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)

According to Dem. or. 23.199, Menon of Phasalos was honoured with Athenian citizenship for rescuing Eion. If this happened in 476 BC as commonly assumed, this would have been the only case of franchise through the assembly to predate Pericles’ law of citizenship. The Eion episode should thus rather be dated to 424 BC, even though the historian Thukydides claims the merit of saving the city for himself without mentioning the Pharsalian (Thuk. IV 106.4). This silence, however, serves an apologetic (...) purpose, since Thukydides was banned from Athens soon after defending Eion (V 26.5). Menon was thus identical with the homonymous commander of Thessalian troops in 431 BC (II 22.3) and the father of the Pharsalian Thukydides attested as proxenos in Athens in 411 BC (VIII 92.8). Neither of them ever was a citizen of Athens, which is further confirmed by Dem. or. 13.23, who specifies Menon’s reward as ateleia. (shrink)

In this paper, we explore Cassirer’s view of social contract theory. We maintain that Cassirer has established a linguistic turn of social contract theory, by exploring the conditions for the possibility of a promise. For that purpose Cassirer’s theory of the linguistic sign, as inspired by the linguistic theory of Wilhelm von Humboldt, becomes decisive, because of its specific nature and direction into the future. First, in Section 1, we explore previous social contract theorists, from Nicholas von Cusa to Immanuel (...) Kant. In Section 1, as a result, we establish the concept of the promise as the core concept of social contract theory, and as the fundamental philosophical problem conveyed by the natural lawyers. Moreover, in Section 2, we investigate the conditions for the possibility of a promise, and relate it to the symbolic nature of the human being. The promise, hence the capacity to enter into a contract, becomes a characteristically human activity, hence an expression of human dignity. (shrink)

Majalla al-Aḥkam al-‘Adliyyah, which is the first example of codification based on Islamic law, has been the subject of criticism from different angles in terms of its preparation and content. The main reasons for criticism are following the casuistic method, being limited to the Hanafi sect, and therefore, the regulations on some issues not meeting the needs of the period, and the lack and excesses that do not comply with the content of the civil law. The commentator of the Majalla, (...) ‘Ali Ḥaydar Efendi, also criticized Majalla from different angles. In this study, it was aimed to identify, describe, and classify Ali Ḥaydar Efendi's critics of the Majalla, and -with some exceptions- no evaluation was made about the criticism of the commentator. Ali Ḥaydar Efendi, the author of the most comprehensive and famous commentary of the Majalla, Dureru'l-hukkâm, criticized the Majalla both in terms of law technique and content, justified his criticisms, and offered alternative suggestions regarding the issues he criticized. Although Ali Ḥaydar Efendi criticized an item for only one reason, he criticized some items from more than one point of view. In the article, each of the criticisms of Ali Ḥaydar Efendi on the Majalla’s items is discussed under a separate heading, and the items criticized from more than one point of view are discussed under a separate heading and exemplified as much as possible. His criticisms of the Majalla in terms of law technique are as follows: The statements of the items are prone to making wrong judgments, not of a general nature, the concepts are not used appropriately, both the concepts and the items are not compatible with each other and with the fiqh books, having some missing, unnecessary or incorrect statements in the items, and the lack of records in the statements. Among the criticisms made in terms of content, first of all, the fact that the provision contained in the article is contrary to the ruling in the fiqh books or the view of the sect should be mentioned. Some of the criticisms in terms of content are related to the preferences made while preparing the Majalla. In this context, it has been the subject of criticism that some of the preferred views are not suitable for the needs of the period or the preferred view in the madhhab, conflicting between preferences from time to time, and not making a choice in some controversial issues. The existence of provisions that do not comply with the requirements of the time, and the asl-far' incompatibility is another reason for criticism. In such criticisms, the suitability of the content of the law with the madhhab books in various aspects has been tried to be revealed, and inappropriate aspects have been criticized. However, ‘Ali Ḥaydar Efendi also pointed out that the text of the law should be prepared by making use of the provisions of different madhhabs, since it does not meet the needs of the time, although it is in accordance with the provisions of the madhhab. ‘Ali Ḥaydar Efendi also criticized the Majalla in terms of missing some issues or not being regulated sufficiently, and included provisions regarding the qarḍ contract and crimes against animals, which were not dealt with even though they should have been included in the Majalla. However, he never touched upon the subjects of consumption and ribā, which were not dealt with in the Majalla, although they should have been. ‘Ali Ḥaydar Efendi said that there is a deficiency in the items dealing with subjects such as luqata and hacr, since some conditions regarding these issues are not included. ‘Ali Ḥaydar Efendi also criticizes the Majalla in terms of the contradiction between the provisions contained in the items; the lack of unity in language, style and terminology among the items; and unnecessary repetitions both between the items and within the items. ‘Ali Ḥaydar Efendi, who did not make any criticism about the repetitions due to the fact that the Majalla was prepared with the casuistic method, justified or criticized the other repetitions and offered suggestions to avoid such repetitions. Also, according to him, there are deliberate repetitions in the Majalla. In addition, he also criticized the Majalla from a systematic point of view, such as the incompatibility of the title and content, the arrangement of similar subjects in different chapters/items/paragraphs, or the handling of different subjects in the same chapter/item/paragraph. Another criticism of ‘Ali Ḥaydar Efendi about the Majalla is about definitions. He criticizes the definitions made as not being collectively exhaustive, mutually exclusive and not being in the definition technique such as the tautology, but also on the grounds that it is not comprehensive, contrary to the method followed in other definitions made in the Majalla, and not being included in the fiqh books. (shrink)

Both social studies and preschool programs mention freedom as a value. However, in typical social studies curricula, the philosophical perspective is not included and no discussion takes place. In the preschool curriculum, freedom is an abstract concept, and the belief that children cannot understand abstract concepts prevails, while value studies are still limited to determining the frequency of values rather than interrogating them. As such, this study aims to explore young children's views on the concept of freedom, how these views (...) changed after their participation in a philosophically oriented activity, and how, consequently, the concept of freedom might be addressed in social studies on a philosophical level. The researchers used an applied qualitative study design, in which 19 children (14 boys, 5 girls) aged 5-6 years were interviewed before and after the presentation of the well-known folk tale “Rapunzel,” along with the question, “… am I free?” An exercise taken from the Philosophy for Children curriculum, "Freedom is similar to…, because…” was used in both pre and post interviews. The study used semi-structured interviews and document analysis as data collection instruments. The data obtained were subjected to descriptive and content analysis. As a result of the study, it was found that before the activity, children tended to discuss the meaning of freedom in the context of its limits (e.g. permission, prohibition, rules), and, following the activity, in the context of positive freedoms (e.g. growth, being independent). (shrink)

The study will examine how the contradiction between the freedom of will of man and the principle that God is the creator of everything is resolved through the risālah of al-Ṣādıq al-Qayṣarī and the commentary written by ʿİzzad ʿÂrif al-Divrīkī on this risālah. In addition, it is aimed to contribute to the literature by making the critical edition and translation of the risālah. The subject of will and human actions, which had been discussed in a theological and moral context in (...) the first centuries, developed with the periods of successors mutakallims and predecessors mutakallims and gained a metaphysical character. Moreover, the subject, which is intertwined with creation and existence theories, has gained great importance and has undergone change and transformation in the process. Because the subject is related to the metaphysical basis of free will and action of the human being. Therefore, our study will try to reveal the original aspects and contributions of these works by examining the contents of these works dealing with the subject of will and action, and that are also concerned with the subjects of existence and creation. (shrink)

The article interprets Franz Caucig’s Socrates with a Disciple and Diotima?, one of several paintings commissioned for Palais Auersperg in Vienna, now housed at the Slovenian National Gallery. Socrates and a young man are in a pastoral setting beneath a plane tree near a river. They are addressed by a woman, and a chariot with maidens can be seen in the background. The scene is from Plato’s Phaedrus, since Socrates never leaves Athens, except for military service and in this scene (...) from the Phaedrus. The woman addressing Socrates and Phaedrus in the painting cannot be Diotima because her chariot has two white horses, indicating a goddess. The most likely goddess would be the goddess in the poem of Parmenides of Elea, the source of the soul-chariot analogy in the Phaedrus. The setting of Caucig’s Socrates painting bears a remarkable similarity to his Amnytus painting, which features political references to Napoleon’s subjection of Gorizia, Caucig’s homeland. Caucig’s Phaedrus remarks upon Napoleon’s conquests, Hegel’s lectures on Parmenides, and David’s idealized painting of Napoleon crossing the Alps. (shrink)

The coronavirus/COVID-19 pandemic has brought about significant changes in the lifestyle of students. However, despite an extensive study of students’ life stress using a non-comprehensive scale and variable-centered approach, it has been little studied with a comprehensive scale and person-centered approach. Using the Student-Life Stress Inventory-revised (SSI-R), we analyzed students’ latent stress profiles and examined differences in psychological resilience and emotional intelligence by comparing stress profiles from a sample of 418 undergraduate and graduate students (aged 18–36) in various departments of (...) eight universities in Turkey. We identified five distinct stress profiles, defined as an extremely low stress group (ELSG), a low stress group (LSG), a medium stress group (MSG), a high stress group (HSG), and an extremely high stress group (EHSG). We found that (1) MSG and HSG were similar in terms of emotional intelligence, resilience, and possession of high standards, and they reported higher levels of physiological, emotional, and behavioral reactions than ELSG and LSG; (2) MSG felt more pressure than HSG; (3) ELSG reported higher levels of emotional intelligence (wellbeing, self-control, and emotionality) than others. Also, EHSG reported lower levels of emotional intelligence (specifically self-control) than others; (4) whereas resilience was highly positively correlated to wellbeing, resilience and wellbeing were moderately negatively correlated to stress. Extremely low stress group and LSG reported higher levels of resilience than others. Medium stress group, HSG, and EHSG did not differ with regard to resilience and wellbeing. Our results suggest that, university students are able to maintain their functionality by coping up with stress in some ways, no matter how stressful they are. These findings are discussed in relation to the relevant literature. (shrink)

It has been commonly argued that there are traces of Jean Paul Sartre on the philosophical system of his partner, Simone de Beauvoir. Some claim that Beauvoir was not original enough when constructing her system and developing her thoughts; according to some others, she even was not a philosopher. From the perspective of Beauvoir, she didn’t even consider herself as a philosopher but as an author. For her, to call somebody a philosopher, they should be like Spinoza, Hegel, or Sartre (...) who constructs a comprehensive philosophical system, loves philosophy, teaches philosophy, understands philosophy, and uses philosophy in their works. Given these criteria, Sartre was a philosopher for her and she admits that Sartre’s philosophy influenced her a lot. Furthermore, she clearly expresses that there was a mutual influence indeed, which means she also influenced Sartre, but her impacts on him were in terms of literature, not philosophy. To give an example, after writing his biography books, Sartre wrote The Words where the traces of Beauvoir can be seen quite easily. This point can also be derived from Sartre’s admittance that he got the clarity and truth in his works--especially when describing a gesture, analyzing a situation, or observing an incident--by means of Beauvoir’s meticulous style and rich experiences. Sartre also indicates that Beauvoir was a perfect complement and privileged reader for him.In this work, our primary focus will be on the details of the influence of Sartre on Beauvoir. Here, I have to point out that even though the title of this paper is determined as “The Impacts of Sartre on Beauvoir” indeed the word “benefit,” instead of “impact,” would do better for our purpose. It is because though Beauvoir was influenced from Sartre’s philosophical identity, when building her thoughts we must say she mostly “benefited” from Sartre’s philosophy. We can easily see the examples of this point in several contexts: first, in the notion of ambiguity, and second, in her analysis of the position of woman. Also, in her notion of “the other” which is a threat for the independence of an individual, she shares the same ideas with Sartre in her early writings, but later, she changed her direction and adopted a different view.If we examine the notion of Beauvoir’s “ambiguity,” though it has various meanings, what she means is that a person is a free and unique subject on the one hand; and on the other hand that person is an object for others. Here, Beauvoir benefits from Sartre’s existential types. She agrees with Sartre on the idea that human existence contains both being-in-itself and being-for-itself; however, she thinks that having these two types of being together in their existence leads to an ambiguity for human beings. Sartre sees humans as beings that are always in a relationship with the other. And in this relationship, when being-for-itselfsubmit to the other, it becomes an object for the other’s freedom. While being-for-itself perceives the other as subject, she, herself, becomes an object. This fact expresses an ambiguity for Beauvoir.Another issue we can associate with the notion of “ambiguity” is related to the relationship between self and the other, the relationship that relies on the confrontation of the consciousness of the self with the consciousness of the other. At this point, the “I” who identifies himself as an absolute being sees the other’s consciousness as a threat and acts like an enemy towards it. It is because the subject that was exposed to the perspective of the other becomes an object now and she loses her freedom due to the intervention of the other. The other makes her an unguarded being. Now, the subject is not an active being but the object of the other. Thus, due to these restraints of the other on the subject’s freedom, the subject must deny the hegemony of the other and get over the problem by making the other an object. Similar to Sartre, Beauvoir, too, sees the existence of the other or others as a danger for her own freedom at the beginning. She considers freedom in individualistic way and sees the others as barriers for her freedom. But later, she changes her stance, and begins to consider the other as a necessary condition for her own freedom.The last point I am going to focus on is the philosophical source of The Second Sex. One of her masterpieces, The Second Sex, in which she gives the explanation of the oppressions women face and established the principles of modern feminism, is about the women who represent “the other gender” due to fact that women are always identified in terms of the differences of their oppressors, men. In The Second Sex, she examines the essential features that make a woman a woman and at the end she comes up with the notion of “the other.” When reaching this notion, in order to show how she applied existentialist ideas of ontology and ethics, she says that men perceive themselves as “I” or “the subject” and women perceive themselves as “the other.” Beauvoir improves the claims of Sartre in The Second Sex in a unique way, and further put forwards that women are regarded as “the other” and men are called as “the subject.” At this point, if the other becomes a threat for the subject or “I,” then, it can be said that women, too, become a similar threat for men.Surely, there are other points that can be said about the impacts of Sartre on Beauvoir. We will also be examining those points as well as the above ones in this work. (shrink)

Bu çalışma, 2015 yılında Birleşmiş Milletler tarafından kabul edilen Sürdürülebilir Kalkınma Hedefleri (SKH) ile neoliberal politikalar arasındaki ilişkiyi incelemektedir. Odak noktası, "tam ve üretken istihdam ile insan onuruna uygun işlerin sağlanması" hedefidir. Araştırma, serbest piyasa güçlerinin ekonomik ve sosyal sorunları çözmedeki etkinliği inancının, bu hedefle olan uyumunu tartışmaya açmaktadır. İstihdamın iş güvencesi, sözleşmeler, ücretler, çalışma saatleri ve sendikal yapılarına dair makroekonomik analizler, neoliberal politikaların SKH'lerle çeliştiğini göstermektedir. Bu eksende, SKH'lerin mevcut politik yapıyla uyumlu olup olmadığı ve neoliberal politikaların sürdürülebilir kalkınma (...) hedeflerine ulaşma üzerindeki etkisini tartışmaktadır. Veriler Dünya Bankası, ILO ve OECD'den alınmış, veri madenciliği yöntemleri kullanılarak Türkiye, OECD ülkeleri ve Dünya düzeyinde karşılaştırmalı analizler yapılmıştır. Bu bağlamda, çalışma sürdürülebilir kalkınma hedeflerine, özellikle iş yaşamına ilişkin boyutlarında, neoliberal politikaların etkilerini değerlendirerek özdüşünümselliğimizi geliştirmeye katkıda bulunmaktadır. (shrink)

Summary The main function of Hellenistic queenship is increasingly understood as contributing to the definition of the basileus. The early Ptolemies produced the most peculiar version of the ‘sister queen’, known throughout the Near East as an ideological construct, but taken literally in Egypt from the time of Ptolemy II Philadelphos and Arsinoe II Philadelphos, the ‘Sibling-Lovers’. The most famous example of a ‘virgin queen’ is Berenike, the daughter of Ptolemy III Euergetes and Berenike II, best known from the Kanopos (...) Decree, which regulated her posthumous cult. Often understood as a merely honorary title for some or potentially all princesses in Alexandria, the basilissa title of unmarried girls has found little scholarly attention so far. Altogether, there are surprisingly few royal daughters for whom we have clear evidence: besides the aforesaid Berenike, her sister Arsinoe III and previously Berenike, the daughter of the Philadelphoi. Claims that Arsinoe II or her sister Philotera had enjoyed the same status at the court of Ptolemy I Soter cannot be substantiated, so that their basilissa titles should be explained by marriage with a king. The phenomenon of virgin queenship was thus of limited duration. It is best interpreted as a ramification of an emphatically endogamous royal dynasty: Ptolemy II and Ptolemy III pledged their most distinguished daughter to the future successor even before he had been chosen from among his brothers. (shrink)