Fontane Effi Briest by the German director Rainer Werner Fassbinder is arguably one of the greatest adaptations from literature to screen, and the best Effi Briest adaptation. Although the first reception of the movie, when it appeared in 1974, was not without unmixed reviews, most scholars nowadays share the conviction that it is a masterpiece. Elke Siegel defines the film as a success both at the Berlinale and at the box office. Kreft Wetzel, however, in an interview with Fassbinder in (...) 1974, refers to the ambivalent attitude of the critics abroad at the time of the movie‘s release, to which Fassbinder replies that Fontane‘s language is the foundation of the movie and, hence, the film works to its full extent only in German. Forty years after this interview and judging from the scholarly work carried out on Fassbinder in general and Fontane Effi Briest in particular, it is plausible to claim that Fassbinder‘s art has moved beyond the language barriers and appeals to an audience beyond the German culture and language. (shrink)

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

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

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

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

How does international financial aid affect the cooperative behavior of local non-governmental organizations (NGOs)? Can NGOs, while turning global, preserve peer connections with local actors and be engaged in local issues? The civil society literature contains competing perspectives on and reports of how international financial aid may restructure local civic networks. Some scholars argue that international support comes at the expense of local integration as inclusion in global networks takes local NGOs out of the local context, while others find evidence (...) that organizations do not have to face “a forced choice”, and may well be integrated both globally and locally. Drawing on this scholarship, we examine two hypotheses on how transnational funding influences cooperation patterns among NGOs. The hierarchy argument states that public entities tend to cooperate with internationally funded NGOs as external contact signals quality and trustworthiness. The segregation argument, on the contrary, suggests financial homophily according to which organizations are more likely to choose peers similar in sources of funding. To test these hypotheses, we apply Exponential Random Graph Models to the data on cooperation among 221 Kazakhstani NGOs. Results support the segregation hypothesis implying that NGOs are likely to have a bias towards similarly funded peers. (shrink)

ZusammenfassungMenschen mit türkischem Migrationshintergrund zählen zu einer der größten Bevölkerungsgruppen mit Migrationshintergrund in Deutschland. Im Vergleich zu Menschen ohne Migrationshintergrund leiden sie im Durchschnitt häufiger an einigen chronischen Erkrankungen, was teilweise auf ihren durchschnittlich niedrigeren sozioökonomischen Status zurückzuführen ist. Im Gesundheitssystem begegnen sie zudem unterschiedlichen Zugangs- und Wirksamkeitsbarrieren, da ihre Bedarfe und Erwartungen von Versorgungseinrichtungen oft nicht ausreichend berücksichtigt werden. Eine solche nicht nutzerorientierte Versorgung chronisch kranker Menschen kann der erfolgreichen Behandlung bzw. Krankheitsbewältigung im Weg stehen. Die Berücksichtigung von subjektiven (...) Krankheitsvorstellungen ist notwendiger Bestandteil einer nutzerorientierten Gesundheitsversorgung. Sie muss dabei sowohl die Sensibilisierung des Personals für die Krankheitsvorstellungen seiner Patientinnen und Patienten, als auch die gezielte Förderung von Krankheitsvorstellungen auf Seiten von Patientinnen und Patienten umfassen, die sich positiv auf die Krankheitsbewältigung auswirken. Gleichzeitig müssen Patientinnen und Patienten befähigt werden, sich kritisch mit eigenen Krankheitsvorstellungen auseinanderzusetzen, wenn diese eine erfolgreiche Krankheitsbewältigung behindern. Als Strategien kommen hierfür zum Beispiel Interventionen wie Storytelling in Frage, die auf dem Austausch von Wissen und Erfahrungen basieren. (shrink)

Kur’an tasavvuru belli kavramlardan meydana gelmektedir. İnsanın fiziki ve manevî yönünü ifade eden fıtrat kavramı, Kur’an tasavvurunu ifade eden önemli kavramlarından biridir. Fıtrat kavramının ilk günden itibaren tefsircilerin ilgi odağı olması da bundandır. Genellikle fıtrat, İslam dini, ilk yaratılış ve insanın dini kabul etme potansiyeli olarak yorumlanmış ve bunların değişip değişmeyeceği üzerinde durulmuştur. Rum sûresinde geçen “khalqullah” ile Nisâ sûresinde geçen “khalqullah” terkiplerinin bulunduğu âyetler arasında bu çerçevede bağlantı kurulmuştur. Bu çalışmamızda fıtratın mahiyeti ile fıtratla ilgili âyetlerin birbiriyle ilişkilendirilmesi irdelenecek (...) ve fıtratın temel unsurları üzerinde durulacaktır. Akıl, sevgi, aşk, güzel şeylere ilgi duyma ve çirkinliklerden kaçınmanın, insan fıtratının temel bileşenleri arasında yer alıp almadığı tartışılacaktır. Ayrıca fıtrat âyetinde geçen tebdîl kavramı ile Nisâ sûresinde geçen tağyir kavramının, aynı manayı ifade edip etmediği üzerinde durulacaktır. (shrink)

The right of freedom of religion is one of the fundamental rights guaranteed in the Malaysian Constitution. The provision over the right to freedom of religion is seen as one of the most crucial provisions ever stated in the Federal Constitution. Article 11 has never been amended. Indeed, provision in Article 3 reiterates the right of individuals, especially the non-Muslims to profess and practise their religion freely, without any fear and interference. The special status of the religion of Islam enshrined (...) in Article 3 does not mean that non-Muslims have no right in matter of freedom of religion. However, the Federal Constitution seems to restrict the right to freedom of religion, in the sense that freedom of religion in Malaysia is not absolute. There have been several restrictions imposed not only within the constitutional framework but also other general legislations. Among provisions that furnished such restrictions can be seen in Articles 11, 11 and 10 of the Federal Constitution. Moreover, the Parliament had also passed several legislations allowing such restrictions. This can be seen, among others, the Internal Security Act of 1960, the Societies Act of 1966, the Police Act of 1967, the Printing Presses and Publications Act of 1984, the Town and Country Planning Act of 1976 and the Penal Code. As such, Muslims and non-Muslims alike must adhere to certain religious constraints for the sake of public order, public health and morality.While freedom of religion is guaranteed for individuals in the Malaysian Constitution, some states in Malaysia have penalised Muslims who renounced the Islamic faith. Although there is no death penalty for apostasy in Malaysia, apostates are subject to punishments like fine, imprisonment and to a certain extent whipping. In certain states, apostates are detained at the rehabilitation centre for up to 36 months. These have brought concern to human rights activists because such punishments and detention may seem contrary to the right to freedom of religion enshrined under Article 11 of the Federal Constitution and Article 5 that guarantees individual liberty. This article attempts to investigate whether restrictions over the right of freedom of religion particularly when Muslims renounce the Islamic faith is constitutionally valid. It also intends to highlight the conflict in the laws surrounding the punishment for apostasy in various states in Malaysia. (shrink)

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

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

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

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

A broad consensus affirms the concept that all human beings have equal moral worth (Beauchamp and Childress 1994; Rawls 1971). Translating this ethical norm into practice requires careful attention...

A broad consensus affirms the concept that all human beings have equal moral worth (Beauchamp and Childress 1994; Rawls 1971). Translating this ethical norm into practice requires careful attention...

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

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

Tolerance is not neutrality, nor should tolerance in counselling be equated with a spiritual and emotional vacuum. Tolerance applies to style rather than stance, and a counsellor needs a conception of the ideal — broadly speaking, a moral position. Originally proclaimed against religious and political tyranny, the political ideal of tolerance has in the twentieth century become confused with permissiveness, and is thus sometimes charged with generating many of the ills of modern society, including crime and family breakdown. Counselling has (...) become the universal remedy, replacing punishment and compulsion. The counsellor needs (a) a view of human nature (b) a conception of what is good for those possessing that nature. Constants in the first mean there cannot be too much variation in the second. Society is varied and plural, so the counsellor must be non‐judgemental, but while this means accepting the person, it does not necessarily mean endorsing the conduct. A distinction is drawn between therapeutic and philosophical counselling; the latter considers a problem, where the former focusses on the client, but both may fall short of offering a holistic view. Counselling may also exacerbate some of the problems of modern life by too readily accepting the conditions which cause them. Some ethical problems raised by confidentiality and informed consent are discussed. It is concluded that the counsellor must be tolerant, but not morally ambivalent, nor a relativist. (shrink)

As it is known, in the early Islamic period, that is, during the time of the Prophet and his companions it was not difficult to find answers to the questions. However, when we look at the later periods, we see that people who had just accepted Islam, belonging to many new cultures, asked new questions. It was not so easy to answer these questions merely based on the Qur'an and the Sunnah. For this reason, Kufa scholars considered it necessary to (...) use ijtihad with raʾy (free legal reasoning). They were subjected to a lot of criticism in that period and today because they resorted to raʾy while doing ijtihad. One of the two main schools that criticized the Ahl al-Ra’y the most was the Ahl al-Hadith (people of hadith) school. From the early days of the formation of the Hadith school of jurisprudence, the Iraqi school has been accused of abandoning the book and the Sunnah in the interpretation of Shari'ah rulings and preferring the rulings obtained by the intellectual method. This intellectual method that we are talking about has been the target of criticism in certain historical periods, sometimes in the name of ra’y, sometimes inthe name of qiyas (analogy), and sometimes in the name of istihsan. Abu Hanifa is one of the famous scholars who have been criticized by Ahl al-Hadith. This article deals with the life, works and school of ra’y of Abu Hanifa. (shrink)

Research about the role of religion in entrepreneurship and more broadly management is sparse. In this conceptual article, we complement existing entrepreneurship theory by examining entrepreneurship from an Islamic perspective. EIP is based on three interconnected pillars: the entrepreneurial, socio-economic/ethical, and religio-spiritual. We outline how Islam shapes entrepreneurship at the micro-, meso-, and macro-level, indicate how Islam may be considered an entrepreneurial religion in the sense that it enables and encourages entrepreneurial activity, review research streams interlinking Islam with entrepreneurship and (...) management and outline promising research approaches. (shrink)

A sign seen in the Philosophy Department of the University of Uppsala reads: A philosopher is one who will deliver a paper on the Hangman's Paradox at a conference on capital punishment. I might take as a supporting example of this tendency to focus on the irrelevant or the inappropriate a real paper to a medico-legal conference on organ transplants which argued that it would be morally justifiable to remove a heart from a healthy would-be heart donor. There are also (...) many amusing and intelligent papers on the ‘survival lottery’—a hypothetical arrangement which would allow individuals to be seized and cannibalised for their organs. These articles are light-hearted exercises in argumentative ingenuity, harmless in themselves, but they are offered in a world in which street children in Brazil are snatched for their kidneys, Chinese political dissidents have their organs seized officially at their place of execution, and poor peasants in Turkey and India sell their own kidneys or those of their relatives, for money. At the same time, the most frequently cited paper on the fraught topic of abortion is one in which pregnancy is compared to the plight of one unwillingly or unintentionally connected to a violinist who temporarily needs the link in order to survive. (shrink)

The present century has witnessed human crimes on an unprecedented scale. It has also seen the decline of ethics as a major element in higher education and as an academic study forming an important aspect of philosophy.

A broad consensus affirms the concept that all human beings have equal moral worth (Beauchamp and Childress 1994; Rawls 1971). Translating this ethical norm into practice requires careful attention...

ABSTRACT There are three kinds of bonds between human beings: biological and natural; legal and artificial; social and voluntary. Marriage can be seen as an artificial and legal means of shifting the loose bonding of the third category of relationship into the deep and inescapable bonding of the first. The desire to create bonds of this type is widespread, but non‐bonding, too, has been recommended either as good in itself—a way of achieving peace of mind or personal emancipation through wider (...) relationships—or as necessary self‐denial for some higher cause. In the latter case, the bonds of family are seen as a positive good, a view shared, though for different reasons, by religious and political conservatives and by revisionist feminists. In contrast to this, three philosophical conceptions which would favour unbonding, or detachment from emotional ties, are categorised here as (a) the Stoic, (b) the Existentialist and (c) the Feminist. Within the Feminist ideal, it is radical, rather than liberal or socialist feminism that has most in common with Stoic or Existentialist ideals. These ideals are considered, together with various alternatives to marriage, and are judged not to override the need for deep personal bonds between human beings. These personal bonds of love and commitment are compared with the alternative bonds of religion and politics and it is concluded that, whatever forms they take, personal bonds have fundamental moral priority in the lives of human beings. (shrink)

Azerbaijanis living in the Republic of Azerbaijan and practicing Islam are part of the Muslim world. After gaining independence, our country restored and developed our national-cultural and religious traditions. The great services of the great leader Heydar Aliyev are undeniable in our successes in the field of strengthening these values. As a result of his policies and recommendations, our young people are loyal to their national roots and moral values. These are important factors for Azerbaijani youth to succeed in life (...) and live in peace and tranquility. Also, one of the main directions of Heydar Aliyev's policy was to effectively use universal, worldly values, to combine them with our national-spiritual, religious values and to enrich the spirituality of our people as a whole. His main goal in this way was to properly promote tolerance, our national culture and religious values to the youth of Azerbaijan. Thus, the people of Azerbaijan, besides belonging to the Islamic civilization, also live universal, tolerant and multicultural values. Azerbaijan, which takes the path of democratic, legal and secular state-building and steps confidently towards a bright future in this direction, stands out in the Islamic world for its uniqueness. All this, the preservation of national and moral values, instilling them in the young generation was of special importance, which the National leader duly performed. In order to prevent drug addiction, criminality, immorality, boredom, and moral and spiritual laziness, which have become the scourge of the times, the teaching and propagation of Islam is extremely important, and the work being done in this field in Azerbaijan is a continuation of Heydar Aliyev's policy. The salvation of faith and beliefs, the education of perfect, healthy moral, brave, truth-loving, and fair young people depends on the correct teaching of the Islamic religion, which Heydar Aliyev tried and achieved to some extent during his time in power. (shrink)

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

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