Little of the work in critical and hermeneutical psychology has been linked to instructional technology (IT). This article provides a discussion in order to fill the gap in this direction. The article presents a brief genealogy of American IT in relation to the influence of psychology. It also provides a critical and hermeneutical framework for psychology. It then discusses some problems of psychologism focusing on positivism, metaphysics, cultural ecology, and power. The narrow psychologism in IT produces a kind of systematic (...) blindness regarding cultural, political, and other issues. IT professionals are encouraged to engage reflectively with the power‐relations and ethical issues in which they are involved. The article points out a need for looking at psychology more comprehensively (e.g. critical and hermeneutical psychology). (shrink)

Little of the work in critical and hermeneutical psychology has been linked to instructional technology. This article provides a discussion in order to fill the gap in this direction. The article presents a brief genealogy of American IT in relation to the influence of psychology. It also provides a critical and hermeneutical framework for psychology. It then discusses some problems of psychologism focusing on positivism, metaphysics, cultural ecology, and power. The narrow psychologism in IT produces a kind of systematic blindness (...) regarding cultural, political, and other issues. IT professionals are encouraged to engage reflectively with the power‐relations and ethical issues in which they are involved. The article points out a need for looking at psychology more comprehensively. (shrink)

This chapter centers around law's capacity to constitute practical reasons. In discussing this theme, consideration is given to law's artifactual character. The discussion falls into two main parts. In Section 1, I critically examine a skeptical line of thought about law's capacity to constitute reasons for action, which draws, in part, on law's artifactuality. I argue for a somewhat less skeptical (but still qualified) stance, according to which the fact that a legal directive has been issued can (notwithstanding the artifactuality (...) involved) be a reason for action, yet one that is underpinned by bedrock values which (under certain conditions and constraints) law is apt to serve. In Section 2, I consider whether, and in what sense, law can acquire an even more 'robust' status as a source of practical reasons. I focus particularly on Joseph Raz's position about the normative force of (legitimate) legal authority and on an alternative position I have proposed and advocated elsewhere. (shrink)

Prophethood (nubuwwah) is a divine institution that teaches the healthy progression of relations between Allah and humans, as well as between humans and the universe. However, from another perspective, it is also considered a human institution. Some opponents of religion, lacking strong evidence to challenge the existence of Allah, direct their objections towards prophethood, which is seen as a manifestation of Allah’s attribute of speech (kalām). To counter the rejection of prophethood, scholars of theology (kalām), hadith, and Prophetic biography (sīrah) (...) have compiled a body of literature known as Dalāʾil al-nubuwwah (Proofs of Prophethood). Their aim has been to collect proofs supporting prophethood as a response to these refutations and to dispel doubts regarding it. All extraordinary events occurring from before the birth until the death of Prophet Muhammad are considered evidence.During the fifth century, a notable figure in this tradition was the Shāfiʿī scholar al-Māwardī, who defended prophethood in his book Aʿlām al-nubuwwah (The Signs of Prophethood). Aʿlām al-nubuwwah has inspired subsequent works in this field due to its clarity and robust proofs. It became known by both names, Aʿlām al-nubuwwah and Dalāʾil al-nubuwwah, as it encompassed methods of narration and debate. Within his work, al-Māwardī mentions figures like Barāhimah, Dahriyyah, and certain philosophers as representatives of the idea rejecting prophethood. According to him, Barāhimah, of Indian origin is a sect that denies prophethood despite accepting the unity of Allah. Dahriyyah is a denialist sect attributing eternity to the universe and creativity to nature. Al-Māwardī considers these philosophers as infidels due to their comments on prophethood rather than outright denial. The basis of these movements' idea of denying prophethood lies in their efforts to portray reason (ʿaql) as an alternative to revelation (waḥy). Jews and Christians, on the other hand, are portrayed as groups that accept the concept of prophethood, however they reject Muḥammad’s. prophecy. Their objection stems from the fear of their religions being superseded. Al-Māwardī counters those rejecting prophethood by addressing the public interest (maṣlaḥah) of humans, the necessity of prophets, and the role of miracles. He illustrates that prophet charged with the duty of prophethood proves it through spectacular events orchestrated by Allah but carried out through his own hand. The prophet serves the public interest by conveying matters beyond human intellect and presenting them in a comprehensible manner, thereby ensuring the worldly and eternal felicity of humanity. Furthermore, he provides evidence for the Prophet Muḥammad’s prophethood through his moral character, prophetic biography, and accounts of miracles. The biography of Prophet Muhammad’s begins before his birth, and the method of proof is used to demonstrate his prophethood. In essence, al-Māwardī’s method of proving prophethood in Aʿlām al-nubuwwah can be seen as a synthesis of the approaches used by scholars of theology and hadith. One prominent figure in this tradition during the fifth century was the Shafi'i scholar al-Māwardī who defended prophethood through his book " ʿA'lām al-Nubuwwa" (The Signs of Prophethood). In his work, al-Māwardī mentions figures like Barahima, Dahriyya, and certain philosophers as representatives of the idea rejecting prophethood. While the Jews and Christians accept the concept of prophethood, they reject the prophecy of Muhammad (P.B.U.H). These groups attempt to present logic as an alternative to divine revelation (Wahy), as their objection stems from their concern that their religions may be abrogated. Al-Māwardī responds to those who reject the institution of prophethood by addressing the public interest (maslaha) of humans, the necessity of prophets, and the role of miracles. He also provides evidence for Muhammad's (P.B.U.H) prophethood through his moral character, prophetic biography, and accounts of miracles. In short, al-Māwardī's method of proving prophethood in "A'lām al-Nubuwwa " can be seen as a synthesis of the approaches used by scholars of theology (Kalam) and hadith. (shrink)

This article examines the influence of the Hanafī philosophy of the Mamlūk period on the early Ottoman fiqh studies. Since the Egyptian and Damascus regions, which were under the rule of the Mamlūks, became the most important centres of knowledge in the Islamic world, it is understood that the Mamlūks’ scientific knowledge was superior to the Ottomans. On this occasion, many scholars who were considered the leading figures of the Ottoman scientific community turned to Egypt and Damascus regions and benefited (...) from the scientific accumulation there. In fact, these scholars who played an active role in the formation of the Ottoman scientific environment completed their education in Damascus and Egypt under the rule of the Mamlūks and graduated from the Mamlūk education system and assumed important roles in the formation of the Ottoman science understanding. During this period, the Hanafī judges (fuqahāʾ), who were active in the Mamlūk community, contributed to the development of the leading names of the Ottoman scientific community and this thought had an impact on their understanding of science. In this context, it is possible to say that the fiqh studies of the Ottomans in the first period were influenced by the Mamlūk Hanafī who had their characteristics. The two main characteristics of Hanafī thought in the Mamlūk period, the hadīth-centred juristic (fiqh) idea and the method of mamzûc (mixed) fiqh style are also seen in Ottoman fiqh works.Summary: In this article, the effect of Hanafī fiqh thought on the early Ottoman fiqh studies in Mamlūk period is discussed. While the Ottomans did not yet establish a scientific tradition in the period of foundation and ascension, many Mamlūk cities replaced Baghdad as the centre of knowledge of the Islamic world. Because the Mongol invasion, the crusades and the destruction of Andalusia due to reasons such as many scholars displaced by the Mamlūks settled there. Especially during this period, Egypt and Damascus, which were under the rule of the Mamlūks, became the most important centres of science in the Islamic world. In this respect, 14th-16th It is accepted that the science level of the Mamlūks was quite superior to the Ottomans in the 16th century. On this occasion, many scholars who are considered as the leading names of the Ottoman scientific community turned to Egypt and Damascus regions and benefited from the scientific accumulation there. Osman Ghāzī’s teacher and father-in-law, Sheikh Edebālī, Davud-i Kayserī, Sheikh Bedreddin, Molla Fanārī, Molla Gürānī are some of these scholars. In addition to these, scholars such as Muhsin-i Kayserī, Germiyanlı Poet Ahmedī, Hacı Paşa, Celāleddin Hızır, İbnü’l-Cezerī and İbn Arabşāh have also studied science in Egypt and Damascus. These scholars, who played an active role in the formation of the Ottoman scientific environment, completed their education in Damascus and Egypt under the rule of the Mamlūk and after graduating from the Mamlūk education system, they played an important role in the formation of the Ottoman science understanding. Sheikh Edebālī was accepted as one of the scientific and spiritual leaders of the Ottoman Empire. Davud-ı Kayserī was the first chief professor of İznik madrasah, the first Ottoman madrasah. Molla Fanārī had the privilege of being the first Ottoman shaykh al-Islām. Molla Gürānī became the teacher of Fatih Sultan Mehmed. During this period, the Hanafi faculties, which were active in the Mamlūk science community, contributed to the growth of the leading names in the Ottoman science community. Molla Fanārī, Seyyid Şerif Cürcānī, Shaykh Bedreddin and Poet Ahmadī have learned lessons from Bābertī, who important Hanafī scholars in Egypt. The idea of Hanafī fiqh in the Mamlūk period influenced the studies of the Ottoman fiqh in the first period. In this context, Molla Khüsrev refers to Zeyla‛ī and Bābertī, the leading Hanafī scholars of Mamlūk in many parts of his work, although he did not go to the regions dominated by the Mamlūks. The two main characteristics of the Hanafī thought in the Mamlūk period were the hadith-centred fiqh thought and mamzûc (mixed) method of fiqh. In the Mamlūk period, hadith studies which were not seen before in Hanafī sect were done. During this period, Hanafī jurists spent time in the field of hadith such as Ibn Balabān, Ibn Turkmānī, Zeylaʻī, Kuraşī, Mogoltay b. Kılıç, Bedruddīn Aynī, Ibn Kutluboğa, Serūcī, Bābertī, İbnü’l-Humām, İbnü’l-‛Adīm. They tried to eliminate the lack of studies in the field of hadith in the Hanafī circles while their studies certainly require hadith expertise. As a result of the works of these jurists in the field of hadith, the basic sources were frequently included in the fiqh studies in the Mamlūk period and, the hadiths were started to be made. The influence of this understanding, which had an important place in the thought of the fiqh of Hanafī during the Mamlūk period, can be seen in the Ottoman fiqh works in the first period. In this context, Molla Khüsrev, in his work with the influence of the early Ottoman jurists who had been educated in Egypt before him, gave some basic sources of hadith and sometimes gave information about the reliability of hadiths. On the other hand, it is possible to say that this issue is quite insufficient in Ottoman fiqh works when compared with Hanafi jurists of the Mamlūks. A comparison of Ibnü’l-Humām’s Fethü’l-kadīr and Netāicu’l-efkār, which was performed by Kādızāde order to complete it, can be compared. Apart from that, there are different attitudes between Şürünbülālī and Şeykhi-zāde known as Damad Efendi, they lived in the same period. Şürünbülālī, one of the Egyptian scholars of the Ottoman period generally gave the hadiths from the basic hadith sources in his work Merāki’l-felāh, while Şeyhīzāde did not obey this issue and rarely included basic hadith sources in his work Mecma‛ü’l-enhur. These differences can be explained by the necessity of the scientific environment. Because the Hanafīs were accused of not using hadith in Egypt and its environs, the Hanafī jurists living in this region should have directed them to be more rigorous about the hadith. However, since the Hanafī jurists living in other Ottoman regions did not have such a problem, they probably did not feel the need to refer to the main sources of hadith in the power of hadiths. Therefore, it can be said that the scientific environment and the need arising in this direction lead to different attitudes of the jurists living in the same period. The mamzûc (mixed) method starting with Ibnu’s-Sāātī, In the 8th-century, it was especially effective on the idea of ​​the fiqh style of Hanafī jurists. Although the first name of the mamzûc (mixed) method, Ibnu’s-Sāātī, was not one of the scholars of the Mamlūk period, the influence he initiated was more common in the Mamlūk period and became one of the characteristic features of the Hanafī fiqh thought in this period. Therefore, it is understood that the majority of Hanafī jurists had a gratified method. In addition to this, it is seen that Ottoman jurists who were educated in and around Egypt write procedural works in grammatical style. Molla Fanārī's work Fusūlü’l-Bedāyi is the most important example of this genre. Moreover, even Molla Khüsrev, who had not gone to Egypt and his surroundings, wrote a memoir-like work called Mir’ātü’l-Usûl. The works of these two authors show that the Ottoman jurists were influenced by the Mamlūks. As a result, it is possible to say that the fiqh studies in the early period of the Ottomans were influenced by the Mamlūk Hanafīs who had their characteristics. The hadith-centred fiqh thought and mamzûc (mixed) fiqh style understanding had an impact on the early Ottoman fiqh studies. (shrink)

Following the outbreak of the COVID-19 pandemic, authorities have issued several guidelines to curb the pandemic's disastrous effects. However, measures' effectiveness is dependent upon people's adherence to them. Therefore, it is crucial to understand the potential factors that explain guideline adherence. In the present brief research report, we investigated need for structure and trait victimhood, i.e., the tendency to feel like a victim, and their effect on fear of the pandemic, which in turn, predicted guideline adherence. Furthermore, the association between (...) fear and guideline adherence was shaped by participants' global self-efficacy: higher levels of self-efficacy predicted more guideline adherence regardless of fear levels. The present findings may be relevant to health messaging endeavors aiming to improve compliance with guidelines. (shrink)

Reid's principle of credulity may be interpreted as equivalent to a principle of charity, due to the nature of three beliefs it implies concerning the interlocutors, which are held by the person who attempts to acquire their language: They are telling truth in the sense that they are saying what they really think, perceive, feel, believe; they are veracious in the sense that what they say is objectively true; they use language consistently. This interpretation relies on Reid's straightforward remarks on (...) his principle of credulity and on his view of two related correspondences: One correspondence is between the principle of credulity and the principle of veracity. The other is between these two principles and the principles that create the ‘language of nature’ and guide us in our efforts to unravel it. (shrink)

This book investigates law's interaction with practical reasons. What difference can legal requirements—e.g. traffic rules, tax laws, or work safety regulations—make to normative reasons relevant to our action? Do they give reasons for action that should be weighed among all other reasons? Or can they, instead, exclude and take the place of some other reasons? The book critically examines some of the existing answers and puts forward an alternative understanding of law's interaction with practical reasons. -/- At the outset, two (...) competing positions are pitted against each other: Joseph Raz's view that (legitimate) legal authorities have pre-emptive force, namely that they give reasons for action that exclude some other reasons; and an antithesis, according to which law-making institutions (even those that meet prerequisites of legitimacy) can at most provide us with reasons that compete in weight with opposing reasons for action. These two positions are examined from several perspectives, such as justified disobedience cases, law's conduct-guiding function in contexts of bounded rationality, and the phenomenology associated with authority. -/- It is found that, although each of the above positions offers insight into the conundrum at hand, both suffer from significant flaws. These observations form the basis on which an alternative position is put forward and defended. According to this position, the existence of a reasonably just and well-functioning legal system constitutes a reason that fits neither into a model of ordinary reasons for action nor into a pre-emptive paradigm—it constitutes a reason to adopt an (overridable) disposition that inclines its possessor towards compliance with the system's requirements. (shrink)

This chapter considers whether legal requirements can constitute reasons for action independently of the merits of the requirement at hand. While jurisprudential opinion on this question is far from uniform, sceptical views are becoming increasingly dominant. Such views typically contend that, while the law can be indicative of pre-existing reasons, or can trigger pre-existing reasons into operation, it cannot constitute new reasons. This chapter offers support to a somewhat less sceptical position, according to which the fact that a legal requirement (...) has been issued can be a reason for action, yet one that is underpinned by bedrock values which law is apt to serve. Notions discussed here include a value-based conception of reasons as facts ; a distinction between complete and incomplete reasons ; and David Enoch’s idea of triggering reason-giving. Following a discussion of criticism against the view adopted here, the chapter concludes by considering some more ‘robust’ conceptions of law’s reason-giving capacity. (shrink)

AbstractWe propose an emerging conceptualization of “intervention hesitancy” to address a broad spectrum of hesitancy to disease prevention interventions among healthcare personnel (HCP) beyond vaccine hesitancy. To demonstrate this concept and its analytical benefits, we used a qualitative case-study methodology, identifying a “spectrum” of disease prevention interventions based on (1) the intervention’s effectiveness, (2) how the intervention is regulated among HCP in the Israeli healthcare system, and (3) uptake among HCP in the Israeli healthcare system. Our cases ultimately contribute to (...) a more nuanced conceptualization of hesitancy that HCP express towards disease prevention interventions. Our case interventions included the seasonal influenza vaccine, the Mantoux test, and the hepatitis B (HBV) vaccine. Influenza and HBV are vaccine-preventable diseases, though their respective vaccines vary significantly in effectiveness and uptake among HCP. The Mantoux test is a tuberculin skin test which provides a prevention benchmark for tuberculosis (TB), a non-vaccine preventable disease. We conducted semi-structured interviews with relevant stakeholders and analyzed them within Israeli and international policy context between 2016 and 2019, a period just prior to the COVID-19 pandemic. We propose the conceptualization of “intervention hesitancy”—beyond “vaccine hesitancy”—as “hesitancy towards a wide range of public health interventions, including but not limited to vaccines”. Results suggested that intervention hesitancy among HCP is rooted in weak trust in their employer, poor employment conditions, as well as mixed institutional guidelines and culture. Conceptualizing intervention hesitancy expands the ability of healthcare systems to understand the root of hesitancy and foster a supportive institutional culture and trust, cognizant of diverse disease prevention interventions beyond vaccination. (shrink)

Reid's discernment between a ‘relative’ and a ‘distinct’ conception plays a significant role in his theory of secondary and primary qualities and in his postulations on ‘instinctive’ and ‘rational’ aesthetic perceptions. However, relative conceptions and, hence, the relative/distinct conception discernment, are absent from one model of aesthetic perception which Reid endorses, as well as from his theory of ‘moral approbation’. This paper aims (1) to explore the importance of Reid's relative/distinct discernment for the conception of qualities and aesthetic features and (...) (2) to point out and explain the significance of a different model of conception, which excludes relative conception, embraced by Reid for a certain context of aesthetic perception and for moral approbation. (shrink)

In Emile, Rousseau advances significant ideas about language, language learning and teaching: He posits a universal natural language that develops as the child matures; focuses on ‘private’ words invented by children, on the challenge facing children in their understanding of exceptions to general rules of the mother tongue and on recommended methods of teaching the mother tongue. The paper explores these notions, which feature at the end of Book I of Emile. It seeks to explain and interpret them as postulations (...) regarding language, language learning and teaching and, moreover, to show how they relate to Rousseau's general principles of education. (shrink)

There is a growing scientific interest around entrepreneurship. One central line of research examines how different personality traits and characteristics such as creativity or resilience relate to entrepreneurial intentions and behavior. In the current research, we add to this literature by focusing on trait victimhood, a trait that entrepreneurship research has overlooked and may be relevant to understanding entrepreneurial tendencies. In two studies in Israel among a sample of entrepreneurship students and a sample representing the general public, we show that (...) trait victimhood is negatively related to entrepreneurial personality and behavior. Moreover, Study 2 suggests that a strong sense of self-efficacy may buffer against trait victimhood’s adverse effects on behavioral entrepreneurship. (shrink)

The paper focuses on Reid's unique epistemological distinction between the primary and the secondary qualities and examines it in relation to other facets of his philosophy: his stance vis-à-vis the scientific inquiries of secondary qualities; his aesthetics; his analysis of the perception of the primary quality of hardness; his theory of learning. An inquiry into the primary/secondary distinction which takes into account such a broad context will reveal it to be far more sophisticated, dynamic and flexible than an analysis of (...) the distinction which solely takes into consideration the passages in which the Scottish philosopher directly and straightforwardly introduces it. (shrink)

Legal obligation, the focal notion of this volume, is widely thought to be bound up with the idea of authority; and it is also linked (in ways that depend on one’s conception of legal obligation) with the justifiability of authority, which will be the primary focus of this chapter. In examining the justifiability of authority, particular attention will be given to Robert Wolff’s philosophical anarchist argument and a prominent response in the form of Joseph Raz’s ‘service conception of authority’. Following (...) an introduction, I provide a brief exposition of Wolff’s claim that authority is incompatible with moral autonomy (Sect. 2). After presenting the Razian response to Wolff (Sect. 3), I consider what implications follow from Raz’s service conception of authority assuming it is correct (Sect. 4). I argue that, even if the service conception successfully meets the anarchist challenge, it does so not by entirely dissolving the tension between authority and autonomy, but through a balancing act whereby one aspect of our autonomy is comprised by another aspect of our autonomy. Finally, I consider the service conception of authority itself and point out certain vulnerabilities thereof (Sect. 5). (shrink)

This article follows the formulation of a new Palestinian attitude toward the Holocaust memory. It presents it as a bold challenge to past Palestinian perceptions of and attitudes toward the Holocaust memory. This novel Palestinian stance connects the Holocaust memory to the memory of the Nakbah, the Palestinian catastrophe of 1948. It is part of a critical deconstruction of the manipulation of collective memory in the service of nationalism. The authors of this article respond by providing their own deconstruction of (...) the memory's manipulation on both the Israeli and the Palestinian side of the divide. This additional analysis is meant to contribute to a dialogue that would enable us to explore further the dialectical relationship between the Holocaust and Nakbah memory in the Arab-Israeli conflict. This is not a mere academic exercise. Like others who had already participated in this dialogue, the authors believe firmly that such an exposure is a precondition for the elimination of the violence, direct or symbolic, from Israeli-Palestinian coexistence. (shrink)

This paper characterizes a present institutionalizedunwillingness of both the Israeli and Palestinian educationalsystems to acknowledge each other's suffering because of the presenceof what the author terms `the otherness of the other.' This isdone largely through hegemonic control of memory of genocidesendured by both and through limiting constructions of the self.Coming to terms with `each other' paves the way for ahumanistic-oriented counter-education, one based in mutualacknowledgment and open dialogue.

This article juxtaposes a jurisprudential thesis and a practical problem in an attempt to gain critical insight into both. The jurisprudential thesis is Dworkin’s rights thesis. The practical problem revolves around judicial resort to the floodgates argument in civil adjudication (or, more specifically, a version of this argument focused on adjudicative resources, which is dubbed here the FA). The analysis yields three principal observations: (1) Judicial resort to the FA is discordant with the rights thesis. (2) The rights thesis is (...) instructive in one way but mistaken in another. While Dworkin has highlighted some valid and sound reasons against judicial policymaking, his conclusive exclusion of judicial policymaking from civil law adjudication is erroneous. Civil law adjudication, it is argued, is an arena of ineliminable tension between principle and policy. (3) The FA is a type of policy argument particularly vulnerable to objections against judicial policymaking. There should, therefore, be a (rebuttable) presumption against judicial resort to it. (shrink)

I suggest two main ways of interpreting Reid's analysis of the perception of the quality of hardness: Reid endorses two distinct concepts of hardness. The distinction between the two lies in a profoundly different relation between the sensation of hardness and the concept of hardness in each of them. The first concept, which I term as a “sensation-laden concept”, is “the quality that arises in us the sensation of hardness.” The second concept, which I call a “non-sensational concept”, is “the (...) cohesion of the parts of the body with more or less force.” Reid is thinking like a developmental psychologist and postulates what I consider as a gradual development from one concept to the other according to which the initial sensation-laden concept of hardness, which we form during our early childhood, gradually develops into a mature non-sensational concept of hardness. (shrink)

While life thrives on all that is particular, private and personal, arbitrary atrocity conspires to establish itself on the power to destroy it. Conversely, art of atrocity finds its vocation in concentrating on the particular, by magnifying minute details. Individualizing the anonymous victim, ‘art of atrocity' 1 protests the conspiracy of dehumanization that lies with destruction of life.

The paper suggests that there are two different ways in which a legal system restricts an individual’s rights. It can either grant a power that revokes the legal protection of the right or it can acknowledge the infringement of a legal right and yet justify such an infringement by means of a criminal law justification. The distinction proposed by the paper has both expressive and practical implications and is useful in solving dilemmas arising in emergencies when constitutional constraints make it (...) impossible to grant the power to revoke legal protection of a basic right. In some of these situations a criminal law justification might support infringement of such a right. This claim is demonstrated by analyzing the ruling of the German Constitutional Court concerning the shooting down of a hijacked airplane in circumstances similar to those of September 11. (shrink)

This chapter begins with an empirical analysis of attitudes towards the law, which, in turn, inspires a philosophical re-examination of the moral status of the rule of law. In Section 2, we empirically analyse relevant survey data from the US. Although the survey, and the completion of our study, preceded the recent anti-police brutality protests sparked by the killing of George Floyd, the relevance of our observations extends to this recent development and its likely reverberations. Consistently with prior studies, we (...) find that people’s ascriptions of legitimacy to the legal system are predicted strongly by their perceptions of the procedural justice and lawfulness of police and court officials’ action. Two factors emerge as significant predictors of people’s compliance with the law: (i) their belief that they have a (content-independent, moral) duty to obey the law (which is one element of legitimacy, as defined here); and (ii) their moral assessment of the content of specific legal requirements (‘perceived moral content of laws’). We also observe an interactive relationship between these two factors. At higher levels of perceived moral content of laws, felt duty to obey is a better predictor of compliance. And, similarly, perceived moral content of laws is a better predictor of compliance at higher levels of felt duty to obey. This suggests that the moral content incorporated in specific laws interacts with the normative force people ascribe to legal authorities by virtue of other qualities, specifically here procedural justice and lawfulness. In Section 3, the focus shifts to a philosophical analysis, whereby we identify a parallel (similarly interactive) modality in the way that form and content mutually affect the value of the rule of law. We advocate a distinctive alternative to two rival approaches in jurisprudential discourse, the first of which claims that Lon Fuller’s eight precepts of legality embody moral qualities not contingent on the law’s content, while the second denies any independent moral value in these eight precepts, viewing them as entirely subservient to the law’s substantive goals. In contrast, on the view put forward here, Fuller’s principles possess (inter alia) an expressive moral quality, but their expressive effect does not materialise in isolation from other, contextual factors. In particular, the extent to which it materialises is partly sensitive to the moral quality of the law’s content. (shrink)

This article discusses an anomaly in the English law of reproductive liability: that is, an inconsistency between the law’s approach to wrongful life claims and its approach to cases of negligent selection of gametes or embryos in infertility treatments (the selection cases). The article begins with an account of the legal position, which brings into view the relevant inconsistency: while the law treats wrongful life claims as non- actionable, it recognises a cause of action in the selection cases, although the (...) selection cases bear a relevant resemblance to wrongful life claims. The article then considers arguments that may be invoked in an attempt to reconcile the above two strands of the law. Three of these counterarguments consist in attempts to distinguish the selection cases from wrongful life claims. It is argued that these attempts fail to reveal a valid basis for treating these situations differently. A fourth possible counterargument levels against the present analysis a charge of reductio ad absurdum. It is shown that this argument suffers from a fundamental flaw caused by confusion between different senses of the term “identity”. Finally, the article discusses possible changes to the legal position that could rectify the problem. It argues that one of these changes, which focuses on legal redress for violation of personal autonomy, is particularly apt to resolve the problem at hand, but also highlights the need for further inquiry into the broader implications of introducing this form of redress into the law of torts. (shrink)

Martin Heidegger is, perhaps, the most controversial philosopher of the twentieth-century. Little has been written on him or about his work and its significance for educational thought. This unique collection by a group of international scholars reexamines Heidegger's work and its legacy for educational thought.

Background: Midwives are required to make ethical decisions with the support of respective codes of professional ethics which provide a framework for decision making in clinical practice. While each midwife should be ethically aware and sensitive to the ever-changing issues within reproduction, few empirical studies have examined the views of student midwives in relation to reproductive ethical dilemmas. Objective: The aim of this study was to explore midwifery students’ reactions to a number of ethical dilemmas relating to women’s experiences of (...) reproductive decision making. Design: A series of focus groups were conducted with midwifery students who were asked to discuss five culturally significant scenarios including issues of knowledge acquisition regarding methods of family planning, removal or insertion of an intrauterine device, and abortion. Setting: A University in Turkey was the setting for this study. Participants: Purposeful sampling was adopted which resulted in five focus groups with a total of 57 midwifery students. Ethical considerations: The study was reviewed and granted formal ethical approval by an ethical committee at the Faculty of Health Science in Atatürk University. The head of the Faculty of Health Science approved the investigation. The participants received both oral and written information about the study and they gave their consent. Results: Five themes were identified from the analysis of the focus group data related to all five scenarios. These themes were ‘the right to information’, ‘choice and protection’, ‘parental rights and welfare of the women’, ‘make a decision’ and ‘women rights and sexual abuse’. Conclusion: This study has shown that while students respected women’s choice, they also expressed great ambivalence in some situations when personal values conflict with dominant societal beliefs and professional ethics. A focus on ethics education to include human rights is suggested as a means to enable students to explore their own social-value judgements, and as a means to limit the possible development of ethical confusion and moral distress. (shrink)

ABSTRACTA careful look at societies facing threat reveals a unique phenomenon in which liberals and conservatives react emotionally and attitudinally in a similar manner, rallying around the conservative flag. Previous research suggests that this rally effect is the result of liberals shifting in their attitudes and emotional responses toward the conservative end. Whereas theories of motivated social cognition provide a motivation-based account of cognitive processes, it remains unclear whether emotional shifts are, in fact, also a motivation-based process. Herein, we propose (...) that under threat, liberals are motivated to feel existential concern about their group’s future vitality to the same extent as conservatives, because this group-based emotion elicits support for ingroup protective action. Within the context of the Palestinian-Israeli conflict, we tested and found support for this hypothesis both inside and outside the laboratory. We d... (shrink)

If national education is, as Ilan Gur-Ze’ev thinks, inevitably a matter of agents for and victims of a national system, only a “counter-education” can correct it. Martin Buber shared many of Gur-Ze’ev’s concerns, but advocated a more positive view of national education. This essay examines Buber’s development of his pedagogical theory in its context, notes his influence on several educational models, investigates how his view of national education either continues or is ignored in the modern State of Israel, and shows (...) that his positive view draws not only on his “I-Thou” dialogical insight but also on his advocacy of a myth of Zion, a myth that provides an alternative not just to the dominant myths in Israel today but also to Gur-Ze’ev’s counter-education. (shrink)

Taking as its starting point Miri Gur-Arye’s critical discussion of a legal duty to report crime, this paper sketches an idealising conception of a democratic republic whose citizens could be expected to recognise a civic responsibility to report crime, in order to assist the enterprise of a criminal law that is their common law. After explaining why they should recognise such a responsibility, what its scope should be, and how it should be exercised, and noting that that civic responsibility must (...) include a responsibility to report one’s own crimes; it discusses whether that civic responsibility could ground at least a limited legal duty to report certain types of crime. It then turns to the question of whether a civic responsibility to assist the criminal law’s enterprise of bringing wrongdoers to account could include a responsibility to arrest suspected or known offenders if the police cannot or will not do so—a responsibility to make a citizen’s arrest, and the legal power to discharge that responsibility: how far should citizens feel entitled, or duty-bound, thus to ‘take the law into their own hands’? (shrink)

As one of the tools used to express feelings and thoughts, music has been utilised by people in many fields throughout history. Music is seen as a means of expressing religious feelings, being used as an educational tool, as a way for military bands to invoke heroic feelings in soldiers, and as way of expressing emotions in joyful and melancholic days. Music was especially born and shaped by rituals of religious origin. With the spread of the religion of Islam, music (...) became an issue that paved the way for many religious discussions. It should be clearly noted that while many verses in the Qur'an are cited as a source for these discussions, it is very difficult to deduce from these verses whether music is halal (permissible) or haram (prohibited). Additionally, many permissible matters in Islam become prohibited when used maliciously or out of their intended purpose, however, if everything that has a possibility of being used maliciously or outside of its intended purpose is considered haram, this will lead to a path of denying many blessings that Allah has bestowed upon people in this world. Restricting issues out of the possibility of their wrongful misuse and depriving others of this blessings cannot be just. Nevertheless, although the discussion of music as permissible or prohibited has largely existed within the religion of Islam, those involved with Tasawwuf (Islamic Mysticism), also known as Sufis, have generally perceived music as nutrient for the soul. Consequently, Sufis have incorporated music into their worship in order to invoke religious feelings over the centuries. Religious music is divided into two; the first is Mosque Recitations, and the second is Tekke music (also known as Tasawwuf Music). Mosque Recitation is that which is performed without instrumentals using only vocals and an improvised approach. On the other hand, Tekke music is performed with an instrument and a composed written piece. Within the Mosque Recitation is the Qur’an recitation, which when read in accordance with its rules has a natural phonetic style, meaning that when the Qur’an is recited according to the Maqam (Melodic modes of recitation) requirements, it evokes spiritual feelings to the listeners. Accordingly, there is a connection between the recitation of the Qur'an and the scientific understanding of music. When a connection between the Qur’an and disciplined recitation is established, this causes an artistic sensation to the listener, which experts in the field have name “Fem-i Muhsin”. Hafız (a title used for a person who has memorised the Qur’an in its entirety) Bekir Sıdkı Sezgin is one of the important musicians to have left his mark on Turkish music, where a discipline was formed after him. He has a very high status due to the value he gave to Turkish music as he became one of the leading names in Turkish music, especially considering the large yet unknown number of students that he personally trained. Hafız Bekir states in interviews that he especially owed his success in the science of music to the Qur'an education he received at a young age, and he emphasises that those who are on the way to becoming good musicians must receive a Qur'an education; additionally, because classical Turkish music lyrics are Arabic and Persian, he argues that the way to correctly pronounce these lyrics is to also know Ottoman Turkish to a high degree. Hafız Bekir was also able to recite the Qur'an to a degree of perfection and was proud of being a Hafız, where he believed that the Qur'an harmonised between his memory and excellent musical knowledge. Hafız Bekir recited the Qur’an according to the suitable Istanbul Maqam of reading, and by using the Maqam befitting the Qur’an recitation, Hafız Bekir was able to take the listeners on a spiritual journey. A survey of the works produced about Hafız Bekir shows that although there have been many theses, articles, and interviews published about him, there is no specific study on his Qur’an recitation according to the Istanbul Maqam style. In this study, Hafız Bekir’s dual identity as both a musician and Qur’an Hafız is underlined as a way to contribute to the field by revealing this side of Hafız Bekir, and also examining the Qur'an education that he recommends to his students. The recitation of verses 189-194 of the chapter Âli İmrân, which Hafız Bekir recited in the Istanbul Maqam style, is notated with the Mus notation system, and analysed according to the Maqam reading style. The notation is formed based on a sensory evaluation with assistance from experts in the field. This study, as a musical analysis, was produced to reveal the importance of this subject to interested parties. (shrink)

Ilan Gur Ze’ev gave his last lecture on January 4, 2012, in room 363 in the Haifa University’s Faculty of Education. Ilan passed away on the morning of January 5, 2012 at the Italian Hospital in Haifa. In this last lecture given to friends, colleagues and students he said ‘The challenge is to counter immersion of ourselves in the fashionable and in frozen identities. Important doors are opening for education to love. To summarize my part of this encounter, as I (...) depart from you after so many years of passion as part of this endeavour, let me say goodbye, with infinite thanks, for the opportunity to be part of this community. In the hope you will continue to educate to be critical, to educate to inspiration and above all to do so out of love’. I want to pay my own tribute now to my friend, Ilan, by rehearsing some of the main themes in the body of teaching that he has left us. (shrink)

Ebû Bekir Zekeriyyâ er-Râzî’nin Felsefî Görüşleri: İlâhiyyât (Metafizik) ve Tabîiyyât (Doğa Felsefesi), Turgut Akyüz, İstanbul: Ravza Yayınları, 2017, 255 s.

Ilan Gur-Ze'ev and Education: Pedagogies of Transformation and Peace critically analyses and introduces the main ideas of Ilan Gur-Ze'ev, reflecting on their continuing theoretical and practical relevance for the field of education. This book offers an accessible, higher-level critical discussion on the thought of Ilan Gur-Ze'ev with an impressive breadth and contemporary focus. The book focuses on Gur-Ze'ev's 'counter-pedagogy' project, which brought him much attention and attempts to establish an alternative and non-dogmatic form of education. Gur Ze'ev's views go against (...) 'critical pedagogy' and 'neoliberalism', because while the former advocates achieving an utopia in which there is no oppression, the later defends the idea that 'wants and desires' need to be satisfied through a process of 'marketisation'. This book brings into notice Gur-Ze'ev's concepts of 'counter-education' and 'diasporic education' which seeks to pursue the truth in everyday life, rather than achieving a utopian goal, or the Promised Land. This unique and up-to-date monograph will be of great interest for researchers, academics and postgraduate students in the fields of philosophy of education, theory of education, peace education, Jewish education, neoliberalism, and sociology of education. (shrink)