This is the first book to unpack the legal and ethical issues surrounding unauthorised intimate examinations during labour. The book uses feminist, socio-legal and philosophical tools to explore the issues of power, vulnerability and autonomy. The collection challenges the perception that the law adequately addresses different manifestations of unauthorised medical touch through the lens of women's experiences of unauthorised vaginal examinations during labour. The book unearths several broader themes that are of huge significance to lawyers and healthcare professionals such as (...) the legal status of women and their bodies. The book raises questions about women's experiences during childbirth in hospital settings. It explores the status of women's bodies during labour and childbirth where too easily they become objectified, and it raises important issues around consent. The book highlights links to the law on sexual offences and women's loss of power under the medical gaze. The book includes contributions from leading feminist philosophers, medical professionals, and academics in medicine and law, and offers pioneering analysis relevant to lawyers and healthcare professionals with an interest in medical law and ethics; feminist theory; criminal law; tort law; and human rights law. (shrink)

To what extent should parents be able to choose the kind of child they have? The unfortunate phrase 'designer baby' has become familiar in debates surrounding reproduction. As a reference to current possibilities the term is misleading, but the phrase may indicate a societal concern of some kind about control and choice in the course of reproduction. Typically, people can choose whether to have a child. They may also have an interest in choosing, to some extent, the conditions under which (...) they do so, such as whether they have a child with a serious disability or disease. The purpose of this book is to explore the difficult and controversial question of the appropriate ethical and legal extent of reproductive autonomy in this context. The book examines ethical, legal and public policy issues in prenatal screening, prenatal diagnosis (PND), selective abortion and preimplantation genetic diagnosis (PGD). It explores the ethics of these selection practices and the ability of current ethical guidelines and legal mechanisms, including the law on selective abortion and wrongful birth, to deal with advances in genetic and other knowledge in these areas. Unlike in the United States, in England the relevant law is not inherently rights-based, but the impact of the Human Rights Act 1998 inevitably raises questions about the proper scope of reproductive autonomy in this context. The implications of the analysis are considered for the development of relevant law, public policy and ethical guidelines and will be of interest to academics in medical law and ethics, health professionals, lawyers, those working on public policy and students with an interest in these issues. (shrink)

This is a first attempt at the philosophical articulation and projection of the Igbo concept of law and the role of law in the traditional environment. In the Igbo traditional setting, the rules of law are uncodified. The author, who teaches philosophy of law and logic at the University of Nigeria, defines the law of a given community as the body of rules recognised as binding by its members. On this concept of law, he has based his attempt to elucidate (...) the philosophical underpinning of those rules recognised in Igbo traditional legal system as law. Unless the philosphical foundation is understood, the traditional law, machinery for enforcement, and legislative and judicial processes may appear incomprehensible. The first part gives a descriptive insight into the moral, religious, socio-political and legal background of the Igbo. The second part is devoted to the fundamental questions concerning the concept of law, the various types of laws, the reciprocal influence between law and Igbo religion and the end of laws. Finally, the author examines the nature of right in Igbo traditional thought and locates the philosophical background. (shrink)

Dementia is a topic of enormous human, medical, economic, legal and ethical importance. Its importance grows as more of us live longer. The legal and ethical problems it raises are complex, intertwined and under-discussed. This book brings together contributions from clinicians, lawyers and ethicists – all of them world leaders in the field of dementia – and is a comprehensive, scholarly yet accessible library of all the main (and many of the fringe) perspectives. It begins with the medical facts: what (...) is dementia? Who gets it? What are the current and future therapeutic and palliative options? What are the main challenges for medical and nursing care? The story is then taken up by the ethicists, who grapple with questions such as: is it legitimate to lie to dementia patients if that is a kind thing to do? Who is the person whose memory, preferences and personality have all been transformed by their disease? Should any constraints be placed on the sexual activity of patients? Are GPS tracking devices an unpardonable interference with the patient's freedom? These issues, and many more, are then examined through legal lenses. The book closes with accounts from dementia sufferers and their carers. It is the first and only book of its kind, and the authoritative text. (shrink)

Prenatal and preimplantation testing technologies have offered unprecedented access to information about the genetic and congenital makeup of our prospective progeny. Future developments such as preconception testing, non-intrusive prenatal testing and more extensive preimplantation testing promise to increase that access further still. The result may be greater reproductive choice, but it also increases the burden on women and men to avail themselves of these technologies in order to avoid having a child with a disability. The overwhelming question for legislators has (...) been whether and, if so, how to regulate the use of these technologies in the face of compelling but seemingly contradictory claims about the advancement of reproductive choice and the dangers of eugenic or discriminatory effects. This book examines the evolution of this legislative oversight across a number of jurisdictions and explores the tensions and ambiguities that inform these laws. (shrink)

Chapter 1: An Introduction: The ‘Semantic Sting’ Argument Describes Dworkin’s theory as concerning the conditions of legal validity. “A legal system is a system of norms. Validity is a logical property of norms in a way akin to that in which truth is a logical property of propositions. A statement about the law is true if and only if the norm it purports to describe is a valid legal norm…It follows that there must be certain conditions which render certain norms, (...) but not others, legally valid. Hence it also follows that there can be two types of disagreement over the truth or falsehood of propositions about the law. People can disagree over the question ‘What are the conditions of legal validity?’, in which case their disagreement is a theoretical one. Or they can agree on the conditions of validity, and disagree as to whether or not those conditions actually obtain in a given case or not.” Argues that the best way to interpret Dworkin’s ‘semantic-sting argument’ is as a general argument against conventionalism in legal positivism. Summarizes the outcome of Dworkin’s argument as follows: “[I]f Dworkin is right about the legal reasoning of lawyers and judges, conventionalism would be self-defeating: if lawyers and judges recognize as legally binding not only those norms which are uncontroversially identifiable under the Rule of Recognition, that is, if what they recognize as binding is not only source-based law, then conventionalism turns out to be false on its own terms. In other words, either law is not what lawyers and judges think that it is, in which case law is not a matter of conventions, or – if it is what lawyers and judges think – conventionalism is false, as they do not see the law as purely a matter of conventions.” Dworkin’s theory, then, is a new conception of jurisprudence aiming to present itself as a rival to conventionalism. The book will be concerned with re-examining positivism in light of the interpretative challenge. Chapter 2: Meaning and Interpretation “[R]oughly, interpretation can be defined as an understanding or explanation of the meaning of an object.” Interpretation in this narrow sense is distinct from a less formal and broader use of interpretation that makes it equivalent to explanation. “Hence also, only those objects which are capable of bearing some meaning qualify as objects of interpretation.” [Why shouldn’t we think of interpretation as object-identification? This seems to be closer to what Dworkin has in mind.] Thus, a consideration of the philosophical work on meaning is appropriate. First, a consideration of Davidson on interpretation. The thesis is that Davidson’s “radical interpretation” can only account for sentence meaning and not for linguistic interpretation in general. Davidson cannot account for the non-rule-governed aspects of communication. “Semantics, as opposed to interpretation, concerns those aspects of communication which are rule or convention governed…but such rules are normally unavailable as reasons or justifications for an interpretation. On the contrary, interpretation is usually required because the issue is not determined by rules or conventions.” Interpretation, rather, is parasitic with understanding the meaning of an expression and not equivalent with it. As Dummett notes, any reflection on the meanings of words assumes prior knowledge of ordinary meanings. “This leads to the conclusion that understanding or explaining the meaning of an expression and interpreting it, are two conceptually separate things. It also indicates that seman ics can only be employed, if at all, to elucidate the concept of interpretation by way of contrast: interpretation concerns those aspects of communication which are under-determined by semantic rules or conventions.” Pragmatics, the study of problems posed by discrepancies between utterer’s meaning and sentence meaning, would seem to be closer to inquiry into interpretation. Both are concerned with understanding how meaning is possible where conventional rules leave off. Contemporary pragmatics, moreover, recognizes the logically indeterminate character of communicative inferences beyond conventional meaning and that the contextual conditions that account for the possibility cannot be realized in the semantic structure of the sentence. However, different criteria of success may be at work in pragmatics than interpretation. Pragmatics is concerned with how communication is achieved and thus the criteria of success would be grasping a speaker’s intentions. Many think, however, that communication is unimportant in certain spheres of communication, e.g. artistic interpretation, and that in these cases the aim of interpretation is not to uncover the actual artist’s intentions. What kind of meaning is interpretation aimed at then? It cannot be the meaning the object has for the interpreter. “Interpretation purports to be a statement about the object interpreted, not about the subject who offers the interpretation…it is crucial to remember that not everything we say about a work of art, or any other text, amounts to an interpretation of it. Only those aspects of a text which can shed light on its meaning form part of the text’s interpretation. What the text means for someone rarely entails anything about what the text means.” [This is puzzling to some extent for it remains somewhat ambiguous what it means to talk of subject-independent meaning.] Interpretive meaning attribution is, rather, counterfactual. “In general, I will suggest that the answer to this question consists in the fact that meaning is assigned by a counterfactual statement. Given that x is the meaning attributed to, for instance a text T, and x is not the literal meaning of T, nor is it the meaning of T intended by its author, then the attribution of meaning x to T can only be understood as the contention that on the basis of certain assumptions a certain fictitious or stipulated speaker would have meant x by expressing T.” Thus, on this account, interpretation, when it does not concern an actual speaker, turns out to be a kind of counterfactual intention attribution. Twofold point: “First, that interpretation is essentially a matter of attributing intentions, that is, in the pragmatics sense of ‘meaning’, namely, meaning that such-and-such by an act or expression. At the same time, interpretations need not be based on the intentions of actual authors; the meaning of an act or expression is understandable in terms of counterfactual intentions.” [Are we really restricted to understanding the coherence and integrity of meaning in such a way? Presumably the author is a kind of device for organizing meaning, much like Dworkin’s integrity, but need it take that format?] The logic of interpretation is typically reducible to intention attribution. [What role does the counterfactual author play in structuring meaning?] The criteria of interpretive success will depend upon the object, whether it is the real author or the counterfactual author. If the former, success will depend upon the retrieval of the author’s actual intentions. “Likewise, if the author is characterized in terms of some ideal representative of a certain genre, for instance, the presumptions which are taken to determine this c aracterization would provide the criteria of success for the particular interpretation offered.” [The criteria of success would seem, then, to be the principles, ideals, etc. that we attribute to the counterfactual author. These attributed qualities would be doing all the work – is the attribution of intention to the hypothetical author, then, really necessary at all?] [Does this account presuppose a weird dichotomy between what an object is and what it means? This dichotomy is different, if present at all, in Dworkin.] Chapter 3: Dworkin’s Theory of Interpretation and the Nature of Jurisprudence Three main insights of Dworkin’s theory of interpretation: “First, that interpretation strives to present its object in its best possible light. Second, that interpretation is essentially genre-dependent. And third, that there are certain constraints that determine the limits of possible interpretations of a given object.” Why the best light? Dworkin doesn’t really address this question in depth but claims that otherwise we are left with no way of justifying and choosing an interpretation or we are left with the author’s intention model, which we should reject. [Marmor doesn’t seem clear on what precisely it means to present something in its best light – seems to conflate it with most appealing light which, I take it, is different than what Dworkin has in mind.] “Dworkin is quite right to maintain that without having some views about the values inherent in the genre to which the text is taken to belong, no interpretation can take off the ground. The values we associate with the genre partly, but crucially, determine what would make sense to say about the text, what are the kinds of meaning we could ascribe to it.” There is no necessity for an interpretation to present an object in its best light with regards to the genre it is taken to be part of. Interpretations “could simply strive to present it in a certain light, perhaps better than some, worse than others, but in a way which highlights an aspect of the meaning of the text which may be worth paying attention to for some reason or another.” [What kind of reasons would count in choosing to present it in one light rather than another?] There is simply zero grounds for Dworkin’s assertion that we have no reason to pay attention to an interpretation that does not present it in its best light. Take a psychoanalytic interpretation of Hamlet, for example – not the best light, but a legitimate one. [This seems related to the next criticism – clearly Dworkin would have to loosen his insistence on the best, though not to detriment.] Moreover, especially with regards to art, it doesn’t appear possible to make an all things considered judgment about the best interpretation given the incommensurability of different values that are taken to inhere in a given genre. [Dworkin can respond here that we may have different available interpretations that could be justified with respect to the relevant value. Moreover, a lack of common denominator does not prevent any comparison whatsoever.] Constructive interpretation concerns social practices constituted by norms – it imposes a purpose or value rendering intelligible the normative character of the practice. There is a separate aspect of constructive interpretation that maintains that elements of the practice are sensitive to the point of the practice. It is important to note that different social practices will institutionalize themselves in different ways – thus, different practices will establish varying conditions on how the practice can be altered. The position of the positivists is that evaluative judgments concerning what the law should be are insufficient for determining what the law is given the nature of law’s institutionalization.&nb p; [This would seem to reside on a certain conception of law, i.e. an interpretation about where the value of law lies.] “[T]his being one of the main points of dispute between Dworkin and his positivist opponents, Dworkin cannot at this initial state presume law to be sensitive to its value in the manner that other, non-institutional practices might be, without incurring the charge of having assumed the very point at issue.” The upshot for Dworkin is that any explanation of a social practice such as law requires the same kind of reasoning as participation in that practice. This will be called the hermeneutic thesis. We can try to reconstruct a justification for this view based on the necessity of shared background assumptions – but this will not do since Dworkin’s claim is stronger: it contends that participants’ and theorists’ must “adopt one and the same normative point of view.” [The sense of normative here is unclear. It is true, though, that shared background assumptions do not imply viewing the law as valuable in any particular way, or at least it does not imply this in any strong sense.] Dworkin makes two distinct points with the hermeneutic thesis: “First, that the explanation of a social practice, like law or the arts, is essentially interpretative, and as such, necessarily value laden. Second, that the interpretation of such social practices, which Dworkin calls ‘argumentative’, is unique in the sense that the practice itself is an evaluative enterprise, and that therefore the interpreter of such a practice must form an evaluative judgment of her own about those values which are inherent in the practice that she purports to interpret.” [As stated, the first thesis is terribly ambiguous – for Dworkin, it clear implies a commitment to constructive interpretation. For Marmor, who accepts it, it is totally unclear what commitment he intends to make. He seems to mean simply that we have criteria for success concerning what counts as a successful explanation.] Mamor denies the second thesis. “What Dworkin seems to ignore here is that there is a crucial difference between forming a view about the values which are manifest in a social practice, like law, and actually having evaluative judgments about them.” [The problem, however, it that it is a contentious matter what values are part of the law – a theorist’s account of what values are constitutive of a particular legal system must rely on the kind of arguments which participants rely on. Of course, a theorist might simply note a debate about values and attempt to remain agnostic, but this will fail to be a full theoretical account of what law is!] Dworkin’s thesis seems to depend exclusively on his account of constructive interpretation. [This seems exactly right.] Chapter 4: Coherence, Holism, and Interpretation: The Epistemic Foundation of Dworkin’s Legal Theory Begins with discussion of Rawls’ reflective equilibrium. Sums up dual criticism as follows: “[T]he assumption that intuitions are independently true and the converse one, that their truth depends on fitting a coherent scheme, both seem to yield paradoxical results.” Dworkin, in his article “The Original Position”, claims that Rawls cannot commit himself to ethical realism. “[T]he natural model presupposes some form of ethical realism, while the constructive model does not. One important difficulty arising from an attempt to apply the natural model to Rawls is, that under the natural model, any theory which dopes not account for an intuition, at least for one which is held firmly, cannot be wholly satisfactory, just as scientific theory which does not account for certain observational data it is supposed to cover, would not be satisfactory in a familiar way.” Rawls, rather, is committed to a constructivist view of morality. Moreover, the reason we value coherence epistemically in moral theory is that it itself is a value of political morality – fairness requires consistency and publicity in the application of moral standards. Marmor notes the following problem with such a view: “[I]f coherence is justified, as it is here, with reference to certain moral values, that is, a specific conception of fairness, then we face the following problem: the presupposed values of fairness must themselves be based upon intuitive convictions, in which case the question of their truth cannot be ignored. If they are taken to be true…we are driven back to the perplexities of the natural model.” Discusses, helpfully, the Fish/Dworkin debate. The upshot is that Dworkin’s interpretive model is best off if it commits itself to a Quineian holism. However, this undermines his distinction between internal and external skepticism since holism must deny that moral judgments constitute a closed system. [This analysis seems exactly right.] Endorses Simmonds view that Dworkin’s theory does not meet the requirements of complexity he identifies as necessary to avoid vicious circularity in interpretive judgments of fit and identity. Coherence is doing the work through and through and therefore the interpretive theory of law is circular. [Will require further investigation, though it is unclear how coherence is doing any work in the pre-interpretive stage. At this stage, the judgments, if interpretive, seem to be derived from different sources. In any case, using coherence as a value seems to be highly suspect.] Why doesn’t Dworkin just reject Fish’s assumptions: because of his jurisprudence. “If legal texts can have a meaning that is not entirely dependent on a process of interpretation, then it is at least sometimes the case that the law can simply be understood, and applied, without the mediation of interpretation. And if that is the case, then the argument from interpretation against legal positivism collapses. It is no longer the case that every conclusion about what the law is, depends on evaluative considerations about what it ought to be.” Chapter 5: Semantics, Realism, and Natural Law Assessment of Michael Moore’s legal realism and its implications. [The final criticisms of Moore are not decisive.] Chapter 6: Constructive Identification and Razian Authority A consideration of Dworkin’s denial that the communication model of interpretation is appropriate for legal interpretation. Marmor argues that intentions do play a crucial role in the identification of legal norms in a way that is incompatible with Dworkin’s “coherence thesis”. Marmor takes Dworkin to be committed to the constructive identification thesis: that the identification of something as part of the legal, artistic, etc. genre can be done sufficiently by evaluative considerations. “Here, one must maintain that evaluative considerations are sufficient to determine whether something is a legal norm or a work of art”. [Fit, however, constrains possible evaluative considerations – thus evaluative considerations are not sufficient in themselves.] “Now the crucial point here is this: if you maintain the possibility of constructive identification in art, you must assume that works of art can be identified as such on the basis of certain features they happen to possess, features which contain no reference to any particular intention to create a work of art…unless we take intentions into account, how can we discriminate between the concept of an aesthetic artifact and the con ept of a work of art?” [It is unclear, and I think false, that constructive interpretation of anything requires identifying something irrespective of an artificers intentions. Those intentions may be relevant, dependent upon the genre under which we are trying to classify the object. Nothing, seemingly, about constructive interpretation in general excludes this possibility.] Marmor’s point is that it turns out to be impossible to identify art as art without reference to an artist’s intentions – especially given the state of contemporary art. [It is notable that Marmor’s response to counterexample implicitly depends upon a fully developed theory of aesthetics. His cursory comments on the matter of identifying art seem insufficient to say the least.] The rest of the chapter considers the incompatibility of Raz’s account of authority with constructive interpretation. The incompatibilities mentioned do not move beyond what Raz identifies in his article “Authority, Law and Morality”, but a defense of this notion of authority is defended in several [inconclusive] respects. [Raz and Marmor want to separate identification from content. This is not clearly a defensible separation.] Chapter 7: No Easy Cases? Chapter defends notion that there is a distinction between easy and hard cases in the positivist sense. Takes a Hartian approach and ultimately defends the distinction by associating it Wittgenstein’s conception of rule following. The point is that one need to look the purpose of rule in order to understand what the rule requires. Chapter 8: Legislative Intent and the Authority of Law Examines the following doctrine concerning the role of legislative intent in adjudication: “[F]irst, it would hold that laws, at least in certain cases, are enacted with relatively specific intentions, and that this is a matter of fact which is discernible through an ordinary fact-finding procedure. Second, that in certain cases the presence of such a fact, namely, that the law was enacted with a certain intention, provides judges with a reason to decide the legal dispute in accordance with the relevant legislative intent.” [It is important that for Marmor, interpretive strategies are only appropriate in hard cases. However, we should wonder what grounds positivism can offer for deciding a hard case in any manner which is not the morally best manner according to the judgment of the judge. There are no legal grounds, by definition, in hard cases and so what justificatory strategy would endorse any judicial decision except for the morally best one?] We can ascribe intentions to a legislative body, when this is possible at all, by taking the shared intentions of the majority, rather than some group intention, to be the significant intentions. Moreover, we should expect a good deal of consensus about intentions for otherwise it is hard to explain how legislative bodies are able to produce so much legislation. Discussion of kinds of intentions concludes as follows: “I have distinguished between three main types of intention that are potentially relevant from the legal point of view. Apart from the intentions that are manifest in the language of the law itself, legislators typically have further intentions in enacting a given law, and sometimes they would have certain intentions bearing on its proper application. I have also suggested that some of these further intentions may be essentially non-avowable, in which case they are rendered initially irrelevant. Finally, I have pointed out that considerations of consistency require that the legislator’s application intentions be taken into account only if, and to the extent that, they are in accord with his further intentions.” The manner in which intentionalism is to be justif ed relies on the distinction, Marmor maintains, between expert and mere collective action authority. “The point I wanted to make is strictly conditional: if, and only if, a certain law is justified on the basis of the expertise branch of the normal justification thesis, would it make sense to defer to the legislature’s intentions in the interpretation of the law, that is, to the extent that there is, in fact,; such an intention and it can clarify something that needs clarification.” Insofar as a legislature can be considered an expert on the matter requiring adjudication and interpretation should the body’s intention be taken into account. Chapter 9: Constitutional Interpretation Begins by laying out general necessary features of a constitution. Then Marmor moves on to consider general questions of constitutional legitimacy. First, he considers what grounds might be offered for the legitimacy of a constitution at all. He notes that the central question is what permits a single generation to bind future generations. He then examines four arguments to avoid this problem. The first is based on the moral legitimacy of the constitution; Marmor rejects this solution for the [truly dubious] reason that the constitution would make no practical difference because it would not supply reasons in addition to those provided by morality [but, presumably, the point is that these legally valid rules would be institutionally enshrined]. The second is based on the moral authority of the framers and Marmor rightly rejects this on the basis of the idealization of the framers it requires and less rightly on the basis that there cannot be moral authorities. Third is the “argument from interpretation” which claims that “as long as the particular content of the constitution is determined by its interpretation, and the authoritative interpretation at any time correctly instantiates the values which ought to be upheld in the community, the constitution would be morally legitimate”. The fourth is Raz’s which argues that a constitution is valid so long as its constraints are morally permissible because conventions of this type might aid the continuity of the legal system, i.e. it is important to have a convention of this type and the constitution is a kind of this type. Marmor appears to endorse these two approaches and concludes: “The conditions for the legitimacy of a constitution must comprise the following conditions. First, the values and principles enshrined in it must be morally permissible…Second, when certain choices are made in particular cases, they would be legitimate if they are either morally underdetermined, or else, morally correct…It follows from this that both arguments must assume that at least in those areas in which the constitution would make a moral difference, it can be interpreted to make the difference that it should, that is, according to the true moral principles that should apply to the particular case...the moral legitimacy of constitutions very much dependent on the practices of their interpretation. In other words, a great deal of the burden of moral legitimacy is shifted by these arguments to the application of the constitution, thus assuming that the constitution is legitimate only if the courts are likely to apply the constitution in a morally desirable way.” [This implies that the only significant value constitutions have is in providing a conventional practice where some such practice is required.] Moves on to argue that courts typically rely, and rightly so, on moral considerations when deciding constitutional issues because typically, in cases of the kind that reach the supreme or constitutional court, there is no law on the case. Much of this relies on his earlier discussion about the nature of interpretation in the law – that legal interpretation is always a matter of cha ging the law. (shrink)

V. Hösle’s most important philosophical contribution is in his systematic attempt at grasping the philosophical problems, especially ontological, axiological and ecological ones, as one whole. The author examines several of these problems, especially with regard to the universalistic conception of ethics and the relationship between nature and spirit as manifested in the particular spheres of Hösles’s philosophical concern: his conception of the ecological crisis as a metaphysical one, the meaning of natural law, the question of collective indentities etc. In conclusion (...) the author outlines his vision of an ethics for the 21st century including its political dimension. (shrink)

As the title of the article suggests, “The Burqa Ban”: Legal Precursors for Denmark, American Experiences and Experiments, and Philosophical and Critical Examinations, the authors embark on a factually investigative as well as a reflective response. More precisely, they use The 2018 Danish “Burqa Ban”: Joining a European Trend and Sending a National Message (published as a concurrent but separate article in this issue of INTERNATIONAL STUDIES JOURNAL) as a platform for further analysis and discussion of different perspectives. These include (...) case-law at the international level while focusing attention on recent rulings and judicial reasoning by the ECtHR and the ECJ; critical thought-experiments in religion, morality, human rights, and the democratic public space; a contextualized account of burqa-wearing interventions by federal and state governments and, moreover, various courts in the United States; and philosophical commentary and, in some instances, criticism of the Danish and/or European (French, etc.) approach. The different contributions have different aims. The section on case-law at the international level reports on those central judgments that, in effect, helped to pave the path for the Kingdom of Denmark’s burqa ban. Concerning the concurring judges at the ECtHR, the opinions served to uphold a preexisting ban and to grant a wide margin of appreciation to the national authorities, thereby limiting the Court’s own review. -/- As regards to the ECJ, the legality of company rules that contain a policy of neutrality for the workplace was examined, with a similar outcome. The authors who discuss religion, morality, human rights and the democratic public space are endeavoring to, respectively, appeal to ethics as a testing stone for law and to both challenge and address several forms of “expressivist worry” in connection with face veils. In doing so, the authors ask a number of thought-provoking questions that hopefully will inspire public policymakers to careful analysis. While the section that is devoted to American perspectives highlights a comprehensive survey of political and legal responses to, in particular, full-face veils like the burqa, the relevant author also incorporates public perceptions and, in the course of examining these, draws a parallel to “the fate” of the hoodie. The constitutionality of burqa-wearing in America, so it also appears, is partially an open question, but differentiating between religious, political, or personal reasons is a de jure premise. Given that the Danish legislators who drafted law L 219 to ban burqa-wearing in public places rely on a reference to political Islam, they relegate religious and personal reasons to the private domain, thereby also adopting secularism as a premise. This is explored in the last author response of the article, more precisely, in an account of the underlying materialism that, in turn, is applied to Muslim women. If policymakers and legislators engaged in Thinking Things Through exercises, they could, as a minimum, avoid law-making strategies that are not in the spirit of the theory they themselves invoke, albeit tacitly. While the aim of, as it were, arresting culturally self-contradicting legislators is unique for the section in question, all the authors who contribute to the joint research project have one end-goal in common, namely to inform about important perspectives while at the same time opening up for parameters for (more) fruitful, constructive and (if need be) critical debate in the future. With this in mind, four recommendations are presented by the research director for the project. Legally, politically, socially and culturally, conflict-resolution should not translate the relationship between rulers and the ruled into a separation ideology, an instance of controllers versus the controlled. All things being equal, that is the objective limit for a democratic society. (shrink)

This paper examines the problem of nationalism in Nigeria construed as the search for a basis on which the members of the society can claim a sense of belonging, identity and common purpose. There is a problem of the national question here because ethnicity, corruption, disobedience to law and order, disdain for the rule of law and accountability and the disregard for the value of human life have undermined the social order and eventually created an army of the vulnerable and (...) marginal peoples that can be manipulated for parochial ends. The apparent underperformance of the various instruments of the state such as the police, national assembly, appointed ministers, law courts, prisons, etc, due to inefficiency, injustice, under-funding, politicization and social dissatisfaction have threatened the unity of Nigeria and highlighted deficits in the social order that have made Nigeria to appear as a contested construct or category. Given the above we seek a philosophical approach to building a social system or social philosophy of national integration. (shrink)

This article examines the social development of Hong Kong's cultural and national identity since its return from the UK to the People's Republic of China nearly six years ago, focusing on the extent to which Hong Kong students are now inculcated in traditional Chinese music and express their devotion to the PRC through singing the national anthem. Hong Kong music teachers experience conflicts concerning their roles as music teachers and as purveyors of values education. These observations raise fundamental questions concerning (...) the sociopolitical function of values education in the music classroom. (shrink)

Revisiting Dawkin’s proposal of memes – a piece of thought copied from person to person – raises the question: can narrative, and by extension narratology, be utilized to explore the ‘infecting’, or transferring agent of cultural ideas, identity and the creation of self? Intriguingly, and perhaps even more relevant to the role of emergent models and the shifting divide between engineered and organic constructions, what role does media play in the fabrication of self? This article proposes to examine various attempts (...) to define modes of being using the formative and delimiting lens of narrative. It will investigate the role of media as the carrier agent for memetic modes of being, and their application in creating and sustaining cultural individuation. Jung’s declarative of the collective unconscious and archetypes, as well as Hofstadter’s loops, a common, but neglected field of enquiry that interrogates how memetic transference begins with the stories we tell, will inform the exploration of narrative as a means to define, delineate and bound the self. (shrink)

Skeptical theism is a popular - if not universally theistically endorsed - response to the evidential problem of evil. Skeptical theists question how we can be in a position to know God lacks God-justifying reason to allow the evils we observe. In this paper I examine a criticism of skeptical theism: that the skeptical theists skepticism re divine reasons entails that, similarly, we cannot know God lacks God-justifying reason to deceive us about the external world and the past. This in (...) turn seems to supply us with a defeater for all our beliefs regarding the external world and past? Critics argue that either the skeptical theist abandon their skeptical theism, thereby resurrecting the evidential argument from evil, or else they must embrace seemingly absurd skeptical consequences, including skepticism about the external world and past. I look at various skeptical theist responses to this critique and find them all wanting. (shrink)

This paper examines a legal case arising from a workplace grievance that progressed to being heard at the UK’s Supreme Court. The case of Doogan and Wood versus Greater Glasgow and Clyde Health Board concerned two senior midwives in Scotland, both practicing Roman Catholics, who exercised their perceived rights in accordance with section 4 of the Abortion Act not to participate in the treatment of women undergoing abortions. The key question raised by this case was: “Is Greater Glasgow and Clyde (...) Health Board entitled to require the midwives to delegate, supervise and support staff in the treatment of patients undergoing termination of pregnancy?” The ethical issues concerning conscientious objection to abortion have been much debated although the academic literature is mainly concerned with the position of medical practitioners rather than what the World Health Organization terms “mid-level professionals” such as midwives. This paper examines the arguments put forward by the midwives to justify their refusal to carry out tasks they felt contravened their legal right to make a conscientious objection. We then consider professional codes, UK legislation and church legislation. While the former are given strong weighting the latter was been ignored in this case, although cases in other European countries have been prevented from escalating to such a high level by the intervention of prominent church figures. The paper concludes by stating that the question put to the courts remains as yet unanswered but offers some recommendations for future policy making and research. (shrink)

This authoritative and wide-ranging book, first published in 2003, examines the history of western linguistics over a 2000-year timespan, from its origins in ancient Greece up to the crucial moment of change in the Renaissance that laid the foundations of modern linguistics. Some of today's burning questions about language date back a long way: in 1400 BC Plato was asking how words relate to reality. Other questions go back just a few generations, such as our interest in the mechanisms of (...) language change, or in the social factors that shape the way we speak. Vivien Law explores how ideas about language over the centuries have changed to reflect changing modes of thinking. A survey chapter brings the coverage of the book up to the present day. Classified bibliographies and chapters on research resources and the qualities the historian of linguistics needs to develop, provide the reader with the tools to go further. (shrink)

This essay examines the theology of the nineteenth century Danish theologian and churchman Hans Lassen Martensen, focusing on the disputed question of the kenotic character of Martensen's Christology. A survey of the scholarship on this question is followed by discussions of Martensen's doctrine of God and his Christology, giving particular attention to his controversial notion of the double life of the Logos, i. e. the view that the Logos continued to enjoy an unlimited divine existence in the sphere of eternity (...) while simultaneously living a limited, earthly human existence for the duration of the incarnation. The essay concludes by arguing that Martensen has developed a form of Nestorianism and that his Christology can best be classified as ‘Nestorian kenoticism,’ i. e. an eccentric and problematic form of Christology which affirms the abandonment by the logos ensarkos of the divine attributes during the incarnation, while at the same time insisting that the logos asarkos remains unaffected and in full possession of his powers. (shrink)

This paper examines a legal case arising from a workplace grievance that progressed to being heard at the UK’s Supreme Court. The case of Doogan and Wood versus Greater Glasgow and Clyde Health Board concerned two senior midwives in Scotland, both practicing Roman Catholics, who exercised their perceived rights in accordance with section 4 of the Abortion Act not to participate in the treatment of women undergoing abortions. The key question raised by this case was: “Is Greater Glasgow and Clyde (...) Health Board entitled to require the midwives to delegate, supervise and support staff in the treatment of patients undergoing termination of pregnancy?” The ethical issues concerning conscientious objection to abortion have been much debated although the academic literature is mainly concerned with the position of medical practitioners rather than what the World Health Organization terms “mid-level professionals” such as midwives. This paper examines the arguments put forward by the midwives to justify their refusal to carry out tasks they felt contravened their legal right to make a conscientious objection. We then consider professional codes, UK legislation and church legislation. While the former are given strong weighting the latter was been ignored in this case, although cases in other European countries have been prevented from escalating to such a high level by the intervention of prominent church figures. The paper concludes by stating that the question put to the courts remains as yet unanswered but offers some recommendations for future policy making and research. (shrink)

This article examines the emergence of casuistical case analysis as a methodological alternative to more theory-driven approaches in bioethics research and education. Focusing on The Abuse of Casuistry by A. Jonsen and S. Toulmin, the article articulates the most characteristic features of this modernday casuistry (e.g., the priority allotted to case interpretation and analogical reasoning over abstract theory, the resemblance of casuistry to common law traditions, the ‘open texture’ of its principles, etc.) and discusses some problems with casuistry as an (...) ‘anti-theoretical’ method. It is argued that casuistry so defined is ‘theory modest’ rather than ‘theory free’ and that ethical theory can still play a significant role in casuistical analysis; that casuistical analyses will encounter conflicting ‘deep’ interpretations of our social practices and institutions, and are therefore unlikely sources of increased social consensus on controversial bioethical questions; that its conventionalism raises questions about casuistry's ability to criticize norms embedded in the societal consensus; and that casuistry's emphasis upon analogical reasoning may tend to reinforce the individualistic nature of much bioethical writing. It is concluded that, notwithstanding these problems, casuistry represents a promising alternative to the regnant model of ‘applied ethics’ (i.e., to the ritualistic invocation of the so-called ‘principles of bioethics’). The pedagogical implications of casuistry are addressed throughout the paper and include the following recommendations: (1) use real cases, (2) make them long, richly detailed and comprehensive, (3) present complex sequences of cases, (4) stress the problem of ‘moral diagnosis’, and (5) be ever mindful of the limits of casuistical analysis. Keywords: casuistry, interpretation, methodology, pedagogy CiteULike Connotea Del.icio.us What's this? (shrink)

Informal science learning sites create opportunities for children to learn about science outside of the classroom. This study analyzed children’s learning behaviors in ISLS using video recordings of family visits to a zoo, children’s museum, or aquarium. Furthermore, parent behaviors, features of the exhibits and the presence of an educator were also examined in relation to children’s behaviors. Participants included 63 children and 44 parents in 31 family groups. Results showed that parents’ science questions and explanations were positively related to (...) children observing the exhibit. Parents’ science explanations were also negatively related to children’s science explanations. Furthermore, children were more likely to provide science explanations when the exhibit was not interactive. Lastly there were no differences in children’s behaviors based on whether an educator was present at the exhibit. This study provides further evidence that children’s interactions with others and their environment are important for children’s learning behaviors. (shrink)

This book will examine paradoxes in diverse areas of thought: philosophy, mathematics, physics, economics, political science, psychology, computer science, logic, statistics, linguistics, law, etc. Though the treatment of each paradox is rigorous, the book will be written accessibly with a lighthearted and humorous tone so as to keep the reader engaged. Each chapter will focus on a single paradox, structured roughly like so: 1. A question is asked in the context of a story. As an answer, the paradox is presented (...) (which often results in an aha moment). The historical background of the paradox is recounted. 2. The dénouement explains how the paradox is resolved or why there is no resolution. 3. The chapter ends with further remarks, usually contemporary real-world examples or applications of said paradox. Some examples of the paradoxes covered are the Axiom of Choice (Mathematics), Monty Hall Problem (Statistics), Morgenbesser's Paradox (Linguistics), Tea Leaves Paradox (Physics), The Ultimatum Game (Economics), and The Chicken or Egg Question (Evolution). (shrink)

This article examines the nonhistoricist higher-order compatibilist theory of moral responsibility devised and defended by Harry G. Frankfurt. Intuitions about certain kinds of cases of moral responsibility cast significant doubt on the wide irrelevancy clause of the nonhistoricist feature of Frankfurt’s theory. It will be argued that, while the questions of the nature and ascription of moral responsibility must be separated in doing moral responsibility theory, the questions of whether or not and the extent to which an agent is morally (...) responsible for performing certain kinds of actions cannot be settled without also answering the question of the history of that agent’s attitudes, preferences, etc. which may have contributed to the agent’s performing such actions. Thus Frankfurt’s repeated claim that the history of an agent’s action is “irrelevant” to the question of that agent’s moral responsibility for it is rendered dubious, thereby rendering problematic the strongly nonhistoricist component of his theory. The methodological difference between my challenge to Frankfurt’s nonhistoricism and those of others is that, while others have challenged Frankfurt’s nonhistoriciams by way of thought experiments involving hyper-manipulation, mine presents a set of counter-examples to his nonhistoricism which emanate from morality and the law. Indeed, if my counter-example is plausible, then Frankfurt’s nonhistoricism cannot make good sense of some standard instances of racism. Furthermore, while many believe that racist hate crimes ought to be punished more heavily than crimes committed absent hate, the argument herein provides reasons for mitigating, rather than increasing, the responsibility and punishments of many such crimes. What matters in such cases is the extent to which the hatred accompanying said crimes has a history in the agent’s life, one which makes it significantly difficult for her to do other than what she did in committing the racist crime. (shrink)

One of the most widely studied texts of ancient philosophy and politics, Plato's Laws is his last and most substantial dialogue, debating crucial questions on the subject of law-giving and education. This two-volume edition of 1921 was prepared by the classicist Edwin Bourdieu England, who describes the dialogue as 'the treasury of pregnant truths which Plato in extreme old age left … as his last legacy to humanity'. Generally held to have been written after Plato's failed attempt to influence Syracusan (...) politics, it concerns the just city and its constitution, including discussions of divine revelation, the role of intelligence in the creation of laws, and natural law itself. This edition comprises a short introduction, England's helpful analyses, the Greek text of the dialogue, and extensive notes. Volume 1 is devoted to Books 1–6. (shrink)

One of the most widely studied texts of ancient philosophy and politics, Plato's Laws is his last and most substantial dialogue, debating crucial questions on the subject of law-giving and education. This two-volume edition of 1921 was prepared by the classicist Edwin Bourdieu England, who describes the dialogue as 'the treasury of pregnant truths which Plato in extreme old age left … as his last legacy to humanity'. Generally held to have been written after Plato's failed attempt to influence Syracusan (...) politics, it concerns the just city and its constitution, including discussions of divine revelation, the role of intelligence in the creation of laws, and natural law itself. This edition comprises a short introduction, England's helpful analyses, the Greek text of the dialogue, and extensive notes. Volume 1 is devoted to Books 1–6. (shrink)

One of the most widely studied texts of ancient philosophy and politics, Plato's Laws is his last and most substantial dialogue, debating crucial questions on the subject of law-giving and education. This two-volume edition of 1921 was prepared by the classicist Edwin Bourdieu England, who describes the dialogue as 'the treasury of pregnant truths which Plato in extreme old age left … as his last legacy to humanity'. Generally held to have been written after Plato's failed attempt to influence Syracusan (...) politics, it concerns the just city and its constitution, including discussions of divine revelation, the role of intelligence in the creation of laws, and natural law itself. This edition comprises a short introduction, England's helpful analyses, the Greek text of the dialogue, and extensive notes. Volume 1 contains Books 1–6. Volume 2 contains Books 7–12. It also includes indexes of subjects and Greek words. (shrink)

One of the most widely studied texts of ancient philosophy and politics, Plato's Laws is his last and most substantial dialogue, debating crucial questions on the subject of law-giving and education. This two-volume edition of 1921 was prepared by the classicist Edwin Bourdieu England, who describes the dialogue as 'the treasury of pregnant truths which Plato in extreme old age left … as his last legacy to humanity'. Generally held to have been written after Plato's failed attempt to influence Syracusan (...) politics, it concerns the just city and its constitution, including discussions of divine revelation, the role of intelligence in the creation of laws, and natural law itself. This edition comprises a short introduction, England's helpful analyses, the Greek text of the dialogue, and extensive notes. Volume 2 is devoted to Books 7–12. It also includes indexes of subjects and Greek words. (shrink)

This Australian text provides students with accessible coverage of the central areas of the jurisprudence course. It examines: asking the law question; common law theory; positivism and natural law; legal service; critical legal studies; feminism; post-modernism; and deconstruction.

People who are not Muslims but live under the rule of the Islamic state under certain conditions are called "non-Muslim". With the Prophet’s migration to Madinah, he encountered a non-Muslim community and clearly demonstrated his stance on them with the "Madinah Convention". As a result of the intense conquest movements that started with the Companions period, non-Muslim people became the citizen of the Islamic state. Legal arrangements have been made regarding these, and their status before the state and within the (...) society has been determined. These people, who were not forced to accept the Islamic faith, were also given the freedom of belief and worship. However, by limiting the framework of this freedom to the interests of the Islamic state and Muslim society, social security and peace were ensured, and the basic parameters of coexistence were tried to be established. Islamic states have evaluated the non-Muslim temples in the places taken by peace and the places taken as a result of war. While obtaining the consent of the non-Muslim people for the demolition of the temples or the conversion of them into mosques in the places taken by peace; In the dispositions on the temples located in the places taken by the war, they were treated more freely. In principle, the principle of not touching or repairing the temples of non-Muslims built before the conquest was preserved in almost all periods, and the construction of new temples was not viewed positively. Yes, as a requirement of religion, non-Muslims were freed in their beliefs and were not forced to become Muslims, taking into account the freedom of religion and conscience. However, in order for the Muslim community to preserve its religion, non-Muslims are not allowed to live their religion, culture and traditions in front of the public; Restrictions have also been imposed on their temples. In this context, a series of measures were taken, such as the demolition of some churches and the reduction of the number of existing temples. Despite this, it was also allowed to build new temples in case of necessity. In this case, the magnificent construction of the temples was not allowed, and they were required to comply with some criteria in architecture. In this study, starting from the time of the Prophet, an answer will be sought to the question of whether the policies carried out by the Islamic states towards the places of worship of non-Muslims are religious or political, with some examples of practice from different periods of the history of Islamic law. In this context, the status of the temples belonging to these people, who are defined as "dhimmis" in the Islamic state, rather than their general legal status, forms the basis of our study. Our study has been limited to Christian and Jewish temples. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:72. HAS HUME A THEORY OF SOCIAL JUSTICE? Toward the end of An Enquiry concerning the Principles of Morals, Hume asserts in a footnote that: In short, we must ever distinguish between the necessity of a separation and constancy in men's possession, and the rules, which assign particular objects to particular persons. The first necessity is obvious, strong, and invincible : the latter may depend on a public utility (...) more light and frivolous, on the sentiment of private humanity and aversion to private hardship, on positive laws, on precedents, analogies, and very fine connexions and. turns of the imagination. For one who draws the connection between the ideas of justice and possession as closely as he does, Hume's ambivalence here concerning the rules or principles governing the distribution of objects to be possessed is more than slightly surprising. In fact, for admirers of Hume interested in theories of social (or distributive) justice, his failure to state a preference among these various 'principles of distribution' is downright depressing. Is this all Hume has to say on the subject of how possessions are to be distributed within society? Does it not matter to him what the principles are upon which this distribution is accomplished — as long as it is accomplished? These are the questions with which this essay is concerned, questions which essentially reduce to that of whether Hume has a theoiy of social or distributive justice at all. To be sure;, the amount of space Hume devotes to the discussion of justice would seem to indicate that he is working from a particular theory of social justice, and authors such as Miller, Day, and Ardal ascribe one to him, yet Hume's apparent lack of concern for principles of distribution disputes this ascript- 73. 2 ion. For at the center of all such theories — from Aristotle to Rawls — lies a preference for a certain principle or set of principles which dictates how advantages (goods, wealth, benefits, etc.) should be distributed. In order to evaluate Hume's status as a theorist of social justice, two approaches recommend themselves. First, it is necessary to discover and examine in Hume's major works possible criteria which might dictate how possessions should be distributed in society. Three such criteria will be dealt with here: the principle of utility as Hume construes it, the formal principle of correct application of law, and the principles Hume entitles the laws of nature". If none of these emerge, singly or in combination, as the principle underlying a Humean theory of social justice, a second avenue for analyzing Hume's views of social justice will be explored. Here some of the critical psychological and moral characteristics which Hume attributes to human nature will be examined to determine whether Hume, though he seems to accept no specific principle of distribution, might arrive at a coherent theory of justice in a negative fashion; that is, through rejecting certain criteria of distribution, particularly merit and need. II. The half-heartedness of Hume's commitment to the principle of utility as either a standard of personal morality, a measure of the justness of particular actions, or as 4 an explanatory principle has been frequently documented, and, although the main purpose of this essay is to examine Hume's theory of social rather than personal justice, a few comments on the latter will form a useful preface for the subsequent argument that Hume is equally as luke-warm toward utilitarianism as an adequate basis of social justice. Three considerations indicate Hume's non-utilitarian approach to personal morality. First, unlike all advocates of utilitarianism, Hume is not a consequentialist on matters 74. of personal ethics. That is to say, when Hume speaks of what makes persons or their actions virtuous, he insists that the major criterion for such an evaluation is the motive upon which the agent acts. In the Treatise he states that a virtuous motive is requisite to render an action virtuous ; (T478), and maintains this view in the Enquiry as well. Hume therefore violates the consequentialist stance implicit in the utilitarian construal of personal morality, but just as seriously, is also left rather cold by the later utilitarian contention of Mill... (shrink)

There is no prepared script for social and cultural life. People work it out as they go along. Creativity and Cultural Improvisation casts fresh, anthropological eyes on the cultural sites of creativity that form part of our social matrix. The book explores the ways creative agency is attributed in the graphic and performing arts and in intellectual property law. It shows how the sources of creativity are embedded in social, political and religious institutions, examines the relation between creativity and the (...) perception and passage of time, and reviews the creativity and improvisational quality of anthropological scholarship itself. Individual essays examine how the concept of creativity has changed in the history of modern social theory, and question its applicability as a term of cross-cultural analysis. The contributors highlight the collaborative and political dimensions of creativity and thus challenge the idea that creativity arises only from individual talent and expression. (shrink)

[Translated by Google] The article touches upon one of the most important problems of criminal - procedural law. It examines the procedural position of the defense in the criminal - procedural production in terms of its role and importance. In the above legal literature expressed views on this issue. Based on the analysis of opinion identified three positions: 1.zaschitnik - representative of the accused; 2.zaschitnik - an independent participant in the process and at the same time representative of the accused; (...) 3.zaschitnik - assistant justice. Expressed about the legal status of the defense of equal rights representative of the accused as an independent subject of Procedure, the defender is why procedural independent entity and to what extent is defined by its independence, in which case the defender is representative of the accused and whether the defender of justice and the assistant. etc. On the basis of comparative analysis examined opinions on the issues of the theory of procedural law in Russia, Poland and Germany. Analyzed the mismatch position and the defense of the accused in relation to the fact of the crime, the ratio of public and private interests, and other questions, suggestions, and opinions. The work refers one of the important problem of the trial theory. A judicial procedure of protector is scrutinized from the standpoint of protector's role in the trial. Opinions expressed about this matter, in Law Literature, are given in this work. It follows that there are three positions: 1. Protector as a representative of the accused; 2. Protector as an independent part of a court trial and simultaneously representative of the accused; 3. Protector as an assistant of court. There are also given opinions about a judicial status of protector, why is it an independent element and etc. The conceptions existed in Russian, German, Polish trial theory about the above-named matter are discussed too. It is analyzed a relationship between the accused and protector, an incompatibility of positions about the fact, correlation of private and common interests and other issues. (shrink)

Two major regulatory changes are affecting the provision of undergraduate legal education in England and Wales. On the one hand, the Qualifying Law Degree is being deregulated, meaning law schools are free to make significant changes to how and what they teach. On the other hand, higher education in England has seen a significant overhaul through the creation of the Office for Students, which treats students as consumers. Now more than ever, law schools need to ask themselves existential questions which (...) will not only test their continued relevance or indeed viability within the ‘market’ for higher education, but also the status of the discipline of law as a whole. The regulatory landscape may indeed present a significant threat, but it is also an opportunity to reflect on what law schools are for, and consequently what changes could result from the academic freedom that comes with deregulation. Whilst different law schools will interpret their mission differently, they should caution against either generalised inertia or succumbing to an outcomes-oriented provision that simply prepares students for the new Solicitors Qualifying Examination. Instead, law schools will find their proper purpose in critical reflection and academic self-grounding, providing undergraduate students with a ‘question everything’ mentality, and showing them that law is something to be experienced and not merely learnt. (shrink)

Recent discussions in the philosophy of science have devoted considerable attention to the analysis of conceptual issues relating to the methodology of explanation and prediction in the sciences. Part of this literature has been devoted to clarifying the very ideas of explanation and prediction. But the discussion has also ranged over various related topics, including the status of laws to be used for explanatory and predictive purposes, the logical interrelationships between explanatory and predictive reasonings, the differences in the strategy of (...) explanatory argumentation in different branches of science, the nature and possibility of teleological explanation, etc. The aim of the present article is to examine the issues involved in such questions from the specialized perspective afforded by one particular kind of physical systems--namely, systems, here to be characterized as discrete state systems, whose behavior has been studied extensively in the scientific literature under the general heading of Markov chains. These systems have been chosen as our focus because their behavior over time can be analyzed at once with great ease and with extraordinary precision. (shrink)

The question of whether new rules or regulations are required to govern, restrict, or even prohibit the use of autonomous weapon systems has been the subject of debate for the better part of a decade. Despite the claims of advocacy groups, the way ahead remains unclear since the international community has yet to agree on a specific definition of Lethal Autonomous Weapon Systems and the great powers have largely refused to support an effective ban. In this vacuum, the public has (...) been presented with a heavily one-sided view of Killer Robots. This interdisciplinary volume presents a more nuanced approach to autonomous weapon systems that recognizes the need to progress beyond a discourse framed by the Terminator and HAL 9000. Re-shaping the discussion around this emerging military innovation requires a new line of thought and a willingness to challenge the orthodoxy. Lethal Autonomous Weapons focuses on exploring the moral and legal issues associated with the design, development and deployment of lethal autonomous weapons. The volume brings together some of the most prominent academics and academic-practitioners in the lethal autonomous weapons space and seeks to return some balance to the debate. As part of this effort, it recognizes that society needs to invest in hard conversations that tackle the ethics, morality, and law of these new digital technologies and understand the human role in their creation and operation. (shrink)

Any study of the 'Scientific Revolution' and particularly Descartes' role in the debates surrounding the conception of nature (atoms and the void v. plenum theory, the role of mathematics and experiment in natural knowledge, the status and derivation of the laws of nature, the eternality and necessity of eternal truths, etc.) should be placed in the philosophical, scientific, theological, and sociological context of its time. Seventeenth-century debates concerning the nature of the eternal truths such as '2 + 2 = 4' (...) or the law of inertia turn on the question of whether these truths were created along with nature, or were uncreated and subsisting in God's mind. One's answer to that question has direct consequences for conceptions of the necessity/contingency of mathematical and natural knowledge, how knowledge of such truths is accomplished by humans, and what grounds these truths. In this paper, I review the positions of four successors to Descartes' philosophy on the question of the eternal truths to illustrate how in specific ways that question with its theological, metaphysical, modal, and epistemological dimensions concerned the objectivity and certainty of the discoveries of the new science. Author Recommends: Clarke, Desmond. Descartes' Philosophy of Science . University Park, Penn State Press, 1982. This work provides an account of Descartes as a practicing scientist whose rationalism is mitigated by reliance on experiment and experience. Author re-examines Descartes' philosophical and scientific works in this new light. Dear, Peter. Revolutionizing the Sciences: European Knowledge and its Ambitions, 1500–1700 . Princeton, Princeton University Press, 2001. This work provides a useful overview of the issues and thinkers of the Scientific Revolution. Of particular relevance is chapter 8 on Cartesian and Newtonian science. Funkenstein, Amos. Theology and the Scientific Imagination from the Middle Ages to the Seventeenth Century . Princeton, Princeton University Press, 1986. This work is an advanced study of the theological and metaphysical foundations of early modern science. Discussions include questions of God's nature, God's knowledge in relation to human knowledge, providence, the laws of nature, and the truths of mathematics. In particular, chapter 3 discusses Descartes' account of the eternal truths and divine omnipotence. Garber, Daniel. Descartes' Metaphysical Physics . Chicago, University of Chicago Press, 1992. This work examines how Descartes' metaphysical doctrines of God, soul, and body set the groundwork for his physics. It includes a study of God and the grounds for the laws of physics (chapter 9). Henry, John. The Scientific Revolution and the Origins of Modern Science . 3rd ed. New York, Palgrave, Macmillan Press, 2008. This work provides a brief, general, and informative overview of the Scientific Revolution, including the themes of method, magic, religion, and culture. Osler, Margaret J. Divine Will and the Mechanical Philosophy: Gassendi and Descartes on Contingency and Necessity in the Created World . Cambridge, Cambridge University Press, 1994. This work is an examination and comparison of the mechanical philosophies of Gassendi and Descartes. It offers in-depth discussion of the issue of voluntarism and intellectualism in the period and how that related to conceptions of laws of nature and the eternal truths. Shapin, Steven. The Scientific Revolution . Chicago, University of Chicago Press, 1996. This work provides a critical synthesis of as well as a guide to recent scholarship in the history of science for a general readership. Online Materials Dr. Robert A. Hatch's Scientific Revolution Website: http://web.clas.ufl.edu/users/rhatch/pages/03-Sci-Rev/SCI-REV-Home/ A compendium of resources for the study of Scientific Revolution. Early English Books Online: http://eebo.chadwyck.com/home Early English Books Online (EEBO) contains digital facsimile page images of virtually every work printed in England, Ireland, Scotland, Wales and British North America and works in English printed elsewhere from 1473 to 1700. Early Modern Resources: http://www.earlymodernweb.org.uk/emr/ Early Modern Resources is a gateway for all those interested in finding electronic resources relating to the early modern period in history. Gallica, the Digital Library of the Bibliothèque Nationale de France: http://gallica.bnf.fr/ An ever-growing digital library which includes numerous primary and secondary texts of relevance to Descartes and his role in Scientific Revolution. Hatfield, Gary, 'René Descartes', The Stanford Encyclopedia of Philosophy. Spring 2009 ed. Ed. Edward N. Zalta; URL: http://plato.stanford.edu/archives/spr2009/entries/descartes/ Slowik, Edward, 'Descartes' Physics', The Stanford Encyclopedia of Philosophy. Winter 2008 ed. Ed. Edward N. Zalta; URL: http://plato.stanford.edu/archives/win2008/entries/descartes-physics/ Syllabus Sample Syllabus: Cartesian Science The following is five weeks covering Cartesian Science in a course on Descartes or the Scientific Revolution, or 17th-century theories of matter, or related themes on early modern truth and method, especially on the continent. This material is best suited to a graduate level audience, but it could be modified to suit an upper-division undergraduate course, as the readings are basically primary texts whose context and background can be explained in lectures. Week 1: Cartesian Revolution in France • Scientific method • Role of mathematics and experiment • Certainty of scientific knowledge Readings: Hatfield, Gary, 'René Descartes', The Stanford Encyclopedia of Philosophy. Spring 2009 ed. Ed. Edward N. Zalta; URL: http://plato.stanford.edu/archives/spr2009/entries/descartes/ Descartes, Discourse on Method , Parts 1–3 Descartes, Meditations on First Philosophy , First Meditation. Week 2: Descartes' Scientific Treatises • Mechanization and mathematization of nature • Primary–secondary quality distinction Readings: Discourse on Method, Parts 4–6 Selections from Descartes' Scientific Essays: The World or Treatise on Light (ATXI 3–48); Treatise on Man (ATXI 119–202); Optics (ATVI 82–147). Slowik, Edward, 'Descartes' Physics', The Stanford Encyclopedia of Philosophy. Winter 2008 ed. Ed. Edward N. Zalta; URL: http://plato.stanford.edu/archives/win2008/entries/descartes-physics/ Henry, John, 'The Mechanical Philosophy,' chapter 5. The Scientific Revolution and the Origins of Modern Science . 3rd ed. Macmillan, 2008. Week 3: Descartes' Theory of Nature • Descartes' derivation of the law of conservation and the three laws of motion • God's role in the metaphysics and physics of nature Readings: Selections from Principles of Philosophy, Preface (all); Letter to Elizabeth; Part I: 1–8; Part II: 1–45, 55, 64; Part III: 1–4, 15–19, 45–47; Part IV: 187–207. John Henry, 'Religion and Science,' chapter 6. The Scientific Revolution and the Origins of Modern Science . 3rd ed. Macmillan, 2008. Week 4: Post-1650 Cartesian Science: Necessity and Contingency in Nature • Debates on God, Creation, and Causes Readings: Easton, Patricia, 'What is at Stake in the Cartesian Debates on the Eternal Truths?' Philosophy Compass 4.2 (2009): 348–62. Malebranche, Nicolas, 'Elucidation 10', from The Search after Truth (1674). Note: All selections available in Nicolas Malebranche (1992). Philosophical Selections , edited by S. Nadler, Hackett. Gottfried Leibniz (1714) Monadology . Week 5: Causes in Nature and Morals • Theodicy as an explanation of defect and evil in a lawful universe: Malebranche v. Leibniz Readings: Nicolas Malebranche, Elucidation XVI (on occasionalism), and Treatise on Nature and Grace, Discourse One, Part 1. Gottfried Leibniz (1706), Theodicy. Focus Questions Weekly questions can be used to focus the readings. This can be done in a web or e-mail discussion thread, as a weekly assignment, or for in class discussion. I require students to post a short paragraph in response to the question or some posting by a classmate on the question. Students are required to post by 10 a.m. the day before we meet for class on a course website. Week 1: According to Descartes, what role does skepticism play in scientific reasoning? Week 2: Comment on the following: 'But I am supposing this machine to be made by the hands of God, and so I think you may reasonably think it capable of a greater variety of movements than I could possibly imagine in it, and of exhibiting more artistry than I could possibly ascribe to it' [ Treatise on Man ; ATXI 120]. Week 3: What is Descartes' conception of the relation between the metaphysics and physics of nature? Week 4: Critically discuss the positions of Descartes, Malebranche, and Leibniz on what provides the foundation for the certitude of natural knowledge? Week 5: Explain why both Malebranche and Leibniz consider moral sin to be analogous to natural defect? Seminar/Project Idea Hold a debate on the question of the status of the eternal truths. The proposition will be Descartes' position: 'Eternal truths must be both created and necessary if certainty in science is to be possible'. Format: 1. At the beginning of the 5-week module, students will be assigned to one of three roles: Team A, Team B, and judge's panel. Students will be given the debate proposition, but will not be told which team will take the affirmative and which team the negative until the time of the debate. 2. Recommend a variation on the Classic Debate Format to encourage the development of argument: sequence begins with affirmative construction (8 minutes), negative construction (8 minutes), second affirmative construction (8 minutes), second negative construction (8 minutes), first negative rebuttal (4 minutes), first affirmative rebuttal (4 minutes), final negative rebuttal (4 minutes) and final affirmative rebuttal (4 minutes). 3. Judges Panel: will consist of 3–4 judges who will assess the performance of Teams A and B. Judgment should be based on the persuasiveness of the team position. 4. Debate will be held at the end of the fifth week, or semester, whichever makes most sense given the course length and structure. Acknowledgements The author gratefully acknowledges the immensely helpful comments and suggestions by the participants in her graduate seminar on the Scientific Revolution: Benjamin Chicka, Sarah Jacques-Ross, Richard Ross, Marcella Stockstill, and Zohra Wolters. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:September 27, 2008 (1:09 pm) G:\WPData\TYPE2801\russell 28,1 048RED.wpd Reviews 89 MODERNIST HERESIES K.yE. Garay Arts & Science/Research Collections / McMaster U. Hamilton, on, Canada l8s 4m2 [email protected] Damon Franke. Modernist Heresies: British Literary History, 1883–1924. Columbus : Ohio State U. P., 2008. Pp. xx, 258. isbn 978-0-8142-1074-1 (hb). us$47.95. The editor of the Russell journal summed up Modernist Heresies: British Literary History, 1883–1924z with his usual brevity during a (...) recent conversation : “The Wrst part is about Russell and the rest of it isn’t.” In fact the Wrst two chapters are only somewhat concerned with Russell, since he Wgures as part of the Heretical Cambridge scene with which Damon Franke opens this study, but, September 27, 2008 (1:09 pm) G:\WPData\TYPE2801\russell 28,1 048RED.wpd 90 Reviews after a Xeeting appearance of both Russells, Bertie and Dora, in the opening pages of Chapter 3, Bertie is not heard from again. Franke, who teaches English at the University of Southern Mississippi, has set himself an ambitious task, the scope of which is not fully captured in this book’s title. The selection of no fewer than ten subject headings in the cataloguing data for this studyz—zheadings ranging from “Modernism (Literature)” through “English Literature”, “Religion and Literature”, “Heresies, Christian”, and “Paganism in Literature”z—zprovides the wary reader withsome forewarning of its breadth. The author’s focus is on nothing less than the emergence and development of modernism in England, using the rise and demise of what Franke terms “heresy” as his barometer. Nor does the ascribed date range, 1883– 1924, prove much more accurate; in one of the most persuasive segments of the book, the After Words, Franke extends his examination, Wrst into the 1930s and then as far as 1949, the year that Orwell’s novel Nineteen Eighty-Fourz was published. Selecting as his starting point the 1883 blasphemy trial of G.yW. Foote, the editor of The Freethinker, at which the right to attack “even the fundamentals of religion” was enshrined in English law, providing that “the decencies of controversy” are observed (p. 10), Franke argues that this decision made possible “intellectual and literary forms of heresy which questioned the principles of religion ” (ibid.). His use of the term “heresy” for his wide ranging survey of philosophical and linguistic as well as literary opinion, provoked pause in this reader. The Oxford English Dictionary, the Wrst edition of which appeared the year after Foote’s heresy trial, provides a primary deWnition of heresy as follows: Theological or religious opinion or doctrine maintained in opposition, or held to be contrary, to the “catholic” or orthodox doctrine of the Christian Church, or, by extension, to that of any church, creed, or religious system, considered as orthodox. It is only through an extended deWnition of heresy that the door opens to allow Franke’s highly variable use of the term: “Opinion or doctrine in philosophy, politics, science, art, etc., at variance with those generally accepted as authoritative ” (OED Online, 2008). As will be demonstrated, aspects of thought which the less adventurous might prefer to call agnosticism, paganism or even atheism, are subsumed into the wide-ranging scope of this provocative study. The Cambridge Heretics, the group of which Russell was an Honorary Member, provides Franke with both his heretical cornerstone and his book’s opening chapters. In a skilfully contextualized examination, Franke documents the group’s Michaelmas 1909 genesis in the shadow, or perhaps in the intellectual light, of the Chawner ATairz—zthe Master of Emmanuel’s public expression of his personal loss of religious faith. Its Wrst chairman was C.yM. Picciotto, but it was its Wrst secretary, C.yK. Ogden, a newly arrived Magdalene College under- September 27, 2008 (1:09 pm) G:\WPData\TYPE2801\russell 28,1 048RED.wpd Reviews 91 graduate, who was to prove the group’s guiding genius. Franke argues convincingly that the group, which included Bernard Shaw, J.yM. Keynes, I.yA. Richards and G.yE. Moore, as well as Russell, in its membership roster, has suTered puzzling scholarly neglect, particularly when compared with the Apostles, its... (shrink)

Humean Laws for Human Agents presents cutting-edge research by leading experts on the Humean account of laws, chance, possibility, and necessity. A central question in metaphysics and philosophy of science is: What are laws of nature? Humeans hold that laws are not sui generis metaphysical entities but merely particularly effective summaries of what actually happens. The most discussed recent work on Humeanism emphasizes the laws' usefulness for limited agents and uses pragmatic considerations to address fundamental and long-standing problems. The current (...) volume develops and critically examines pragmatic Humean accounts, with innovative new work on the epistemology of laws and chance, the problem of induction, counterfactuals, special science laws, and a Humean account of essence. Taken together, the papers provide a roadmap for developing pragmatic Humeanism and connate views, setting the agenda for future research. (shrink)

In both Great Britain and the United States there has been a growing debate about the modern acceptability of jury nullification. Properly understood, juries do not have any constitutional right to ignore the law, but they do have the power to do so nevertheless. Juries that nullify may be motivated by a variety of concerns: too harsh sentences, improper government action, racism, etc. In this article, I shall attempt to defend jury nullification on a number of grounds. First, I discuss (...) the use of general verdicts and reject their replacement in criminal trials by special verdicts. Second, I examine verdicts based upon mistakes and racial prejudice, turning my attention to perverse verdicts and the question of whether or not juries are guilty of legislating when nullifying the law. Finally, I look at the problem of the awarding of excessive damages by juries. My goal will be to provide a sound theoretical defence of the practice of jury nullification. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:September 27, 2008 (1:09 pm) G:\WPData\TYPE2801\russell 28,1 048RED.wpd Reviews 89 MODERNIST HERESIES K.yE. Garay Arts & Science/Research Collections / McMaster U. Hamilton, on, Canada l8s 4m2 [email protected] Damon Franke. Modernist Heresies: British Literary History, 1883–1924. Columbus : Ohio State U. P., 2008. Pp. xx, 258. isbn 978-0-8142-1074-1 (hb). us$47.95. The editor of the Russell journal summed up Modernist Heresies: British Literary History, 1883–1924z with his usual brevity during a (...) recent conversation : “The Wrst part is about Russell and the rest of it isn’t.” In fact the Wrst two chapters are only somewhat concerned with Russell, since he Wgures as part of the Heretical Cambridge scene with which Damon Franke opens this study, but, September 27, 2008 (1:09 pm) G:\WPData\TYPE2801\russell 28,1 048RED.wpd 90 Reviews after a Xeeting appearance of both Russells, Bertie and Dora, in the opening pages of Chapter 3, Bertie is not heard from again. Franke, who teaches English at the University of Southern Mississippi, has set himself an ambitious task, the scope of which is not fully captured in this book’s title. The selection of no fewer than ten subject headings in the cataloguing data for this studyz—zheadings ranging from “Modernism (Literature)” through “English Literature”, “Religion and Literature”, “Heresies, Christian”, and “Paganism in Literature”z—zprovides the wary reader withsome forewarning of its breadth. The author’s focus is on nothing less than the emergence and development of modernism in England, using the rise and demise of what Franke terms “heresy” as his barometer. Nor does the ascribed date range, 1883– 1924, prove much more accurate; in one of the most persuasive segments of the book, the After Words, Franke extends his examination, Wrst into the 1930s and then as far as 1949, the year that Orwell’s novel Nineteen Eighty-Fourz was published. Selecting as his starting point the 1883 blasphemy trial of G.yW. Foote, the editor of The Freethinker, at which the right to attack “even the fundamentals of religion” was enshrined in English law, providing that “the decencies of controversy” are observed (p. 10), Franke argues that this decision made possible “intellectual and literary forms of heresy which questioned the principles of religion ” (ibid.). His use of the term “heresy” for his wide ranging survey of philosophical and linguistic as well as literary opinion, provoked pause in this reader. The Oxford English Dictionary, the Wrst edition of which appeared the year after Foote’s heresy trial, provides a primary deWnition of heresy as follows: Theological or religious opinion or doctrine maintained in opposition, or held to be contrary, to the “catholic” or orthodox doctrine of the Christian Church, or, by extension, to that of any church, creed, or religious system, considered as orthodox. It is only through an extended deWnition of heresy that the door opens to allow Franke’s highly variable use of the term: “Opinion or doctrine in philosophy, politics, science, art, etc., at variance with those generally accepted as authoritative ” (OED Online, 2008). As will be demonstrated, aspects of thought which the less adventurous might prefer to call agnosticism, paganism or even atheism, are subsumed into the wide-ranging scope of this provocative study. The Cambridge Heretics, the group of which Russell was an Honorary Member, provides Franke with both his heretical cornerstone and his book’s opening chapters. In a skilfully contextualized examination, Franke documents the group’s Michaelmas 1909 genesis in the shadow, or perhaps in the intellectual light, of the Chawner ATairz—zthe Master of Emmanuel’s public expression of his personal loss of religious faith. Its Wrst chairman was C.yM. Picciotto, but it was its Wrst secretary, C.yK. Ogden, a newly arrived Magdalene College under- September 27, 2008 (1:09 pm) G:\WPData\TYPE2801\russell 28,1 048RED.wpd Reviews 91 graduate, who was to prove the group’s guiding genius. Franke argues convincingly that the group, which included Bernard Shaw, J.yM. Keynes, I.yA. Richards and G.yE. Moore, as well as Russell, in its membership roster, has suTered puzzling scholarly neglect, particularly when compared with the Apostles, its... (shrink)

This contribution focuses on legal issues raised by the audiovisual broadcasting of performing arts, which has significantly increased due to the SARS-CoV-2 pandemic. First, we contextualize this practice and briefly present the emergence and evolution of the practice of “filmed theater”, as well as any other form of performances (e.g., concert, ballet, opera) originally conceived for the stage but subsequently diffused through other channels. Secondly, we address the current legal issues that have arisen because of the increase of such practice (...) due to the containment measures taken by government. Two axes are of particular attention: the matter of copyrights and related rights, on the one hand, and the question of public financing, on the other. Concerning intellectual property, audiovisual broadcasting leads to several legal consequences and issues: effectiveness of related rights, emergence of new modes of exploitation and new authors, recognition of the recording as an original work, etc. This new practice is, moreover, likely to disrupt the categories established by public funding legal mechanisms, which are often poorly adapted to hybrid artistic objects. The objective of this part is therefore to analyze the new legal issues raised by the audiovisual distribution of performances. Finally, we go beyond exclusively legal issues to examine the very specificities of performing arts and, more specifically, the possible loss that would result from a fixation of a production on a reproducible medium, making its diffusion possible beyond the stage. (shrink)

Dervish lodges and cults were among the important elements of the Ottoman social life and in those times, they had spread to nearly all city centers, towns and villages. Dervish lodges served as non-formal educational institutions for people from all ages and all segments of the society. In addition to education, these structures also played important roles in political, economic, social and military life of the Ottoman Empire. In general, wise people and scholars contributed to the development and dissemination of (...) Islamic sciences in general, and specifically, mystic thought. As a matter of fact, it was determined that there were a great number of Dervish lodges that were founded or supported by shaykh al-Islam (the chief justice), kādī (judge), scholars and mudarrisīn (teachers) in the history of sufism. One of them was Mullah Çelebi Dervish Lodge, which was founded in the 16th Century by Mehmed Vusuli Efendi, who belonged to the Ilmiya class (d. 998/1590). Until today no detailed studies have been conducted on lodges, which continued their existence until 1925. For this reason, this article will be the first study that deals with the dervish lodges in the light of archive sources. In this article, which was written to shed light on the course of our sufi cultural history, the prominent names, shaykhs and physical status of the Dervish lodges, especially Mehmed Vusuli Efendi, who was the founder of these lodges, will be dealt with.Summary: Our country, which hosts scientific moral centers like dervish lodges, school, madrasa and masjids, has a rich historical cultural treasure. As it is already known, the above-mentioned institutions had an important place in the life of Ottoman social life. Dervish lodges and madrassas were considered as science and wisdom centers because there is no distinction between zāhir (exterior) and bātin (interior) in our tradition. Under then-present conditions, the institutions that were needed most were supported. In this sense, the sultans and scholars cared about the dervish lodges, which were the places where sciences were studied contributing to the construction of these structures. One of these was Mullah Çelebi Dervish Lodge, which was founded in the center of Eyupsultan by the Ottoman man of letter, poet and scholar, Mehmed Vusuli Efendi (d. 998/1590).Mullah Çelebi Dervish Lodge is located in the Debbaghane/Tabakhane (Tannery) district in the center of Eyupsultan. As Suleyman Çelebi stated, “the valiant ones worked in the Tannery”. For this reason, it is possible to say that there were tanners among the disciples and followers of Mullah Çelebi Dervish Lodge.Mullah Çelebi Dervish Lodge was built by Mehmed Vusuli Efendi, who belonged to the scholar class in the Ottoman Empire. Mehmed Vusuli Efendi, who served as a professor in various madrasahs, served as a kādī in cities like Konya, Kutahya and Istanbul. Mehmed Vusuli Efendi was called “Mullah” because of his madrasah origin and “Çelebi” because of being a member of the scholar class. For this reason, dervish lodge in question was known as Mullah Çelebi Dervish Lodge in his honor. Sources mention the religious, knowledgeable and modest personality of Mehmed Vusuli Efendi. In this sense, the establishment of a dervish lodge by someone from the scholar class is important in terms of being a sign of the togetherness of dervish lodges and madrasahs in the Ottoman Empire. In addition to his scientific personality, Mehmed Vusuli Efendi was also an important figure who wrote works both as prose and as poetry, and made some translations into Turkish. In addition to the Dervish Lodges mentioned here, Mehmed Vusuli Efendi also established mosques and public baths in various places in Istanbul and was interested in charity works. Cemaleddin Server Revnakoglu stated that he was given the nickname “FındıklıÇelebi” because he had established a mosque in Fındıklı District.Mehmed Vusuli Efendi was the son-in-law of Aise Hubbi Hatun (d. 997/1589), who was one of the lady poets of the 16th century divan literature. Aise Hubbi Hatun was the granddaughter of Kanuni Sultan Suleyman’s foster brother Yahya Efendi from Beşiktaş. Aise Hubbi Hatun was also the wife of Semsi Çelebi, who was one of the grandchildren of Aksemseddin. In this sense, Aise Hubbi Hatun was a person who served in the palace during the reign of Selim II. According to the sources, Mullah Çelebi was appointed to a post that was as high as being the kādī of Istanbul with the help of Aise Hubbi Hatun, who was one of the prominent figures of the palace. For this reason, Mehmed Vusuli Efendi was also known as “Hubba/Hubbi Mullah”.In the present study of ours on Mullah Çelebi Dervish Lodge, one of the most prominent lady poets was Serife Zubeyde Fitnat Hanım (d. 1194/1780). In the sources, some authors discussed whether Fitnat Hanım’s tomb was in Mullah Çelebi Dervish Lodge. Since there is no inscription on it, the tomb of Mehmed Vusuli Efendi was assumed to belong to Fitnat Hanım. Actually, in the past, Istanbul Tombs and Museums Directorate hung a plate saying that the tomb in question belonged to Fitnat Hanim. However, Bilgin Turnalı revealed that the tomb of Fitnat Hanım was not in the Mullah Çelebi Dervish Lodge in his article with the title “The Tomb of the Poet Fitnat Hanım”.The archive sources, which we can examine on Mullah Çelebi Dervish Lodge, generally belong to the 18th century and onwards. For this reason, the information on the establishment years of the Dervish Lodge was not determined fully. However, some of the archive sources reported some revenues of Mullah Çelebi Dervish Lodge. For example, it was recorded in the archives that payments were made to this Dervish Lodge in Muharramiya activities. As it is known, ceremonies were held in the Ottoman Palace in the month of Muharram, which was the initial month of the Hijri calendar, and a number of people and institutions in Istanbul and its surroundings were paid by the Sultan under the name of “Muharramiyya”.In Mullah Çelebi Dervish Lodge, there were some prominent shaykhs like Mahmud Efendi and Nureddin Efendi. For example, since Mahmud Efendi had a lot of influence on the lodge, it was named after him for a period of time. Another prominent shaykh in the above-mentioned dervish lodge was Nureddin Efendi. As a matter of fact, he was closely interested in the maintenance and repair works of the dervish lodge and the activities related to the cults, and applied to Evkāf-i Humāyūn many times for repair works. Mehmed Esref Sabri Efendi, who was the shaykh before the last one in this dervish lodge, contributed to the training of many people of cult, especially Saadeddin Ceylan, who was the shaykh of Haki Baba Lodge. The last shaykh of Mullah Çelebi Dervish Lodge was Hafiz Hussein Kamil Efendi, who was the son-in-law of Mehmed Esref Sabri Efendi.When the physical condition of Mullah Çelebi Dervish Lodge is examined, it is understood that it was ruined in some periods in the history due to erosion; and for this reason, it had renovations. It was determined that Mullah Çelebi Dervish Lodge, which belonged to the Kadiriyye cult, remained until the last period of the Ottoman Empire; however, after the closure of the dervish lodges in 1925, it disappeared rapidly. In our present day, two tombs that belong to Mehmed Vusuli Efendi and Aise Hubbi Hatun and a graveyard where the members of the lodge were buried are left behind from this Dervish Lodge. As it is known, Dervish Lodges had an important place in the religious, scientific, political and economic life of the Ottoman society. In this article, which was planned to examine the Ottoman sufi culture, the historical course of Mullah Çelebi Dervish Lodge, its founder, shaykhs, physical location, etc. were discussed in the light of the archive sources. (shrink)

The issue of the institution is not addressed systematically anywhere in the literature on Foucault, although it is everywhere to be found in Foucault's writings._ Foucault and the Critique of Institutions_ not only interprets the work of Foucault but also applies it to the question of the institution. Foucault is a master at analyzing the web of social relations that effectively shape the modern individual. While these social relations are smaller and finer than institutions, institutions are, by Foucault's account, saturated (...) with such relations. This study is the first sustained account to follow up the implications of Foucault's provocative theses about power for the analysis of institutions. _Foucault and the Critique of Institutions _offers a set of preliminary essays that raise basic questions about the theoretical character of Foucault's thought and then several groups of other essays that go on to take up the practical issues raised by his work. Joseph Margolis and Jitendra Mohanty address one of the most complex problems posed by Foucault's texts: his status as a philosopher. Mark Poster explores the problem of the "self" in Foucault, while Judith Butler focuses her searching investigation of the self on its gendered nature. Joseph Rouse examines the functioning of the natural sciences within the institutional setting of the university and the academic profession, while Chuck Dyke and Mary Schmelzer present vigorous critiques of the normalizing power of the university. Robert Moore and Mark Yount offer original studies of the implications of Foucault's work for the workplace, labor law, and affirmative action. Finally, John Caputo studies Foucault's famous history of madness and raises the question of the possibility of exercising a "healing" and not merely a "normalizing" power in the mental hospital and the church. (shrink)

During the thirty years of Construction, studies in the history of Chinese philosophy have achieved great results, but not a few problems still remain. Those problems such as the problem of the subject matter, characteristics, and scope of the history of Chinese philosophy, the problem of the relationship between the study of the history of philosophy and real politics, the problem of evaluating the history of the ancient philosophers and their thought systems, the problem of critically inheriting the philosophical legacy, (...) etc. may be subsumed under the general heading of the problem of the methodology of the history of philosophy, which in more concrete terms involves the question of how to use dialectical materialism and historical materialism in the study and synthesis of the history of the development of Chinese philosophical thought, revealing its objective laws. These problems have not been just discovered today. They have been discussed and debated now for a long time, but they have not yet been resolved. It could even be said that because of circumstances lacking in intellectual democracy, the more these problems were debated, the farther they strayed from the truth. The cause has been that the "high-level theoretical demands" of those such as Chen Boda and Guan Feng, who were continually cracking the whip and issuing warnings from their intellectual platform, did not allow you to really solve these problems. And in the hands of the "gang of four" the history of Chinese philosophy had even fallen to the level of being a tainted, filthy study of history. For this reason, as today we return to discussing the problem of the methodology of the history of philosophy, we must first use a proper line of thought to encourage intellectual, scholarly democracy and thoroughly liberate thought. Without such a premise, it will be impossible to fully examine and scientifically solve any philosophical social science problem at all. (shrink)

Rules are a central component of such diverse enterprises as law, morality, language, games, religion, etiquette, and family governance, but there is often confusion about what a rule is, and what rules do. Offering a comprehensive philosophical analysis of these questions, this book challenges much of the existing legal, jurisprudential, and philosophical literature, by seeing a significant role for rules, an equally significant role for their stricter operation, and making the case for rules as devices for the allocation of power (...) among decision-makers. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 26.2 (2002) 432-442 [Access article in PDF] The Legacy of the Enlightenment James Schmidt What's Left of Enlightenment? A Postmodern Question, edited by Keith Michael Baker and Peter Hanns Reill; ix & 203 pp. Stanford, California: Stanford University Press, $45.00 cloth, $19.95 paper. Postmodernism and the Enlightenment: New Perspectives in Eighteenth-Century French Intellectual History, edited by Daniel Gordon; vi & 227 pp. New York: Routledge, 2001, (...) $80.00 cloth, $22.95 paper. IF THE ENLIGHTENMENT did not exist, postmodernists would have had to invent it. It performs the same function, Daniel Gordon argues in his introduction to Postmodernism and the Enlightenment, that the Ancien Regime did for the French revolutionaries: as the "other of postmodernism," it represents "the modern that postmodernism revolts against" (P&E, p. 1). Indeed, the image of the Enlightenment that emerges from the postmodern critique does seem, in large part, to be an invention. As Keith Michael Baker and Peter Hanns Reill suggest in the introduction to their collection What's Left of Enlightenment? the various strands of thought commonly grouped under the label postmodernism "have at least one thing in common": "they all depend upon a stereotyped, even caricatural, account of the Enlightenment" which sees the Enlightenment as the point of origin for the "rationalism, instrumentalism, scientism, logocentrism, universalism, abstract rights, eurocentrism, individualism, humanism, masculinism, etc." that [End Page 432] defines the modernity which postmodernity hopes to supersede (WLE? p. 1).One consequence of the inclination to trace the origin of the various failings of modernity to the Enlightenment is that arguments about the "legacy of the Enlightenment" tend to get out of hand. In a particularly sharp-sighted contribution to the Baker and Reill collection David Hollinger notes that it is all too easy for a critic of Enlightenment to argue that "I'm hot stuff because I'm not only refuting you, my puny opponent, but... every great thinker from Descartes to Popper," and, conversely, all too enticing for those who have been criticized to counter, "watch out, you think you are arguing only against me, but the implications of your reasoning are to deny the common sense of every humane and rational mind since the seventeenth century" (WLE? p. 9). Historians of the eighteenth century have been curiously reluctant to join this battle and have, for the most part, left the field to philosophers, literary scholars, and political theorists (WLE? pp. 17-18; P&E, p. 3). The intent of the two collections reviewed here is to remedy this situation by setting a group of historians to work scrutinizing differing aspects of the postmodernist critique of the Enlightenment. More often than not, the results are quite rewarding, though the question of the relationship between postmodernism and the Enlightenment remains, in the end, somewhat ambiguous.The scope of these two volumes is quite impressive. Baker and Reill's collection opens with essays by David Hollinger and Richard Rorty (one of the two nonhistorians invited to the festivities) offering contrasting characterizations of the relationship of postmodernism and the Enlightenment. It continues with a discussion of a few important interpretations of the Enlightenment (including articles by Jonathan Knudsen on German historicism, Hans Sluga on Heidegger, Johnson Kent Wright on Cassirer, and Michael Meranze on Foucault) and concludes with essays by Lorraine Daston ("Enlightenment Fears, Fears of Enlightenment"), Dena Goodman (on gender difference in the Enlightenment), and Lawrence Klein (on the idea of "conversation" in the Enlightenment) that seek, in differing ways, to reveal "the existence within the Enlightenment of elements frequently seen as characteristic of Postmodernity itself" (WLE? p. 3).Gordon's volume offers a counterpoint to the final part of Baker and Reill's collection: each of its nine essays is intended as confrontation between a postmodernist characterization of a particular aspect of the Enlightenment and an account of "how the theme really operates in [End Page 433] Enlightenment thought" (P&E, p. 5). Thus Malick W. Ghachem examines how Montesquieu's account of law was applied to French colonies in the Caribbean, Arthur Goldhammer discusses Diderot's view of language, Daniel Rosenberg... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:716 BOOK REVIEWS phies for each section (20 in all); (2) the summaries of major conclusions at the end of many chapters; (2) the explanations of how one body of texts (or its traditions) has been re-read (i.e., re-worked) by later texts; and (4) how one body of texts (e.g., the Psalms), provides for understanding a certain perspective other parts of the Old Testament (e.g., the Pentateuch). Some shortcomings (...) are evident. He relies heavily on the prophets for guiding insights, while law, priesthood, temple, and blessing play minor roles. Is this really faithful to the canonical shape of the Old Testament in its pre-Christian witness~ I find particularly inadequate the treatment of purity laws (p. 86) and priestly roles (pp. 150-53), and suspect the author needs to apply a hermeneutics of suspicion to his own Protestant presuppositions! In a similar way, the decalogue gets extended attention because Childs sees its theology as relevant to modern questions of violence, war, etc.; but he never seriously wrestles with those counter-passages whose theology encourages a divine warrior or a conquest motif. A similar problem arises when he ends the book with the theme of "Life under Promise." This is a judicious choice for the summarizing theme of the Old Testament and includes treatment of judgment versus salvation,.eschatology, messianic hope, the promise of the land, and eternal life. But it lacks any reference to liturgy and temple as symbols of hope, the book of the law, or the commandments of Torah, and no mention at all of the " blessing " theology of P that informs the whole Old Testament from Genesis 1 onwards. Clearly Childs has begun an important project, but much more clarity and balance is still needed in his continuing work during the years ahead. Washington Theological Union Silver Spring, Maryland LAWRENCE BOADT, C.S.P. Divine Omniscience and Omnipotence in Medieval Philosophy: Islamic, Jewish and Christian Perspectives. Edited by TAMAR RUDAVSKY. Dordrecht, Boston, Lancaster: D. Reidel Publishing Co., 1985. Pp. ix + 299. $54 (cloth). Since this book originated from revised papers and commentaries presented at a conference (held at the Ohio State University on March 3 and 4, 1982.), it is not surprising to find that the completed edition displays wide variety both in its subject matter and in the quality of the chapters. The chapters reflect the quality of papers very often presented at conferences -some are excellent, others are not. In addition, some chapters deal BOOK REVIEWS 717 with problems and solutions which help significantly to advance medieval scholarship, while the problems and solutions raised in other chapters do. not add much to medieval research; indeed, some chapters seem to present arguments lacking both in plausibility and in an understanding of the dominant spirit of medieval thought. The book is divided into three specific parts which deal with Islamic, Jewish, and Christian authors respectively, and the chapters in each part are arranged in historical order. There is also an introduction and an extensive bibliography. In chapter 1, Calvin Normore gives a helpful, but tediously written, introduction and overview of the logical and epistemological problems which were involved in medieval discussions of divine omniscience and omnipotence. Chapter 2 focuses upon Boethius's account of the nature of contingency, and adopts a view which i;e:fl.ects a misunderstanding both of Boethius and of the theological spirit of medieval thought in general. Ignoring sage comments from Richard Sorabji (see p. 49, footnote 68), Norman Kretzmann argues that for Boethius free human choice is the source of all contingency. How the Christian, Boethius, could so badly confuse human choice with divine choice, Kretzmann fails to explain. Chapters 3-6 constitute Part Two of the text and contain some of the most scholarly research in the book. In chapters 3 and 4, Josef Van Ess, rightly noting the juridical foundations of Mu'tazilite thought, examines wrongdoing and divine omnipotence in the fragmentary work of Abu Ishaq An-Nazzam. His discussion is particularly helpful in its treatment of the Islamic understanding of God as not physei agathos, but good merely by doing what is good. This understanding is a necessary element for any sound grasp... (shrink)

This article examines the work of Martin Loughlin, a prominent public lawyer who works in the leftwing tradition of political and legal theory, often associated with the London School of Economics and Political Science. It argues that tensions in Loughlin’s work exemplify certain trends within the left, the result of the left having lost faith in its positive political programme, one which was supposed to be delivered by Parliament. What remains once this faith is lost is a traditional hostility to (...) liberalism and judicial review in combination with a sense that the realm of politics—the political—is valuable. This combination explains the turn taken by certain leftwing theorists to Carl Schmitt’s authoritarian understanding of politics and to a kind of romanticism about tradition. Given the risks inherent in this turn, would be better for the left both to return to its roots in a positive programme. This move would require the left to engage properly in the contemporary debate about the normativity of law. (shrink)

With volume 5 the publication of the actual text of Henry's fifteen Quodlibetal Questions begins. Macken's edition is preceded by a valuable introduction, which itself commences with discussions of Henry's life and writings. Macken then surveys the manuscripts containing Quodlibet I and explains in detail the procedure he has adopted in reconstituting the text and the editing techniques he has employed. As he points out, Quodlibet I was given its definitive written form by Henry himself, and is not a mere (...) report drawn up by someone else who would have been present at its oral presentation. It should here be recalled that the Quodlibetal Question developed in Parisian University circles in the course of the thirteenth century as a distinctive literary genre of philosophical and theological writing. The Quodlibets themselves as we have them in written form reflect their origins in those special public oral sessions which were held twice a year in the Theology Faculty, and at which certain Masters would open themselves to questions from one and all about any appropriate topic. After this evidently taxing exercise, a Master would have the right to readdress himself to the questions that had been raised on some following day when meeting with his own students. By then he would have introduced some kind of order into the various topics originally proposed for discussion. And at some subsequent time, probably during the course of the next year, he would release them for publication, but only after having carefully revised them. As one might expect, the very nature of such an exercise opened the way for consideration of a bewildering variety of topics ranging widely over areas such as speculative and moral theology, metaphysics, natural philosophy, moral philosophy, and canon law. This variety is clearly reflected in the 42 questions examined in Henry's first Quodlibet. Thus one finds him here considering questions treating of Trinitarian theology, the hypostatic union, unicity vs. plurality of substantial form in man, Eucharistic theology, the possiblity of an eternally created universe, the relationship between essence and existence in creatures, and the possibility that prime matter could be sustained in existence by God apart from any substantial form. Questions are also raised relating to the nature of the soul both in its separated state and in its state of union with the body, and the relative priorities of intellect and will and their interrelationship in the act of choice. Finally, a host of other topics of less immediate interest to philosophers are also examined, such as the fate of infants who die without baptism, confessional jurisdiction, the guilt of a teacher who is primarily concerned with his own glory, etc. At the risk of oversimplification, certain positions defended by Henry in this Quodlibet will be mentioned because of their interest to students of metaphysics. In q. 4 he leaves open the possibility of defending unicity of substantial form in man. In qq. 7-8 he eliminates the possibility that any creature could have existed from eternity and, therefore, the possibility of an eternally created universe. In q. 9 he rejects real distinction between essence and existence in creatures and defends his well known "intentional" distinction between them. Here too he has already developed his unusual view of the essential being enjoyed by creatures insofar as they are objects of God's knowledge and have exemplar ideas in God. In q. 10 he denies that prime matter is pure potentiality and maintains that God could, if he should so choose, keep matter in existence without any substantial form. In q. 14 he defends the preeminence of the will over the intellect, and in a number of succeeding questions enters into intricate discussion of the interrelationship between reason and will in the act of choice. Perhaps these indications will be enough to give the reader some idea of the general direction of Henry's thought with respect to the topics in question. Anyone who has already examined earlier printed editions of Henry's Quodlibets will be delighted with Macken's superb edition of Quodlibet I. Apart from its great critical value, this volume is beautifully printed, handsomely bound, and appropriately indexed. This reviewer, for one, is eagerly awaiting the appearance of subsequent volumes in the series. All will be required reading for students of late thirteenth- and early fourteenth-century philosophy and theology.--J.F.W. (shrink)

For much the greater part of Western history, moral and political thinking took fundamental guidance from "natural law," a standard of justice and human flourishing resting ambiguously on the dual foundation of the rational knowledge of human nature and the revelation of divine will. Modern politics and philosophy, by contrast, may be said to have emerged through the rise of a doctrine of "natural rights," which rested ambiguously on the rejection and the transformation of natural law. In the present "postmodern (...) age", as we struggle to comprehend just what modernity was and how it got started, we urgently need to re-examine the complex fate of natural law, especially in the work of such thinkers as Hobbes, Spinoza, and above all John Locke, the father of the modern, liberal, "rights-based" theory of the state. (shrink)