Name der Zeitschrift: Der Islam Jahrgang: 92 Heft: 2 Seiten: 332-366.

The second half of the third/ninth and the fourth/tenth centuries are of particular importance for the development of the judiciary in the central lands of the Abbasid caliphate. At the end of the mihna period and the victory of Sunnism under al-Mutawakkil (r. 232-247/847-861), the caliphate agreed not to interfere further within the legal sphere, thus allowing the principal schools of law to complete their development toward their classical structure. In Iraq, thanks to the growing independence of the legal sphere (...) and to the political weakness of the caliphate, the qadis increased their judicial freedom. Meanwhile, the political situation in Egypt was very different. The provincial rulers and two successive dynasties, the Tulunids (254-292/868-905) and the Ikhshidids (323-358/935-969), profited from the weakness of the caliphate, and imposed their autonomy de facto. The role played by the judiciary in this process is still unclear, as is the impact of Egyptian autonomy on the development of the local judiciary. In this paper, I discuss the evolution of the relationship between the Egyptian governors and the judiciary, from the accession of Ahmad b. Tulun in 254/868 until the arrival of the Fatimids in 358/969. Several elements are taken into consideration: (1) The institutional links between political power and the judiciary: Who appointed the qadis? How were they selected? Did the government choose to rely on local scholars or did the qadis come from outside the province? (2) The financial connection between the governors and the qadis, which was not only symbolic of the delegation of power, but could also denote the submission of the judiciary to the government. (3) The daily interactions between the qadis and the governors. (4) The judicial practice of the qadis. (5) Their reputation. I study to what extent the judiciary and its control was a political issue for the Tulunids and the Ikhshidids, and how the efforts of these two dynasties to build an Egyptian autonomy had important consequences on the structure of the legal milieu. (shrink)

The dating of Islamic traditions has so far remained dependent on internal analyses of the hadith corpus. However, a comparison between this corpus and documentary sources appears possible. Invocations engraved on rocks during the first three centuries of Islam can be compared with those attributed to the earliest authorities of Islam. The new method I propose, based on an analysis of lexical convergences between inscriptions and hadith, allows to approach the time when traditions were first put into circulation and to (...) study the process whereby invocatory formulas were incorporated into the sunna and attributed to various authorities. In this way, it becomes possible to identify a historically plausible lexical nucleus in prophetic hadith and to understand how, by means of transmitters that I call “hubs,” ancient non-prophetic traditions became prophetic. (shrink)

L’invention du cadi: La justice des musulmans, des juifs et des chrétiens aux premiers siècles de l’Is- lam. By Mathieu Tillier. Bibliothèque historique des pays d’Islam, vol. 10. Paris : Publications de la Sorbonne, 2017. Pp. 704. €45.

Dans la littérature arabe médiévale, il existe une façon spécifique de mourir à cause d’une passion amoureuse, liée à la conception d’un amour chaste qui possède ses propres valeurs et qui ne peut s’exprimer que dans les limites de ses propres règles. Le présent article étudie les vers récités par les amants avant d’exhaler leur dernier souffle contenus dans une vingtaine de notices d’al-Wāḍiḥ al-mubīn fī ḏikr man ustušhida min al-muḥibbīn (ou Précis des martyrs de l’amour) de Mughulṭāy (m. 1361). (...) En analysant les situations dans lesquelles ces vers sont prononcés, nous avons essayé de comprendre s’il existe (ou non) une manière spécifique, déclinée au féminin, d’exprimer son émotion avant de mourir. (shrink)

Dans le prolongement de sa thèse sur les enfants abandonnés en Bretagne, soutenue en 2010 à l’université de Rennes, Isabelle Le Boulanger esquisse dans ce volume, en relisant ses notes d’archives, une étude des agressions sexuelles commises sur des enfants dans la Bretagne du xixe siècle. Son corpus est constitué d’un échantillon aléatoire d’archives judiciaires (dépouillement d’une année de dossiers de procédure par décennie), au demeurant inégalement conservées dans les cinq départements qu...

Prominent ethical and policy issues such as affirmative action and female enrollment in science and engineering revolve around the idea that diversity is good. However, a precise definition is seldom provided. I show that diversity may be construed as a factual description, a craving for symmetry, an intrinsic good, an instrumental good, a symptom, or a side effect. These acceptions differ vastly in their nature and properties. Some are deeply mistaken and some others cannot lead to concrete policies. It is (...) thus necessary to clarify what one means by ‘diversity.’ It may be a neutral description of a given state; but this is insufficient to act. The idea that there should be the same representation in a specific context as in the overall population is both puzzling and arbitrary. Diversity as intrinsic good is a mere opinion, which cannot be concretely applied; moreover, the most commonly invoked forms of diversity are not intrinsically good. On the other hand, diversity as instrumental good can be evaluated empirically and can give rise to policies, but these may be very weak. Finally, symptoms and side effects are not actually about diversity. I consider the example of female enrollment in science and engineering, interpreting the various arguments found in the literature in light of this polysemy. (shrink)

This article focuses on defective conditionals ? namely indicative conditionals whose antecedents are false and whose truth-values therefore cannot be determined. The problem is to decide which formal connective can adequately represent this usage. Classical logic renders defective conditionals true whereas traditional mathematics dismisses them as irrelevant. This difference in treatment entails that, at the propositional level, classical logic validates some sentences that are intuitively false in plane geometry. With two proofs, I show that the same flaw is shared by (...) a family of trivalent logics. I go on to examine the strict conditional and its derivatives. This family is the only one to avoid the faulty inference but it does so without addressing the status of the truth-value assigned to defective conditionals. (shrink)

According to Clifford Geertz, the purpose of anthropology is not to explain culture but to explicate it. That should cause us to rethink our relationship with machine learning. It is, we contend, perfectly possible that machine learning algorithms, which are unable to explain, and could even be unexplainable themselves, can still be of critical use in a process of explication. Thus, we report on an experiment with anthropological AI. From a dataset of 175K Facebook comments, we trained a neural network (...) to predict the emoji reaction associated with a comment and asked a group of human players to compete against the machine. We show that a) the machine can reach the same accuracy as the players, b) it fails in roughly the same ways as the players, and c) easily predictable emoji reactions tend to reflect unambiguous situations where interpretation is easy. We therefore repurpose the failures of the neural network to point us to deeper and more ambiguous situations where interpretation is hard and explication becomes both necessary and interesting. We use this experiment as a point of departure for discussing how experiences from anthropology, and in particular the tension between formalist ethnoscience and interpretive thick description, might contribute to debates about explainable AI. (shrink)

There is now an awakening to and recognition of the emotionally complex lives of some non-human animals. While their forms of consciousness may vary, some are indeed conscious and deserve political consideration. What that political consideration ought to be is the central topic of this article. First, I argue that interspecies justice must be understood in terms of the relationships that foster individual flourishing of all concerned. The obstacles to such flourishing are the five faces of oppression famously identified by (...) Iris Marion Young: exploitation, marginalization, powerlessness, cultural imperialism, and violence. By extending Young’s concept of the social group to intra- and interspecies groups, we become more attuned to differences between and among species. Theorizing the existence of interspecies groups brings forward new avenues to explore oppression and simultaneously theorize its opposite – interspecies justice. Second, I argue that a positive theory of interspecies flourishing can be developed on the basis of Marx’s materialist philosophy and reclamation of species-being. Though Marx uses humanist language throughout the Economic and Philosophic Manuscripts of 1844, attention to his methodological commitments reveals that some non-human animals can no longer be excluded from the capability of flourishing and species-being. Some non-human animals are conscious, act purposefully, and labor creatively and must be included in our circle of moral and political concern. (shrink)

Si l’on possède peu de témoignages sur la manière dont les femmes du XIXe siècle ont vécu le vieillissement, les discours des médecins sur cette question abondent. La ménopause est décrite par eux comme une période particulièrement dangereuse qui, à l’instar de la puberté, bouleverse toute l’économie de la femme. Au nombre des maladies qui sont susceptibles de l’assaillir lorsque s’interrompt le mécanisme régulateur que représentait la menstruation s’ajoute la blessure narcissique que provoque la perte de sa féminité et l’entrée (...) dans l’âge de décrépitude. Plus encore, la femme perdant avec la faculté d’engendrer sa vocation sociale (la maternité), cette période, souvent qualifiée d’âge critique ou d’âge dangereux, s’annonce comme une véritable mort sociale. Privée de sa capacité de séduction, fragilisée par la révolution physiologique qui s’opère en elle, la femme, encouragée à se retirer d’un monde où elle ne peut plus briller, est plus que jamais assignée à la sphère privée. (shrink)

Bringing Pierre Bourdieu to Science and Technology Studies Content Type Journal Article Pages 263-273 DOI 10.1007/s11024-011-9174-2 Authors Mathieu Albert, Wilson Centre and Department of Psychiatry, Faculty of Medicine, University of Toronto, 200 Elizabeth Street , Eaton-South 1-581, Toronto, ON M5G 2C4, Canada Daniel Lee Kleinman, Department of Community and Environmental Sociology, University of Wisconsin-Madison, 348 Agricultural Hall 1450 Linden Drive, Madison, WI 53706, USA Journal Minerva Online ISSN 1573-1871 Print ISSN 0026-4695 Journal Volume Volume 49 Journal Issue Volume 49, (...) Number 3. (shrink)

This article maps a controversy in network science over the last 15 years, dividing the field about the epistemic status of a central notion, scale-freeness. The article accounts for the two main disputes, in 2005 and in 2018, as they unfolded in academic publications and on social media. This article analyzes the conflict, and the reasons why it reignited in 2018, to the surprise of many. It is argued that the concept of complex networks is shared by the distinct subcultures (...) of theorists and experimentalists; and that these subcultures have incompatible approaches to knowledge: nomothetic and idiographic. Following Galison, this article contends that network science is a trading zone where theorists and experimentalists can trade knowledge across the epistemic divide. (shrink)

A Polish space is not always homeomorphic to a computably presented Polish space. In this article, we examine degrees of non-computability of presenting homeomorphic copies of compact Polish spaces. We show that there exists a $\mathbf {0}'$ -computable low $_3$ compact Polish space which is not homeomorphic to a computable one, and that, for any natural number $n\geq 2$, there exists a Polish space $X_n$ such that exactly the high $_{n}$ -degrees are required to present the homeomorphism type of $X_n$. (...) Along the way we investigate the computable aspects of Čech homology groups. We also show that no compact Polish space has a least presentation with respect to Turing reducibility. (shrink)

This paper presents the first possible world semantics for concessive conditionals (i.e., even if A, C conditionals) constructed in a compositional way. First, the meaning of if is formalized through a semantics that builds on the proposal given by Stalnaker (1968). A major difference from Stalnaker’s approach is that irrelevant conditionals (i.e., conditionals where the antecedent and the consequent have no connection) are false in this new setting. Second, the meaning of even is analyzed through a formal semantics based on (...) the notion of scale. This analysis overcomes the problems arising in standard approaches, in which even is analyzed with the help of pragmatic presuppositions. Finally, the two particles are combined in order to provide a formal analysis of even if. This theory predicts the major phenomena concerning the behavior of concessive conditionals and without any call to pragmatic explanations. More generally, this approach creates the possibility of a compositional analysis of other conditionals such as if then or only if forms. (shrink)

Research has shown that context influences how sincere a smile appears to observers. That said, most studies on this topic have focused exclusively on situational cues (e.g. smiling while at a party versus smiling during a job interview) and few have examined other elements of context. One important element concerns any knowledge an observer might have about the smiler as an individual (e.g. their habitual behaviours, traits or attitudes). In this manuscript, we present three experiments that explored the influence of (...) such knowledge on ratings of smile sincerity. In Experiments 1 and 2, participants rated the sincerity of Duchenne and non-Duchenne smiles after having been exposed to cues about the smiler’s tendency to reciprocate (this person always, never or occasionally returns favours). In Experiment 3 they performed the same task but with cues about the smiler’s love of learning (this person always, never or occasionally enjoys learning new tasks). The results show that cues about the smiler’s reciprocity tendency influenced participants’ ratings of smile sincerity and did so in a stronger manner than cues about the smiler’s love of learning. Overall, these results both strengthen and broaden the literature on the role of context on judgements of smile sincerity. (shrink)

This paper argues that most contemporary accounts of weakness of will either implicitly or explicitly assume that regret is a typical or even necessary element of standard cases of weakness of will and that this assumption is mistaken. I draw on empirical and philosophical work on self-assessment to show that regret need not accompany typical weak-willed behavior, and that we should therefore revise the dominant account of the difference between weakness of will and changes of mind.

Thesis (Ph.D, Philosophy) -- Queen's University, 2009-08-31 12:18:30.156.

We present the inconsistency-adaptive deontic logic DP r , a nonmonotonic logic for dealing with conflicts between normative statements. On the one hand, this logic does not lead to explosion in view of normative conflicts such as O A ∧ O ∼A, O A ∧ P ∼A or even O A ∧ ∼O A. On the other hand, DP r still verifies all intuitively reliable inferences valid in Standard Deontic Logic (SDL). DP r interprets a given premise set ‘as normally (...) as possible’ with respect to SDL. Whereas some SDL-rules are verified unconditionally by DP r , others are verified conditionally. The latter are applicable unless they rely on formulas that turn out to behave inconsistently in view of the premises. This dynamic process is mirrored by the proof theory of DP r. (shrink)

We present two defeasible logics of norm-propositions (statements about norms) that (i) consistently allow for the possibility of normative gaps and normative conflicts, and (ii) map each premise set to a sufficiently rich consequence set. In order to meet (i), we define the logic LNP, a conflict- and gap-tolerant logic of norm-propositions capable of formalizing both normative conflicts and normative gaps within the object language. Next, we strengthen LNP within the adaptive logic framework for non-monotonic reasoning in order to meet (...) (ii). This results in the adaptive logics LNPr and LNPm, which interpret a given set of premises in such a way that normative conflicts and normative gaps are avoided ‘whenever possible’. LNPr and LNPm are equipped with a preferential semantics and a dynamic proof theory. (shrink)

Even when inconsistencies are present in our premise set, we can sensibly distinguish between good and bad arguments relying on these premises. In making this distinction, the inconsistency-adaptive approach of Batens strikes a particularly nice balance between inconsistency-tolerance and inferential strength. In this paper, we use the machinery of Batens’ approach to extend the paraconsistent approach to dialogical logic as developed by Rahman and Carnielli. In bringing these frameworks closer together, we obtain a dynamic mechanism for the systematic study of (...) dialogues in which two parties exchange arguments over a central claim, in the possible presence of inconsistencies. (shrink)

The starting point of this conversation with philosopher Mathieu Triclot is the issue of the causal contribution of video game playing in school shootings. Triclot explains the limitations of current psychological approaches regarding video game violence. He further develops on the peculiar features of the video game medium and how they relate to the problem of violence. Triclot eventually shows that, although players may relate to virtual violence in very different ways, violence in video games is not merely a (...) subjective phenomenon. He highlights that some “regimes of experience,” which got stable in the video game culture, cultivate a toxic relation to violence. (shrink)

High-fidelity cultural transmission, rather than brute intelligence, is the secret of our species’ success, or so many cultural evolutionists claim. It has been selected because it ensures the spread, stability and longevity of beneficial cultural traditions, and it supports cumulative cultural change. To play these roles, however, fidelity must be a causally-efficient property of cultural transmission. This is where the grain problem comes in and challenges the explanatory potency of fidelity. Assessing the degree of fidelity of any episode or mechanism (...) of cultural transmission always depends upon an investigator’s choice of grain of description at which cultural traditions are being studied. The fidelity of cultural transmission then appears to be relative to the granularity at which one approaches cultural variation, and since there is a multiplicity of grains of description by which the same tradition can be studied, there results a multiplicity of measures of fidelity for a same event or mechanism of cultural transmission. If this is correct, because fidelity is always relative to the grain of description dictated by the local and specific research interests of the investigator, then there seems to be no fact of the matter as to whether cultural transmission is faithful or not, independently from a researcher’s framework of analysis. The aims of this paper are to offer a conceptual clarification of the grain problem in cultural evolution, to assess its causes, to unpack its epistemological implications, and to examine its reach and consequences for a science of cultural evolution. (shrink)

The question of justice in Western philosophy finds its humble beginnings in the interplay of life and death. I am referring here to Plato’s Apology. The Apology is not only a text tracing the fate of the great philosopher Socrates by recounting his final speech before the judges of Athens, but it is also a text that, on a more subtle level, announces the advent of a promising justice that is birthed from death, or, to be more precise, from a (...) specific kind of death. Socrates, here, develops a justice that does not surge from the defence of one’s determination as a singular accused, or from the reconciliation of the criminal singularity into the ethical social body through pardon or punishment, but which rather derives from a negation, a radical annihilation of the category of pure singularity. Socrates does not defend himself as an accused who is determinately and definitively singular, but rather affirms the fact that, in some sense, there is no such singular to be defended, that he is not even one (οὐδείς), less than one, nothing. It is, precisely, in this affirmation of a negative, in this opening of a chasm, that a radically other conception of justice and its relation to the singular is subtly proposed. By pushing the singular to the margins of its possibility, by challenging, bending, pushing the question of the singular and its defence to its outmost limit, Socrates redeploys justice not as a remedying balance, but as the abysmal economy of the bottomless question, a fall into the void, in which life, death, the singular and justice co-incide to burst all definitive determination, substantial opposition and the possibility of establishing a firm ground for any such categories to hold as such. In gradually shedding off the substantial presuppositions of his singularity (knowledge, self-relation and relation to others), he unleashes a modality of the singular which deploys a kind of justice, a wholly other justice, which has shaken the tradition ever since, and, as this article will seek to show, reverberates again in what Jacques Derrida called deconstruction. (shrink)

Prior work on weakness of will has assumed that it is a thoroughly psychological phenomenon. At least, it has assumed that ordinary attributions of weakness of will are purely psychological attributions, keyed to the violation of practical commitments by the weak-willed agent. Debate has recently focused on which sort of practical commitment, intention or normative judgment, is more central to the ordinary concept of weakness of will. We report five experiments that significantly advance our understanding of weakness of will attributions (...) by showing that the ordinary concept of weakness of will is less thoroughly psychological than the philosophical debate has assumed. We begin by showing that a sizable minority of people attribute weakness of will even in the absence of a violated commitment (Experiment 1). We then show that weakness of will attributions are sensitive to two important non-psychological factors. First, for actions stereotypically associated with weakness of will, the absence of certain commitments often triggers weakness of will attributions (Experiments 2–4). Second, the quality of an action’s outcome affects the extent to which an agent is viewed as weak-willed: actions with bad consequences are more likely to be viewed as weak-willed (Experiment 5). Our most important finding is that the ordinary concept of weakness of will is sensitive to two non-psychological factors and is thus much broader than philosophers have thus far imagined. We conclude by suggesting a two-tier model that unites our findings with traditional philosophical theorizing about weakness of will. (shrink)

A leading idea of cultural evolutionary theory is that for human cultures to undergo evolutionary change, cultural transmission must generally serve as a high-fidelity copying process. In analogy to genetic inheritance, the high fidelity of human cultural transmission would act as a safeguard against the transformation and loss of cultural information, thus ensuring both the stability and longevity of cultural traditions. Cultural fidelity would also serve as the key difference-maker between human cumulative cultures and non-human non-cumulative traditions, explaining why only (...) us humans, with our uniquely high-fidelity transmission capabilities, are capable of evolving and sustaining complex traditions. But what does it mean for cultural transmission to be more or less faithful? This article has two objectives. The first is to clarify the meaning and uses of the concept of cultural fidelity and to evaluate their explanatory import. I argue that cultural evolutionists use several fidelity concepts (episodic, propensity, and generalized fidelity), concepts that I will define and clarify. The second objective is to challenge the explanatory significance of a general notion of fidelity (generalized fidelity) as being both explanatorily meaningful and operationalizable. I conclude that if fidelity is to serve as an explanation of the key differences between human cumulative cultures and non-human non-cumulative traditions, then the concept will have to be redesigned and rely on different assumptions. 1Introduction 2Generalized Fidelity 2.1The need for an explanatory concept of fidelity 2.2Three conditions for a general notion of cultural fidelity 3Episodic Fidelity 3.1Measuring episodic fidelity 3.2The relevance problem 3.3Explanatory pluralism 3.4The incommensurability of fidelity metrics 4Propensity Fidelity 5Fidelity as an Explanatory Concept 5.1Explaining cultural stability 5.2Explaining human distinctiveness 6Conclusion. (shrink)

We propose a logic of abduction that (i) provides an appropriate formalization of the explanatory conditional, and that (ii) captures the defeasible nature of abductive inference. For (i), we argue that explanatory conditionals are non-classical, and rely on Brian Chellas’s work on conditional logics for providing an alternative formalization of the explanatory conditional. For (ii), we make use of the adaptive logics framework for modeling defeasible reasoning. We show how our proposal allows for a more natural reading of explanatory relations, (...) and how it overcomes problems faced by other systems in the literature. (shrink)

La thèse que présuppose ce livre est la suivante : la modernité, que l'on dit "désenchantée", est triste, parce que désenchantée. Les textes qui y sont rassemblés veulent mettre en présence, mais aussi en question, les deux sens du mot "désenchantement" : l'idée que l'avancement de la "raison instrumentale" (C Taylor)s'est accompagné du recul du domaine du magique, du merveilleux, du mythe, et celle selon laquelle la modernité est morose. Mais il s'agit ici de penser moins la morosité que la (...) joie liée à ce que pourrait être une philosophie du réenchantement du monde. Non pas tant, donc, replonger dans les thèses sur le désenchantement qu'imaginer ce que pourrait être un certain réenchantement. A cet égard, on a voulu porter un regard privilégié sur l'enfance, "terre de l'humain" (T De Koninck), comme sur une manière d'idéal qui pointerait vers la question du sens d'une existence qui vaille d'être vécue. Le pari de ce projet est en définitive qu'une philosophie du réenchantement du monde témoignera que la vie peut être une aventure exaltante, passionnante, un parcours sensé et par conséquent rempli d'espoir, comme dans ces contes pour enfants qui jadis faisaient notre joie. (shrink)

Over the last twenty years the debate over the origin of modern Man has broadened, the supporters of a theory of regional diversification of Homo sapiens being often opposed by those holding to the single source theory (the ‘Out of Africa’ model). At the same time, the idea of Homo neanderthalensis as a separate species was being resurrected, supported by bone classification typology and drawing on arguments derived from palaeogenetic analyses, which buttressed the case for the existence of distinct species (...) and for privileging an African origin for modern humans. The prospects offered by palaeogenetic research to find answers for the questions concerning the relationship between modern humans and Neanderthals throw up numerous questions and all the obstacles have not yet been removed. Palaeoanthropology, from its point of view, casts major doubt on the thesis according to which man has always evolved in the same direction. (shrink)