This article explores how legal treatises (rasāʾil) were essential sites for the development and expansion of Islamic legal schools’ (madhāhib) positions. The rasāʾil, along with legal dicta (fatāwā)—besides legal commentaries (shurūḥ) and manuals (mutūn)—were among the prime loci where jurists contended with rapid social, political, and economic changes. Although these legal treatises were written to address specific sociolegal issues, I argue that the treatise—as a separate genre—provided a creative space for jurists to reaffirm, restate, or advance a new opinion in (...) the school. These legal treatises were carefully considered and extensively referenced in the authoritative works of the school for their updated legal positions, practical utility for judges in courts, and relevance for official policy purposes. To demonstrate this dynamic, I present a close reading of two legal treatises by Maḥmūd Efendī al-Ḥamzāwī (d. 1887), a key Ḥanafī authority and judge, and the muftī of Damascus (1867–1887). The first covers the issue of criminal law procedures in Islamic/Ottoman courts and the second addresses the topic of hunting with rifles. Both treatises expanded the legal positions of the Ḥanafī school by incorporating new justifications, qualifications, and information. They offer an essential perspective on the status of this genre of legal writing through an exposition of a range of emerging issues in the late nineteenth century. (shrink)

This article argues that Georg Simmel's ideas on secrecy can shed new light on current debates around the relevance or otherwise of privacy as a protection against surveillance interventions. It suggests an interactional approach to privacy, and considers it as a dynamic process which redefines the boundary between what information should be disclosed and what information should be concealed in every social interaction. Simmel argues that this "natural" process relies on the identification of the interlocutor: her psychological/emotional involvement in the (...) relationship, her social position in society and the representation of her expectations. Recent empirical examples show that this interactional perspective may have the potential to reconcile differing privacy accounts, by linking theoretically different levels that are factually distinct: privacy as a collective fact, as a contextual integrity, and as an individual fact. (shrink)

I argue that the modernist notion of a human self cannot easily be post-modernistically rejected because the need to view an individual life as a unified 'narrative' with a beginning and an end is a condition for asking humanly important questions about its meaningfulness. Such questions are central to philosophical anthropology. However, not only modern ways of making sense of life, such as linear narration in literature, but also premodern ones such as tragedy, ought to be taken seriously in reflecting (...) on these questions. The tradition of pragmatism has tolerated this plurality of the frameworks in terms of which we can interpret or 'structure' the world and our lives as parts of it. It is argued that pragmatism is potentially able to accommodate both the plurality of such interpretive frameworks-premodern, modern, postmodern — and the need to evaluate those frameworks normatively. We cannot allow any premodern source of human meaningfulness whatsoever to be taken seriously. Avoiding relativism is, then, a most important challenge for the pragmatist. (shrink)

It is often assumed that adaptation — a temporary change in sensitivity to a perceptual dimension following exposure to that dimension — is a litmus test for what is and is not a “primary visual attribute”. Thus, papers purporting to find evidence of number adaptation motivate a claim of great philosophical significance: That number is something that can be seen in much the way that canonical visual features, like color, contrast, size, and speed, can. Fifteen years after its reported discovery, (...) number adaptation’s existence seems to be nearly undisputed, with dozens of papers documenting support for the phenomenon. The aim of this paper is to offer a counterweight — to critically assess the evidence for and against number adaptation. After surveying the many reasons for thinking that number adaptation exists, we introduce several lesser-known reasons to be skeptical. We then advance an alternative account — the old news hypothesis — which can accommodate previously published findings while explaining various (otherwise unexplained) anomalies in the existing literature. Next, we describe the results of eight pre-registered experiments which pit our novel old news hypothesis against the received number adaptation hypothesis. Collectively, the results of these experiments undermine the number adaptation hypothesis on several fronts, whilst consistently supporting the old news hypothesis. More broadly our work raises questions about the status of adaptation itself as a means of discerning what is and is not a visual attribute. (shrink)

In memory of Professor Louise Marcil, from the University of Montreal, who died prematurely in April 1995, this special issue of Dialogue is dedicated to Equality. In addition to presenting the various contributions, the Introduction traces the main strands of Louise Marcil's work on equality. The impressive corpus of her writings on the subject is characterized throughout by sensitivity to the historical and conceptual complexity of egalitarian theories and policies and by a depth of scholarship, the richness of which defies (...) classification into traditional philosophical schools. Moreover, far from being merely abstract scholarship, this work was clearly intended to strengthen actual egalitarian social projects, to which Louise Marcil was passionately committed. The contributions to this special issue of Dialogue have been selected in large part to reflect the diversity and scholarly standards of Louise Marcil's approach to equality as well as its engaged spirit. (shrink)

Magna Carta is one of the most important illustrations of the exceptionalism of English common law. Within a completely feudal framework it gave the clearest possible articulation to the concept of the rule of law and at the same time it also showed that there were certain basic rights which every freeman enjoyed without any specific conferment by the king. From English perspective, continental European law after the process of the reception of Roman law was commonly regarded to be apart (...) and different from the English legal tradition, as well as being perceived to pose a continual threat. The English Parliament constantly turned down royal attempts to emulate the continental reception of Roman law by characterizing it as something entirely foreign to English law. Roman law was supposed to promote an authoritarian and absolutist vision of the relationship between rule and subjection and this was expressed in the famous phrases 'princeps legibus solutus' and 'quod principi placuit legis habet vigorem'. Roman law was also anti-feudal, because one of its main principles that all power originated from one central source was the antithesis of the distribution of power over multiple centers, which was a crucial element of the feudal society. Many English historians have held the view that the English law is democratic, whereas the continental tradition is undemocratic and authoritarian, and this is why the Roman law succeeded on the Continent and failed in England. (shrink)

In the Medieval period, Roman law and canon law formed ius commune or the common European law. The similarity between Roman and canon law was that they used the same methods and the difference was that they relied on different authoritative texts. In their works canonists and civilists combined the ancient Greek achievements in philosophy with the Roman achievements in the field of law. Canonists were the first who carried out research on the distinctions between various legal sources and systematized (...) them according to a hierarchical order. The Medieval civilists sought solutions in canon law for a large number of problems that Justinian’s Codification did not hinge on or did it only superficially. Solutions offered by canon law were accepted not only in the civil law of Continental Europe, but also in the English law. (shrink)

In this paper the authors present the psychological consequences of social isolation on domestic violence during the Covid-19 pandemic as well as the legal framework in the RNM on addressing the phenomenon of domestic violence. In this age of globalization and drive for material conformity, family life is quite difficult to cope with. This “war” for material comfort during the pandemic, has strained and stressed many families as a result of the created circumstances. Public safety measures, including physical distance and (...) social isolation, which have also been implemented in the RNM have contributed in making family problems even more pronounced. Social distance and staying at home are very effective in reducing the transmission of Covid-19 virus, but these safeguards disrupt the routines of spouses and families. Domestic violence affects a large number of families, and it is estimated that in times of social isolation, all forms of violence have been inflicted against family members regardless of their gender and age. The most common forms of domestic violence during Covid-19 pandemic in our country are psychological, physical and economic violence. Some countries affected by Covid-19 have seen increases in levels of domestic violence, including violence against children, violence against partners, and violence against the elderly. This paper presents the results of research conducted which highlight the fact that during the Covid-19 pandemic, there has been an increase in levels of domestic violence in the Republic of North Macedonia in the first six months of 2020. The authors give their recommendations on the need for action by state institutions during the Covid-19 pandemic in order to adapt methods and circumstances towards the protection of victims of domestic violence. (shrink)

This volume is based on papers presented at the XV Internordic Philosophical Symposium in Helsinki in May, 2004. It covers a number of important and timely philosophical issues: naturalism - its strengths, weaknesses, and limits - in metaphysics, epistemology, and the philosophy of science; the relation between philosophical and scientific methodology; the ethics of science and, more generally, the place of science in society; the relation between the natural sciences and the humanities; as well as the ways in which scientific (...) progress may challenge traditional philosophical concepts and problems and, on the other hand, the ways in which philosophical arguments and/or artistic innovations - or philosophical interpretations of them - may challenge some claims made in the name of science. In addition to several Scandinavian authors, a number of leading philosophers from outside the Nordic countries are among the contributors to this volume. This collection of original articles thus contributes to the current lively philosophical debates on the relations between science, philosophy, and society. (shrink)

It is thought that just as hunger itself, the expectancy to eat impacts attention and cognitive control toward food stimuli, but this theory has not been extensively explored at a behavioral level. In order to study the effect of expectancy to eat on attentional and cognitive control mechanisms, 63 healthy fasting participants were presented with an affective priming spatial compatibility Simon task that included both food and object distracters. The participants were randomly assigned to two groups: an “immediate expectancy” group (...) made up of participants who expected to eat immediately after the task and a “delayed expectancy” cohort made up of individuals who expected to eat a few hours later. Slower reaction times toward the food and non-food distracters and a more pronounced effect on the RTs in the incompatible condition [i.e., the Simon effect ] were noted in both groups. The effect of the food and non-food distracters on the RTs was more pronounced in the immediate with respect to the delayed expectancy group. The magnitude of the SE for the food and the non-food distracters was also greater in the immediate with respect to the delayed expectancy group. These results seem to indicate that when the expectancy to eat is short, the RTs are delayed, and the SE is more pronounced when food and non-food distracters are presented. Instead, when the expectancy to eat is more distant, the distracters have less of an effect on the RTs and the correspondence effect is smaller. Our results suggest that the expectancy to eat can modulate both attention orienting and cognitive control mechanisms in healthy fasting individuals when distracting details are competing with information processing during goal directed behavior. (shrink)

Pragmatism mediates rival extremes, and religion is no exception: The problems of realism versus antirealism, evidentialism versus fideism, and science versus religion, along with other key issues in the philosophy of religion, receive new interpretations when examined from a pragmatist point of view. Religion is then understood as a human practice with certain inherent aims and goals, responding to specific human needs and interests, serving certain important human values, and seeking to resolve problematic situations that naturally arise from our practices (...) themselves, especially our need to live with our vulnerability, finitude, guilt, and mortality. (shrink)

This book examines the issue of moral realism from a pragmatist point of view, drawing attention to our human practices of ethical evaluation and deliberation. It defends the essentially ungrounded and humanly fundamental place of ethics in our thought and action. Ethics must remain beyond justification and ubiquitous in our human form(s) of life.

Je n'examinerai, au cours de cet article, que I'un des aspects du matérialisme de Diderot: la physionomie du théoricien de la nature, de l'auteur de I' Interprétation de la Nature, du Rêve de d'Alembert. Ces oeuvres versent au dossier du développement de la philosophie des sciences de la nature, une doctrine, le materialisme; une methodologie; un programme de recherche. Mais sur ce sujet on ne peut guere separer la réflexion de Diderot de celle de son ami d'Holbach, réflexion qui lui (...) est complementaire. D'Holbach rencontre les thèses de Diderot et surtout les systématisent. L'enjeu principal de cette systématisation est la diffusion des idées et du programme du « parti des philosophes ». Il s'agit de mettre à la disposition du combat encyclopediste le nouveau Discours de la méthode des sciences expérimentales, sous forme manipulable d'un code, le Code de la Nature. « Système de la Nature », l'expression empruntee au titre de l'ouvrage célèbre du baron, paru en 1779, manifeste cette intention polémique/politique. D'Holbach nomme ainsi son ouvrage, même si à cette époque on entend par opposition au mathematisme cartésien, s'entenir, contre tout système, à l'expérience, à la leçon des faits. (shrink)

Il s'agit de montrer l'équivocité de la notion de substance quand on la prend à la fois chez Descartes et chez Leibniz, et de comparer à propos de ce problème les positions des deux philosophes. La question est abordée sous l'angle du rapport entre les modifications de rôle et de sens de la notion de substance telle qu'elles apparaissent chez les deux représentants des tendances constitutives de l'epistême classique. La confrontation sert à préciser, d'une part, les déterminations ontologiques du maintien (...) de cette notion dans les problématiques respectives de Descartes et de Leibniz; d'autre part, elle vise à alimenter d'une pièce supplémentaire le débat sur la différence entre les enjeux du rationalisme cartésien et celui leibnizien.We will first examine the manner in which Descartes and Leibniz each defines the notion of substance; then the meaning that each of these authors attributes to this notion; finally, we shall analyze the relations between substances in their respective systems. This comparison should serve to throw light on the ontological determinations of this notion as it appears in the respective systems of Descartes and Leibniz as well as to differenciate between the rationalism of each to them. (shrink)

Este artigo pretende abordar a representação que Platão fez do personagem mítico. O objetivo é responder à seguinte questão: como Platão representou Orfeu? Assim, de acordo com esta pergunta traçamos três objetivos para chegarmos à conclusão. O primeiro objetivo tem como meta principal apresentar obras literárias antigas nas quais Orfeu é citado. Isto nos permitirá ter uma perspectiva interna do mundo antigo sobre este personagem, ajudando no momento de julgar a representação feita por Platão. O segundo objetivo traz as citações (...) que Platão fez com o nome de Orfeu. Neste ponto apenas indicamos as obras e seus respectivos contextos internos. Isto é útil para localizarmos as passagens e situações literárias nas quais Platão fez uso do nome do poeta mítico. E na última parte refletimos sobre os motivos que levaram Platão a citar Orfeu. Nosso resultado é que o filósofo ateniense faz uso literário do personagem em pelo menos dois sentidos, metafórico e poético. Porém, e acima de tudo, Platão faz uso alegórico do nome de Orfeu ao encontrar nele características que são próprias dos sofistas do século IV. Nossa metodologia foi essencialmente bibliográfica e interpretativa. Na conclusão mostramos que o mito de Orfeu foi retrabalhado por Platão de forma criativa e livre, mantendo a fama e glória comumente associadas a este personagem e também o relacionando a novos atores da vida cultural grega. (shrink)

The visual system adapts to a wide range of visual features, from lower-level features like color and motion to higher-level features like causality and, perhaps, number. According to some, adaptation is a strictly perceptual phenomenon, such that the presence of adaptation licenses the claim that a feature is truly perceptual in nature. Given the theoretical importance of claims about adaptation, then, it is important to understand exactly when the visual system does and does not exhibit adaptation. Here, we take as (...) a case study one specific kind of adaptation: visual adaptation to size. Supported by evidence from four experiments, we argue that, despite robust effects of size adaptation in the lab, (1) size adaptation effects are phenomenologically underwhelming (in some cases, hardly appreciable at all), (2) some effects of size adaptation appear contradictory, and difficult to explain given current theories of size adaptation, and (3) prior studies on size adaptation may have failed to isolate size as the adapted dimension. Ultimately, we argue that while there is evidence to license the claim that size adaptation is genuine, size adaptation is a puzzling and poorly understood phenomenon. (shrink)

In this article, I compare two varieties of abduction as reconstructive models for analysing discovery. The first is 'Hansonian abduction', which is based on N. R. Hanson's formulations of abduction. The other is 'Harmanian abduction', the Inference to the Best Explanation (IBE) model, formulated especially by Gilbert Harman. Peter Lipton has analysed processes of discovery on the basis of his developed form of Harmanian abduction. I argue that Hansonian abduction would, however, be a more apt model for this purpose. As (...) an example, I reconstruct, in a Hansonian manner, Ignaz Semmelweis's research on childbed fever and compare it to the IBE reconstruction of Lipton. I argue that Hansonian abduction is in accordance with Lipton's aim of taking into account the distinction between actual and potential explanations on the one hand, and between likely and lovely explanations on the other. I maintain that a developed version of Hansonian abduction combined with loveliness gives an important, new conceptual means for analysing processes of discovery. (shrink)

El presente trabajo aborda el problema de la infancia dentro de la filosofía mo- derna y contemporánea, así como la relación conceptual que ésta tiene con la literatura, en especial, con lo que se analiza como novela infantil y novela familiar. Con apoyo de algunas ideas de Deleuze y Guattari, así como de Schérer y Hocquenghem, a la par de fragmentos de novelas, se busca establecer una crítica a las nociones de ontología y libertad establecidas en torno a la infancia (...) por la modernidad. Esta crítica permitirá comprender la infancia y su posible emancipación como alternativa plástica para crear nuevas subjetividades o experiencias políticas dentro del mundo. (shrink)

I argue that the modernist notion of a human self cannot easily be post-modernistically rejected because the need to view an individual life as a unified ‘narrative’ with a beginning and an end is a condition for asking humanly important questions about its meaningfulness. Such questions are central to philosophical anthropology. However, not only modern ways of making sense of life, such as linear narration in literature, but also premodern ones such as tragedy, ought to be taken seriously in reflecting (...) on these questions. The tradition of pragmatism has tolerated this plurality of the frameworks in terms of which we can interpret or ‘structure’ the world and our lives as parts of it. It is argued that pragmatism is potentially able to accommodate both the plurality of such interpretive frameworks—premodern, modern, postmodern—and the need to evaluate those frameworks normatively. We cannot allow any premodern source of human meaningfulness whatsoever to be taken seriously. Avoiding relativism is, then, a most important challenge for the pragmatist. (shrink)

This essay examines critically a number of characteristics of transcendental philosophy. The question, 'What, if anything, distinguishes transcendental philosophy and transcendental arguments from other types of philosophy and argument?', is given a negative answer: nothing, no essential thing, demarcates transcendental argumentation or philosophy from other kinds of philosophical reflection. In particular, argumentative structure alone is not a defining feature of transcendental philosophy. Illustrative examples of recent debates on the meaning and philosophical relevance of the 'transcendental' are discussed in the essay: (...) e.g., attempts to 'naturalize' the transcendental, Wittgensteinian reflections on the limits of meaningful language, and 'merely methodological' interpretations of Kantian transcendental idealism. Through these case studies, it is shown how transcendental inquiry can be rearticulated in a pragmatist context. (shrink)

We consider a seemingly weaker form of $\Delta ^{1}_{1}$ Turing determinacy.Let $2 \leqslant \rho < \omega _{1}^{\mathsf {CK}}$, $\textrm{Weak-Turing-Det}_{\rho }$ is the statement:Every $\Delta ^{1}_{1}$ set of reals cofinal in the Turing degrees contains two Turing distinct, $\Delta ^{0}_{\rho }$ -equivalent reals.We show in $\mathsf {ZF}^-$ : $\textrm{Weak-Turing-Det}_{\rho }$ implies: for every $\nu < \omega _{1}^{\mathsf {CK}}$ there is a transitive model ${M \models \mathsf {ZF}^{-} + \textrm{``}\aleph _{\nu } \textrm{ exists''.}}$ As a corollary:If every cofinal $\Delta ^{1}_{1}$ set of (...) Turing degrees contains both a degree and its jump, then for every $\nu < \omega_1^{\mathsf{CK}}$, there is atransitive model: $M \models \mathsf{ZF}^{-} + \textrm{``}\aleph_\nu \textrm{ exists''.}$ •With a simple proof, this improves upon a well-known result of Harvey Friedman on the strength of Borel determinacy.•Invoking Tony Martin’s proof of Borel determinacy, $\textrm{Weak-Turing-Det}_{\rho }$ implies $\Delta ^{1}_{1}$ determinacy.•We show further that, assuming $\Delta ^{1}_{1}$ Turing determinacy, or Borel Turing determinacy, as needed:–Every cofinal $\Sigma ^{1}_{1}$ set of Turing degrees contains a “hyp-Turing cone”: ${\{x \in \mathcal {D} \mid d_{0} \leqslant _{T} x \leqslant _{h} d_{0} \}}$.–For a sequence $_{k < \omega }$ of analytic sets of Turing degrees, cofinal in $\mathcal {D}$, $\bigcap _{k} A_{k}$ is cofinal in $\mathcal {D}$. (shrink)

Due to the lack of empirical measures of consumer rights in developing countries in particular, this research aimed to tackle this issue in the context of Jordan. The research adopted a triangulated methodology of initial inductive research work followed by a deductive research approach, implemented empirically. Data were collected from 660 consumers, using a mall intercept method. Multiple statistical techniques were employed for data analysis, using SPSS-23 and a structural equation model. Three key findings emerged from the current research work. (...) First, the results identified six fundamental consumer rights. These were: right to safety; right to be informed; right to be heard; right to choose; right to privacy; and right to redress. These rights were measured on 29 items, based on confirmatory factor analysis results. Second, the status of perceived consumer rights in the study area was not very satisfactory, reflecting a public discontent due to poor consumerism. Third, no significant differences were noticed in consumers’ perception regarding their rights due to their demographic factors. In view of the overall findings, the current authors made several recommendations to both marketing practitioners and public policy makers to improve the quality of consumer rights in the study area. The main contribution of the current research was the development and validation of a measuring scale of consumer rights based on 29 measuring items, structured in six categories. (shrink)

Droit musulman et société au Sahara prémoderne: La justice islamique dans les oasis du Grand Touat aux XVIIe–XIXe siècles. By Ismail Warscheid. Studies in the History and Society of the Maghrib, vol. 9. Leiden: Brill, 2017. Pp. xii + 303. $93, €80.