The laws are not silent in war, but what should they say? What is the moral function of the law of armed conflict? Should the law protect civilians who do not fight but help those who do? Should the law protect soldiers who perform non-combat functions or who may be safely captured? How certain should a soldier be that an individual is a combatant rather than a civilian before using lethal force? What risks should soldiers take on themselves to avoid (...) harming civilians? When do inaccurate weapons become unlawfully indiscriminate? When does 'collateral damage' to civilians become unlawfully disproportionate? Should civilians lose their legal rights by serving, voluntarily or involuntarily, as human shields? Finally, when should killing civilians constitute a war crime? These are the questions that Law and Morality at War answers, contributing to a cutting-edge international debate. Drawing on the concepts and methods of contemporary moral and legal philosophy, the book develops a normative framework within which the laws of war and international criminal law can be evaluated, criticized, and reformed. While several philosophical works critically examine the moral status of civilians and combatants, this book fills a gap, offering both an account of the laws of war and war crimes, and proposing how the law could be improved from a moral point of view. (shrink)

Se ha dicho que para entender una literatura lo mejor es leer sus obras, y no lo que sobre ella se ha dicho o escrito. Este artículo, en cuatro partes, es un intento de estudiar las nuwashshahat y sus kharjas, basado solamente, dentro de lo posible, en los textos con los que contamos. El artículo llega a tres conclusiones, no del todo nuevas para mis lectores: 1. Si bien las nuwashshahat fueron producto de la tradición literaria clásica árabe, su desarrollo (...) se enlaza inevitablemente con factores específicos, políticos y sociales, del medio andalusí. 2. La kharja es una salida de 'ingenio' o 'ingeniosa', zarf o hazl, al final de la nuwashshahat. Sea cual fuere su propósito de haber existido antes de las nuwashshahat, las kharjas de voz femenina en lengua romance, al igual que sus equivalentes árabes, tenían como función suministrar el mismo requisito de zarf al final de la nuwashshahat la. 3. La reacción de Ibn Saná al-Mulk bacía la kharja fue en gran medida una reacción psicológica, y no una respuesta literaria bien ponderada. La mejor manera de saber lo que Ibn Saná al-Mulk pensaba de las nuwashshahat es leer las que él mismo compuso, y no lo que opinó sobre la kharja. (shrink)

Scientific research and ethics -- Ethical theory and decision making -- Data acquisition and management -- Mentoring and professional relationship -- Collaboration in research -- Authorship -- Publication and peer review -- Misconduct in research -- Intellectual property -- Conflicts of interest and scientific objectivity -- The use of animals in research -- The use of human subjects in research -- The use of vulnerable subjects in research -- Genetics, cloning, and stem cell research -- International research.

The Arabic philosophical fable _Hayy Ibn Yaqzan _is a classic of medieval Islamic philosophy. Ibn Tufayl, the Andalusian philosopher, tells of a child raised by a doe on an equatorial island who grows up to discover the truth about the world and his own place in it, unaided—but also unimpeded—by society, language, or tradition. Hayy’s discoveries about God, nature, and man challenge the values of the culture in which the tale was written as well as those of every contemporary society. (...) Goodman’s commentary places _Hayy Ibn Yaqzan _in its historical and philosophical context. The volume features a new preface and index, and an updated bibliography. “One of the most remarkable books of the Middle Ages.”—_Times Literary Supplement_ “An enchanting and puzzling story.... The book transcends all historical and cultural environments to settle upon the questions of human life that perpetually intrigue men.”—_Middle East__ Journal_ “Goodman has done a service to the modern English reader by providing a readable translation of a philosophically significant allegory.”—_Philosophy East and West_ “Add[s] bright new pieces to an Islamic mosaic whose general shape is already known.”—_American Historical Review_. (shrink)

Logic; Islamic philosophy; Islam--doctrines.

Through a critical engagement with Jeremy Waldron’s work, as well as the work of other writers, I offer an account of the relative scope of the morality of war, the laws of war, and war crimes. I propose an instrumentalist account of the laws of war, according to which the laws of war should help soldiers conform to the morality of war. The instrumentalist account supports Waldron’s conclusion that the laws of war justifiably prohibit attacks on civilians even if it (...) turns out that some civilians lack a moral right not to be killed. Importantly, the instrumentalist account also offers what Waldron thinks impossible: a non-consequentialist defense of the failure of the laws of war to prohibit the killing of nonthreatening combatants. Finally, I argue that new war crimes can be broader than the morality of war as well as established laws of war and that many of the arguments for defining war crimes more narrowly than either the morality of war or the laws of war are unconvincing. In all of these ways, I hope to carry forward Waldron’s project of exploring the relationship between law and morality in war. (shrink)

Most of the literature on phase one trials has focused on ethical and safety issues in research on patients with advanced cancer, but this article focuses on healthy, adult subjects. The article makes six specific recommendations for protecting the rights and welfare of healthy subjects in phase one trials: 1) because phase one trials are short in duaration (usually 1 to 3 months), researchers should gather more data on the short-term and long-term risks of participation in phase one studies by (...) healthy subjects; 2) researchers should develop strict inclusion/exclusion criteria that exclude unhealthy or vulnerable subjects, such as decisionally impaired people, in phase one studies; 3) subjects should not participate in more than one phase one study at the same time and should wait at least 30 days between participating in different studies; 4) researchers should develop a database to keep track of phase one participants; 5) subjects should be guaranteed a minimum wage equivalent to the equivalent type of unskilled labor, but there should be no upper limits on wages; and 6) subjects should be allowed to engage in collective bargaining with research sponsors. *Disclaimer: The ideas and opinions expressed in this article are the authors' personal views and do not represent the views of the National Institute of Environmental Health Sciences, the National Institutes of Health, or the United States government. (shrink)

1. Uyun al-hikma, et l'opuscule d'Abu'l Faraj et la réfutation d'Ibn Sina, édité et annoté par H.Z. Ülken.--2. Les opuscules d'Ibn Sina, et Le livre de la différence entre l'esprit et l'âme, par Qosta b. Luqa; édité, étudié et onnoté [sic] par H.Z. Ülken.--3. Aşkın mâhiyeti hakkında risâle, neşreden ve Türkçeye çeviren A. Ateş.

This book posits three ethical principles by which the concept of equal worth can be used in a practical manner to resolve conflicts and wars. Shamoo argues that once the principle of equal worth is adopted in foreign policy, humanity will be able to achieve peace.

: The thought of the Qurʾān consists of certain concepts. The concept of “fiṭrah” that expresses the physical and spiritual side of the people, is one of crucial concepts which stands for the conseption of the Qurʾān. Therefore this concept has become the one drawing attention of scholars from the earlies. Usually, the concept of “fiṭrah” is interpreted as the religion of Islam and the initial creation or the human potentiality of acception a religion and whether they can change or (...) not. In this context, it has been established a connection between the “word of khalqullah” in the Surah of Rūm and the same word in the Surah of Nisā. In this study, the essence of “fiṭrah” will be examined and the basic elements of “fiṭrah” will be focused on. Also, whether wisdom, affection, love, and ugliness are among the basic components of fiṭrah or not, will be discussed. In addition, whether there is any connection between the verse of “fiṭrah” and the words of “tabdīl” and “taġyīr” will be investigated. Summary: The Qur’ānic view of human has been set forth with certain concepts. According to our understanding, there is a strong relation between the Qurʾānic definition of human and the terms of tafsīr and ta’wīl. If the Qur’ānic view of human is put forth correctly, then the explanation and interpretation of the Qurʾān will also be more accurate. Therefore, we think that there is an important link between the characteristic of Qurʾānic view of human and the ta’wīl of naṣṣ. For this reason, we have based our study on the term, fiṭrah which explains the nature of human beings and the context of this term in the Qur’ān. In this regard we have tried to take into account in our comments the consistency through the mention of the term of fiṭrah that comes in the 30th verse of the surah al-Rūm with the relation to other verses. Main focus of the study is to see whether the essential aspects of human nature is in correlation with compassion, mental potentiality, power to produce, seeking for truth, wanting to do good and avoiding bad deeds. In the etymological dictionaries of Arabic language and in tafsir books the term of fiṭrah has been explained in various meanings such as “religion of Islam”, “unity of God”, “the first creation of human beings”, “mental capability”, “ability to accept the truth”, “initial agreement”, “pre-eternity of human destiny”, “inborn creed”, “tattoing”, “plucking females hairs” and “to geld animals”. The verse of “la tabdīla li khalqillāh” is explained that there should not be changed things and qualities which are parts of the nature of human being. The verse of "I am going to command humans and they are going to change God's creation" is associated with above mentioned fiṭrah verses. In this context neglecting to worship to Allah and taking means through other idols that are worshiped, sacrificing in the name of idols, replacing religious motives with other motives, denial of creed, making permissible acts impermissible or impermissible acts permissible, females plucking their hair, etc., have been interpreted as changing Allah’s creation. However, we do not think that the interpretation of nature that is mentioned in the verse regarding the replacement of Allah’s creation has no relation with the replacement of Allah’s creation which occurs in Surah al-Nisā. Because changing khalqullāh in al-Nisā is not to change fiṭrah which is accepted same as religion and there is no relation between two issues. The mention of nature along with the concept of religion comes to show the value of Islam is in accordance with human nature. Yet when the Qurʾān is interpreted in the correct manner, a better understanding of the human nature will be seen. The samples and types of i’rāb regarding the link between the terms of fiṭrah and dīn show that there is also a strong relation between religion and human nature. This shows that religion entails all the values and qualities that human nature contains. In the context of the Qurʾān, the term of fiṭrah consists of spiritual qualities, such as reflection, love, desire to find the truth, inclination to good deeds, avoiding bad deeds, creativity and worship rather than physiological qualities such as the desire to eat and drink, need of shelter and sexuality. These are core foundations of human nature which cannot be changed. However, these natural qualities can be lead the opposite direction. This is the reason why there is frequent mention of natures spiritual qualities in the Qurʾān. However, if the Qurʾān and the Sunnah are falsely interpreted, the core qualities of nature will be understood incorrectly which may not be a prototypical that the Qurʾān aims. The Qurʾān frequently makes mention and condemns those that do not use their logic, which comes to show the importance of nature. In order for the other nature qualities to be functional, first the logic must be functional. Likewise, since early ages people try to understand the objects in their environment and start to question them is again natures manifestation. The past and today's philosophical movements, scientific research and as a result the information and findings derived from them is a result of human nature. One of the main components of nature is the belief of the unity of God and acknowledging that the creator is Allah therefore comprehending that He is only worthy of worship. Thus, this belief provides the mental and emotional integrity of person. In times of difficulty, through the natural instinct people show towards the Creator is an act of the reaction shown which is coursed by natural creed properties. It should be said that another important natural human quality is love and affection. As the Qurʾān has expressed that human being is created from "alaq" also comes to the meaning of compassion. It is the human’s natural instinct to incline to those that he has compassion for. Once this inclination is made stronger the compassion turns into love. Desiring good or evil is also part of human nature as these two opponents are in men’s structure. Men being virtuous comes from choosing the good. Another important feature of human nature is desiring those that are aesthetically beautiful and disliking those that are aesthetically ugly. Men does not only desire those that are aesthetically beautiful but rather those that are spiritually attractive such as knowledge, modesty and bravery. It dislikes ignorance, lies and other bad qualities. Qurʾān’s phonetic structure can be counted as a proof to this. One of human’s natural instinct is to create and constantly update information. The word "khalq” is used commonly to bring anything to existence when it was absent totally, therefore this is used for mankind as a metaphor. As a result, it is possible to say that the most important human instinct qualities are reason, the ability of accepting of the unity of God, compassion, human and divine love, creativity, evoking good deeds, avoiding evil, valuing those that are ecstatically nice and avoiding those that are ugly. The different meanings and definitions of fiṭrah in tafsīr books and dictionaries such as dīn, pre-eternity of human destiny, initial agreement, and to geld animals are not the essential aspects of fiṭrah but the manifestations of the basic elements. (shrink)

This article argues that Habermas’s position on the relationship between religion and politics reaffirms his two-track political theory of the secular state and civic duty. His “hard-core” theory of secularism coupled with an ethics of citizenship seeks new ways of including religious citizens in modern pluralistic societies. The analysis of secularism both as a concept and as a guiding principle in Habermas’s work shows that most critics have misinterpreted his specific use of the term. The result of this is that (...) most secularist and accommodationist critics of Habermas’s ethics of citizenship disregard his two-track political theory and its co-originality principle that assumes the equal status of public and private autonomies of citizens. My aim is thus to shift critical attention to the central aspects of Habermas’s work on religion, specifically to the task of translating religious reasons into an all-accessible language. This task of translation faces several difficulties due to some points that are left unclear by Habermas, such as determining the line separating the informal and the formal spheres, and how to avert the risk of majoritarian hijacks of democracy that could altogether undermine the Habermasian framework. (shrink)

This article responds to four others that critically and productively engage with my book, Law and Morality at War. Four themes emerge: the law of armed conflict’s claim to legitimate authority, the relationship between the law of armed conflict and the deep morality of war, the moral norms governing killing in the fog of war, and the moral permissibility of targeting civilians.

There is consensus that children have questionable decisional capacity and, therefore, in general a parent or a guardian must give permission to enroll a child in a research study. Moreover, freedom from duress and coercion, the cardinal rule in research involving adults, is even more important for children. This principle is embodied prominently in the Nuremberg Code (1947) and is embodied in various federal human research protection regulations. In a program named "SATURN" (Student Athletic Testing Using Random Notification), each school (...) in the Oregon public-school system may implement a mandatory drug-testing program for high school student athletes. A prospective study to identify drug use among student-athletes, SATURN is designed both to evaluate the influence of random drug testing and to validate the survey data through identification of individuals who do not report drug use. The enrollment of students in the drug-testing study is a requirement for playing a school sport. In addition to the coercive nature of this study design, there were ethically questionable practices in recruitment, informed consent, and confidentiality. This article concerns the question of whether research can be conducted with high school students in conjunction with a mandatory drug-testing program, while adhering to prevailing ethical standards regarding human-subjects research and specifically the participation of children in research. (shrink)

Donna Haraway views being a cyborg rather than a ‘goddess’ desirable. This feminist slogan can be seen in terms of the democratising power of a hybrid identity facilitated by technology as a substantial alternative to traditional notions of gendered identity. This paper aims to study S. B. Divya’s 2021 novel Machinehood to analyse how technology and identity are tied up in the context of the novel. The paper benefits from the insights from critical posthumanism by analysing how the transformation into (...) a cyborg is problematised by the moral and ethical overtones facilitated by dakinis (mythological figures in Buddhism). While providing tactical advantage, cyborg may become the negation of one’s gender and flesh. The cyborg has been viewed as a capitalist desire. Thus, a cyborg society benefits from the transformative acts that resist such erasure and preserve one’s sense of identity rooted in their body. (shrink)

Helen Frowe’s Defensive Killing is in many respects an excellent book, full of arguments that are original, interesting, important, and often persuasive. In other respects, the book is deeply unsettling, as it forcefully challenges the belief that killing ordinary civilians in armed conflict is a paradigmatic moral wrong. In particular, Frowe argues that civilians who make political, material, strategic, or financial contributions to an unjust war may lose their moral protection from intentional and collateral harm. On this point, Frowe’s arguments (...) are original, interesting, and important but, thankfully, not persuasive. (shrink)

Egyptians had many reasons to overthrow the government of Hosni Mubarak, and to challenge the legitimacy of the interim military government. Strikingly, among the leading reasons for the uprising and for continued protest are reasons grounded in criminal justice. Reflection on this dimension of the Egyptian uprising invites a broader examination of the relationship between criminal justice and political legitimacy. While criminal justice is neither necessary nor sufficient for political legitimacy, criminal injustice substantially undermines political legitimacy and can provide independent (...) reasons for revolution. A state may compromise its legitimacy by committing criminal acts, by perverting or subverting the criminal process, and by failing to discharge its duty to punish serious wrongdoing—a duty that then falls to individuals to discharge either directly (through vigilantism) or indirectly (through revolution). Contrary to the views of many leading criminal law theorists, the duty to punish serious wrongdoing applies to individuals and not only to states. The relevance of political legitimacy to criminal justice is more complicated. Individuals are morally obligated to follow the morally justified laws of an illegitimate state, but are not morally obligated to follow the morally unjustified laws of a legitimate state. Nor may any state punish in the absence of moral wrongdoing and moral fault. However, illegitimate states may be incapable of justly holding individuals accountable to the state, to the community, or to victims through criminal trials. This incapacity provides an additional reason to overthrow illegitimate states and replace them with legitimate states capable of justly administering a just criminal law. (shrink)

The Ahmadiyya Muslim community represents the followers of Mirza Ghulam Ahmad, a charismatic leader whose claims of spiritual authority brought him into conflict with most other Muslim leaders of the time. The controversial movement originated in rural India in the latter part of the 19th century and is best known for challenging current conceptions of Islamic orthodoxy. Despite missionary success and expansion throughout the world, particularly in Western Europe, North America, and parts of Africa, Ahmadis have effectively been banned from (...) Pakistan. Adil Hussain Khan traces the origins of Ahmadi Islam from a small Sufi-style brotherhood to a major transnational organization, which many Muslims believe to be beyond the pale of Islam. (shrink)