In this article, inspired by Whiteness Studies, I propose two concepts that allow us to see the question of ethnicity as well as the history of the Turkish Republic through the lens of privilege: Turkishness and the Turkishness Contract. By Turkishness, I mean a patterned but mostly unrecognized relationship between Turkish individuals’ ethnic position and their ways of seeing, hearing, feeling and knowing – as well as not seeing, not hearing, not feeling and not knowing. These (...) ways and states of Turkishness have been shaped by a set of written/unwritten and spoken/unspoken agreements among the Muslims of Anatolia. However, during the last 40 years, the Kurdish movement, by creating a military and civilian resistance with mass support, has challenged the fundamentals of the contract and therefore caused a dramatic crisis of identity and selfhood for Turkishness. (shrink)

In this article, inspired by Whiteness Studies, I propose two concepts that allow us to see the question of ethnicity as well as the history of the Turkish Republic through the lens of privilege: Turkishness and the Turkishness Contract. By Turkishness, I mean a patterned but mostly unrecognized relationship between Turkish individuals’ ethnic position and their ways of seeing, hearing, feeling and knowing – as well as not seeing, not hearing, not feeling and not knowing. These (...) ways and states of Turkishness have been shaped by a set of written/unwritten and spoken/unspoken agreements among the Muslims of Anatolia. However, during the last 40 years, the Kurdish movement, by creating a military and civilian resistance with mass support, has challenged the fundamentals of the contract and therefore caused a dramatic crisis of identity and selfhood for Turkishness. (shrink)

The rights granted to individuals by the legal system are examined with a fundamental distinction as regards their economic value as "property rights" and "personal rights". Property rights, which differ from personal rights in terms of their economic value, are characterized as ‘absolute’ if they can be asserted against everyone and as ‘relative’ if they can only be claimed against the convict on behalf of the debtor. If absolute property rights are based on a tangible (physical) subject, they are referred (...) to as real rights. Real rights and rights of claim that have relative characteristics and can therefore only be used through the act of a specific person constitute two important components of a property. Although various attempts have been made to bring these two types of rights closer together in the historical process, these rights have continued to be considered different in terms of both nature and legal implications. The aforementioned difference arises from the form of dominance over the subject of the right, whether it is direct or indirect, the impact of these rights on the ownership of the property, whether the right is absolute or relative, whether it is continuous or not, and priority/superiority, which will be discussed in detail in the article. The conceptual framework and terms belonging to the Continental European legal system are also found in Islamic legal doctrine in similar or equivalent forms. In this context, the term "milk" has been used in the fiqh literature to encompass all property rights, and terms such as "milk al-ayn," "milk al-manfaa," "milk al-dayn," and "milk al-habs wal-yad" have been developed depending on the nature of the property subject to the right. Real rights and personal rights constitute two important parts of the asset. In some cases where legal interests between people are confronted, it may be necessary to choose between these two types of rights. In such cases, considering the authorities it contains, a kind of priority has been given to real rights over personal rights. One of the cases where this priority is most clearly seen is when a leased property is transferred to third parties while the current lease agreement is in effect. In Islamic law, the authorities granted to the person by the lease contract differ from the Continental European legal system. At this point, the powers granted by the lease contract in Islamic law differ from those in the Continental European legal system. This article argues that the right of the tenant in this regard is considered as real right in Islamic law, unlike in the Continental European legal system. To justify this, the authorities granted to the tenant in Islamic law have been examined in cases where the leased property is transferred to third parties through means that can be interpreted as unlawful acts such as sale, lease, or usurpation during the lease period. In addition, the unique approach of Islamic law on this issue has been expressed by considering both classical and modern fiqh works, and by making comparisons with Turkish law. (shrink)

Money, the most important element of economic life, has attracted the attention of many branches of science throughout history. As a result, various disciplines have examined the issue of money and made some determinations about it. One of the disciplines that deals with the money issue is jurisprudence. Jurisprudence has examined the position of money vis-à-vis commodities and other currencies and has tried to establish a fair and just relationship between them. Islamic jurists have also dealt with the legal status (...) of money and discussed the conceptual framework of money in legal terms. The monetary value of gold and silver is accepted in Islamic law and a verdict has been reached on this acceptance. However, there is divergence of opinion on the legal status of the counterfeit money that has been used by many societies and states in history. While Abū Ḥanīfa and, according to one opinion, Abū Yūsuf accepted that fals (coin) are not money, Muḥammad maintained that fals are money. As in many areas of law, sales and debt contracts are also judged according to this assumption. However, if we look at the details of Abū Yūsuf's opinion, we see that some of the contracts accept the monetary value of fals. So, if we assume that we lend 1000 Turkish Liras (TL) with today's coins - according to Abū Ḥanīfa - it means that in case the lent money is withdrawn from circulation, the money should be paid back according to the the weight of the coins that made 1000 TL. Regardless of the weight of the 1000 TL, Abū Yūsuf says that the value of 1000 TL should be repaid. In this case, Abū Yūsuf considers the monetary aspect of these coins. Therefore, it can be stated that there are some differences in the details of the view that counterfeits are accepted as absolute goods in the Hanafi school, and the monetary aspect of counterfeits is also present. Imam Muḥammad dealt with the trade of coins in a special section and examined the position of coins vis-à-vis various goods. He stated several times in this section that fals are in the position of dīnārs and dirhams (gold and silver coin). While Imam Muḥammad evaluated rock as money, he defended this view in practical terms. Namely, he accepted that one of the important features of coins, denomination by signs, is also present in coins and that one can pay with rocks (fals) other than the coin shown in the purchase. However, it should be noted that the coins to be paid must be in circulation. Likewise, the company, salam (forward sale), etc. assumes the monetary value of the rock (fals) and has decided accordingly. There is no complete consensus on this issue within the Ḥanafi tradition. Although in the early works the views of Abū Ḥanīfa and Abū Yūsuf dominate, one sees that in the later works the view of Imam Muḥammad is preferred. This view was also preferred in the recent Medjelle. In commercial life, goods are essential and money is used as a means of transportation for goods. Therefore, it should not be disregarded that money as a means of measuring value is based on the acceptance of people, regardless of what metal it is made of. Therefore, the monetary nature of the goods used as money by society should be accepted. In fact, the Medjelli-yi Aḥkām-i ʻAdliyye, which was established on the basis of the Ḥanafi school, accepted that fals are money and introduced laws in this direction in some areas of the Islamic law. Opinions in this direction have been expressed in some studies written in modern times. In this study, firstly, information about the structure of the fals and their use in Islamic history is given. Then, the Ḥanafi School founding scholars’ assessments of fals are discussed theoretically. In the following section, the disagreements of the Ḥanafi imams in some areas of law are practically examined. (shrink)

There is an inevitable interaction between Arabic and Turkish as word transitions occur in every language. One of the common examples of this exchange between Arabic and Turkish is the word ikhtilāf (conflict).However, it is not possible to say that the bilingual partnership about this word is meaningful. Because this word expresses the meaning of opposition, contradiction, diversity, separation of opinion between two persons or groups, opposing attitude and contradictory attitude in Arabic, all of these meanings are not transferred into (...) Turkish.In other words, the word ikhtilāf’s meaning is narrowed during its transition into Turkish. In fact, the word is almost fixed in Turkish as “the separation of opinion between two persons or groups”. This difference in the meaning of the language between the two languages ​​of the contradiction must not be construed and interpreted as “controversy” or “disagreeing” at every passing moment of the word. Because in some verses this situation can be a wrong choice.Differences in interpretation in tafsir and translation errors are the most obvious indication of this possibility. Therefore, it should be considered that the use and meaning of the word may be changed according to the text. SummaryWords and concepts are the most important tools for people to share with their interlocutors both in oral communication and in writing. Because the meaning of the preferred word and concept directly affects the increase or decrease of the power of the message to be given. So, the choice of word and concept are important in the spoken word and the used word. However, despite this importance, people are not entirely free in word selection. This is because there is no vocabulary to express everything separately. So, the words are limited, and the objects named through them are unlimited. This led people use some words that have more than one meaning, which also explains the emergence of the concept of polysemy.Polysemy is a phenomenon seen in Arabic as well as in many languages. Since the Qur'ān, which contains the messages of Allah to humanity, is in Arabic, there are many words that have two or more meanings. This situation should be taken into account to understand the Qur'ān and its context when determining the meaning of such words. Revealing all potential meanings of qur’ānic expressions is important to convey the intended meaning. In other words, the inability to detect the correct meaning of the word or to ignore the fact that it is very meaningful makes some comprehension problems inevitable.One of the words in this context that have the problem of understanding is the concept ikhtilāf(Conflict). This concept, which is used 51 times in 45 verses in different ways, does not mean the same meaning wherever it is used. It is used in more than one meaning depending on the context in which it is located. The change and diversity that points to the power of Allah, the conflict, the separation of thought and behaviour between the two groups, and the unilateral opposition attitude of a person or group are the meanings of this concept. There is no significant difference in the tafsirs of these meanings regarding the meanings of change, diversity, and contradiction. The differences seen in the exegesis (tafsīr) are in the way that the same meaning is mostly stated in a different way. This situation in the tafsirs was reflected to Turkish translations of the Qur'ān on the meaning of the concept and it was translated correctly in general. This shows that the context of determining the meaning of the concept is taken into account and that the polysemy of the concept is not an important problem in the meaning of “change,” “diversity” and “contradiction.”One of the most important meanings of the concept of ikhtilāf(Conflict) is the difference of thought and behaviour between two people or groups. In this sense, the concept has two subjects and refers to the situation of these two subjects against each other. This meaning, which we see more in the use of the concept as verb, refers to the conflict and contradiction of the different thoughts and attitudes that people have to against others they face because of their personal characteristics and ideology. In this sense, ikhtilāf(Conflict) among the sides reflects a negative situation without the possibility of finding the ground and the middle way. In the verses where the concept is used in this sense, there are also elements that indicate the difference of opinion between the two subjects, such as bayna(between) preposition, the believing-disbeliever comparison. The concept has been translated into Turkish with this sense in the Qur'ān. Its meanings of conflict, conflict and conflict are also used in Turkish. Therefore, it is possible to say that this meaning has a common meaning between Arabic and Turkish. Therefore, meanings of the concept such as conflict, disagreement, etc. in Turkish translations of the Qur'an are enough to reflect the meaning of the verses in this context. So, it is possible to say that in meaning of the concept does not have a problem of understanding and interpreting in general.The concept of ikhtilāf(Conflict) is also used to counter and oppose to a thought or belief in the Qur’an except for the general meaning of the above. With this meaning we encounter in the usage of ikhtalafaand mukhtalifin this sense, it is not only the mutual attitude of the two sides but the dissident, against and opposing attitude of one side towards the other. As such, the concept reflects an action of "one subject". As in the case of conflict between the two sides, there is a negative and undesirable situation in this usage. Because in the verses where the concept is used in this sense, the contradictions, and attitudes of the unbelievers about the faith revealed by Allah, religion, the book, and the prophet are generally explained. However, this meaning of the concept has not been translated into Turkish. In other words, there is no meaning in the word ikhtilāf(Conflict) used in Turkish. Therefore, there is no exact equivalence between Turkish and Arabic regarding this meaning of the word. For this reason, translations in the form of “conflict,” “dispute” for use in this sense are insufficient to reflect the meaning of it. Because, in these translations, the contraction of the concept which was experienced in the transition from Arabic to Turkish was not observed. This causes the misunderstandings of the verses in which this concept exists.The concept of ikhtilāf(Conflict) refers to the differences of tafsir in the verses that express the opposing attitude of a person or group as with other polysemy concepts, this concept also points to the need to be careful. Instead of giving the same meaning in every passage of such polysemy concepts, it is necessary to determine the correct meaning according to the context of the unity of the verse and its context. The same sensitivity should be taken into consideration in translating the concept into Turkish. So, while translating the concept passed in Turkish by narrowing, that accepting it is true in both languages and transferring to Turkish according to it is insufficient to reflect the meaning referred in the verse. (shrink)

Introduction -- "Every Legitimate Government is Republican": Rousseau's Debt to and Departure from Montesquieu on Republicanism -- What if There is no Legislator? Rousseau's History of the Government of Geneva -- Rousseau's Republican Citizenship: The Moral Psychology of The Social Contract -- Rousseau's negative liberty: Themes of domination and skepticism in The Social Contract -- Rousseau's Ancient Ends of Legislation: Liberty, Equality (& Fraternity) -- Property and Possession in Rousseau's Social Contract -- Political Equality Among Unequals -- (...) On the Primacy of Peoplehood: Nations and Nationalism in Rousseau's Social Contract -- Rousseau on Voting and Electoral Laws -- Rousseau and the puzzle of the Roman Republic -- Rousseau's Case against Democracy -- Rousseau's Dilemma or "Of Civil Religion" -- Entreating the Political: Politics and Theology in Rousseau's Social Contract -- Civil Religion and Political Unity: Social Contract 4.8. (shrink)

Tarımsal üretim pek çok ekonomide olduğu gibi Türkiye’de de önemli bir paya sahiptir. Özellikle fındık, çay ve yaş meyvelerin üretimi yakın tarihe kadar bilinçsizce gerçekleştirilse de günümüzde üretim imkânlarının gelişmesi sayesinde az maliyetle yüksek verim alınabilmektedir. Fakat başta miras yoluyla arazilerin bölünmesi, köyden şehre göç olmak üzere çeşitli nedenlerden dolayı ya tarım arazileri sahipleri tarafından terk edilmekte ya da yarıcılığa verilmek suretiyle işlenmeye devam edilmektedir. Halk arasında yarıcılık olarak bilinen bu ortaklıkların temeli, fıkıhtaki müzâraa ve müsâkāt ortaklıklarına dayanmaktadır. Bu çalışmanın (...) amacı halk arasında yarıcılık olarak bilinen ve uygulanan müsâkāt ortaklıklarının fındık bahçelerinde nasıl yapıldığını tespit etmek ve fıkhi problemlere neden olan uygulamadaki aksaklıkların giderilmesi için öneriler geliştirmektedir. Nitel araştırma yönteminin benimsendiği araştırmada, araştırma deseni olarak fenomenolojik yaklaşım kullanılmıştır. Araştırmamızın veri toplama yöntemi yarı yapılandırılmış görüşme ve doküman incelemesidir. Araştırmanın çalışma grubu kartopu örnekleme yöntemiyle seçilen ve daha önce müsâkāt akdi yapmış fındık bahçesi sahibi veya fındık bahçesinin mahsulüne ortak olmuş 8 kişiden oluşmaktadır. Çalışmanın, klasik fıkıhla irtibatının yanı sıra, halk arasında güncel bir uygulamanın nasıl yapıldığını ayrıntılarıyla ortaya koyması açısından sosyolojik, tarımsal üretimi konu edinmesi açısından ise tarım ekonomisini ilgilendiren boyutları bulunmaktadır. Agricultural production has an important role in the Turkish economy as in many countries. However, the hazelnuts, tea and fresh fruits have been produced through inefficient methods for a long time. With the development of technology and new techniques, farmers have started to produce more efficient agricultural production with low costs. The basis of these partnerships, known as sharecroppers among the farmers, is based on muzara’ah and musaqat partnerships in Islamic Law. However, today it is not known whether these partnerships are made in accordance with the conditions of muzara’ah and musaqat agreements. In this study, we investigate how musaqat partnerships are made over hazelnut production, and we also try to detect problems that appear during the partnership. In addition, we offer suggestions to eliminate the detected problems. When the literature on musaqat is examined, it is seen that this partnership agreement is not the subject of research separately, and that the issue is generally discussed in some fiqh issues that concern partnership agreements. During the literature review, it was seen that today there are no studies on how the partnership contract is fulfilled and what problems emerge in terms of Islamic law. The fact that this study directly focuses on the current practices of musaqat partnership and identifies the emerging fiqh problems will fill a gap in the literature. (shrink)

Pateman challenges the way contemporary society functions by questioning the standard interpretation of an idea that is deeply embedded in American and British political thought: that our rights and freedoms derive from the social contract explicated by Locke, Hobbes, and Rousseau and interpreted in the United States by the Founding Fathers. The author shows how we are told only half the story of the original contract that establishes modern patriarchy. The sexual contract is ignored and thus men's (...) patriarchal right over women is also glossed over. No attention is paid to the problems that arise when women are excluded from the original contract but incorporated into the new contractual order. One of the main targets of the book is those who try to turn contractarian theory to progressive use, and a major thesis of the book is that this is not possible. Thus those feminists who have looked to a more "proper" contract- one between genuinely equal partners, or one entered into without any coercion- are misleading themselves. In the author's words, "In contract theory universal freedom is always a hypothesis, a story, a political fiction. Contract always generates political right in the forms of domination and subordination." Thus the book is also aimed at mainstream political theorists, and socialist and other critics of contract theory. The author offers a sweeping challenge to conventional understandings- of both left and right- of actual contracts in everyday life: the marriage contract, the employment contract, the prostitution contract, and the new surrogate mother contract. By bringing a feminist perspective to bear on the contradictions and paradoxes surrounding women and contract, and the relation between the sexes, she is able to shed new light on fundamental political problems of freedom and subordination. (shrink)

An argument that anyone can pursue political agency and resistance through photography, even those with flawed or nonexistent citizenship.

The work of Jean-Jacques Rousseau is presented in two volumes, together forming the most comprehensive anthology of Rousseau's political writings in English. Volume II contains the later writings such as The Social Contract and a selection of Rousseau's letters on important aspects of his thought. The Social Contract has become Rousseau's most famous single work, but on publication was condemned by both the civil and the ecclesiastical authorities in France and Geneva. Rousseau fled and it is during this (...) period that he wrote some of his autobiographical works as well as political essays such as On the Government of Poland. This volume, like its predecessor, contains a comprehensive introduction, chronology and guide to further reading, and will enable students to obtain a full understanding of the writings of one of the world's greatest thinkers. (shrink)

A discourse on the arts and sciences -- A discourse on the origin of inequality -- A discourse on political economy -- The general society of the human race -- The social contract.

The law of responsibility (compensation), which was formed around the concept of the ḍamān and was developed by the scholars within the system of furû‘ al-fiqh (substantive law) over time, constitutes one of the important parts of Islamic law. Although compensation law (ḍamān) was not addressed as a private subject in the first period fiqh literature, it is seen that the literature on this specific area started to emerge after the early period. It is the Hanafi jurists who first brought (...) together these issues that are scattered in the classical books of fiqh that are related to the law of responsibility. Compensation law took its classical form in the texts of the early periods and was shaped around the views of the founding imams of the Ḥanafī school (madhab). It has later been expanded with the fatwā and interpretations of the Sheikhs (mesāikh) of Hanafi in the type of waqi'at works. These works were a product of the need for the law to adapt to the new conditions. These issues, which are related to the compensation law in the Hanafi school have been covered as a special section (chapter) in the studies that are classified as waqi'at, such as Usrūshanī’s al-Fuṣūl fī al-muʿāmalat (Fuṣūl al-Usrūshanī), ʿImād al-Dīn al-Marginānī’s Fuṣūl al-iḥkām fī uṣūl al-aḥkām and Shaykh Badr al-Dīn’s Jāmiʿal-Fuṣūlāyn. Later, the topics discussed in these works were developed and continued, and ultimately separate works related to this field have been copyrighted. In this study, the kinds of development and expansion which are in the literature and related subjects will be discussed by examining the above-mentioned works. Therefore; first of all, the first examples of Hanafi jurists related the compensation will be analysed comparatively. Afterwards, the place of ad-Ḍamānāt fī al-furūʻ al-Ḥanafīyyah of Fuḍayl Chalābī (d. 991/1583), one of the Zenbillizade’s, will be addressed.Summary: The core idea of the law of responsibility, which constitutes one of the important parts of Islamic law, was stated in the Qur'an and Hadith, and then have accumulated by the contributions of the jurists (fuqaha), as they developed the idea of the law of responsibility within the furû‘ al-fiqh in relation to the systematic of the legal school (madhab) that they belonged to.These issues, which constitute one of the important parts of the law, were addressed by sprinkling among the topics in almost every part of classical fiqh books. In other words, the subject of ḍamān (responsibility) was not considered as a separate subject in the fiqh works of the first period. In this way, it is seen that the literature on compensation law started to emerge in the following periods, and at first several independent sections on this subject, and then separate works specific to this field, albeit limited in number, were written.It is the Ḥanafī jurists who first brought together these issues that are scattered in the classical fiqh books related to the law of responsibility. Compensation law, which took its classical form in the texts from early periods, shaped around the views of the pioneering imams of the Ḥanafī school, has been expanded with the fatwā and interpretations of the Sheikhs (mesāikh) of Ḥanafī in the waqi'at works, which is a product of the need for the law to adapt to new conditions. Firstly, one of the Ḥanafī jurists, Majd al-Dīn al-Usrūshanī (d. 637/1240) dealt with the responsibilities arising from the contract and unfair acts in the 29th section of his book named al-Fuṣūl fī al-muʿāmalat under the title “Types of Compensation Required to be Paid and Their Situation”. The method and system that Usrūshanī started in this work, the Ḥanafī jurisits ʿImād al-Dīn al-Marginānī in the Fuṣūl al-iḥkām fī uṣūl al-aḥkām and Shaykh Badr al-Dīn Ibn Qāḍī Samāwnā in the Jāmiʿ al-Fuṣūlāyn continued to develop the compensation section in their books. Afterwards Fuḍayl Chalābī (d. 991/1583), one of the members of Zenbillizade’s family, enriched these issues and made it an individual work, named ad-Ḍamānāt fī al-furūʻ al-Ḥanafīyyah. Marginānī titled the issues that Usrūshanī had handled in the compensation section and systemised it even more by gathering the fatwās on the related issues under one heading. It is noteworthy to mention that when the compensation sections of both works are compared, the way the subjects handled are exactly the same. But unlike Usrūshanī, Marginānī added the compensation for damages to the fetus in the womb and the responsibility of the person who brought back the fleeing slave at the end of the chapter. On the other hand, unlike them, Shaykh Badr al-Dīn added only the responsibility of the person who found the lost item. Considering that almost all of the topics in the compensation section of Sheikh Badr al-Dīn existed exactly in the compensation section of Marginānī, and that most of them were stated in Usrūshanī’s al-Fuṣūl, it is necessary to say that all of these discussions are based on Usrūshanī as the main backbone of this particular subject and that his work has a unique place in the Islamic legal literature. Chalābī’s ad-Ḍamānāt, is the first work that was written as a separate book in the field of compensation law. Even though in some modern works claim that the work Ghānim al-Baghdādī’s (d. 1030/1620) book named Majma‘ al-ḍamānāt fī madhhab al-Imām al-A'zam Abī Ḥanīfa al-Nu'mān was the first written book in this field; it is known that Chalābī's ad-Ḍamānāt had been written before Baghdādī’s Majma‘ al-ḍamānāt. As a matter of fact, the work of Chalābī had been completed in 984 Hijra, and the Baghdādī’s Majma‘ al-ḍamānāt was completed in 1027 Hijra. Although the subject sequence in Baghdādī’s work is different; this work is regarded as a continuation of the same tradition.An examination of the systematic and the content of the work reveals that Chalabi’s ad-Ḍamānāt is the continuation of the type of writing that Usrūshanī started and developed by Marginānī and Shaykh Badr al-Dīn. When compared with the compensation sections of these works before him, Chalābī has added new compensation issues to his book that are not addressed in these three works; such as partnership, mudaraba, suretyship (kafāla) transfer (ḥawāla), peace, legal disability (hajr), freedom of trade (idhn) and testament. Among the works mentioned above, works out of Shaykh Badr al-Dīn’s Jāmiʿ al-Fuṣūlāyn and Baghdādī’s Majma‘ al-ḍamānāt are available as manuscripts in the libraries. Therefore, these works have not been used much in modern studies on compensation. In addition, the Chalābī's ad-Ḍamānāt is almost unknown. Although there is little information about this work in some bibliographic studies, it is noteworthy to state that this work is not used as a source in contemporary studies written in Arabic on compensation law. The fact that this work is available as manuscripts in Istanbul libraries is probably the reason for this outcome. It is also very difficult to say that this work is known and used sufficiently in studies written in Turkish.Usrūshanī’s al-Fuṣūl fī al-muʿāmalat and Marginānī’s Fuṣūl al-iḥkām are currently in the form of manuscripts, so there is no comprehensive study on the whole work and the compensation section. It is possible to see the compensation issues discussed in the work, since Shaykh Badr al-Dīn’s Jāmiʿ al-Fuṣūlāyn, which has been published as printed, was translated into Turkish by an editorial group under the presidency of H. Yunus Apaydın. In addition, Kemal Yıldız, who translated the compensation section in this translation, published this section in Jāmiʿal-Fuṣūlāyn as a separate book with the name of “Sources of the Jāmiʿ al-Fuṣūlāyn and Compensation in the Practice of Ḥanafī School”. Yıldız, first introduced the sources of the Jāmiʿ al-Fuṣūlāyn in the first part of this work and then translated the compensation section from beginning to end by adding his own explanations and evaluations around the subject during the second part. Even though some introductory information about the books of Usrūshanī and Marginānī is presented in Yıldız’s study, the absence of information on the contents of the compensation sections of these books does not allow the opportunity for the researchers to evaluate on the subject wholly. (shrink)

The perfect books for the true book lover, Penguin’s Great Ideas series features twelve more groundbreaking works by some of history’s most prodigious thinkers. Each volume is beautifully packaged with a unique type-driven design that highlights the bookmaker’s art. Offering great literature in great packages at great prices, this series is ideal for those readers who want to explore and savor the Great Ideas that have shaped our world.

Most scholars who write on social contract and classical natural law perceive an irreconcilable tension between them. Social contract theory is widely considered the political-theoretic concomitant of modern philosophy. Against the regnant view, The Social Contract in the Ruins, argues that all attempts to ground political authority and obligation in agreement alone are logically self-defeating. Political authority and obligation require an antecedent moral ground. But this moral ground cannot be constructed by human agreement or created by sheer (...) will-human or divine. All accounts of morality as constructed or made collapse into self-referential incoherence. Only an uncreated, real good can coherently ground political authority and obligation or the proposition that rightful government depends on the consent of the governed. Government by consent requires classical natural law for its very coherence. (shrink)

Social contract theories generally predicate the authority of rules that govern society on the idea that these rules are the product of a contractual agreement struck between members of society. These theories embody values, such as equality, reciprocity and rationality, that are highly prized within our culture. Yet a closer inspection reveals that these features exclude other important values, relations and even persons from the realm of contractual morality and justice, especially people with severe intellectual disabilities. Jonas-Sébastien Beaudry explores (...) the moral status of intellectually disabled people in social contract thought and argues that this tradition needs to be revisited to include the most vulnerable. Addressing this problem will have concrete repercussions in law and policy, because many issues that people with disabilities face are connected to deeply rooted assumptions about their status as full citizens or full members of our moral, political and legal communities. (shrink)

This rich collection will introduce students of philosophy and politics to the contemporary critical literature on the classical social contract political thinkers Thomas Hobbes , John Locke , and Jean-Jacques Rousseau . A dozen essays and book excerpts have been selected to guide students through the texts and to introduce them to current scholarly controversies surrounding the contractarian political theories of these three thinkers.

Binmore argues that game theory provides a systematic tool for investigating ethical matters.

While the Value-Free Ideal (VFI) had many precursors, it became a solidified bulwark of normative claims about scientific reasoning and practice in the mid-twentieth century. Since then, it has played a central role in the philosophy of science, first as a basic presupposition of how science should work, then as a target for critique, and now as a target for replacement. In this paper, we will argue that a narrow focus on the VFI is misguided, because the VFI coalesced in (...) the midst of other important shifts in the relationship between science and society. In particular, the mid-twentieth century saw the acceptance of the “social contract for science,” a tacit agreement between scientists and government officials, and more broadly between science and society. It was built around three core concepts: a distinction between basic and applied science, a conception of scientific freedom that limited social responsibility for scientists, and a justification for public funding of basic science in the form of the linear model. Within the conceptual framework of the social contract for science, it is clearer both (1) why the VFI was adopted, (2) why it is difficult to replace the VFI within the old social contract, and (3) how we need to revise the social contract for science in order to replace the VFI. (shrink)

In this pithy and highly readable book, Brian Skyrms, a recognised authority on game and decision theory, investigates traditional problems of the social contract in terms of evolutionary dynamics. Game theory is skilfully employed to offer new interpretations of a wide variety of social phenomena, including justice, mutual aid, commitment, convention and meaning. The author eschews any grand, unified theory. Rather, he presents the reader with tools drawn from evolutionary game theory for the purpose of analysing and coming to (...) understand the social contract. The book is not technical and requires no special background knowledge. As such, it could be enjoyed by students and professionals in a wide range of disciplines: political science, philosophy, decision theory, economics and biology. (shrink)

Michael Hand argues that at least some moral standards can be robustly justified and that because of this educators can legitimately cultivate subscription to t.

Women recognise that labour represents a mind-altering event that may affect their ability to make and communicate decisions and choices. For this reason, birth plans and other pre-labour directives can represent a form of Ulysses contract: an attempt to make binding choices before the sometimes overwhelming circumstances of labour. These choices need to be respected during labour, but despite the reduced decisional and communicative capacity of a labouring woman, her choices, when clear, should supersede decisions made before labour.

Global society issues are putting increasing pressure on both small and large organizations to communicate ethically at all levels. Achieving this requires social skills beyond the choice of language or vocabulary and relies above all on individual social responsibility. Arguments from social contract philosophy and speech act theory lead to consider a communication contract that identifies the necessary individual skills for ethical communication on the basis of a limited number of explicit clauses. These latter are pragmatically binding for (...) all partners involved and help to ensure that the ground rules of cooperative communication are observed within a group or an organization. Beyond promoting ethical communication, the communication contract clarifies how individual discursive behaviour can be constructively and ethically monitored by group leaders in business meetings. A case study which shows what may happen when ground clauses of ethical communication are violated is presented. The conclusions of the study highlights why attempting to respect the communication contract is in the best interest of all partners at all levels within any group or organization. (shrink)

This article explores what an ethicfor organic animal husbandry might look like,departing from the assumption that organicfarming is substantially based in ecocentricethics. We argue that farm animals arenecessary functional partners in sustainableagroecosystems. This opens up additional waysto argue for their moral standing. We suggestan ethical contract to be used as acomplementary to the ecocentric framework. Weexpound the content of the contract and end bysuggesting how to apply this contract inpractice. The contract enjoins us to share thewealth (...) created in the agroecosystem (by ourjoint contributions) by enjoining us to carefor the welfare and needs of the individualanimal, and to protect them from exploitation(just as human co-workers should not beexploited). The contract makes promoting goodanimal welfare a necessary condition forbenefiting farm animals. Animals for their partare guaranteed coverage under the contract solong as they continue to contribute to thesystem with products and services. (shrink)

The conception of social relationships as contractual lies at the core of our ideology. Indeed, that core is constituted by the intersection of this conception with the correlative conceptions of human activity as appropriate and of rationality as utility-maximizing. My concern is to clarify this thesis and to enhance its descriptive plausibility as a characterization of our ideology, but to undermine its normative plausibility as ideologically effective.

The Pedagogical Contract explores the relationship between teacher and student and argues for ways of reconceiving pedagogy. It discloses this relationship as one that since antiquity has been regarded as a scene of give-and-take, where the teacher exchanges knowledge for some sort of payment by the student and where pedagogy always runs the risk of becoming a broken contract. The book seeks to liberate teaching and learning from this historical scene and the anxieties that it engenders, arguing that (...) there are alternative ways of conceiving the economy underlying pedagogical activities. Reading ancient material together with contemporary representations of teaching and learning, Yun Lee Too shows that apart from being conceived as a scene of self-interest in which a professional teacher, or sophist, is the charlatan who cheats his pupil, pedagogy might also purport to be a disinterested process of socialization or a scene in which lack and neediness are redeemed through the realization that they are required precisely to stimulate the desire to learn. The author also argues that pedagogy ideally ignores the imperative of the conventional marketplace for relevance, utility, and productivity, inasmuch as teaching and learning most enrich a community when they disregard the immediate material concerns of the community. The book will appeal to all those who understand scholarship as having an important social and/or political role to play; it will also be of interest to literary scholars, literary and cultural theorists, philosophers, historians, legal theorists, feminists, scholars of education, sociologists, and political theorists. Yun Lee Too is Assistant Professor of Classics, Columbia University. She is the author of Rethinking Sexual Harassment;The Rhetoric of Identity in Socrates: Text, Power, Pedagogy; and The Idea of Ancient Literary Criticism, forthcoming; and coeditor, with Niall Livingstone, of Pedagogy and Power: Rhetorics of Classical Learning. (shrink)

THE first and most important deduction from the principles we have so far laid down is that the general will alone can direct the State according to the object ...

ABSTRACT:Of the many developments in business ethics that Thomas Donaldson has helped pioneer, one is the application of social contract theory to address questions about the responsibilities of business actors. InCorporations and Morality, Donaldson develops one of the most sustained and comprehensive accounts that aims to justify the existence of for-profit corporations and to specify and ground their responsibilities. In order to further our understanding about the purpose and responsibilities of productive organizations, and as a contribution to the scholarship (...) on Donaldson’s thought, this paper gathers together the critical responses to Donaldson’s account along with Donaldson’s replies to his critics. The paper argues that we would do well to continue engaging with Donaldson’s account because of its distinctive and challenging conception of the purpose and responsibilities of productive organizations, but that many of the insights to be gained come from reframing the role played by social contract theory. (shrink)

Philosophers and social scientists have recently turned to game theory and agent-based models to better understand social contract formation. The stag hunt game is an idealization of social contract formation. Using the stag hunt game, we attempt to determine what, if any, barrier diversity is to the formation of an efficient social contract. We uncover a deep connection between tolerance, diversity, and the social contract. We investigate a simple model in which individuals possess salient traits and (...) behave cooperatively when the difference between their trait and the trait of their counterpart is less than their ‘tolerance level’. If traits are fixed and correspond to permanent or semipermanent features of the individual, such as religion or race, social contract formation is a remote possibility. If traits are malleable, social contract formation is possible but comes at the steep cost of diversity and tolerance, that is, individuals are unwilling to cooperate with those much different from themselves. Yet homogeneity and intolerance are not a long-term feature of the population. Over time mutations allow for increasingly tolerant agents to prosper, thereby ushering in trait diversity. In the end, all reap the benefits of cooperation. (shrink)

John Rawls, in his distinguished revival and animation of the theory of the social contract, maintains that “the procedure of contract theories provides … a general analytic method for the comparative study of conceptions of justice ”. As a corollary, he holds, secondly, that “if one interpretation [of the contractual situation] is philosophically most favoured, and if its principles characterize our considered judgments, we have a procedure for justification as well ”. Finally, Rawls uses the social contract (...) as a critical or polemic device; he is prepared to reject a conception of justice if the contractual situation associated with it contains objectionable features. (shrink)

This reflection is based on a conversation with Professor Carole Pateman on 4th December 2017 as we prepared for a conference at Cardiff University to celebrate the thirtieth anniversary of her seminal work, The Sexual Contract. As socio-legal scholars, The Sexual Contract has been formative in, and transformative of, our understandings of law and gender. We explore Professor Pateman’s academic journey and consider how she came to write a ground-breaking book that has made major impacts on socio-legal and (...) feminist legal studies. The paper is structured around the main themes arising in conversation with Pateman, with each section centred on her own account taken from our conversation in late 2017. (shrink)

Samuel Freeman was a student of the influential philosopher John Rawls, he has edited numerous books dedicated to Rawls' work and is arguably Rawls' foremost interpreter. This volume collects new and previously published articles by Freeman on Rawls. Among other things, Freeman places Rawls within historical context in the social contract tradition, and thoughtfully addresses criticisms of this position. Not only is Freeman a leading authority on Rawls, but he is an excellent thinker in his own right, and these (...) articles will be useful to a wide range of scholars interested in Rawls and the expanse of his influence. (shrink)

In a 2013 article, David Gauthier noted upon the twenty-fifth anniversary of the publication of Morals by Agreement that his contractarian approach to morality had found a niche among ‘some of those who remain unpersuaded by either Kantianism or utilitarianism’. In this article I will focus on Pareto optimization and I will argue that the Gauthier contract, even in spite of the article’s revisions, is still less useful for consultation purposes than Gauthier is assuming. To highlight the conceptual distance (...) that I think separates the Gauthier contract from real-world circumstances—a separation that is greater than Gauthier supposes—I will focus on the problem of ‘civic defection’. The point is not for us to repudiate as such the deliverances of the Gauthier model, but simply to use caution in our deployment of the model, and, in order to access the full extent of the model’s offerings, to resist the temptation to deploy it in the service of purposes which it is not capable of accomplishing. (shrink)

Joseph focuses on the ways in which ideas about family and family idioms, relationships, and practices ground and intersect with formal governmental policies and practices in the Middle East. Families and kinship are politically privileged in most Middle Eastern states and women and men are committed to their families in Lebanon in a manner that Joseph calls the “kin contract,” a commitment reinforced by a care/control paradigm in which familial care is often enmeshed with the control by a family (...) system organized around aged and gendered hierarchy. In the Middle East in general, Joseph argues, the citizen-subject is embedded in kinship relationships rather than being an autonomous self. The gendered nature of the citizen-subject emerges thus from the implicit and legally encoded kin contract which reinscribes patriarchal kinship with the force of state and religious institutional and practical backing. Families are regulated in turn by state and religious institutions in Middle Eastern countries, a type of mutual support that further bolsters what she calls patriarchal connectivity—the privileging of the authority of males and elders in a system in which the boundaries of selves are often fluid and focused on relationality. (shrink)

This rich collection will introduce students of philosophy and politics to the contemporary critical literature on the classical social contract political thinkers Thomas Hobbes, John Locke, and Jean-Jacques Rousseau. A dozen essays and book excerpts have been selected to guide students through the texts and to introduce them to current scholarly controversies surrounding the contractarian political theories of these three thinkers.

One form of analogical argument proceeds by comparing a disputed case with an agreed upon case to try to resolve the dispute. There is a variation on preceding form of argument not yet identified in the theoretical literature. This variation involves multiple sources, and it requires that the sources be combined or blended for the argument to work. Arguments supporting the Triple Contract are shown to possess this structure.

The prevalence of antibiotic resistant microbes has led to a call for new antibiotics development. Due to the irresponsible practices of the medical community in prescribing antibiotics, much of the demand for new antibiotics is suspect. I argue that the social contract, which properly includes human relationships with laboratory animals, requires a conservative attitude toward new antibiotics development. This attitude places limits on the justificatory role of demand in determining whether a particular research project meets the conditions for morally (...) justified research, as defined by Rollin’s utilitarian principle. (shrink)