What is the point of ideology critique? Prominent Anglo-American philosophers recently proposed novel arguments for the view that ideology critique is moral critique, and ideologies are flawed insofar as they contribute to injustice or oppression. We criticize that view and make the case for an alternative and more empirically-oriented approach, grounded in epistemic rather than moral commitments. We make two related claims: (i) ideology critique can debunk beliefs and practices by uncovering how, empirically, they are produced by self-justifying power, and (...) (ii) the self-justification of power should be understood as an epistemic rather than moral flaw. Drawing on the recent realist revival in political theory, we argue that this genealogical approach has more radical potential, despite being more parsimonious than morality-based approaches. We demonstrate the relative advantages of our view by discussing the results of empirical studies on the contemporary phenomenon of neopatriarchy in the Middle East and North Africa. (shrink)

This paper argues that social media companies’ power to regulate communication in the public sphere illustrates a novel type of domination. The idea is that, since social media companies can partially dictate the terms of citizens’ political participation in the public sphere, they can arbitrarily interfere with the choices individuals make qua citizens. I contend that social media companies dominate citizens in two different ways. First, I focus on the cases in which social media companies exercise direct control over political (...) speech. They exercise quasi-public power over citizens because their regulation of speech on social media platforms implies the capacity to arbitrarily interfere with citizens’ democratic contestation in the political system. Second, companies’ algorithmic governance entails the capacity to interfere with citizens’ choices about what mode of discursive engagement they endorse in their relationships with fellow citizens. By raising the cost of deliberative engagement, companies narrow citizens’ choice menu. (shrink)

This article argues that Bernard Williams’ Critical Theory Principle (CTP) is in tension with his realist commitments, i.e., deriving political norms from practices that are inherent to political life. The Williamsian theory of legitimate state power is based on the central importance of the distinction between political rule and domination. Further, Williams supplements the normative force of his theory with the CTP, i.e., the principle that acceptance of a justification regarding power relations ought not to be created by the very (...) same coercive power. I contend that the CTP is an epistemic criterion of reflective (un)acceptability which is not strictly connected to the question of whether people are dominated or not. I show that there are cases of non-domination that fail the epistemic requirements of the CTP. (shrink)

In contemporary democracies, global capitalism exerts a significant influence over how state power is exercised, raising questions about where political power resides in global politics. This question is important, since our specific considerations about justifiability of political power, i.e. political legitimacy, depend on how we characterize political power at the global level. As a partial answer to this question, I argue that our notion of global political legitimacy should be reoriented to include the structural power of the Transnational Capitalist Class (...) as its subject matter. Structural power is a social relation in which the institutional context makes some agents comply with others’ preferences regardless of actors’ intentional efforts to bring about such outcomes. Even when global business elites do not intentionally exercise power to obtain political control of global governance, their structural power has recognizable effects that partly enforce the world order. To advance my claim, I utilize the radical realists’ argument that the notion of legitimacy is applicable to a broader range of social practices that are beyond dyadic power relations, i.e. rulers intentionally exercising power over subjects. (shrink)

This paper argues that the critique of depoliticization in Mouffe’s agonistic political theory needs to be revised. This is because her account of the political does not succeed in filtering out undesirable forms of politicization such as science denialism and other types of post-truth politics. Mouffe's conception of the common symbolic space does not accomplish the task of limiting extreme pluralism in the absence of certain standards about how to correctly apply the fundamental notions of this space. By drawing on (...) a quasi-Wittgensteinian reading of linguistic normativity, I develop principled but non-universalist limits on politicization that are needed for a healthy, well-functioning democracy. (shrink)

The philosophical debate on the freedom of movement focuses almost exclusively on long-term migration, what I call, migration as settlement. The normative justifications defending border controls assume that the movement of people across political borders, independent of its purpose and the length of stay, refers to migration as settlement. “Global mobility,” “international movement,” and “immigration” are oftenused interchangeably. However, global mobility also refers to the movements of people across international borders for a short length of time such as travel, short-term (...) and circular migration. While most scholarly attention has focused on long-term migration, the vast majority of cross-border movement of people (approximately 85% of all cross-border movements in 2019) is short-term. The existing literature offers normative arguments for border controls, which are grounded on states’ right to self-determination, the freedom of (dis)association, the welfare state, the duty to compatriots, and brain drain. In this paper, I argue that these arguments do not justify excluding travelers, short-term and circular migrants from the territory. (shrink)

This paper argues that instituting Citizen Boards of Governance (CBGs) is the optimal strategy to democratically contain Big Tech’s algorithmic powers in the digital public sphere. CBGs are bodies of randomly selected citizens that are authorized to govern the algorithmic infrastructure of Big Tech platforms. The main advantage of CBGs is to tackle the concentrated powers of private tech corporations without giving too much power to governments. I show why this is a better approach than ordinary state regulation or relying (...) on market mechanisms. My proposal follows from the critique of Big Tech’s concentrated powers, and explains how this justifies democratizing algorithms in the digital public sphere. My approach thus speaks to a core commitment in democratic theory: enhancing the autonomy of the public sphere from the centers of powers in modern societies, be it corporations or governments. (shrink)

This study examines the multi-contextual dynamics of refugee entrepreneurship through the lens of embeddedness. It attempts to explain the interplay of inclusion and exclusion within a host society. For this purpose, the study qualitatively analyses the narratives of 39 Syrian refugee entrepreneurs and four critical informants in Türkiye. Our findings reveal a diverse set of refugee entrepreneurs, categorized into survival, ethnic-targeting, and integrating entrepreneurs, based on their motivations and level of embeddedness. Interestingly, as refugee entrepreneurs become more embedded in the (...) host country, they experience increased exclusion due to various societal factors. To navigate these challenges, entrepreneurs continually negotiate their societal position using innovative strategies to combat exclusion. Our study incorporates social, political, institutional, and spatial contexts across host, home, and third countries. Thus, it extends the embeddedness literature by highlighting refugee entrepreneurs' multi-layered and multi-locational embeddedness. Our findings also emphasise the significant role of political embeddedness, which Research often overlooks. Differentially excluding refugee entrepreneurs from society and their counter-strategies are closely tied to their limited political embeddedness. Finally, we discuss the ethical and policy implications of promoting the inclusion of refugee entrepreneurs and contributing to the United Nations' Sustainable Development Goals. We argue that clear integration policies, removal of institutional barriers, and international cooperation are necessary. (shrink)

Defeasibility theories aim to reach a plausible definition of knowledge by finding strategies to exclude true beliefs based on faulty justifications. Different philosophers have advanced with their own understandings of undefeated justification. Zagzebski indicates that the strong defeasibility condition violates independence between truth and justification because undefeated justification never leads to false beliefs. Following this, Zagzebski and some other philosophers who pursue a similar line of reasoning conclude that undefeated justification entails truth. In this paper, I argue that the truth (...) condition is not superfluous by presenting an example of undefeated justification that does not entail truth. My claim is that beliefs about metaphysical questions can have undefeated justifications. Nonetheless, such undefeated justifications are not capable of assigning truth to the beliefs that they support. Sarsılabilirlik kuramları makul bir bilgi tanımına ulaşabilmek için hatalı gerekçelendirmelere dayalı doğru inançları eleme stratejisini güder. Farklı felsefeciler kendilerine özgü sarsılabilirlik anlayışları geliştirmiştir. Sarsılmaz gerekçelendirmeler hiçbir zaman yanlış inançların dayanağı olmadığından Zagzebski katı sarsılabilirlik şartının inancın doğruluğu ile gerekçelendirilmesi arasındaki bağımsızlığı ortadan kaldırdığını ifade eder. Bunu takiben, Zagzebski ve yine benzer görüşleri savunan bazı felsefeciler sarsılmaz gerekçelendirmenin zorunlu olarak doğruluğu beraberinde getirdiği sonucuna varır. Bu makalede, sarsılmaz gerekçelendirmelerin her zaman doğru inanca ulaşmaması durumuna örnek göstererek, doğruluk koşulunun lüzumsuz olmadığını iddia ediyorum. İddiama göre metafizik sorulara ilişkin inançlar sarsılmaz gerekçelendirmelere sahip olabilirler. Buna rağmen söz konusu gerekçelendirmeler destekledikleri inançlara doğruluk atfedemez. (shrink)

Even though there is an ineluctable abyss between Analytic and Continental Philosophy, it is not hard to argue that in his later works Ludwig Wittgenstein draws a closer philosophical attitude to the latter in terms of that the notions developed by him, such as language-games, family resemblances, meaning-in-use or rule-following, apart from his earlier nomological approach to language, leave room for various understandings and uncertainty in language. In the present work, my primary task is to concentrate on the close relationship (...) between the Wittgenstein’s notion of family resemblances and Gadamer’s idea of the fusion of horizons. But both philosophers, coincide in criticizing the authority of the Cartesian subject and private language and in allowing different understandings and uncertainty in language. Starting from this point of view, the linguistic turn, I will turn my remarks on the question how we learn color concepts since the structure of these concepts radically differs from the words that are able to subject to ostensive definitions. This last section will also offer a hermeneutical reading of Wittgenstein’s notion of family resemblances. (shrink)

Ömer Nasuhî Bilmen, daha çok dinî ilimler alanındaki eserleriyle temayüz etmis bir din âlimi olmakla birlikte, edebiyat alanında da çesitli eserler telif etmis bir ediptir. Arap, Fars ve Türk edebiyatları alanlarında derin bir birikime sahip olan Bilmen, dinî ilimler ile ilgili eserlerinde de bu birikimini degerlendirmis ve dinî konuları açıklarken zaman zaman Arap, Fars ve Türk edebiyatlarından bazı alıntılara yer vermistir. Dinî ilimlere dair olan eserleri arasında edebî birikimini en çok yansıttıgı kitabı hadis alanında kaleme aldıgı Hikmet Gonceleri’dir. Çalısmamızda Ömer (...) Nasuhî Bilmen’in bu eserinde hadisleri açıklarken Fars edebiyatından yaptıgı alıntılar ele alınmıstır. Bu alıntıların Farsça metinleri Fars alfabesiyle, okunusları da transkripsiyon alfabesiyle verildikten sonra Türkçe çevirilerine yer verilmis ve bunların kaynakları önemli ölçüde tespit edilerek belirtilmistir. (shrink)

Bu makale, 20. yüzyıl hermenötiğine yön veren Rudolf Bultmann ve Hans-Georg Gadamer’in kesiştikleri noktaları tespit ederek biri teolog diğeri filozof bu iki hermenötikçinin mekânsal ve metinsel etkileşimlerine değinmeyi ve hermenötik anlayışlarındaki temel anlaşmazlıklarını değerlendirmeyi amaçlamaktadır. Marburg’da geçirdikleri yıllarda hem klasik metinleri birlikte okuma ve yorumlama faaliyetine girişmiş hem de dönemin zirve ismi Martin Heidegger’in felsefesini kendisinden bizzat sahiplenmiş olan Bultmann ve Gadamer, hermenötiğin 20. yüzyılda teoloji, felsefe, tarih ve edebiyat gibi farklı kanallardan disiplinler üstü bir alana dönüşmesini sağlamışlardır. Bu iki (...) düşünür, tüm farklılıklarına ve anlaşmazlıklara rağmen, Heidegger’in varoluşçu felsefesi ve nesnelleştirici düşünce eleştirisini —kutsal olsun ya da olmasın— klasik ve saygın metinlerin alımlanmasına ve çağdaş okurun bu eserleri nasıl temellük ettiğine yönelik hermenötik usullerin tespitine dönüştürmüştür. Böylelikle tarihsel metinler şimdi ve burada bulunan okur için yeniden canlanacak, aralarında sahici bir diyalog oluşacaktır. Sonuç olarak, teolog Bultmann ve filozof Gadamer’in çalışmalarıyla hermenötiğin alameti farikası iyiden iyiye klasik ve saygın metinlerin nasıl daha etkin okunacağına yönelik bir usul teklif etmek olmuştur. Bu makalenin amacı da bu teklif var eden Bultmann ve Gadamer’in bir ömürlük muhabbetinin izlerini sürmek ve ilahiyattan felsefeye, tarihten edebi teoriye kadar geniş bir akademik sahaya yayılan çakışma ve çatışma dinamiklerini göstermektir. (shrink)

In recent public administration literature, much attention is paid to changes in public service values, including ethical values, that guide public service. This paper reports on the results of an empirical survey conducted among a group of Turkish governors and district governors (including those in service and retired) who are from different generations. By focusing on the transformation of value preferences of Turkish governors and district governors, this study tries to identify variations in values, particularly about public service ethics, in (...) accordance with the age and the length of tenure in public service. The findings of the research show a traditional and more or less consistent value pattern for Turkish governors and district governors. The most important public service values expressed by the respondents are consistent with often-mentioned crucial public service values in the literature. New or emerging values have not been present enough among the most important public service values. In brief, the results do not lend support to the often-assumed hypothesis that traditional public service values are devaluated or degraded by the emergence of businesslike values. In other words, new emerging values could not sneak into the public service culture in any convincing manner in spite of many years of NPM rhetoric and recipes. (shrink)

This paper proposes a new normative framework to think about Big Tech reform. Focusing on the case of digital communication, I argue that rethinking the corporate purpose of social media companies is a distinctive entry point to the debate on how to render the powers of tech corporations democratically legitimate. I contend that we need to strive for a reform that redefines the corporate purpose of social media companies. In this view, their purpose should be to create and maintain a (...) free, egalitarian, and democratic public sphere rather than profit seeking. This political reform democratically contains corporate power in two ways: first, the legally enforceable fiduciary duties of corporate boards are reconceptualized in relation to democratic purposes rather than shareholder interests. Second, corporate governance structures should be redesigned to ensure that the abstract purpose is realized through representatives whose incentives align with the existence of a democratic public sphere. My argument complements radical proposals such as platform socialism by drawing a connection between democratizing social media governance and identifying the proper purpose of social media companies. (shrink)

Masjids, which are the center of collective worship in the religion of Islam, besides being a temple, it used to be school, hospital, public kitchen, guestroom, headquarters, court and meeting room and so on in the first centuries of hijri, and furthermore they became the center many religious, political and social functions. Prophet Mohammad's (peace be upon him) encouragements on the importance and virtue of performing prayers collectively enabled Muslims to pray together in mosques. There were children next to the (...) adults in the ranks kept in masjids and mosques and they also participated in the educational activities. When the hadith sources are researched from this point of view, some rumors (riwâyât) were encountered about keeping children away from the mosques. In the mentioned rumors, it is requested that not only children but also insane people, those who trade, those who speak in a loud voice, those who argue, those who draw swords at each other, are kept away from the mosques. Also according to this rumors, al-hudûd crimes shouldn’t be carried out in the mosque. Considering the size of the present study, it is limited to the rumors that include keeping children away from mosques. In this study, the takhrîj of the mentioned rumors were studied and they were criticized in terms of isnâd and matn. In the context of this method, if any, narrators who criticized in the integrity of isnâd have been determined, al-jarh al-ta‘dil status of the relevant narrators and the effect of this situation on the authentication of the rumor has been figured out in this study. While researching the rumors, the fundamental hadith sources are taken as a basis for this study. The ultimate goal of the study is to determine the authentication of the mentioned rumors in terms of both isnâd and matn. At the end of this study, it was concluded that the mentioned rumors were weak in terms of both isnâd and matn. (shrink)

The lunar month of Ramadan is an important time period for Muslims around the world. In this study, we examine whether Ramadan brings happiness to individuals. For this purpose, we conducted a survey once before Ramadan, three times during Ramadan, and once after Ramadan. Our results show that with every week in Ramadan, a small boost of happiness is reported. Yet, two weeks after Ramadan, people seem to return to their baseline level of happiness. We suggest that Ramadan is associated (...) with higher well-being due to increased socialization as non-fasting and those who fast partially also has statistically higher happiness scores than pre-Ramadan sample. Yet, those who have highest happiness scores are those who fasted fully. (shrink)

Sunnah is an issue that Muslims pay special attention to it, since it is the second source of the religion of Islam. After the Prophet’s passing away, both the companions (al-saḥāba) and the successors (tābiʻūn) and tabaʻu al-tābiʻūn made extraordinary efforts to understand and interpret the Sunnah correctly. In fact, since the science of hadith is the common denominator in all fields of basic Islamic sciences, all scholars have tried to explain the transmission of hadith, the way it was narrated, (...) whether the narrators were competent to narrate, the explanation of unknown words in the hadith, etc. Although it is possible to find this activity during the Prophet’s time, it continued in a semi-systematic manner over time, especially after the third century. After the fourth century of hijri, the hadith commentary (sharḥ) process took on a completely systematic character and the science of hadith commentary became a sub-discipline of the hadith department. The process of writing commentaries, which started in the Islamic world and became a tradition over time, concentrated on the books that established the dominance on Muslim society. In this framework, serious contributions were made to the commentary literature in the following periods of time and an enormous commentary literature was formed. However, in the formation of the hadith commentary literature, the sectarian affiliation of the commentator was one of the most influential factors in determining the content of the commentary. In this context, Imām Mālik’s study named al-Muwaṭṭaʼ and al-Kutub al-Sitta took the lead in the development of the hadith commentary literature. In particular, al-Imām Mālik’s al-Muwaṭṭaʼ attracted the attention of the scholars of Andalusia who were interested in the science of hadith, and scholarly trips were made to Medina, one of the eastern Islamic countries, for the education and training of hadith, and as a result of these trips, the people of Andalusia adopted the Mālikī sect. Therefore Imām Mālik’s study named al-Muwaṭṭaʼ became one of the most important books. In Andalusia, serious commentaries were written on the aforementioned study in almost every century starting from the third century of hijri. One of these commentaries is Abū al-Muṭarrif al-Qanāziʻī’s study named Tafsīr al-Muwaṭṭaʼ, which is the subject of our research paper. There is no detached study on this study. For this reason, this study is important in terms of obtaining information about Andalusian hadith commentary. Likewise, it is expected that this study will also be a source of literature for comprehensive studies such as Maliki hadith commentarism and hadith methodology. (shrink)

South Korea created miracles out of a mess in the second half of the twentieth century. They have built an industrial production and export giant called Han Miracle and a democratic culture. They also began to create a cultural fever worldwide called the Korean Wave. However, what makes the Korean modernisation story unique compared to other development experiences in Asia is neither its industrial development nor its democratisation. The rapid Christianisation, especially the Protestantisation of Korea, which walks alongside modernisation, is (...) what makes this story special. Catholics entered Korea first, but they failed due to various reasons. Then, a peasant movement called Tonghak, which is organised around a syncretic religion named Cheondogyo, began to rise. They even started a nationwide uprising and gained massive supporters, but they could not succeed in expanding aggressively after the Japanese occupation. The latest comers, the Protestants, eventually became the largest religious group in South Korea. The Protestants studied the Catholics’ failure and the Tonghak movement’s success well and created a syncretic folk religion that did not exclude local religious elements. This syncretism was the key to their mind-blowing success in South Korea. (shrink)

Résumé La parodie de Thomas Taylor sur la défense des droits des femmes et des humains par Mary Wollstonecraft soulève une question : sa satire propose-t-elle malgré lui une défense des droits des animaux présente dans les arguments de Wollstonecraft? Alors que les œuvres ultérieures de Wollstonecraft ne font pas mention des droits des animaux, ses premiers écrits éducatifs offrent des arguments sur l’éthique animale. Ces œuvres explorent la valeur des animaux d'un point de vue moral, théologique et conséquentialiste, en (...) mettant l'accent à la fois sur leur valeur instrumentale et inhérente. Cet article soutient que la psychologie morale et la théologie de Wollstonecraft mettent en lumière une attitude bienveillante envers les animaux, soulignant leur valeur au-delà de leur utilité. (shrink)

Shirking, the act of avoiding the demands of one’s job, is generally seen as unethical. Drawing on empirical evidence from the sociology of work, I develop a normative conception of shirking as a form of worker resistance against illegitimate managerial power. In doing so, I present a new approach to the political theory of the firm, which is more adversarial and agent-centered than available alternatives. It is more adversarial as it recognizes the political value of counterproductive and disruptive behavior in (...) capitalist firms. It is more agent-centered because it theorizes the firm from the perspective of workers, asking what pro tanto reasons they have to shirk. I show that shirking under the structural domination of capitalism has diagnostic, agential, and epistemic values. The paper contributes to the wider methodological ambition to tailor political theorizing to the positionality of social actors by shifting attention from the institutional design of the firm to the methods of worker resistance. (shrink)

Representations of women, or more exactly of gender, and the presence and works of women filmmakers constitute an important area of analysis for gender studies and feminist film theories. In Turkey the presence and the participation of women in the public sphere have been one of the important objectives of the Kemalist modernization project since the founding of the modern nation-state in 1923. However, despite the modernizing efforts to empower women in different spheres of life there was no woman director (...) in Turkish commercial feature cinema until the beginning of the 1950s. Since the beginning of the 2000s the number of women directors has increased significantly, reaching a number well above that of the entire period before. This article investigates the reasons behind this increase based on quantitative data gathered from secondary sources and in-depth interviews with women producers and directors. It also questions whether and to what extent the increase in the number of women film directors contributed to the production of ‘women’s films’, based on a qualitative analysis of films produced by women directors between the years 2004 and 2013. The results show that in addition to technological and aesthetic changes in the industry, the increase in the availability of international and national public funding for low-budget independent film productions and the enlargement of the women’s movement allowed more women directors to enter the film industry. While half of the films made by women directors in the 2000s could be qualified as ‘women films’, the other half remained, largely due to market forces, within the conventions of popular or art house cinema. (shrink)

This article assesses the prospects of social democracy in Turkey in light of two prominent debates regarding social democracy: the challenge of populism and the proper balance between a politics of redistribution and a politics of recognition. By focusing on the Republican People’s Party (CHP), it shows that the main problem the party faces is to find ways of addressing the issues of recognition and redistribution. Success in addressing these issues would provide an effective alternative to the populist agenda of (...) the ruling Justice and Development Party (AKP) and build channels for participatory democracy and institutions of accountability. We argue that social democracy, with its legacy of democratic rule and institutions, can serve as a significant anchoring point in such an effort. We point out, however, why current social, institutional, political, and cultural factors make the CHP’s task of pursuing a social democratic agenda in Turkey particularly difficult. (shrink)

The intra-school controversies in Hanafī school are remarkable. These controversies pose a risk for legal safety and stability and creates difficulties for muqallīd Hanafī judges and muftīs. In the historical process, different types of literature such as mukhtaṣar and fatwa (legal opinion) books, and applications such as aṣṣaḥ-ı aqvāl and maʻrūdhāt, emerged to solve this problem. One of the last example of these applications is the codification movement. The subject of this study is the relationship between the Majalla al-Aḥkām al-ʿAdliyyah, (...) which is the first product of codification based on fiqh (Islamic jurisprudence), and the intra-school preference. In order to describe this relationship, it is briefly emphasized that one of the aims of codification of Majalla is to satisfy the need for intra-school preference. The function and content of Majallaʼs necessary reasons, (asbāb al-mūjiba) was analyzed in terms of intra-school preference. The interventions on the preferences of the Majalla Commission are also emphasized. The Majalla is a text of the intra-school preference. The analysis of its content in relation to intra-school preference is very important. Therefore, in order to reveal what kind of method is used in intra-school preferences and to determine different aspects of intra-school preference in the Majalla, the chapter about ‘sale’ (Kitāb al-Buyūʿ) of the Majalla are examined.Summary: The intra-school controversies in Hanafī School, which is quite important in terms of freedom of ijtihād (independent legal judgment) and legal wealth, possible to threaten legal safety and stability. These controversies also make difficult for judges to reach a judgment or fatwa in controversial affairs. For this reason, determination of the rājiḥ (preferred opinion) in controversial issues in the school, is a need that must be eliminated.The intra-school preference can be described as "to determine the superior, preponderant of different opinion or narrations about a specific issue in the school". In the historical process different types of literature such as mukhtaṣar and fatwa books, and different applications such as asaḥḥ-ı aqvāl and maʻrūzāt, emerged to meet this need. One of the applications aimed to meet this need is the codifications in the last period of the Ottoman State.The relationship between the Majalla al-Ahkam al-Adliyyah, which is the first example of codification based on fiqh (Islamic jurisprudence), and the intra-school preference; and in this context, while preparing the Majalla how a method was followed in the intra-school preference; at what rate be obeyed the rājiḥ (preferred) opinion; articles contrary to the rājiḥ (preferred) opinion in Majalla and their reasons; whether legal arrangements have been made in all controversial issues; at what rate be met the need of determination of rājiḥ (preferred) opinion are the issues that need to be examined.One of the main reasons for the need for a law text such as Majalla al-Ahkam al-Adliyyah is the multitude of the intra-school controversies in Hanafī School. Therefore, the goal of Majalla is to prepare a code that contains rājiḥ opinion.When Majallaʼs necessary reasons, i.e. asbāb al-mūjiba, are examined in terms of the intra-school preference, it is seen that there are two basic functions of necessary reasons. The first of them is, emphasizing that the code is prepared substantially in accordance with the râjih opinion in the school. In fact, that this issue in the asbāb al-mūjiba of the first ten books of Majalla is expressly stated. The other function of the asbāb al-mūjiba is to justify that why rājiḥ opinion are not be confirmed in some article. In the necessary reasons it is stated that twelve articles are prepared in the direction of unrâcih (unpreferable) opinion. Considering that Majalla is formed of 1851 article, it will be better understood that how the rājiḥ opinions are effective in Majalla's content. Essentially, the conditions of the period also make it necessary. The preference of the non-preferred opinion of Züfer (d. 158/775) in 692nd article of Kitāb al-Ḥavala, caused the reaction of some circles mainly Şeyhülislam Hasan Fehmi Efendi (d.1298/1881) and for this reason Ahmet Cevdet Pasa (d.1895) was dismissed from the ministry of Divan al-Ahkâm al-Adliyyah and the chairman of the Majalla Commission.When the asbāb al-mūjibas of contrary articles to rājiḥ opinions are examined, it is seen that maṣlaḥa and customs are determinative in these preferences. It is also seen that the preferences of some jurists are also mentioned as a reason of preference. The most widespread preference’s reason in Hanafī sources is in congruity with the texts. On the contrary, it is noteworthy that, besides the interdiction of extravagant (safih), it is not operated as a preference’s reason in Majalla.Some preferences of the Majalla Commission were intervened by other institutions. The chapters prepared by the commission were examined both by Majlis-i Wukalā and Mashihat, and these chapters were subject to some revisions at this time. Here, two articles prepared on the basis of the non-preferred opinion were intervened by Majlis-i Wukalā. The first of these is 216th article that written in the direction of opinion of Mashāyikh Balkh, which argues that it is permissible to sell separately ḥaqq al-murūr (the right of passage) and ḥaqq al-shirb (water right), the second is the 611th article which regulates the liability to damage of ajīr al-mushtarak (joint salaried employee).When the content of Kitāb al-Buyū, the first and the most voluminous book of Majalla, is examined in terms of the intra-school preference, it is seen that the rājiḥ opinions in the school are generally taken as basis. It is stated that in the asbāb al-mūjiba of the Kitāb al-Buyūʿ the four issues are prepared basing on the non-preferred opinion and these preferences are justified with custom and maṣlaḥa. However, the contrary articles to the rājiḥ opinion in the Kitāb al-Buyūʿ are not limited to these. According to our research, in addition to these, three articles were prepared with the preference of non-preferred opinion. These are the 118th article regarding that the bayʻ bi-l-wafā is permissible in chattels, 165th article on the definition of al-ghabn al-faḥiş (lesion), and the 309th article concerning the provision of the khiyār al-sharṭ (right of cancellation). These three articles show that the regulations contrary to the rājiḥ opinion in Majalla are not just those explained in the asbāb al-mūjiba and this situation is contrary to the method that is followed when preparing the Majalla.In some controversial issues in the Hanafi School, authorized jurists to preference (asḥāb al-tarjīh) disagreed over which opinion is rājiḥ. It wasn’t explained that how a method would be followed in Majalla when the legal arrangements were made in these matters. When these issues are examined, it can be said that the preferences of the majority, the providing of convenience and the preference by some jurists are effective.Preferences in Majalla have not been occurred only among the sharʻī (related to Islamic Law) provisions. In addition, the definitions and the inscription in the definitions are also the subject of preference. In this context, the preferences related to the definition of the sales contract, the suspended contract (al-ʻaqd al-maqqūf) and the al-ghabn al-faḥiş in Kitāb al-Buyūʿ can be mentioned as an example.Some controversial issues in the Hanafi School are not regulated in Majalla. When considering the multiplicity of controversial issues and therefore the difficulty of making legal arrangements to cover all of them, this situation is natural. Moreover, some of these issues may not have been regulated in Majalla because they are not frequent and necessary. However, it is not possible to explain all the controversial issues that have not been regulated for these reasons. Because some of the controversial issues that have not been legislated are basic, relatively important issues and they are included in the mukhtaṣars. This indicates that when preparing the Majalla, instead of making preference on some controversial issues, the method of non-regulation of these matters is adopted. It can be said that this method is applied as a way of creating law text which is clear of controversy. Thus, the determining of the rājiḥ opinion in these matters has been left to the judges. This situation is not suitable to meet the need of determining the rājiḥ opinion, which is the goal of Majalla. But it is the result of the difficulty of making a law that encompasses all legal issues. (shrink)

Using in-depth interviews, I analyze the military medical inspections that conscripts in Turkey are required to undergo if they request an exemption from compulsory military service based on their homosexuality. The inspections respond to the Turkish military’s two main needs: Through these inspections, on the one hand, the military attempts to exclude feminine/dangerous bodies threatening its order based on homosocial bonding, thereby maintaining its role in the production of hegemonic masculinity in Turkey; on the other hand, through refining and proliferating (...) surveillance mechanisms, the Turkish military seeks to prevent the conscripts from earning unjust exemption by pretending to be homosexual. By complicating Foucault’s account of medical authority, I aim to make sense of the interplay of these objectives and discuss the fragile medical processes through which the military extends its reach into the male population in Turkey. This article makes a contribution to our understanding of how the military, medical, and cultural notions of homosexuality intersect in governing hegemonic masculinity in Turkey. (shrink)

Fabian Wendt argues that political realism is not capable of explaining how the state’s moral right to rule over its subjects is generated. I believe that Wendt’s criticism is not sound because his position relies on the false implicit assumption that realism and moralism ask the same philosophical questions on state authority. I contend that it is fallacious to evaluate the realist account of legitimacy by the standards of moralism, and vice versa, as these two accounts arrive at different conceptions (...) of legitimacy by raising different sets of philosophical questions. The two sets of philosophical questions are not reducible to each other. The realist account of legitimacy does not aim to explain what the moralist account of legitimacy aims to explain. (shrink)