ḥeleḳ rishon. Sheʼelot u-teshuvot be-ʻinyanim shonim mi-toratenu ha-ḳedoshah shebi-khetav ṿeshe-be-ʻal peh -- ḥeleḳ sheni. Leḳet mikhtavim u-maʼamarim le-ḥizuḳ ṿe-hitʻorerut ba-ʻavodat ha-Shem yitbarakh -- ḥeleḳ shelishi. Leḳet mikhtavim me-a.m. ṿe-r. ha-Rav Ḥayim Shaʼul z. l.l. h.h. Grainiman baʻal ha-ḥidushim u-veʼurim".

E. J. Lowe sets out in a recent paper1 to refute McTaggart's proof of the unreality of time, by exposing an ‘indexical fallacy’ in his disproof of the existence of tensed (i. e., A-series) facts.2 Lowe then develops an original account of what makes time the dimension of change, based on his own account of tensed facts. But in our opinion he fails on both counts: (1) he fails to refute McTaggart's perfectly sound disproof of tensed facts, which shows that (...) time can be real only if (Lowe and McTaggart not withstanding) it needs no tensed facts, and (2) he fails to explain the temporal character of change, since his account of it has an exact spatial analogue. In what follows we argue these two points in turn. (shrink)

The debate over international trade has long pitted “free trade” advocates against those who argue that particular reasons support trade restraints. The newest argument is that open trade leads to a “race to the bottom” in the regulation of health, safety, welfare, and especially labor and environmental concerns, harming the nation’s citizens and undermining national sovereignty. One predicate for this argument – that trade increases competitive pressure on domestic industry – is accurate. That, in turn, will raise the cost of (...) some national policies that otherwise would win political approval. But the remainder of the race to the bottom argument rests on assumptions about regulation, the political process, and trade that do not stand up to examination. While responses to increased international competition will vary, the effects of such competition will generally be consistent with any meaningful notion of sovereignty and also will improve national welfare judged by common economic norms.Le débat sur le commerce international a longtemps opposé les défenseurs du libre échange à ceux qui soutiennent qu’il existe des raisons particulières en faveur de barrières à l’échange. L’argument le plus récent est que le libre échange conduit à une course au “nivellement par le bas” au niveau de la réglementation de la santé, de la sécurité, du bienêtre, et plus particulièrement dans les domaines du travail et de l’environnement. Selon ses tenants, elle aurait pour conséquence de léser les citoyens de la nation et d’affaiblir la souveraineté nationale.Un présupposé de cet argument – selon lequel le commerce accroît la pression concurrentielle subie par l’industrie nationale – est fondé. A son tour cela entraînera une augmentation du coût de certaines politiques nationales qui auraient par ailleurs obtenu un assentiment politique.Mais le reste de l’argumentation du nivellement par le bas repose sur des hypothèses à propos de la réglementation, du processus politique, et du commerce qui ne résistent pas à un examen critique.Bien que les réactions à une concurrence internationale accrue varient, les effets d’une telle concurrence seront généralement cohérents avec toute notion pertinente de souveraineté et amélioreront le bien-être national tel que jugé par les normes économiques standard. (shrink)

Ship design needs to respond to and attract an ever more design conscious society. However, little research has been conducted into perceptions of beauty and pleasure and how such perceptions can be usefully absorbed into ship design. Aesthetic consideration, is seen as a distraction from the bespoke nature of the ship design process and is often avoided, second guessed or left for external consultancy. The ship design discipline requires the nurturing of its own aesthetic methods, for future development, and to (...) adapt some of the aesthetic ideals found in architecture, art and design. This paper argues that philosophy can be effective in interpreting what the passenger finds attractive and pleasurable. To illustrate the philosophical approach proposed, the `Elbe SWATH’ and the `Oasis of the Seas’ are investigated and compared using theoretical resources from the culturally focused philosophy of `Functional Beauty’. Conclusions suggest that the interpretation of the end users most valued appreciations can lead to design directives that deliver subjective qualities of beauty - beauty similar to those seen in the pure aims of the Elbe SWATH’s purposeful work craft, or comparable to nature’s beauty and purity in aim. (shrink)

The accelerating advances in the fields of neuroscience, artificial intelligence, and robotics have been garnering interest and raising new philosophical, ethical, or practical questions that depend on whether or not there may exist a scientific method of probing consciousness in machines. This paper provides an analytic review of the existing tests for machine consciousness proposed in the academic literature over the past decade, and an overview of the diverse scientific communities involved in this enterprise. The tests put forward in their (...) work typically fall under one of two grand categories: architecture and behaviour. Each category has its strengths and weaknesses. Architecture tests' main advantage is that they could apparently test for qualia, a feature that has been receiving increasing attention in recent years. Behaviour tests are more synthetic and more practicable, but give a stronger role to ex post human interpretation of behaviour. We show how some disciplines and places have affinities towards certain type of tests, and which tests are more influential according to scientometric indicators. (shrink)

The reputation Theologoumena Arithmeticae has acquired is largely that of being an odd, and frequently opaque, compilation of arithmological lore. As a sourcebook for this aspect of the Pythagorean tradition it is, of course, invaluable. However, its poor reputation is increased, and its historical value lessened, by the depredations time has wrought on the text. ThA was never great prose: it is a compilation, largely from the lost Theologoumena Arithmeticae of Nicomachus of Gerasa and from Anatolius' Peri Dekados; and the (...) text which cannot be safely or conjecturally assigned to these two sources often reads like little more than the written-up notes of some student. However, the treatise contains passages of considerable lucidity, within the context of its peculiar framework. (shrink)

The reputation Theologoumena Arithmeticae has acquired is largely that of being an odd, and frequently opaque, compilation of arithmological lore. As a sourcebook for this aspect of the Pythagorean tradition it is, of course, invaluable. However, its poor reputation is increased, and its historical value lessened, by the depredations time has wrought on the text. ThA was never great prose: it is a compilation, largely from the lost Theologoumena Arithmeticae of Nicomachus of Gerasa and from Anatolius' Peri Dekados; and the (...) text which cannot be safely or conjecturally assigned to these two sources often reads like little more than the written-up notes of some student. However, the treatise contains passages of considerable lucidity, within the context of its peculiar framework. (shrink)

Gender discrimination and sexual harassment of female police officers by their male counterparts remain areas of liability where police departments appeared to have failed to effectively confront the nagging issues. However, the appreciable level of research conducted on these issues in the global North has not been matched by the South, where issues bordering on sexual violence have cultural underpinnings. Drawing from the case of the Nigeria Police Force, feminist analysis was used to explore the lived reality of 43 female (...) officers in a qualitative study. Participants expressed distress in abiding by structural discriminatory regulations against female officers which include non-admittance of married women into the force, forbidding unmarried officers from getting pregnant, and a stipulated minimum of three-year work period before a female officer can marry. Findings also indicated that participants suffer a variety of sexual harassment, intimidation, and, violence from their male colleagues, while they feel constrained in reporting their victimization. Important policy and practical implications requiring the Nigerian police to address hegemonic masculinity and promote gender equality were provided. (shrink)

On the basis of a communicative theory of criminal punishment, I show how mercy has a significant but limited role to play in the criminal law—in particular (although not only) in criminal sentencing. Mercy involves an intrusion into the realm of criminal law of values and concerns that are not themselves part of the perspective of criminal law: a merciful sentencer acts beyond the limits of her legal role, on the basis of moral considerations that conflict with the demands of (...) penal justice. Sometimes, however (but in a decent system of law in a decent society, rarely), that is how citizens should act. Finally, I discuss, and criticise, two attempts to find a place for mercy within a communicative conception of punishment, and argue that repentance is not an appropriate ground for leniency or mercy in sentencing. (shrink)

We show that five important elements of the ‘nomological package’— laws, counterfactuals, chances, dispositions, and counterfactuals—needn’t be a problem for the Growing-Block view. We begin with the framework given in Briggs and Forbes (in The real truth about the unreal future. Oxford studies in metaphysics. Oxford University Press, Oxford, 2012 ), and, taking laws as primitive, we show that the Growing-Block view has the resources to provide an account of possibility, and a natural semantics for non-backtracking causal counterfactuals. We show (...) how objective chances might ground a more fine-grained concept of feasibility, and furnished a places in the structure where causation and dispositions might fit. The Growing-Block view, thus understood, provides the resources to explain the close link between modality and tense, so that it predicts modal change as time passes. This account lets us capture not only what the future might hold for us, and also what might have been. (shrink)

We use certain strong Q-reducibilities, and their corresponding strong positive reducibilities, to characterize the hyperimmune sets and the hyperhyperimmune sets: if A is any infinite set then A is hyperimmune (respectively, hyperhyperimmune) if and only if for every infinite subset B of A, one has \documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$${\overline{K}\not\le_{\rm ss} B}$$\end{document} (respectively, \documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$${\overline{K}\not\le_{\overline{\rm s}} B}$$\end{document}): here \documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$${\le_{\overline{\rm (...) s}}}$$\end{document} is the finite-branch version of s-reducibility, ≤ss is the computably bounded version of \documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$${\le_{\overline{\rm s}}}$$\end{document}, and \documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$${\overline{K}}$$\end{document} is the complement of the halting set. Restriction to \documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$${\Sigma^0_2}$$\end{document} sets provides a similar characterization of the \documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$${\Sigma^0_2}$$\end{document} hyperhyperimmune sets in terms of s-reducibility. We also show that no \documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$${A \geq_{\overline{\rm s}}\overline{K}}$$\end{document} is hyperhyperimmune. As a consequence, \documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$${\deg_{\rm s}(\overline{K})}$$\end{document} is hyperhyperimmune-free, showing that the hyperhyperimmune s-degrees are not upwards closed. (shrink)

25 leading contemporary theorists of criminal law tackle a range of foundational issues about the proper aims and structure of the criminal law in a liberal democracy. The challenges facing criminal law are many. There are crises of over-criminalization and over-imprisonment; penal policy has become so politicized that it is difficult to find any clear consensus on what aims the criminal law can properly serve; governments seeking to protect their citizens in the face of a range of perceived threats have (...) pushed the outer limits of criminal law and blurred its boundaries. To think clearly about the future of criminal law, and its role in a liberal society, foundational questions about its proper scope, structure, and operations must be re-examined. What kinds of conduct should be criminalized? What are the principles of criminal responsibility? How should offences and defences be defined? The criminal process and the criminal trial need to be studied closely, and the purposes and modes of punishment should be scrutinized. Such a re-examination must draw on the resources of various disciplines-notably law, political and moral philosophy, criminology and history; it must examine both the inner logic of criminal law and its place in a larger legal and political structure; it must attend to the growing field of international criminal law, it must consider how the criminal law can respond to the challenges of a changing world.Topics covered in this volume include the question of criminalization and the proper scope of the criminal law; the grounds of criminal responsibility; the ways in which offences and defences should be defined; the criminal process and its values; criminal punishment; the relationship between international criminal law and domestic criminal law. Together, the essays provide a picture of the exciting state of criminal law theory today, and the basis for further research and debate in the coming years. (shrink)

Representations of the body depend on a social framework, a vision of the world and a definition of the person. The body is a symbolic construction and not a reality in its own right. A priori, its characterization seems to be self-evident, but ultimately nothing is less comprehensible. Far from being unanimously accepted by human societies, making the body stand out as a reality in some way distinct from man seems an uneasy effort, contradictory between one time and place and (...) another. Many societies do not retain it as part of their vision of the world. They do not detach man from his body in the dualist fashion so common to Western man. We might recall here the incident recounted by Maurice Leenhardt, who asked an elderly Kanak what the West had contributed to Melanesia. The answer surprised him. “What you brought us is the body”. With the intrusion of cultural and social values and forms from the Western world that tend to individualism, there came an awareness of the body as a barrier and a boundary distinguishing each person from every other person. In the societies to which we refer, the components of a person include the flesh without setting this off separately. The body itself is an abstraction. On the phenomenological level, only a person whose body gives him a face and establishes his presence in the world can exist. Man is indiscernible from the flesh that models him. (shrink)

Some standards, such as moral and prudential standards, provide genuinely or authoritatively normative reasons for action. Other standards, such as the norms of masculinity and the mafia’s code of omerta, provide reasons but do not provide genuinely normative reasons for action. This paper first explains that there is a similar distinction amongst attitudinal standards: some attitudes (belief, desire) have standards that seem to give rise to genuine normativity; others (boredom, envy) do not. This paper gives a value-based account of which (...) attitudinal standards give rise to genuine normativity. It argues that this account has interesting implications before extending it to provide an account of which action-guiding standards are genuinely normative. It argues that this value-based account of which standards are genuinely normative is more plausible than alternatives suggested in the literature and has interesting implications for genuine normativity in law and aesthetics. (shrink)

The use of high hypothetical payoffs has been justified by the realism and relevance of large monetary consequences and by the impracticality of making high cash payments. We argue that subjects may not be able to imagine how they would behave in high payoff situations.

Study on Tattvopaplavasiṃha of Jayarāśibhaṭṭa, active 8th century, work on Cārvāka school of philosophy, with refutation of other schools in Hinduism, Buddhism, and Jainism.

"Making the Human Mind" is an attack on the widespread assumption that the mind has parts and that it is the interaction between these parts which accounts for some of the most characteristic human behaviour, the sorts of irrational behaviour displayed in self-deception and weakness of will. The implications of this attack are considerable: Professor Sharpe contests a realism about the mind, the belief that there is an inventory which an all-seeing deity could compile and which could contain answers to (...) all the questions we could ask about people. With this goes a hermeneutic approach to the understanding of human behaviour: these forms of understanding are markedly different from that suggested by the scientific model and favoured by those who partition the mind. Finally, the author undermines eliminative materialism and the idea that the way we talk about the mind constitutes a "folk psychology", arguing that what is distinctively human about the human mind has been created by self-consciousness and is self-created. (shrink)

I can get away with it because no one is in a position to call me on it. Professor Robinson cannot consistently complain that (A) begs the question against his thesis that there is no such fallacy. He would discourage anyone from "helping" him by accusing me of committing the fallacy against him. With advocates like that, who needs adversaries? I. EMBEDDING PERSPECTIVES After all, Robinson has a viable reply to my argument. He should simply deny my premise. Later I (...) will show how (A) might rationally persuade Robinson. But my immediate goal is not to convert the skeptic about the existence of the fallacy but rather to use his extreme position to make a point about the nature of question-begging. Those who object that argument (A) begs the question against Robinson must do so on behalf of Robinson. This assistance requires that one launch the accusation from Robinson's perspective and with his dialectical interests at heart. (shrink)

Comprehending the origin of marine invertebrate larvae remains a key domain of research for evolutionary biologists, including the repeated origin of direct developmental modes in echinoids. In order to address the latter question, we surveyed existing evidence on relationships of homology between the ectoderm territories of two closely related sea urchin species in the genus Heliocidaris that differ in their developmental mode. Additionally, we explored a recently articulated idea about homology called ‘organizational homology’ (Muller 2003. In: Muller GB, Newman SA, (...) editors. Origination of organismal form: beyond the gene in developmental and evolutionary biology. Cambridge, MA: A Bradford Book, The MIT Press. p 51–69. ) in the context of this specific empirical case study. Applying the perspective of organizational homology to our experimental system of congeneric echinoids has led us to a new hypothesis concerning the ectoderm evolution in these species. The extravestibular ectoderm of the direct developer Heliocidaris erythrogramma is a novel developmental territory that arose as a fusion of the oral and aboral ectoderm territories found in indirect developing echinoids such as Heliocidaris tuberculata. This hypothesis instantiates a theoretical principle concerning the origin of developmental modules, ‘integration’, which has been neglected because the opposite theoretical principle, ‘parcellation’, is more readily observable in events such as gene duplication and divergence (Wagner 1996. Am Zool 36:36–43). J. Exp. Zool. (Mol. Dev. Evol.) 306B:18– 34, 2006. (shrink)

'Most of us are still groping for answers about what makes life worth living, or what confers meaning on individual lives', writes Charles Taylor in Sources of the Self. 'This is an essentially modern predicament.' Charles Taylor's latest book sets out to define the modern identity by tracing its genesis, analysing the writings of such thinkers as Augustine, Descartes, Montaigne, Luther, and many others. This then serves as a starting point for a renewed understanding of modernity. Taylor argues that modern (...) subjectivity has its roots in ideas of human good, and is in fact the result of our long efforts to define and attain the good. The modern turn inwards is far from being a disastrous rejection of rationality, as its critics contend, but has at its heart what Taylor calls the affirmation of ordinary life. He concludes that the modern identity, and its attendant rejection of an objective order of reason, is far richer in moral sources that its detractors allow. Sources of the Self provides a decisive defence of the modern order and a sharp rebuff to its critics. (shrink)

Health care professionals often face moral dilemmas. Not dealing constructively with moral dilemmas can cause moral distress and can negatively affect the quality of care. Little research has been documented with methodologies meant to support professionals in care for the homeless in dealing with their dilemmas. Moral case deliberation is a method for systematic reflection on moral dilemmas and is increasingly being used as ethics support for professionals in various health-care domains. This study deals with the question: What is the (...) contribution of MCD in helping professionals in an institution for care for the homeless to deal with their moral dilemmas? A mixed-methods responsive evaluation design was used to answer the research question. Five teams of professionals from a Dutch care institution for the homeless participated in MCD three times. Professionals in care for the homeless value MCD positively. They report that MCD helped them to identify the moral dilemma/question, and that they learned from other people’s perspectives while reflecting and deliberating on the values at stake in the dilemma or moral question. They became aware of the moral dimension of moral dilemmas, of related norms and values, of other perspectives, and learned to formulate a moral standpoint. Some experienced the influence of MCD in the way they dealt with moral dilemmas in daily practice. Half of the professionals expect MCD will influence the way they deal with moral dilemmas in the future. Most of them were in favour of further implementation of MCD in their organization. (shrink)

Two treatises on memory which have come down to us from antiquity are Aristotle’s “On memory and recollection” and Plotinus’ “On perception and memory” ; the latter also wrote at length about memory in his “Problems connected with the soul”. In both authors memory is treated as a ‘modest’ faculty: both authors assume the existence of a persistent subject to whom memory belongs; and basic cognitive capacities are assumed on which memory depends. In particular, both theories use phantasia to explain (...) memory. Aristotle takes representations to be changes in concrete living things which arise from actual perception. To be connected to the original perception the representation has to be taken as a copy of the original experience ‑ this is the way Aristotle defines memory at the end of his investigation. Plotinus does not define memory: he is concerned with the question of what remembers. This is of course the soul, which goes through different stages of incarnation and disincarnation. Since the disembodied soul can remember, so he does not have Aristotle’s resources for explaining the continued presence of representations as changes in the concrete thing. Instead, he thinks that when acquiring a memory we acquire a capacity in respect of the object of the memory, namely to make it present at a later time. (shrink)

In [1, §4], my ‘proof’ that GH1 has the finite model property is incorrect; there are considerable obscurities towards the end of §1, particularly on p. 33; and I should have exhibited the finite models for GH1. In §1 of this paper I expand the analysis of the sub-directly irreducible models for GH1 which I give in §1 of [1]. In §2 I give a correct proof that GH1 has the finite model property. In §3 I exhibit these finite models (...) as models on certain ordered sets. (shrink)

Based on a theoretical exploration in a previous article, this paper empirically analyzes which issues of SD are taken into account by corporations and stakeholders in what way, and to what extent the concept of sustainable development (SD) can be achieved through stakeholder relations management (SRM) on the corporate level. An important basis for this empirical analysis is a referential framework, which specifies 14 issues of SD. In a first empirical step, the literature-based framework has been operationalized for the business (...) world by analyzing sustainability reports. In a second empirical step, the operationalized framework served as the basis for a survey of selected MNCs. The analyses of the sustainability reports and the survey show how MNCs deal with particular issues of SD and what role they perceive particular stakeholders play. A key conclusion of the article is that SRM indeed promotes SD, but that it is no alternative to predictable government regulation. (shrink)

Our gender identity is our sense of ourselves as a woman, a man, as genderqueer, or as another gender. Our gender is the property we have of being a woman, being a man, being non-binary, or being another gender. What is the relationship between our gender identity and our gender? Recently, much work has been done on ameliorative accounts of the gender concepts that we should accept and on the metaphysics of gender properties. From this work 4 views of the (...) relationship between having gender identity G (e.g. having a female gender identity) and being a gender G (e.g. being a woman) have emerged. A first, the no connection view, says that gender identity and gender are entirely distinct; Sally Haslanger’s ameliorative account of gender, as well as Theodore Bach’s account of gender properties, are instances of this view. A second, the gender-identity-first view, says that all there is to our gender is our gender identity; this view is at least similar to views that Talia Bettcher and R.A. Briggs and B.R. George have argued for. A third, contextualist view, says that in some contexts and relative to certain standards, our gender identity determines our gender, and that in others it does not; Ásta and Robin Dembroff have proposed and defended views along these lines. A fourth view, the two gender properties view, says that there are two properties that can make it the case that one is gender G (in any context), one’s having gender identity G and one’s being socially classed as a G; Katharine Jenkins and Elizabeth Barnes have proposed views along these lines. This article explains these 4 different views and spells out their prospects, and the problems they face, as both ameliorative and as metaphysical views. (shrink)

These two texts come from a store of papyrus fragments which are at present being examined and worked over at Oxford. They are the property of the Egypt Exploration Society and will be republished in vol. xxxi of the Oxyrhynchus Papyri as Nos. 2544 and 2534; permission for their separate publication here has been granted by the Society in view of the relevance of the former of them to the article by Mr. W. S. Barrett which appears on pp. 58–71 (...) below. We are much indebted to Mr. Barrett and Professor Hugh Lloyd-Jones for many valuable suggestions and criticisms. The nature of both texts was recognized by R. A. Coles, of Magdalen College, Oxford, one of the collaborators in this article. (shrink)

Özet Şii-İmamiyye’nin usûlde Mu’tezilenin etkisinde kaldığı iddiaları, hicri dördüncü asırdan itibaren dile getirilmektedir. Buna karşılık usûlî düşüncenin ilk mümessili sayılan Şeyh Müfîd’den itibaren mezhep içinden yükselen sesler bu iddiaları şiddetle reddetmişlerdir. Biz bu çalışmada Mu’tezile kelamına sistematik hüviyet kazandıran ve yazdığı eserlerle Mu’tezile kelamının bugüne ulaşmasında büyük pay sahibi olan Kâdî Abdülcebbâr ile İmamiyye’nin kelam düşüncesinin istikrar bulmasında ve Şeyh Müfîd’le başlatılan usûlî yaklaşımın benimsenip yaygınlaşmasında büyük bir yeri olan Ebû Ca’fer et-Tûsî arasında adalet ilkesi üzerinden bir karşılaştırma yaparak, söz (...) konusu iddiaların ne kadar sübut bulduğunu tespit etmeye çalıştık. Kısmi farklı izahları bir kenara bırakırsak, adalet ilkesinin ispat ve yorumlanmasında iki kelamcı arasında kayda değer bir farklılığın olmadığı görülmektedir. Abstract The claim that the Shi’i Imamite thought is heavily influenced by the Mu’tazilite outlook has been alleged since the fouth century of hijra. However, beginning with Shaikh Mufid, the first representative of the Usuli branch of Shi’a, the Shi’is vehemently denied this allegation. In this article, this issue is dealt with by making a comparison between the idea of Qadi Abd al-Jabbar, the prominent Mu’tazilite scholar who made a major contribution to the consolidation of the schools’ theaching and that of al-Tusi, who also made a contrubitued to the integration of the Shi’ite kalam and the spreading of the usuli approach initiated by Shaikh Mufid. Leaving aside the differences in deatil, it seems that there is no noteworthy difference between their approcah to the issue of justice. Key Words: Qâdî Abd al-Jabbâr, Abû Ja’far al-Tûsî, Husn-Qubh, Divine Justice, Free Will. (shrink)

Marcia Baron has offered an illuminating and fruitful discussion of extra-legal excuses. What is particularly useful, and particularly important, is her focus on our excusatory practices—on the ways and contexts in which we make, offer, accept, bestow and reject excuses: if we are to reach an adequate understanding of excuses, their implications and their grounds, we must attend to the roles that they can play in our human activities and relationships—and to the complexities and particularities of those roles. However, I (...) want to focus my comments less on the details of Baron’s discussions of excuses in extra-legal contexts than on the implications of her discussion for our understanding of excuses in the criminal law. What light (if any, a sceptic might add) can such analyses of our extra-legal concepts and practices throw on legal concepts and doctrines? (shrink)

Yemeni writer Ahmed Qāsim al-Arīqī, in addition to his profession as a pharmacist, is a writer who has made a name for himself in the country's literary field, especially in the last fifteen years. A prolific writer, al-Arīqī is the author of poetry collections as well as stories and novels that emphasise awareness of the traditional issues of the Yemeni people. He has published "Maḳāmāt al-'Arīḳī" (2006), "Ġalṭṭetu Ḳalem" (2012), "Qurāt al-S̱-S̱elj" (2017), "Ta'riyya" (2018), "Zurbet al-Yumnā" (2018), "Da'wat al-Ḥuḳūl" (2019), (...) "Zuhr al-Ġarām" and "Sīret al-Kūbī" (2022). His novel "Yawma Māta al-Shaytan" (The Day Satan Died) was published electronically by Hindāwī Publishing House in 2022. The novel, which is approximately 120 pages, is written in six chapters. There are eleven passages in the first and fourth chapters, thirteen in the second and sixth chapters, twelve in the third chapter, and eight in the fifth chapter. The novel is about the adventures of a member of the army named Marwan Naji, who was wounded in the war between the Houthi militia and the Yemeni army, and after nine months in a coma, opens his eyes in a perfect world dominated by biological and technological advances. Symbolising the treatment of selfishness and various narcissisms with advanced vaccines through the death of Satan, the author describes Marwan's adventures in his world, which he sometimes describes as the realm of the jinn, in a very simple language, while not failing to criticise reality in its various political, social and religious dimensions. In fact, Marwan's world of imagination and fantasy is the main story of the novel, but not the only one. The author also includes the stories of family members in Marwan's world of turmoil, destruction, massacre, war and victory, giving the reader the opportunity to compare both worlds. While his mother Gusoun, his wife Hamide and his daughter Fatma, who later got engaged in time after being widowed, are the female characters of his real world, Professor Mari and Mariana, one of his seven wives, are the other important characters of his imaginary world. Gusûn is a devoted mother who does not leave the bedside of her comatose son, prays for him day and night and tries to do everything she can for his recovery. Gusûn, who is listened to at home to a certain extent, scolds her grandchildren to prevent the breakup of her son's home because of inheritance, defends that the existing wealth still belongs to her son and reminds them that she will not hesitate to spend money for his recovery. Gusûn's daughter-in-law Hamide also takes care of her husband, who shows no signs of recovery. Hamide, who is not as patient as her mother-in-law, is also a jealous woman. On the other hand, although both of them display false religious tendencies that have no relation with real life, Gusûn is more prone to the superstitious approaches put forward and adopted in the name of religion. Fatma is also a widow who, although she has the will to take care of her children and live her life alone, has been engaged for a long time to her uncle's son Münir, who, like her, took part in anti-regime demonstrations and whose love she believes in. Fatma, who is more conscious than her grandmother and mother, is not alien to the issues that society complains about and often participates in women's movements organised against the government. Professor Mari, one of the two important characters belonging to Marwan's imaginary world, is a psychologist and the chief physician of a large hospital who treats jealousy, anger, lying and selfishness, which are considered dangerous viruses, with vaccines developed by scientists. Professor Mari, who is personally involved in Marwan's treatment, also chairs the committee that records his memory and projects all his memories on a giant screen. Mariana, on the other hand, monitors Marwan's behaviour and thoughts through a biological chip to control the effect of the vaccines given to him, criticises him through the tragic images projected on the screen and provides information that will facilitate his adaptation to his new world. In the article, in which the author's main published works are briefly introduced along with a broad summary of the novel, the social messages that an author, who is not indifferent to the realities of the geography he lives in, tries to give directly and indirectly with a language far from locality, are tried to be determined through the mentioned female characters. It is seen that the desire to become a single nation by making; love, brotherhood, friendship and peace dominant lies behind the author's novelisation of the dream of an ideal world symbolised by the death of Satan. (shrink)

Discussions of responsibility typically focus on the person who is held responsible: what are the conditions or criteria of responsibility; what can be done to or demanded of a person who is responsible? This paper shifts focus onto those who hold, rather than those who are held, responsible: what do we owe to those whom we hold responsible? After distinguishing responsibility as answerability from responsibility as liability, it attends mainly to the former, and points out the ways in which it (...) is multiply relational: I am responsible for something to someone who has the standing to call me to account for it, under the norms of some particular practice. Responsibility as thus understood is also reciprocal: if you are to be answerable to me, I must treat you with a certain respect, attend seriously to your answer, and be ready to answer to you myself. The paper explores some of the implications of this point both for our moral dealings with each other, and for criminal law and the criminal trial. (shrink)

Background: Ethics support services are growing in Europe to help doctors in dealing with ethical difficulties. Currently, insufficient attention has been focused on the experiences of doctors who have faced ethical difficulties in these countries to provide an evidence base for the development of these services.Methods: A survey instrument was adapted to explore the types of ethical dilemma faced by European doctors, how they ranked the difficulty of these dilemmas, their satisfaction with the resolution of a recent ethically difficult case (...) and the types of help they would consider useful. The questionnaire was translated and given to general internists in Norway, Switzerland, Italy and the UK.Results: Survey respondents ranged in age from 28 to 82 years, and averaged 25 years in practice. Only a minority reported having access to ethics consultation in individual cases. The ethical difficulties most often reported as being encountered were uncertain or impaired decision-making capacity , disagreement among caregivers and limitation of treatment at the end of life . The frequency of most ethical difficulties varied among countries, as did the type of issue considered most difficult. The types of help most often identified as potentially useful were professional reassurance about the decision being correct , someone capable of providing specific advice , help in weighing outcomes and clarification of the issues . Few of the types of help expected to be useful varied among countries.Conclusion: Cultural differences may indeed influence how doctors perceive ethical difficulties. The type of help needed, however, did not vary markedly. The general structure of ethics support services would not have to be radically altered to suit cultural variations among the surveyed countries. (shrink)