The Middle East Review (MER) is a regular publication with articles from students, academics and practitioners on legal developments in the Middle East and North Africa (MENA) region. The contributors have written intellectually stimulating and informative articles, and we are grateful for their patience with us in the extended process of getting Issue 3 to publication.

In this article, I discuss prospects for democracy in the Middle East. I argue, first, that some democratic experiments—for instance, Egypt under Mohammed Morsi—are not in keeping with etymological and historical meanings of democracy; and second, that efforts to promote democracy, especially as exemplified in U.N. documents emphasizing universal rights grounded in Western traditions, are possibly totalitarian and also colonialist and hence counter to democratic ideals insofar as they impart one set of values as the only morally acceptable (...) ones. A respectful dialogue in which people from both regions strive to understand conditions giving rise to certain social practices would be more productive than morally superior attitudes, and help all to see areas where their respective cultures could be improved. I conclude by discussing concepts of democratic and pragmatic faith articulated by John Dewey and William James, arguing that democracy will continue to flounder in the Middle East so long as the basic trust implied in these concepts is lacking; and how Westerners might consider this a cautionary tale regarding social attitudes and public policies contrary to democratic life in their own countries. (shrink)

The article addresses the following question: Can a people change their form of government and law and bring them permanently under their shared democratic authority by nonviolent, participatory democratic means? It examines this question through the example of the nonviolent Egyptian Spring. It also addresses the questions of whether this is a new form of the right of self-determination of peoples as well as an alternative to the current models of transitional justice. The means used to address these questions are (...) adapted from the methods of legal and political pluralism, the politics of nonviolence and participatory democracy. Its objective is to place the nonviolent Egyptian Spring in the broader context of nonviolent and democratic regime transformation since Decolonization. (shrink)

The purpose of the paper, part of a project by Boston University Law School, is to examine derivatives law and practice in selected Middle Eastern countries including the UAE.

This article asks how state formation processes informed the normative frameworks of late-Medieval and early-Modern Latin European and Muslim Middle Eastern regimes. The question at hand is not why pre-Modern regimes discriminated against religious minorities (as well as other groups) during the pre-Modern period, but why Western European states consistently engaged in mass expulsions of their non-Christian subjects from the late thirteenth century onward and the neighboring states of the Middle East did not. Rather than addressing these (...) peculiar policies as a function of religion, culture, or law the article adopts a comparative, contextual method. With the aid of Charles Tilly’s theoretical perspectives it isolates critical variables in pre-Modern Middle Eastern state formation. These variables are then used to shed light on the circumstances and relationships that led to Latin Europe’s mass expulsions of Jews and Muslims between 1290 and 1614. (shrink)

In 2011, the Middle East saw more people peacefully protesting long entrenched dictatorships than at any time in its history. The dictators of Tunisia, Egypt, and Yemen were deposed in a matter of weeks by nonviolent marches. Imprecisely described as 'the Arab Spring', the revolution has been convulsing the whole region ever since. Beyond an uneven course in different countries, Philosophy of Nonviolence examines how 2011 may have ushered in a fundamental break in world history. The break, the (...) book argues, is animated by nonviolence as the new spirit of the philosophy of history.Philosophy of Nonviolence maps out a system articulating nonviolence in the revolution, the rule of constitutional law it yearns for, and the demand for accountability that inspired the revolution in the first place. Part One--Revolution, provides modern context to the generational revolt, probes the depth of Middle Eastern-Islamic humanism, and addresses the paradox posed by nonviolence to the 'perpetual peace' ideal. Part Two--Constitutionalism, explores the reconfiguration of legal norms and power structures, mechanisms of institutional change and constitution-making processes in pursuit of the nonviolent anima. Part Three--Justice, covers the broadening concept of dictatorship as crime against humanity, an essential part of the philosophy of nonviolence. It follows its frustrated emergence in the French revolution, its development in the Middle East since 1860 through the trials of Arab dictators, the pyramid of accountability post-dictatorship, and the scope of foreign intervention in nonviolent revolutions. Throughout the text, Professor Mallat maintains thoroughly abstract and philosophical arguments, while substantiating those arguments in historical context enriched by a close participation in the ongoing Middle East revolution. (shrink)

Reprint of a chapter initially published in _Bioethical Insights into Values and Policy: Climate Change and Health_ (2016).

The Director of Public Prosecutions has recently released the Policy for Prosecutors in Respect of Cases of Encouraging or Assisting Suicide. These guidelines provide information on the factors that shall be considered when contemplating whether to bring a prosecution in the public interest in cases concerning assisting and encouraging suicide. While intended to clarify the potential liability of those engaged in or considering such practices, the guidelines have also stumbled into controversial and murky areas of law. As such any potential (...) positive outcomes the guidelines may produce must be weighed against the potential confusion they may also cause. (shrink)

This book takes us far beyond the usual focus of comparative law with analysis of a broad range of jurisdictions, including mixtures of common and civil law, and also those mixing Islamic and/or traditional legal systems with those derived from common and/or civil law traditions. The discussion is situated within the broader context of the continuing tides of globalization, the emergence of Islamic governments in some parts of the Middle East, the calls for a legal status for Islamic (...) law in some European countries, and the increasing focus on traditional and customary norms of governance in post-colonial contexts. (shrink)

ABSTRACT An ethical analysis of Jordan's Clinical Research Law, which became effective in 2001, was performed. Accordingly, this paper discusses the major components, key strengths and weaknesses of this law. As an initial effort, the Law addresses important aspects of research ethics and, hence, should serve as an example for other Arab Countries in the Middle East. Unique aspects of the Law include the requirement that those conducting any study have insurance that can compensate for research injuries and (...) a system of fines and punishments for noncompliance with the Law. There are, however, some key items missing in the Jordanian Law. For example, the Law does not mention the requirement of a favourable assessment of risks and benefits, the fair selection of subjects, or articles regarding the protection of the rights and welfare of children and other vulnerable subjects participating in research. The paper concludes with the suggestion that new amendments should be considered for future revisions of the Clinical Research Law in Jordan. (shrink)

Originally edited by Timothy Stoltzfus Jost, this text examines how different countries around the world approach the same challenges in health care law and ethics: how to finance care for as many people as possible; how to ensure quality care; how to best secure patients' rights; how to regulate abortion, end of life decision making, and assisted reproduction; and how to manage infectious diseases, tobacco use, and human subject research. The new edition considers a broader array of countries, particularly from (...) Asia, Latin America, Africa, and the Middle East. (shrink)

In recent years, foreign language learning has been proposed as a possible cognitive intervention for older adults. However, the brain network and cognitive functions underlying FLL has remained largely unconfirmed in older adults. In particular, older and younger adults have markedly different cognitive profile—while older adults tend to exhibit decline in most cognitive domains, their semantic memory usually remains intact. As such, older adults may engage the semantic functions to a larger extent than the other cognitive functions traditionally considered the (...) most important. Using anatomical measurements and a cognitive test battery, the present study examined this hypothesis in twenty cognitively normal older adults, who participated in a two-month Italian learning programme. Results showed that the immediate learning success and long-term retention of Italian vocabularies were most consistently predicted by the anatomical measures of the left pars orbitalis and left caudal middle frontal cortex, which are implicated in semantic and episodic memory functions. Convergent evidence was also found based on the pattern of cognitive associations. Our results are consistent with a prominent role of semantic and episodic memory functions in vocabulary learning in older learners. (shrink)

An ethical analysis of Jordan's Clinical Research Law, which became effective in 2001, was performed. Accordingly, this paper discusses the major components, key strengths and weaknesses of this law. As an initial effort, the Law addresses important aspects of research ethics and, hence, should serve as an example for other Arab Countries in the Middle East. Unique aspects of the Law include the requirement that those conducting any study have insurance that can compensate for research injuries and a (...) system of fines and punishments for noncompliance with the Law. There are, however, some key items missing in the Jordanian Law. For example, the Law does not mention the requirement of a favourable assessment of risks and benefits, the fair selection of subjects, or articles regarding the protection of the rights and welfare of children and other vulnerable subjects participating in research. The paper concludes with the suggestion that new amendments should be considered for future revisions of the Clinical Research Law in Jordan. (shrink)

abstract During the current round of fighting in the Middle East, Israel has provoked considerable controversy as it turned to targeted killings or assassination to battle militants. While assassination has met with disfavour among traditional observers, commentators have, more recently, sought to justify targeted killings with an appeal to both self‐defence and law enforcement. While each paradigm allows the use of lethal force, they are fundamentally incompatible, the former stipulating moral innocence and the latter demanding the presumption of (...) criminal guilt. Putting aside the paradigm of law enforcement which demands due process and forbids extra‐judicial execution, the only possible avenue for justifying named killings lies in self‐defence. While named killings might be defensible on the grounds that there are no other ways to disable combatants when they fight without uniforms, the costs, including the cost of targeted killing emerging as an acceptable convention in its own right, should be sufficient to view the practice with a good deal of caution. (shrink)

Mirrors of Justice is a groundbreaking study of the meanings of and possibilities for justice in the contemporary world. The book brings together a group of both prominent and emerging scholars to reconsider the relationships between justice, international law, culture, power, and history through case studies of a wide range of justice processes. The book's eighteen authors examine the ambiguities of justice in Europe, Africa, Latin America, Asia, the Middle East, and Melanesia through critical empirical and historical chapters. (...) The introduction makes an important contribution to our understanding of the multiplicity of justice in the twenty-first century by providing an interdisciplinary theoretical framework that synthesizes the book's chapters with leading-edge literatures on human rights, legal pluralism, and international law. (shrink)

On 5th June 1989 an unknown man stopped the leading tank in a column entering Tiananmen Square, Beijing. His ultimate fate is unknown. His courage reflects the dilemma of brave people faced by the force of authority. The rule of law attempts to control excess of authority, but is often ineffective and illusory. Realist jurisprudence acknowledges that the law is often flawed and unfairly administered and that the rule of law is an illusion. This book discusses the question what then (...) should the individual do? It suggests that ethical realism is a wise approach: acknowledging that in reality the law is flawed, but attempting when possible to do what ethics suggest, applying the classical concept of internal or virtue ethics. This approach has practical applications-- It would be ethical to have a 2 state solution in the Middle East as was resolved by the UN General Assembly in 1947; it would be ethical for the UK to remain in the EEA established by the Treaty of Rome after 48.7% of UK voters wanted to remain and when the 2016 referendum and 2017 legislation referred only to the EU. In the early 1960s I attended the realist jurisprudence lectures at Oxford and came away with a belief that the rule of law is an ideal rather than a reality but a belief that ethics encourage the individual to do what can be done in practice to alleviate failures of the rule of law. (shrink)

The language of morality and legality infuses every aspect of the Middle East conflict. From repeated assertions by officials that Israel has “the most moral army in the world” to justifications for specific military tactics and operations by reference to self-defense and proportionality, the public rhetoric is one of legal right and moral obligation. Less often heard are the voices of those on the ground whose daily experience is lived within the legal quagmire portrayed by their leaders in (...) such uncompromising terms. This Article explores the opaque normative boundaries surrounding the actions of a specific group within the Israeli military, soldiers returning from duty in Hebron in the Occupied Palestinian Territories. By examining interviews with these soldiers by an Israeli NGO, it identifies different narratives of legality and illegality which inform their conduct, contrasting their failure to adhere to conventional legal discourses with the broader “legalization” of military activities. Seeking an explanation for this disjunction, it explores the ways in which the soldiers’ stories nonetheless reflect attempts to negotiate various normative and legal realities. It places these within the legal landscape of the Occupied Palestinian Territories which has been normatively re-imagined by various forces in Israeli society, from the judicially-endorsed discourse of deterrence manifested in the day-today practices of brutality, intimidation and “demonstrating power,” to the growing influence of nationalist-religious interpretations of self-defense and the misuse of post-modernist theory by the military establishment to “smooth out” the moral and legal urban architectures of occupation. The Article concludes by considering the hope for change evident in the very act of soldiers telling ethically-oriented stories about their selves, and in the existence of a movement willing to provide the space for such reflections in an attempt to confront Israeli society with the day-to-day experiences of the soldier in the Occupied Palestinian Territories. (shrink)

Montesquieu is famous as a tireless critic of despotism, which he associates overtly with Asia and the Middle East and not with the apparently more moderate Western models of governance found throughout Europe. However, Vickie B. Sullivan argues that a creaful reading of Montesquieu's enormously influential The Spirit of the Law reveals the surprising result that he recognizes that Europe itself is susceptible to despotic practices - and that the threat emanates not from the East but rather (...) from certain despotic ideas that inform Western institutions and practices. Sullivan guides readers through Montesquieu's sometimes veiled yet sharply critical accounts of Machiavelli, Hobbes, Aristotle, and Plato, as well as various Christian thinkers have brough forth despotic ideas in the form, for example, of brutal Machiavellianism, of Hobbes's justifications for the rule of one, of Plato's reasoning that denied slaves the right of natural defense, and of the Christian teachings that equated heresy with treason. Such ideas, Montesquieu shows, inform such revered European institutions as the French monarchy and the Roman Catholic Church. In this new reading of Montesquieu's masterwork, Sullivan corrects the misconception that it offers simple, objective observations, showing it to be instead a powerful critique of European politics that would become remarkably and regrettably prescient after Montesquieu's death, when despotism repeatedly emerged in Europe with virulent intensity. -- from dust jacket. (shrink)

This book reveals how the medieval papacy grew from modest beginnings into an impressive institution in the Middle Ages and deals with a wide field. It charts the history of the papacy and its relations to East and West from the 4 th to the 12 th centuries, embraces such varied subjects as law, finance, diplomacy, liturgy, and theology. The development of medieval symbolism is also discussed as are the view of eminent political scientists of the period. This (...) re-issues reprints the revised, 3rd edition of 1970. (shrink)

This dissertation explores the life and work of a philosophy of education and multicultural education teacher, through the use of narrative inquiry. As a Palestinian/Lebanese Canadian researcher, teacher, mother, activist and writer, I present the journey of freeing myself from colonial grand narratives through the construction of my personal, practical knowledge and values, while providing an answer to the question: “What does it mean to be situated on the boundary between the English West and the Middle Eastern Arab world?” (...) I demonstrate how the Orientalist tradition, as defined by Edward Said, served to confuse, frustrate, and alienate me as an embodied person situated within a web of historical, ethnic, linguistic, social, and cultural tensions. I describe how, having been educated in an English missionary school in the context of a Palestinian culture of dispossession and Diaspora, this education served to paradoxically both estrange and enrich me. I demonstrate how narrative inquiry, modeled after Clandinin and Connelly, has enabled me to understand and communicate who I really am as an educator in the multiple social contexts I have known. Through story-ing my epistemology, I illustrate how the Canon in philosophy and the grand meta-narratives underpinning it served to oppress and alienate me over the years. I emphasize that education is not value-neutral. My autobiographical writing in this dissertation explores how the constructs of ethnicity, gender, religion, culture, language, and class serve to shape thinking and values. [...]. (shrink)

The answer to the first question is clear enough. The Bush administration desperately needs a foreign policy success to obscure the outcome of its war in the Gulf: hundreds of thousands killed and the toll mounting as a long-term consequence of the devastating attack on the civilian society; the Gulf tyrannies safeguarded from any democratic pressures; Saddam Hussein firmly in power, having demolished popular rebellions with tacit US support. US government interests and goals are hardly concealed. Washington seeks "the best (...) of all worlds," New York Times chief diplomatic correspondent Thomas Friedman explains: "an iron-fisted Iraqi junta without Saddam Hussein," a return to the days when Saddam's "iron fist held Iraq together, much to the satisfaction of the American allies Turkey and Saudi Arabia," along with the Reagan-Bush administrations, which gave unwavering support to their murderous ally. These images, however, cannot be left in the public memory in the United States or elsewhere. The reality can be effaced by what the press describes as the. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 39.4 (2001) 585-587 [Access article in PDF] Chumaru Koyama, editor. Nature in Medieval Thought: Some Approaches East & West. Studien und Texte zur Geistesgeschichte des Mittelalters. Leiden: Brill, 2000. Pp. xiv + 183. Cloth, $65.00. The subtitle of this volume is misleading. The Japanese scholars represented (Koyama, Y. Iwata, and B. R. Inagaki) were all trained in Western medieval philosophy and are (...) highly respected medievalists. None of the Western contributors is an expert on Eastern philosophy. Even readers familiar with Japan will be hard pressed to find anything characteristically Eastern in any of the contributions.In the forward provided by the editor and in a preface written by W. Kluxen, we are informed that the volume was the product of two international conferences. Western [End Page 585] and Eastern experts on medieval philosophy were assembled to discuss the problem of "how each human being and humanity as a whole will handle nature in the future" (viii). Both Koyama and Kluxen assume that medieval Europeans conceived essential features of the understanding of "nature" now common to the whole world.Judging from the essays in the book, we conclude that the volume represents a beginning. There are connections between some of the essays, but the question remains: can the medieval view of nature offer us guidance on how to deal with our environmental crises? In general, one might expect a congenial relationship between ancient Western organic views and Japanese intuitions about nature. Nevertheless, compromise characterizes technological decision-making in both cultures. The challenge posed by radical environmentalists is the adequacy altogether of anthropocentric environmental ethics to save the planet.The essay by Iwata offers an interpretation of natural teleology that is compatible with mechanism and hypothetical necessity. Iwata suggests that art that pursues its own ends and not as an imitation of nature can be the source of environmental crises. Two papers by Kluxen on ethics, nature, and natural law acknowledge major transformations in the Middle Ages, and the challenge he poses is how to reintegrate reason and nature. K. Riesenhuber challenges recent accounts that claim to find in some twelfth-century authors an autonomous interest in nature. While nature as a discipline did not achieve autonomy in the twelfth century, Riesenhuber detects the stirrings of independence, but knowledge of nature remained subordinate to knowledge of God. L. Honnefelder suggests that guidance for our treatment of nature may lie in developing new models for the combination of the Platonic technomorphic with the Aristotelian biomorphic paradigm. Inagaki's paper on original sin and human nature adopts a stance that conforms to the Judeo-Christian tradition of the human break with nature. Whatever the source of that disintegration, the problem described in this way requires first a healing of human nature. The paper by M. M. Adams considers John Duns Scotus's revision of final causality. Scotus distinguished between the perfection of the being that a thing constitutes and the explanatory function of that achievement. On this account, Scotus revised the analysis to secure one sense in which Goodness explains being. The paper provides an example of the sorts of transformations in the medieval view suggested by several of the other contributors.C. Steel's paper questions the assumptions about the connection between medieval and modern conceptions of nature. Steel adopts a more comprehensive historical perspective. Flawed by its selective reliance on secondary literature, the paper nonetheless represents an important effort to understand our current dilemma from a historical perspective. Steel challenges L. White, Jr.'s now famous claim about the Christian roots of our ecological crisis. Steel overlooks White's appeals to Christian traditions at variance with Christian dualism and to the use of the Bible in the seventeenth century to sanction the study of science as a means to master nature. Steel takes up the vexed question of continuity or discontinuity between medieval philosophy of nature and seventeenth-century science. In the end Steel falls on the side of continuity, yet in a way that can be expressed only dialectically! That is to say, medieval commentaries on... (shrink)

Through analysing different case studies in the Middle East, this section uses rooted cosmopolitanism as a theoretical lens to explore exported modernism and architecture between socialist and capitalist countries during the Cold War. This research analyses the circulation and local applications of urban development and modernisation paradigms in so-called ‘Third World’ countries. For assessing the socialist and capitalist-inspired modernisation processes in the Middle East, this chapter studies the cosmopolitan and trans-cultural architecture created by global and local (...) influences. Comparing two types of cosmopolitan architecture (socialist and capitalist) during the Cold War period in third-world contexts will help us to analyse and compare their relative rootedness and to learn from the interconnected, multifaceted, and multilayered planning transfers and architectural exportations. (shrink)

During the 1980s, Morocco became a platform for discussion of democratization projects in North Africa and the Middle East. This served as fertile ground for feminist reverberations attempting to reform the mudawanna, or shari’a based family-law in Morocco, and consequential resistance to reform by women within the political Islam or “Islamist” movement. Feminist scholarship in Morocco, as is the case with other parts of the Middle East, is inevitably political. Zakia Salime’s book Between feminism and Islam: (...) Human Rights and Sharia Law in Morocco problematizes the resulting conceptual boundaries of feminist and Islamist politics in Morocco. She became interested in the issue with her involvement with the feminist movement during the 1990s. Unlike other authors that discuss feminism in the Middle East, Salime is not interested in assuming any generalizations in discussion of marginalization of women versus political Islam. Rather, she aims to analyze in detail the dynamic relationship of feminist and Islamist movements. (shrink)

The field of Business Ethics is still underdeveloped and negative stereotypes about the level of business ethics practice are prevalent. The field of Business Ethics is not yet institutionalized in the Academia of most ideastern countries. Most governments in the region have agencies to combat corruption. One of the interesting developments is the Eco-Peace organization for cross national cooperation in the field of ecology. The report concludes with some of the trends expected to impact economic developments and Business Ethics in (...) the Middle East. (shrink)

The “Freedom Agenda” of President George W. Bush for the Middle East assumed that the liberation of Iraq from the dictatorship of Saddam Hussein and the start of political change would trigger the process of democratization of the entire region. Encouraged by financial and economic support, Arab countries should have been willing to implement political and educational support, which would lead to the creation of civil society and grassroots political changes initiated by society itself. A number of mistakes (...) made by the Bush administration in Iraq has not only caused the mission of the democratization of Iraq to be a failure, but also influenced the situation that today Iraq is closer to being a failed state than a democracy. (shrink)

This contribution discusses the reception to and relevance of ‘Christian witness in a multi-religious world’ in the Middle East. After a brief survey of the reception and some comments on the Arabic translation of the document, it argues that the guidelines offered in ‘Christian witness’ are especially relevant with regard to intra-Christian proselytism, relief and development work, and religious freedom and conversion.

ABSTRACT:This paper explores how corporations, through their Corporate Social Responsibility (CSR) activities, can help to effect positive developmental change. We use research on institutional change, deinstitutionalization, and institutional work to develop our central theoretical framework. This framework allows us to suggest more explicitly how CSR can potentially be mobilized as a purposive form of institutional work aimed at disrupting existing institutions in favor of positive change. We take the gender institution in the Arab Middle East as a case (...) in point. Our suggestion is that the current context of the Arab Spring, which combined with increasingly obvious endogenous institutional contradictions, has created a fertile ground for shaping change processes within the gender institution. Finally, we provide concrete examples of CSR initiatives that regional corporate actors can engage in for positive developmental change supporting women. (shrink)

Consented autopsy is almost non-existent in the Middle-East where established social and cultural beliefs regarding the procedure might discourage family members from requesting a consented autopsy. Evidence suggests that new information is obtained from consented autopsies. It would not be in the best interest of medicine if social and cultural misconceptions succeed in erasing the existence of consented autopsies entirely.

The Making of the Medieval Middle East: Religion, Society, and Simple Believers. By Jack Tannous. Princeton: Princeton University Press, 2018. Pp. xiv + 647. $39.95, £34.