[The Mechanics of Sorcery in the Context of Deceptive-Imitative Poetry] When we inquire as to how people could have a perverted preference for ignorance over knowledge, Plato’s statement that people are deprived of true opinions only against their will provides us with an essential clue for starting out: Depriving a person of something against their will is only possible by theft, by spells of sorcery, or by force. Victims of sorcery alter their opinions under the spell of pleasure or are (...) terrified by fear. However, the “sorcery” mentioned here is not a mysterious effect, but rather the deterioration of the harmony established between the three aspects of the soul in favor of appetite. The measure and harmony in the cosmos apply to the fundamental principles of the human soul, and rhythm is engraved on the soul as the protector of measure and harmony. Rhythmic speech is the reflection of “divine language” in the human world; the poet of the ancient period was the interpreter of the “sacred language” through which the divine word appeared. When the poet and the poetry both degenerate, the poet is reduced to nothing more than a common diviner or sorcerer. Since he knows nothing but how to imitate, he embellishes his work with colors from ancient arts. He speaks his words in rhythm, measure, and harmony in order to deceive reason, which is the aspect of our soul that is most prone to measurement and calculation. This is how the poet paralyzes it. Therefore, imitative poetry vitiates our soul “without even our souls hearing it”. (shrink)

The Habermas–Foucault debate, despite the excellent commentary it has generated, has the standing of an ‘unfinished project’ precisely because it occasions the interrogation of the fundamental categories of modernity, and because the lingering sense of anxiety, which continues to remain after arguments and counter-arguments, demands new interpretations. Here, I advance the claim that what gives Habermas’s criticisms of Foucault’s histories and theoretical formulations their bite is the categorial distinction he maintains between facts and rights, and by extension, between causes and (...) reasons. The Kantian distinction between de jure validity and de facto effectivity underwrites the categorial distinction between both ‘norms/facts’ and ‘reasons/causes’ conceptual pairs, which distinction, in turn, is reinforced by a picture of the natural world as matter in motion and human agency as self-determination. I want to claim that Foucault’s work enacts a critique of Habermas not by evading the problem of justification but by undermining the very distinctions Habermas needs to maintain the universal and necessary status of communicative rationality. Drawing on Jonathan Lear’s discussion of reasons and causes in relation to the unconscious, I claim that psychoanalytic discourse helps us make intelligible a type of reflection—such as one finds in Foucault’s historiography—that is at once “critical and empirical.” Moreover, the realization that the distinction between causes and reasons may not be categorial and exhaustive shows how Habermas’s insistence on the contrary leads to one particular kind of misrecognition of our practices. (shrink)

Premarital sexual relations are unacceptable for women within Turkish society's understanding and perception of honour. If there is any suspicion about virginity, young girls are forced to undergo hymen examination against their will, which frequently results in attemped suicide. The most frequent cause of suicide in young Turkish girls is hymen examination. Nurses and midwives are always involve in this procedure. The purpose of this study was to determine the views of and approaches to hymen examination by nurses and midwives. (...) Of those who participated in this study, 80.2% had been present during a hymen examination, 40.4% indicated that virginity had a special significance in the society owing to social pressures, and 37.5% indicated that they agreed with the view that the idea of virginity puts restraints on a woman's sexual life, whereas sexual activity is a physiological need. They also indicated their opposition to hymen examination imposed without the individual's consent. They agreed that stopping this practice depended more on the social structural changes required than on legal measures. (shrink)

In Foucault’s theoretical writings, the problem of experience occurs in two shapes: his discussions of “limit-experience” and his definition of “experience.” In this article, I propose an interpretation of the concept of “limit-experience” in Foucault’s historiography according to which experience is already limit-experience, and not its static and confining other. I claim that Foucault’s concept of experience involves spatially and temporally indexed, rule-governed practices and that his interrogation of experience becomes critical not by referring to some other of reason but (...) by rendering visible the flip side of the limits of our own space of reasons. The argument in support of my interpretation of Foucault develops in two parts: 1) Foucault’s “methodology” should be seen not as historicizing the transcendental, but as giving it up. 2) This renunciation of the transcendental is nonetheless only intelligible and motivated against the background of the problematic of experience in Kant and Hegel. It thereby becomes possible to provide not a foundation but a justification for a Foucaultian critique of the limits of experience. (shrink)

Sohbet (conversation) is a weekly, informal, religious-learning gathering that has been conducted by members of the Islamic Hizmet/Gülen Movement since its inception. The movement was established in Turkey in 1966 by Fethullah Gülen and his followers. It has evolved into a transnational social movement through educational, dialogical, and humanitarian aid/entrepreneurial activities. The movement was held responsible by the Turkish government for the so-called coup attempt in 2016. Tens of thousands of members fled, and the movement’s centre of gravity shifted from (...) Turkey to the diaspora. This ethnographic research project addresses the transformations within the movement during the diaspora phase. Focusing on a female sohbet group in Helsinki, I investigate the participants’ understandings of sohbet and how the sohbet has evolved since 2016. Thematic analysis reveals three predominant themes for understanding: socialization, belonging to a community, and a quest for piety. This article illustrates that sohbet is a space for religious learning, social interactions, and affirming a shared identity that shapes the hizmet habitus. Furthermore, sohbet revitalized the hizmet habitus following the forced migration. This study contributes to the existing literature on the sohbet by investigating it post-migration. Simultaneously, it contributes to studies on religious movements and how migration affects them. (shrink)

Research suggests that people tend to overweight arguments accompanied by neuroscientific terminology, which is dubbed as the seductive allure of neuroscience explanations (SANE) in the literature. Such an effect might be of particular significance when it comes to physicians and mental health professionals (MHP), given that it has the potential to cause significant bias in their understanding as well as their treatment approaches toward psychiatric symptoms. In this study, we aimed to test the SANE effect among Turkish medical students, and (...) assess its uniqueness by comparing it with a discipline that still maintains an important role in contemporary psychiatric training in Turkey: psychoanalysis. 109 medical students with a basic level of knowledge of psychiatry and clinical neuroscience were asked to rate the credibility of explanations of differing quality (good vs. circular) for psychological phenomena, followed by three types of information: none, neuroscientific (SNI) or psychoanalytical (SPI). Our findings showed that SNI significantly increased the judged quality of explanations for both conditions with the effect being more prominent for circular explanations. On the other hand, SPI had no effect on good explanations but enhanced the judged quality of circular explanations in a level comparable to that of SNI. For the first time, the SANE effect was replicated among medical students and provided preliminary data in favor of a similar effect for psychoanalytically oriented information. (shrink)

This article is about how human freedom is understood in the philosophy of Nicolas Malebranche. According to Malebranche, the most important proponent of occasionalism in the modern period, God is the sole and real cause of the universe and all its functioning. In addition, according to him, people are free and responsible for their own actions. In this case, what it means for man to be free in this vision where God is the only reason for everything needs to be (...) explained. While Malebranche's basic views on occasionalism and human freedom are included in many of his works, these views are especially found in his famous six-volume book titled The Search after Truth and in the book of explanations he wrote for this book, Elucidations of the Search after Truth. In the article, the subject is discussed through Malebranche's basic texts. Firstly, the relationship between the human soul and God has been tried to be explained in order to explain Malebranche's understanding of freedom. At this point Malebranche; unlike the Aristotelian thinkers of the Middle Ages, seems to follow an Augustinian line. In this line, the human soul is towards God and in need of His light. Secondly, what freedom means according to him is examined. In Malebranche, it is seen that freedom is the power of man, who is naturally inclined towards the general good, that is, God, to stop his tendency towards this general good in worldly special goods, or to not consent to this and to move towards the better with attention and research. This view emerges on the basis of Malebranche's view of vision in God and the distinction between soul and body. In other words, since human beings are incomplete and limited in their knowledge, they may sometimes not go towards what they really need to reach and may accept any worldly good as true good for themselves. Or since this good is not the general good and will never satisfy him, he may not consent to it and seek out the general good. Freedom is precisely the power either to stop at the particular good or to pay attention and search beyond it. Then, how this power was reconciled with Malebranche's occasionalism was discussed and three prominent issues were examined. Firstly, Malebranche claimed that man has no causal contribution to the tendency towards general or particular goods, and that this occurs only with the influence of God. Secondly, although it seems that a power is attributed to humans in freedom, it can be said that this power is not a positive action that brings about any change. Third, there is the claim that since God is the only true cause, attention and investigation are not a cause of human knowledge but only an occasional, intermediary cause. With these claims, it has been seen that Malebranche associates freedom with sin because he treats it as a stop, that man cannot make any changes, and therefore he evaluates freedom as only the power to want, not the power to act. As a result, it can be said that it is debatable whether a power that does not cause any action or change, but only the desire to consent or not, can be called freedom. In this regard, Malebranche has moved freedom to a negative or incomplete place. Although this study specifically discusses the nature of freedom and its relationship with God through Malebranche's philosophy, it is aimed to contribute to studies on the nature of freedom. It has been seen that further studies on freedom of action and desire can be carried out, especially in the fields of religion and moral philosophy. (shrink)

Two dominant interpretations of Kant's notion of adherent beauty, the conjunctive view and the incorporation view, provide an account of how to form informed aesthetic assessments concerning artworks. According to both accounts, judgments of perfection play a crucial role in making informed, although impure, judgments of taste. These accounts only examine aesthetic responses to objects that meet or fail to meet the expectations we have regarding what they ought to be. I demonstrate that Kant's works of genius do not fall (...) within either of these categories. The distinguishing features of these works, namely, originality and exemplarity, become unrecognizable on these interpretations because originality and exemplarity lie in the work's ability to exceed one's expectations concerning its form and content. They contribute to artistic beauty through alternative transformation methods distinct from that of abstraction, namely, concept expansion and repudiation. These additional accounts of transformation lead to a rather surprising outcome: works of genius turn out to be paradigm cases where one can and indeed ought to form informed pure judgments of taste. (shrink)

The issue of humoral temperament (mizāj) is mainly a subject of the field of medicine, but it has also been a subject of psychology, philosophy and moral philosophy during time. As the issue is ontologically related to the human nature, it has been dealt from many different perspectives. Within these disciplines, it has been expanded and developed during the historical process. It holds a wide range of literature as it is a rooted and ancient subject analysed within different disciplines. Stretching (...) out to the time of ancient Egypt, this theory was developed in the field of medicine by Hippocrates and by Galen in biology and it was a subject of some of the works of many Muslim scholars, first and foremost Jāḥiẓ, The issue of mizāj, first of all was explained by the theory of four composition (blood, mucus, yellow bile and black bile) Whether the amount of these liquids change within the body has always been an issue of debate according to the conditions of time and the place. Jāḥiẓ, impressed by the views of Galen, has no distinct piece of work on the issue of mizāj. However, he had put forward his views on the changes of the mizāj in some of his works but as he had unarranged writing style, he did not deal with these issues systematically. In this article, we have aimed at systematizing his views, determined in some of his own works and the studies on them, in two stages. What we mean by the change in mizāj is the point of disappearing of the ill temper and bringing good nature instead. Jāḥiẓ, considers the person as the subject of the effort to change the mizāj and evaluates this in two stages. For him, first of all, the person sinks herself into a mental effort. In this process, the person passes through the processes of remembrance, undertaking a task and suggestion. On this point, for abandoning the evilness and adopting the goodness in character, he underlines the importance of reason. Then, are these processes to change the mizāj for Jāḥiẓ are enough? Jāḥiẓ, invites the person to a second effort, accepting the person could feel hardship on the process, based on the analyses of observation and experiment. For this reason, getting a support from outside is proper for him. According to Jāḥiẓ, religion, education, being within the society and political authority are the factors affecting the change in the mizāj. Jāḥiẓ, brings forward views in an approach of taking away almost a general taboo within the society like “once a something always a something”. In an understandable and open wording, he conveys us the stance that the mizāj can change and its applicable within the daily life. In this study, the views of Jāḥiẓ, on the mizāj was evaluated in two stages, the temperament of the person was evaluated on the ground of the change of morality and was considered according to the contributions to the field of Kalam. (shrink)

This paper explores organizational spirituality, uncovers it as spiralling dynamics of both positive and negative potentialities, and proposes how leaders can shape these dynamics to improve the human conditions at the workplace. Based on case study of five Turkish organizations and drawing on the emerging discourse on spirituality in organizations literature, this study provides a deeper understanding of how dynamic patterns of spirituality operate in organizations. Insights from participant observation, organizational data, and semi-structured interviews yield three key themes of organizational (...) spirituality: reflexivity, connectivity, and responsibility. Each of these themes has been found to be connected to upward spirals (inspiration, engagement, and calling) and downward spirals (incivility, silence, and fatigue). The study provides a detailed and holistic account of the individual and organizational processes through which spirituality is enacted both positively and negatively, exploring its dynamic and dualistic nature, as embodied in the fabric of everyday life and culture. (shrink)

This paper applies the account developed by Susanna Siegel in The Rationality of Perception to aesthetic cases and explores the implications of such an account for aesthetic engagement as well as curatorial and exhibitionary practices. It argues that one’s prior outlook – expertise, beliefs, desires, fears, preferences, attitudes – can have both aesthetically good and bad influences on perceptual experiences, just as it can have both epistemically good and bad influences. Analysing these bad influences in cases of ‘hijacked’ aesthetic perception (...) will reveal that, unless we recognize that our perception of high-level and low-level aesthetically relevant properties is norm-governed, we will be at a loss to explain what goes wrong in these cases. Just as perception can be rational or irrational, so too can it be apt or inapt. (shrink)

Noël Carroll proposes a generalist theory of art criticism, which essentially involves evaluations of artworks on the basis of their success value, at the cost of rendering evaluations of reception value irrelevant to criticism. In this article, I argue for a hybrid account of art criticism, which incorporates Carroll's objective model but puts Carroll-type evaluations in the service of evaluations of reception value. I argue that this hybrid model is supported by Kant's theory of taste. Hence, I not only present (...) an alternative theory of metacriticism, which has the merit of reinstating the centrality of reception value in art critics’ evaluations, but also show that, contrary to a common conception, Kant's aesthetic theory can house a fruitful account of art criticism. The benefit of this hybrid account is that, despite being essentially particularist, it should be appealing even to generalists, including Carroll. (shrink)

Ülfet Görgülü, Fıkıhta Cenin Hukuku, M.Ü. İlahiyat fakültesi Vakfı Yayınları, 2018, 180 s.

The topic of imaginative resistance attracted considerable philosophical attention in recent years. Yet, with a few exceptions, no historical investigation of the phenomenon has been carried out. This paper amends this gap in the literature by constructing a Humean and a Kantian explanation. The main contributions of this historical analysis to this debate are to make room for emotions in explanations of resistance reactions and to upset the polarization between rival accounts by suggesting that our possible responses to morally flawed (...) works can vary. In some cases, we resist imagining counter‐evaluative claims due to our unwillingness to do so, and in others, due to our inability. (shrink)

The Fatwā-house, which was within the body of Meshihat in the Ottoman Empire, gave answers to the questions posed to it by focusing on the Hanafi sect and the preferred fatwās of this sect for centuries. These questions and answers were also duly recorded. In this study, based on The Record for the Legal Responses of the Supreme Fatwā Office, which is registered at records numbered 378 in the Meshihat Archive of the Istanbul Mufti, one of the records containing the (...) answers given by the institution. It is an attempt to create an imagination about the scope and sphere of influence of the fatwā activity in the last period of the Ottoman Empire. Accordingly, in the last thirteen years of the state, Fatwā-house has been the addressee of questions from individuals, state and private institution directors, societies, ministries and the Grand Vizier. While some of these questions came from the provinces within the Ottoman borders or from the countries that had an administrative ties with the Ottoman Empire, some of them were submitted to the Fatwā-house by the Muslims of other states from the lost lands or simply because the caliphate center was the official fatwā organ. At the records, there is also a record of the questions coming from muslims who are Ottoman citizens but residing in other countries. Looking at the subjects, it was determined that most of the questions were asked about foundations. In addition, the permissibility of obtaining interest by bank facility or depositing money in the bank, the establishment of modern schools and whether the ways to create resources for these schools are permissible, whether teaching in Latin letters is possible, the provision of life insurance, the importance of cleanliness in the fight against cholera, the fight against innovations (bidʻas) in mosques. It is seen that questions on different issues, from issues such as whether the wife of the lost (mafqud) can be separated by the judge or not; to the issues of whether the fulfillment of judgment can be regarded as the end of the judgment or not. As it is mentioned in some fatwā records at the record book, it is obligatory to decide on fatwā and its fulfillment in the Ottoman Empire with the most authentic and preferred view of the Hanafi sect. The last two fatwā questions mentioned above are handled as examples of giving up the act with the will of the head of state, with the preferred fatwâs discussed in this article. It is only possible with the will of the head of state to make a decision with an opinion other than preferred fatwâ or an other opinion out of the sect. According to the first example, some of those of the citizens of other states outside the Ottoman Empire came to the Ottoman lands for reasons like trade etc. and married to Muslim women there and then left them suffering. This was also true for the wives of men who went to wars and did not return. Although the drawbacks of the Hanafi sect's preferred view, that one should wait until the age of ninety, one hundred, one hundred and twenty, or until the death of their peers, were resolved by appointing a regent from other sects, continuity could not be ensured in this practice either, finding people has not always been possible. For this reason, in the time of Shaykh al-Islam Hayri Efendi, a statement of change was prepared and submitted to the will of the sultan. In the issue of whether the signature of the head of state can be counted as the end of the judgment, another subject in which the will of the head of state is applied, the stages of abandoning the preferred view can be followed much more clearly. In the case of the dismissal of the judge or the expiration of the term of office before the execution of the judgment, especially in the distant provinces of the state, in the case of the judge's dismissal or the expiration of his term, according to the preferred view of the sect, which was based on juristic discretion, the closure of the cases took many years. It is seen that the judgment reached by analogy was submitted to the will of the sultan, with an article added to the script regarding the prepared procedure of reasoning, although there is no preferred view since it is the most suitable opinion for the interests of the people and the necessities of the century due to the increase in complaints. Effective from the time it was approved by the head of state, the execution of the sentence is no longer a requirement for the trial to be completed. The changes in the provisions of these matters also show that, although it was important for the Ottoman State to comply with the preferred view of the Hanafi sect - as in the previous Shaykh al-Islams' fatwās in the form of ma'ruzat - it was considered more necessary to look after the interests of the Muslims and different opinions were enacted and put into practice. (shrink)

Heidegger felsefesinin en temel niteliği, bize göre monistik bir karakter arz etmesidir. Heidegger'de varlık, hiçlik, zaman, metafizik terimleri hep aynı ontolojik problemin farklı terminolojik veçheleri olarak karşımıza çıkar. Sadece varlığı anlamaya hasredilmiş bu felsefenin başyapıtı ise kuşkusuz Varlık ve Zaman'dır. Bu eserde Heidegger titiz, ancak önceki felsefelerden farklı bir perspektif ile varlık sorusunu ele alır ve varlığı anlamaya çalışır. Varlığın yanı başında duran diğer bir kavram ise hiçliktir. Hiçlik problemini ise Heideger, bir ders sunumu olan Metafizik Nedir? isimli küçük risalesinde (...) irdeler. Ancak Metafizik Nedir?deki çözümlemelerin terminolojik arka planının önemli ölçüde Varlık ve Zaman'da olduğunu düşünüyoruz. Bu makalede filozofun Metafizik Nedir?’deki hiçlik çözümlemesi, Varlık ve Zaman’daki varlık çözümlemesi ile irtibatlı olarak ele alınıp anlaşılmaya çalışılacaktır. (shrink)

In this paper, in answering the question why Kant didn’t think very highly of music, I argue that for Kant (i) music unlike other art forms, lends itself more easily to combination judgments involving judgments of sense, which increases the propensity to make aesthetic mistakes and is ill-suited as an activity for improving one’s taste; (ii) music expresses aesthetic ideas and presents rational ideas only by taking advantage of existing associations while other art forms do so by breaking with the (...) laws of association and creating new associations. I propose that (ii) constitutes the reason why music is not a rich source for reflection and thereby cannot stimulate the enlargement of the cognitive faculties. Given that the standard Kant uses in setting up the hierarchy of fine arts in terms of their cultivating role is the enlargement of cognitive faculties, this explains why music is placed at the bottom of his hierarchy. (shrink)

Providing effective care to patients and making the right decisions in difficult working environments depend on moral sensitivity. Emotional intelligence and ethical sensitivity affect nursing care. This study aimed to investigate the relationship between nursing students’ emotional intelligence and ethical sensitivity levels. The research employed a descriptive-correlational design, 201 nursing students studying at a university in the Central Anatolia region, Turkey, participated in the study. Students’ ethical sensitivity was found to be significant. The nursing students received the highest score in (...) the “Interpersonal Orientation” sub-dimension of the Moral Sensitivity Scale, while their lowest score was observed in the “Experiencing ethical dilemma” sub-dimension. The SSREIT and MMSQSN total scores of the students who willingly chose the nursing department and loved their field were found to be higher. It was found that the ethical sensitivity of nursing students was at a significant level and gender, family type, having sibling and perception of economic status affected the level of ethical sensitivity. (shrink)

The theme of childhood and education in Lyotard’s philosophy provides an interesting field of reflection combining education studies and continental philosophy. Childhood in Lyotard’s thought is mostly understood as infantia, a concept that appears towards the end of his work. The claim of this article is that childhood in Lyotard’s philosophy cannot be reduced to the late concept of infantia; looking at the recurring nature of this theme in his writings that is present from the beginning, as well as various (...) figures under which it appears, pushes Lyotard’s readers to reconsider his work from a pluralist and interdisciplinary perspective. (shrink)

We add a stage to Nash’s demand game by allowing the greedier player to revise his demand if the demands are not jointly feasible. If he decides to stick to his initial demand, then the game ends and no one receives anything. If he decides to revise it down to 1-x\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$1-x$$\end{document}, where x is his initial demand, the revised demand is implemented with certainty. The implementation probability changes linearly between these two (...) extreme cases. We derive a condition on the feasible set under which the two-stage game has a unique subgame perfect equilibrium. In this equilibrium, there is first-stage agreement on the egalitarian demands. We also study two n-player versions of the game. In either version, if the underlying bargaining problem is “divide-the-dollar,” then equal division is sustainable in a subgame perfect equilibrium if and only if the number of players is at most four. (shrink)

Kuzey Afrika’da kurulan bilâhare Endülüs bölgesini topraklarına dahil eden Murâbıtlar Devleti 448-543 yılları arasında hüküm sürmüştür. Murâbıtlar Devleti’nin temeli Kuzey Afrika’daki kabileler arasında irşad ve tebliğ faaliyetinde bulunan ve bu maksatla bir ribat kuran Mâlikî fakihi Abdullah b. Yâsîn tarafından atılmıştır. Mâlikî mezhebine mensup olan ve bu mezhebin esas alınması hususunda büyük hassasiyet gösteren Murâbıtlar Devleti emîrleri devletin kuruluş gayesine sadık kalmışlar, karar alırken fakihlere danışmışlar, onların fetvâları ve tavsiyeleri doğrultusunda devleti yönetmişlerdir. Bu durum fakihlerin tesir sahasının oldukça geniş olmasına (...) sebebiyet vermiştir. Murâbıtlar Devleti, fakihlerin bu devlette büyük bir otoriteye sahip olmaları ve bilhassa onların fetvâları ile vuku bulan hadiseler sebebiyle yıkılışından itibaren çeşitli değerlendirmelere konu olmuştur. Bu devlete son vererek bu devletin topraklarında hüküm süren Muvahhidler, müsteşrikler ve bir kısım araştırmacılar Murâbıtlar Devleti’ne tamamen olumsuz bir bakış açısıyla yaklaşmış, çeşitli ithamlarda bulunmuşlardır. Diğer taraftan bilhassa son dönemlerde bu suçlamalara cevap niteliği taşıyan çalışmalar da yapılmış, eserler ortaya konulmuştur. Bu çalışmada öncelikle Murâbıtlar Devleti’nde en önemli makam olarak kabul edilen kādılık makamını ihraz eden fakihlerin yetki ve sorumlulukları hakkında bilgi verilmiştir. Sonrasında devletin zirve döneminde hüküm sahibi olmuş Yûsuf b. Taşfîn ve Ali b. Yûsuf b. Taşfîn’in fakihlerle ilişkileri ile fakihlerin bu emîrlerin döneminde cereyan eden önemli hadise ve kararlardaki rolü ele alınmıştır. Çalışmanın son kısmında ise Murâbıtlar Devleti’nde fakihlerin konumu ve etkisi ile alakalı olarak yapılan değerlendirmelere yer verilmiştir. (shrink)

The article aims to analyze the legal norms that regulate the protection of the property right in the legal system of the Republic of Macedonia. In most cases, the protection of property right is realized through suits; however, our legal system provides for the possibility that the protection of property right can also be realized through the registration of immovable property rights in the respective Public Registries. Given the fact that in the Republic of North Macedonia the normative regulation of (...) property suits is not contained in a single normative act, but rather extends to several such acts, the article, based on the practice of the high courts, seeks to analyze the legal cases related to property rights that qualify as rights similar to property rights, but which enjoy legal protection provided by law. The article will mainly elaborate on the basic provisions on property protection suits contained in the Law on Ownership and other Real Rights (2001). However, in this context, the provisions on property protection that are contained in the Law on Real Estate Cadastre (2008), the Law on Contentious Procedure (2005), the Law on Securing of Claims (2007), the Law on Construction Land (2008), etc., will also be taken into consideration. (shrink)

The aim of this paper is to analyze the protection offered to parties, participants and third parties during enforcement, as one of the most important requirements of the enforcement procedure. Having in mind that bailiffs except for implementing enforcement, they are also competent to determine the means by which creditors’ claims will be fulfilled. The realization of the creditors’ claims does not mean use of any kind of measure or enforcement procedural activity. In this context the authors review ways in (...) which debtors and their family members can be protected during enforcement actions, such as measures of exclusion and restriction of enforcement on the debtor’s items and income. Furthermore, the authors elaborate other legal and important ways for protection of parties, participants and third parties, such as opposition to illegality and complaints provided by the Law on Enforcement. In this regard, results of this research have shown that the RNM is making efforts to create a more effective enforcement system, which includes guarantees not only for the protection of the creditor and the debtor as a party, but also for the participants and third parties. From the enforcement experiences of citizens were reported dissatisfaction and complaints of citizens regarding the performance of bailiffs, namely taking the necessary means of subsistence form them. To avoid this situation Amendments on the Law on Enforcement in 2020 were brought, so the legal framework was clarified in terms of measures for exclusion and restriction of enforcement. This resulted in the prevention of economic damage of debtors and their family, because now no action can be taken if the debtor has an average salary or pension. Extraordinary legal remedies in enforcement proceeding are excluded, but there are other safeguards that are related to enforcement process but are not regulated by the Law on Enforcement. (shrink)

The aim of this study is to explore the role and the importance of the notary service in the process of dejudicialization of the judicial-civil protection. In this context, this paper first of all attempts to examine the extent to which the issues from the traditional competence of the court have been transferred to notary publics and the possibilities of further extension of this transfer. The judicial framework for the transfer of these issues from the court competences to that of (...) notary publics has been decided by the Law on Non-Litigious Procedure. In supporting this law, the notary publics undertook the realization of a series of activities in this field, namely in the field of inheritance. In this respect, the idea of this paper was to try to identify other judicial issues that could perhaps be entrusted to the notary publics in the future, by carrying out a judicial-political assessment of the public interest to transfer the resolution of certain issues to notary publics′ competences with the aim of facilitating the judicial circulation and increasing judicial security. (shrink)

This article aims to expound the principle of justice, as a fundamental value and as an immanent category of law, as well as one of the fundamental human rights, prescribed and guaranteed by a myriad of international instruments and documents. After a brief historical account, by focusing on Article 40 of the Magna Carta Libertatum, which states that: “To No One Will we Sell, To No One Will we refuse or delay, right or justice”, this article claims to show the (...) importance of incorporation of this principle in the provisions of the Magna Carta and its impact on the development of theory and legislation in the past and present. Moreover, the article intends to explore the extent of influence that the priciple of justice has on the functioning of the law in general. Since justice implicates the permanent and constant will to render each person his due, and this achieved through equality, it results that justice means being equal. In this context, the article will explore the concept of equality as a precondition of justice, as well as the conditions and modalities for its implementation. Having in mind that the principle of justice is closely linked to the principle of equity, because equity precedes justice, or more precisely, equity is considered a source of justice, this article seeks to articulate the essential distinctions between these two concepts by focusing on their methods, i.e. in their approach for putting the idea of equality into action. (shrink)

This research article analyzes the right of disposal of marital property in relation to the undertaking of those legal actions that imply the highest authorizations that legal subjects can have over things. Having in consideration the fact that according to the legislation in the Republic of Macedonia, marital property is joint as are the authorizations of spouses over their joint items, it is important to determine the extent of the disposal, i.e. who disposes of the items of the joint property (...) and to what extent. Referring to the normative framework, which regulates disposal relations of spouses, the article emphasizes the concept and importance of the authorization of disposal of things, through legal activities. In this context, the article tends to draw a divisive line between the administration with the joint item, referring to continuative actions and measures and the disposal of the thing, which is not continuative but, due to legal consequences it causes, has great importance in practice, and as a result, enjoys greater attention in legislators in terms of its limitation compared to the acts of administration with joint items in marriage. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Baumgarten's Aesthetics: Historical and Philosophical Perspectives ed. by J. Colin McQuillanEmine Hande TunaJ. Colin McQuillan, editor. Baumgarten's Aesthetics: Historical and Philosophical Perspectives. Lanham, MD: Rowman & Littlefield, 2021. Pp. viii + 364. Hardcover, $130.00.Contemporary philosophers have often overlooked the originality and impact of Alexander Gottlieb Baumgarten's views on aesthetics, and his contribution to the field is often reduced to his introduction of the term 'aesthetics' into the philosophical (...) lexicon. By illuminating the seminal character of Baumgarten's aesthetics and its enduring significance, J. Colin McQuillan's collection of twelve essays endeavors to rectify this neglect, particularly within the anglophone philosophical community. The collection aims to make recent scholarship on Baumgarten's aesthetics more accessible, with translated works from German scholars and their English counterparts presented in a single volume to entice anglophone readers. It stands as the first collection of essays devoted to Baumgarten's aesthetics to be published in English. Through the essays contained in this volume, readers are offered a comprehensive overview of Baumgarten's aesthetic theory and its progression as well as a deeper understanding of his substantial and influential contributions to the field.The collection begins with a comprehensive introduction by McQuillan, which provides insightful analysis of the reasons behind Baumgarten's neglected status and a concise biography of the philosopher. McQuillan lucidly summarizes Baumgarten's goals for his new science of aesthetics, the extent to which he was able to accomplish these goals, and what remained unfinished. McQuillan highlights Baumgarten's view that his aesthetics was not just a theoretical exercise, but rather had practical implications, such as the potential to enhance poetry, rhetoric, and other arts, and more generally all sensible cognition.The opening two essays of the collection offer dual perspectives on Baumgarten's aesthetics, one exploring the connection of his theories to the pursuit of establishing art as the presentation or representation of the absolute and the other presenting his aesthetics as modeled on the "art of invention" (ars inveniendi). Ursula Franke's essay contextualizes [End Page 711] Baumgarten's ideas within the historical framework and demonstrates his impact on the development of German idealist aesthetics, but it also serves as a valuable guide for further research on Baumgarten by providing an overview of contemporary research and avenues for engagement with his work. In the second essay, Stefanie Buchenau offers an insightful examination of the relationship between Baumgarten and Cicero, illuminating how the former crafted aesthetics as a new method of invention.The third and fourth essays of the collection have a narrower focus. In his analysis, Matthew McAndrew, following George Friedrich Meier, posits that Baumgarten, despite seemingly presenting two conflicting definitions of beauty—one attributing beauty to the object of cognition, and the other to the cognition itself—only held the former definition. Departing from previous interpretations that attempted to reconcile both definitions, McAndrew rejects the definition of beauty as the perfection of sensible cognition. Angelica Nuzzo argues that Baumgarten had a pluralistic understanding of truth and distinguished between aesthetic truth and logical truth. She examines Baumgarten's conception of aesthetic truth and contends that it is imperative to comprehend how poetry embodies and incorporates aesthetic truth. According to Nuzzo, Baumgarten believed that aesthetic truth is embodied.In the fifth essay, Simon Grote delves into the theological sources of Baumgarten's aesthetics. Grote claims that Baumgarten's definition of aesthetics was influenced by the definition of aisthēsis put forth by Halle Pietists. Indeed, he claims that seeing this connection between the Pietists and Baumgarten is vital to fully grasp the ethical dimensions of Baumgarten's early aesthetic theory. Like many Halle Pietists, Baumgarten was advancing a conception of moral education as involving the improvement of the human affects through the proper use of the sensible faculties. In the following essay, McQuillan examines the aspects of Baumgarten's aesthetics that set him apart from his rationalist predecessor Christian Wolff. Challenging the orthodox view that portrays Baumgarten as a Wolffian rationalist, McQuillan argues that Baumgarten limited the application of Wolff's mathematical method, circumscribed the scope of logic, and distinguished between sensible and intellectual perfection, separating what Wolff aimed to unite. In his contribution, Alessandro... (shrink)

Distinction of ‘awām- khawāṣ (the ordinary and the elite) is a general distinction in philosophical literature that shows the difference of people in their level of understanding the truth. It is possible to take this distinction back to Plato in Ancient Greek philosophy. Plato's hesitation in expressing his philosophical thoughts in written form, and Aristotle's use of obscure expressions and symbols in his works against the possibility of reaching those who are not competent, is a result of the distinction between (...) ‘awām-khawāṣ. This distinction was covered in Islamic thought by associating it with the three addressing styles mentioned in the Quran and the fact that the prophet was proclaiming the message according to these addressing styles. The purpose of this study is to reveal how the truth should be conveyed to people of all levels through the evaluations of the Islamic philosophers and thinkers on the distinction between ‘awām and khawāṣ. In the study it will be attempted to find answers to the questions of what are the reasons leading the Islamic philosophers and thinkers to make the distinction between ‘awām and khawāṣ, what arguments they used to explained the necessity of this distinction and why is the distinction between ‘awām and khawāṣ so important. Firstly, the lexical and terminological meanings of the concepts of ‘awām and khawāṣ are introduced. The ‘awām, which is used to express the public, ordinary people, and the lower layer of the society, is a term that qualifies the ignorant society, who has adopted a system of imitation-based life and belief cannot understand the truth of life. Khawāṣ, who are defined as the elite, the prominent, who represents the intellectual group and strives to grasp the truth, base their life and belief on knowledge and attain a higher level of awareness. After the literal and terminological meanings, it has been proceeded to the historical background of this distinction. Then the views of Islamic philosophers and thinkers who directly point to this distinction in this regard have been examined by referring to their main works. These are al-Fārābī, Ikhvān-Ṣafāʾ, Ibn Sinā, Rāghıb al-Iṣfahānī, Ghazālī, Ibn Tufayl, Ibn Rūshd, Ibn'ūn-Nefīs. For instance, al-Fārābī makes a clear distinction between ‘awām and khawāṣ in his works on political philosophy. He addresses this distinction by stating that the virtuous city is divided into two groups, the difference is in the methods used by these group to grasp the truth, and that they can achieve happiness in different ways. Stating that people are made up of different groups, Ikhvān-Ṣafāʾ goes to the distinction of ‘awām- khawāṣ and classifies the sciences accordingly. In addition, Ikhvān-Ṣafāʾ say that the prophets pay attention to the mentioned distinction while communicating the message of Allah to people. Ikhvān-Ṣafāʾ have related this distinction to the distinction between exoteric and esoteric. The understanding of prophethood and eschatology of Ibn Sinā shows ‘awām-khawāṣ distinction very clearly, too. According to him the truth should be conveyed gradually. Ghazālī claims that the ‘awām should not demand the sciences that are not suitable for their cognitive level and that they should leave them to competent people. In Islamic thought the dominant idea is that both wisdom and religion are presented in exo-teric and esoteric knowledge and that the learning of the esoteric way is only necessary for the khawāṣ. The aim of the ‘awām-khawāṣ distinction is to prevent misunderstanding that would arise when the knowledge would be conveyed to wrong people and thus to prevent the loss of truth by those who are not competent. The majority of Islamic thinkers call ‘awām as people of imagination, and khawāṣ as people of thought. They think that the methods of thinking and imagining should be taken into account when explaining the religious and philosophical truths. They have also emphasized the perfection of the prophetic style of addressing society. The symbols and metaphors that the prophets used to express religious truths or the metaphors and symbolic stories that are preferred by philosophers to tell some truths can be seen as a product of the distinction between ‘awām and khawāṣ. As it can be seen in the example of Ḥay bin Ya-qẓān, explaining the truth clearly to ‘awām may cause them to deviate from the right way. For this reason, it is necessary to tell the truth to people according to their level of understanding. It is possible to say that the ideas of Islamic thinkers about this distinction still remain important to-day, due to the fact that people have different dispositions and their level of understanding is not the same despite a change in time and place. Therefore, the disadvantage as pointed out by the Islamic thinkers is that the attempt to convey the truth to people may not be able to reach its exact purpose by ignoring this distinction. (shrink)