In this volume, Ozgur Koca offers a comprehensive survey of Islamic accounts of causality and freedom from the medieval to the modern era, as well as contemporary relevance. His book is an invitation for Muslims and non-Muslims to explore a rich, but largely forgotten, aspect of Islamic intellectual history. Here, he examines how key Muslim thinkers, such as Ibn Sina, Ghazali, Ibn Rushd, Ibn Arabi, Suhrawardi, Jurjani, Mulla Sadra and Nursi, among others, conceptualized freedom in the created order as (...) an extension of their perception of causality. Based on this examination, Koca identifies and explores some of the major currents in the debate on causality and freedom. He also discusses the possible implications of Muslim perspectives on causality for contemporary debates over religion and science. (shrink)

This essay was completed in January 2016 and accepted for publication in a collection on occasionalism by Nazif Muhtaroglu. It attempts to update the doctrine of occasionalism to make it independent of theism and fit better with contemporary physics and a modern understanding of causation. We find that modern physics provides an avenue to support the essential core of occasionalism.

This article, in the example of the subject of shukr (gratitude), proposes a ‘perspective’ for the instructor who determines the processes of bringing a subject into the learning environment. This perspective is related to the encounter with the knowledge of the subject to be taught. It points to the approach of the instructor to the information he/she will refer to about the subject he/she will teach while preparing in the mental plan. The content of the subject, the objectives, the methods, (...) techniques, and resources to be used to present the subject, and how the output will be measured and evaluated are largely determined by this perspective. In a way, the proposed perspective involves monitoring the change and transformation of life and the contextualization of religious knowledge by paying attention to the methodological functioning. Thus, the way the subject of gratitude presented in the Qur’an and hadith narrations aims to provide the teacher with a ‘perspective’ on what kind of content to prepare. This is a suggestion for the instructor to reveal that while managing the process of religiously understanding/interpreting life as it flows by, the instructor should not ignore the ways in which knowledge appears in the Qur’an and hadith narrations. For example, the first meaning of the word shukr (gratitude) in the Qur’an is “faith in Allah.” However, traditionally, shukr (gratitude) is not taught within the subject area of faith. In this context, the article follows the suggestion that referring to the method and source of the knowledge to be taught can provide the instructor with a holistic and in-depth ‘perspective.’. (shrink)

This article offers a way of approaching the question of causality in Ibn ʿ Arabī’s relational and processual metaphysical system. Ibn ʿ Arabī’s metaphysics is relational in the sense that entities are perceived as the totality of their relationships to God. The Divine Names are theological categories denoting these relations. It is processual in that it perceives the world as the multiplicity of the incessant and ever-changing process of the manifestations of the divine qualities. The world is recreated anew at (...) each moment and entities are societies of divine acts or theophanies. In this framework, causal power is attributed to God and causality describes the regularity and predictability of the related theophanic individualities. The article, then, turns to examine how Ibn ʿArabī presents a participatory account of freedom in accordance with his understanding of causality. The paper, first, briefly summarizes different accounts of causality offered by Muslim theologians and philosophers before Ibn ʿArabī. The second section introduces some relevant aspects of Ibn ʿArabī’s metaphysics for our discussion and rethinks the question of causality within this larger framework. The third section discusses the question of freedom and responsibility of the moral agents. Finally, the paper offers a comparative examination of Ibn ʿArabī’s theory of causality. (shrink)

Starting from the nature of the concept of niceness, nice voice, smartness, together with the clues, is a skill that generally meets the common denominator. This ability is present in every human being, but with different levels. Just as every talent needs training and development, a nice voice needs to be distinguished, trained, developed and rewarded. In this way, a person who is created with a nice voice should be able to reach high level in terms of sound. This emerging (...) niceness also has an effect on strengthening religious feelings on people. For this reason, the prophets sent as guides to people also benefited from this effect of music in their messages. Some prophets even came to the fore by using a nice voice as a method of communication. As the last prophet who has a nice voice as a part of the method of conveying with his strong oratory ability, Prophet Muhammad, as well as the importance he attached to a nice voice, had a lovely voice. The main issue here isalso noteworthy that Muhammad both had a nice voice himself and the importance he gave to a nice voice. In this study, some hadith narrations about how the voices of the prophets were and the narrations about the niceness of the voice of Hz. Muhammad and its effect on the listeners will be evaluated. In addition, the verses of the Qur'an and the narrations of the Hadith about Hz. Muhammad's attitude towards person with a nice voice and "Hz. Muhammad's voice" will be examined in terms of musical context in accordance with the conditions of the period. (shrink)

Ibn al-Qāṣṣ (d. 335/946), one of the representatives of the Shāfiʿī school of law in the 4th/10th century, compiled a short treatise of extraordinary nature: Fawāʾid Ḥadīth Abī ʿUmeyr. In this work, he deduces sixty different wajhs (verdicts, comments) from a ḥadīth reporting the Prophet’s interest and affection to a child known as Abū ʿUmayr and his family during a visit he paid after Abū ʿUmayr’s birdie died by jokingly telling him in rhyme, “yā Abā ʿUmayr, mā faʿala al-nughayr” (O (...) Abū ʿUmayr, what happened to the nughayr?) This study deals with the primary goal of the composition of the Fawāʾid, its content, and structural qualities as well as the author’s approach in deducing verdicts. As one of the aṣḥāb al-wujūh, the author’s legal/madhhab notion and the literalist and external perspective he developed regarding the interpretation of texts, seems to have directly affected his deductive reasoning and determined his approach. This concise work not only sheds light over certain aspects of the relationship between ḥadīth and fiqh at the time of Ibn al-Qāṣṣ, but also exemplifies to what extent methodological tendencies and personal factors might affect the process of deriving verdicts from ḥadīth and could push the limits in that regard. Summary: Ibn al-Qāṣṣ (d. 335/946), one of the representatives of the Shāfiʿī school of law in the 4th/10th century, compiled a short treatise of extraordinary nature: Fawāʾid Ḥadīth Abī ʿUmeyr. In this work, he deduces sixty different wajhs (verdicts, comments) from a ḥadīth reporting the Prophet’s interest and affection to a child known as Abū ʿUmayr and his family during a visit he paid after Abū ʿUmayr’s birdie died by jokingly telling him in rhyme, “yā Abā ʿUmayr, mā faʿala al-nughayr” (O Abū ʿUmayr, what happened to the nughayr?) The report of Abū ʿUmayr, which is in the focus of the work, is, in essence, reflects a singular and special aspect of the close relationship between the Prophet and Anas b. Malik’s family. Nevertheless, it is surprising that many ḥadīth scholars from the early times, not only Ibn al-Qāṣṣ, have chosen this ḥadīth as an example in which they can demonstrate their skill in the field of fiqh al- ḥadīth. Fawāʾid seems to be a work in which the juridical point of view centered and resembles the classical fiqh commentaries in a sense. In the work, different variants of the Abū ʿUmayr report were brought together and evaluated within the framework of the text and textual possibilities as possible. The author also analyzed some words in the narrative text for being a base for a verdict, referred to Qurʾānic verses, prophetic ḥadīths, reports, and legal opinions, tried to solve the disputes and the conflicts among legal evidences in various ways, and stated occasionally his personal opinions. Fawāʾid reflects the author’s rich accumulation of legal knowledge, while at the same time gives an idea about his knowledge of ḥadīth and his approach to the ḥadīth. Considering what the author did and wanted to do, it is understood that he deals with ḥadīth as well as fiqh, and he has a certain level of relationship not only with fuqahāʾ (muslim jurisprudents), but also with ḥadīth scholars. Ibn al-Qāṣṣ’s interest in fiqh and ḥadīth must have lead him to take initiative to eliminate the tension between the ahl al-ḥadīth of Shāfiʿī school of law who focused on transmitting ḥadīths and the fuqahāʾ of Shāfiʿī school of law who care about the fiqh perspective, in that period of time. It can also be said that he tried to establish a reconciliation between the ahl al-ḥadīth (the traditionists) and the ahl al-raʾy (the rationalists) and bring the parties together in the middle way. The work seems to have been written as a result of such considerations. As Ibn al-Qāṣṣ was considered as one of the aṣḥāb al-wujūh, that is, as a jurist who was bound of a madhhab Imām for legal reasoning, he seems to have followed the methodology of Shāfiʿī school of law for deriving legal solutions from the sources. Legal notion of the author and his literalist and textualist perspective with regards to the interpretation of texts, seems to have directly affected his way of reasoning from the ḥadīth and determined his approach. This approach, as mentioned in many contemporary studies, is not sufficient and appropriate for the evaluation of ḥadīth texts, which were transmitted by meaning, not word-by-word, and shaped by the transmitter’s dispositions. It is also difficult to say that Ibn al-Qāṣṣ sufficiently considered the physical, historical, social, and cultural context surrounding the text as well as other extra-textual elements, which complete the meaning. This situation implies that some of the wajhs recorded in the work are the author’s attempt to find a base and evidence for his ideas, which he already had, rather than deductions drawn from the ḥadīth. It makes the scientific quality and accuracy of his efforts controversial. The verdicts presented in the work, as wajh and fāʾida are predominantly jurisprudential and compatible with the opinions of the Shāfiʿī School of law, however, there are also controversial ones, and the author pointed to them without revealing his own tendency. It does not seem that these wajhs in the work are systematically ranked. In this vein, similar wajhs are sometimes in succession, sometimes scattered, and some wajhs are repetitive. The degree of accuracy, clarity and quality of some wajhs also seem arguable. Zayn al-Dīn al-ʿIrāqī (d. 806/1404), who made a general evaluation of these wajhs, said that: “Some of the (meanings of the) wajhs in the work are apparent, some of them are hidden and some are strained.” The work’s editor drew attention in the footnotes to the wajhs, which might be subject to objection. The early ḥadīth scholars, who reported this ḥadīth in their compilations, deduced six or seven judgments from the ḥadīth under the headings (bāb) specified for this ḥadīth. This appears quite modest in comparison to the treatise of Ibn al-Qāṣṣ. The given ḥadīth has also taken its place in the fiqh literature, and it has been questioned in the context of the issue of Madīna’s being of ḥarām region (holy land) and hunting ban in this region. In conclusion, Ibn al-Qāṣṣ’s treatise of Fawāʾid Ḥadīth Abī ʿUmayr, is a short but worthy example of the ḥadīth literature in terms of its purpose and interesting content. This work can be considered as a study that exemplifies how the purpose of writing can be determinative on the structure of a work, and in particular to what extent methodological tendencies and personal factors might affect the process of deriving verdicts from ḥadīth and could push the limits in that regard. The author’s universe of meaning, which focused on the apparent meaning and to draw as many judgments as possible from the text, should be related to his personal intention and purpose as well as to the fiqh perspective of his time. Due to the textual approach and the method for drawing inferences, which are observed in the work, the tool-purpose relationship between the text and the judgment sometimes remains obscure and sometimes becomes unimportant. In some respects, this work is a striking example of the consequences of ignoring the context and historical reality surrounding texts for specific purposes. (shrink)

In this study, it is aimed to determine the perceptions of high school students about the Religious Culture and Moral Knowledge course and their teachers through metaphors. In the study, which was designed in a phenomenological (factual) design, one of the qualitative research designs, the participants were determined by the criterion sampling method, one of the purposive sampling methods. The data were collected from 262 students studying in 4 different high school institutions in the 2021-2022 academic year. The research data (...) were obtained by completing the sentences “Religious Culture and Moral Knowledge teacher…like/because…and Religious Culture and Moral Knowledge lesson…-similar/ because……like” in the form given to them. The metaphors obtained at this stage were categorized according to their semantic content, divided into sections, expressed numerically and tabulated, and interpreted in a way that the reader can understand. As a result of the research in which the students' perceptions of the Religious Culture and Moral Knowledge course were gathered under three themes as positive, neutral and negative, it was determined that the majority of the students produced positive metaphors for the Religious Culture and Moral Knowledge Lesson and teacher. (shrink)

The article examines Ibn Sīnā’s account of necessity and freedom both in God and in the created order. The first part of the article argues that Ibn Sīnā attempts to reconcile seemingly contradictory notions of divine freedom and divine necessity on the premise that if there is necessity in the First this comes solely from ontological, moral, and intellectual perfection and not from an external source or principle, or an internal desire to realize an unrealized potentiality. The First acts, necessarily (...) and voluntarily, in conformity with Its perfection. Hence, the First’s acts may be described as simultaneously necessary-cum-voluntary. The article then, in light of the previous discussion, turns to examine how Ibn Sīnā establishes freedom in the created order. The second part of the article focuses on the notion of existence and how Ibn Sīnā’s distinction between physical and metaphysical causality leads to the idea that the ‘gift’ of existence grounds freedom in entities. The third section examines his construction of essences as uncaused and eternal objects of the divine knowledge. The First knows and existentiates essences in accordance with Its knowledge, but It does not determine what they are. The idea that there is no cause for an entity to be what kind of entity it is in the First’s knowledge further affirms the idea of freedom in the created order. (shrink)

This study aims to critically compare and contrast the views of Ibn Arabi and Whitehead on God, the world, and the relationship between the two. I argue that there are significant overlaps in their systems that are sufficient to start a scholarly and enriching dialogue between the two thinkers. Both seem to envisage the world as a continuum of events, as a process. They also appear to agree that the primordial nature of God includes all potentialities that are also the (...) metaphysical principles that ground regularity in a world that is otherwise defined by pure change. The concept of relationality lies at the core of their conception of the God-world relationship and of the relationships of entities with each other. We can also see an emphasis on God's immanence without losing the distinction between God and the world. They both hold that God can be best understood by bringing antitheses together They make similar distinctions between God's primordial and consequent natures. The article also alludes to points of divergence between the two thinkers. These divergences do not exclude the possibility of a dialogue, but, in contrast, render the interaction between the two a meaningful and enriching one. (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)

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)

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)

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)

Bu çalışmada üç aylık bir süreli yayın olan Türk Standartları Enstitüsü Öncü Çocuk Dergisi, tipografik özellikleri bakımından incelenmiştir. Yapılan çalışmada, tipografik öğelerin görsel iletişime olan etkilerini ortaya koymak amaçlanmış ve bu kapsamda söz konusu tasarım problemleri ile çözüm önerileri ele alınmaya çalışılmıştır. İncelenen dergi dahilinde, grafik iletişimin başlıca öğesi olan tipografi ile ilgili olarak okunurluk, yazı hiyerarşisi, font seçimi, bloklama gibi unsurlar üzerine tartışılmıştır. Verilerin nitel olarak değerlendirildiği bu betimsel çalışmada örneklem olarak derginin 2016 yılı sayıları seçilmiştir. Çalışmanın sonuç kısmında (...) derginin tasarımında tespit edilen bulgulara yönelik öneriler getirilmiştir. (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)

This paper studies the context-dependence of the first-person indexical 'I,' while attempting to make the identifiability criteria for specificity and definiteness clearer for this important indexical. Having been influenced by John Perry's work on indexicals, we'll show that this (seemingly) clearest case of an indexical poses a difficulty.

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)

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)

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)

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

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)

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)

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)

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)