the constitutional questions surrounding the Senate’s refusal to consider any nominee and argues the Senate has a duty to advise and consent in a timely manner. Additionally, it demonstrates how a politically-motivated delay threatens the integrity of the constitutional process for selecting judges, violates separation of powers concerns by politicizing the Court, and contradicts the express intent of the Framers of the Constitution. (shrink)

This Article examines recent claims that the fetus be afforded the status of a person under the Fourteenth Amendment. It shows that such claims do not carry the necessary objectivity to operate reasonably in a pluralistic society. It then goes on to afford what a better view of personhood that could so operate might actually look like. Along the way, this Article takes seriously the real deep concerns many have for the sanctity of human life. By the end, it attempts (...) to find a balance for those concerns with the view of personhood offered that should engage current debates about abortion and women’s rights. (shrink)

In June 2015, in Obergefell v. Hodges, the Supreme Court of the United States determined that there is a fundamental right to marriage that extends to same-sex couples. This Article analyzes the Obergefell decision in light of the Court’s 2014 decision in Burwell v. Hobby Lobby regarding religious protections that might by analogy be afforded under state Religious Freedom Restoration Acts. In particular, the article considers whether a government official may claim the right to religious freedom to deny issuing marriage (...) licenses to same-sex couples. Additionally, the article suggests that a new standard for the separation of church and state may be required. Although the 2015 decision prevents the government from denying marriage to same-sex couples, the decision does not directly affect private businesses that choose not to provide services for same-sex weddings. It may, however, have an important indirect effect if laws are already present that prohibit sexual orientation discrimination. Therefore, the article explores possible avenues for protection from private. (shrink)

The Right to Privacy and the Right to Use the Bathroom Consistent with One’s Gender Identity.

In an era where conditions for education are rapidly changing globally, online assessment presents several opportunities as well as challenges in the higher education landscape. The forceful transition from face-to-face to online assessments, as part of the emergency implementation of online learning due to the COVID-19 pandemic, has affected teaching, learning, and assessment experiences worldwide. This study explores how faculty members in Saudi universities secured their online assessment during phase one of the COVID-19 pandemic. The research aims were: 1) identifying (...) faculty assessment practices before the onset of COVID-19 and comparing these with practices during the pandemic, and 2) identifying the major challenges faced by the faculty members of the study in securing their online assessment to ensure that academic integrity and assessment standards remained intact. Data were collected from seven university professors through a self-reporting survey, followed by semi-structured interviews. The faculty members found the pandemic period to be the best time to change their assessment methods, and incorporate innovative ideas that conformed to both their own beliefs and students’ needs. The factors that influenced the faculty’s assessment alterations were their personal beliefs and learnings from others’ experiences, in addition to the guidelines issued by Saudi Arabia’s Ministry of Education. The results of this study have implications for the development of post-COVID-19 assessment practices and professional development priorities. (shrink)

At the Intersection of Due Process and Equal Protection: Expanding the Range of Protected Interests.

The purpose of this essay is to suggest a new direction in our thinking about substantive due process that recognizes human rights in the lived experience of our fellow human beings. The applicability of the approach, at least for equal protection purposes, was hinted at by the Supreme Court’s majority opinion in Romer v. Evans, but it has never been given full consideration.1 There, Justice Kennedy noted the very real impact of a state group of people. What he did not (...) say is how such an amendment might also impact the self-impression gays and lesbians have of themselves, although this would certainly be part of such an amendment’s impact. Moreover, legal and philosophical research in this area suggests that there may be more here than previously thought. While I do not hope to resolve every philosophical question at the heart of my legal analysis, I do intend to bring forth enough substance to answer the indeterminacy charge levied by certain Supreme Court justices and others concerning which rights should count as “fundamental” under substantive due process in part by looking at the impact such rights have on individual self-esteem. I. (shrink)

Terrorist attacks throughout the world and particularly within the United States have given rise to a new chapter in the ongoing debate over liberty versus security. The most recent manifestation of this dispute focuses on whether Muslim refugees can be denied entry as a class into the United States, based on their religion alone, for fear they might be harboring potential terrorists. This Essay shows that such a policy cannot be justified under the First Amendment Establishment Clause, as well the (...) United States’ expressed international commitments to preserving international human rights. What can be done is to engage a broader set of investigative approaches that are more likely to provide greater security than any policy focused on religion alone. (shrink)

Where did the right to privacy come from and what does it mean? Is there an underlying principle uniting various applications of the right? When privacy conflicts with another right, how does one decide which right takes precedence? And how does privacy relate to the government's 'compelling interest' in protecting the health and welfare of its citizens?

The First Amendment’s Free Exercise and Establishment Clauses were meant to guarantee freedom of religion for all persons living in the United States. This was to be done by ensuring that government could not establish a state religion nor interfere with individual practices and beliefs so long as they did not violate public morals. The idea was to have the two clauses operate together to ensure state separation in matters of religion. However, recent caselaw involving government accommodations to religious organizations (...) has emphasized the Free Exercise Clause with little or no attention afforded the Establishment Clause. As a result, intermediate factors like entanglement, endorsement, general applicability, and neutrality, that previously were used to assist the separation of church and state, are now called into question. This Article attempts to rekindle these factors by attaching a public/private distinction to the way the two clauses are understood, to ensure a more certain and clearer basis for the separation of church and state. (shrink)

The Supreme Court’s antiabortion opinion in Dobbs v. Jackson Women’s Health Org., which overruled Roe v. Wade and Planned Parenthood of S.E. Penn. v. Casey, on the one-hand suggests that the Court may be moving toward eliminating all non-enumerated fundamental rights not deeply rooted in the Nation’s longstanding history and tradition. On the other hand, it may suggest only that the Court might be just opening the door to overruling specific non-enumerated rights with which it no longer agrees. Either way, (...) many long-recognized, non-enumerated, human rights, beyond abortion that are essential to individual autonomy and human dignity are now up for grabs. Such rights in the area of privacy law will most likely include not just abortion, but also contraception, interracial marriage, and the Court’s more recent recognition of same-sex marriage, and possibly still other precedents, including whether states can criminalize adult consensual same-sex behavior in private. More importantly, the proposed foundation for this Court’s potential departure from its past case precedents cannot be justified even by claiming such rights are not deeply rooted in the Nation’s history and tradition. As I hope to show in this article, neither from the point of view of looking to this Nation’s longstanding history and traditions, if properly understood, nor from the point of view of allowing Equal Protection to aide in identifying forms of discrimination not previously recognized or afforded much attention, can departures from past human rights precedents based in autonomy be justified. (shrink)

In this article, I argue that public education should provide a constructive forum for discussing aspects of lesbian and gay lifestyles in both primary and secondary schools. My argument is that such action is necessary to offset the way the dominant culture limits the capacities of gays and lesbians to achieve human self-fulfillment. In making this argument, I recognize that I am going beyond merely promoting social tolerance to legitimizing an actual place for discussion of the needs and interests of (...) gays and lesbians in the society at large. The principles I will apply to make this argument are not specifically situated in legal philosophy (concerning the nature of law and its evaluation), but rather, principles of normative political philosophy (concerning ethical justifications of governmental institutions) as we might find in the Universal Declaration of Human Rights adopted by the UN in 1948. (shrink)

Is the current state of international governance by the United Nations and related organizations a preface to what eventually might become a world government? Is it at all similar to what was the structure of government in the United States after the adoption of the Articles of Confederation in 1781 and before adoption of the Constitution of 1787? Are changes in the way international institutions like the United Nations operate related to changes in our conceptions of the role of these (...) institutions in providing international governance? When governmental institutions prove to be too weak to adequately perform the tasks expected of them is there a natural evolution toward greater centralization of power? If so, might an early sign of this evolution be decisions by public officials that afford greater deference to the decrees of international institutions that previously might have been sidestepped? (shrink)

More than thirty-four years after the United States Supreme Court initially recognized a woman’s constitutional right to choose whether or not to terminate a pregnancy (at least within the first two trimesters) in its landmark abortion decision Roe v. Wade, the issue of whether women ought to have this right continues to affect public debate. Presidential candidates are asked about the issue, and potential Supreme Court nominees and their prior judicial decisions, academic writings, and speeches are thoroughly scrutinized for any (...) inkling of how they would likely rule in a future case on the issue. Perhaps even more important is the way the debate over this issue has impacted federal funding for stem cell research in the United States. Because of moral concerns regarding the personhood status and level of dignity owed to the human embryo as a form of human life, in September of 1999, the National Bioethics Advisory Commission recommended against providing federal funding for the use and derivation of embryonic stem (ES) cells and embryonic germ (EG) cells except when obtained from “cadaveric fetal tissue” or “embryos remaining after infertility treatment.” In this article, I will suggest that the abortion debate and its offshoots into embryonic medical research persist because of a failure to properly separate human personhood from human biology. I will argue further that a proper analysis of the problem will not only enlighten the abortion and fetal tissue research debate, but will have implications for end-of-life issues as well. (shrink)

Is there an independent legal method separate from the political process for handling a constitutional amendment that may be inconsistent with, or contrary to, the basic structure and rights the Federal Constitution currently inaugurates, or are courts stuck with having to accept the amendment on its face? This problem is not unique to the United States. Nor is it the same problem as whether a state constitutional amendment may violate the Federal Constitution. While I initially focus on the U.S. Constitution, (...) I plan, before the end of this piece, to broaden out to other national constitutions as well, and certainly some of the arguments might also apply to state constitutional amendments, as we see with the controversy over the constitutionality of California’s Proposition 8. In this vein, it will make sense to consider cases from other nations, like Kesavananda Bharati v State of Kerala, in which the Supreme Court of India held that the judiciary could strike down amendments to the constitution passed by Parliament that conflict with the constitution’s “basic structure.” The U.S. Supreme Court has never addressed what constitutes the basic structure of the U.S. Constitution. This is the question addressed in this article. (shrink)