The pressure for publication is ever present in academe. Rules for submission are elucidated by conferences, proceedings and journals for the benefit of authors; however, the rules for reviewers and editors are not so well established or consistent. This treatise examines examples of abuse of the editorial process and points to a need for formal recognition of rules for review. The manuscript culminates with proposed Codes of Ethics for researchers, referees and editors and suggestions for improvement of the peer review (...) process. (shrink)

The Codification of Islamic Criminal Law in the Sudan: Penal Codes and Supreme Court Case Law under Numayrī and al-Bashīr. By Olaf Köndgen. Studies in Islamic Law and Society, vol. 43. Leiden: Brill, 2018. Pp. xii + 480. $171, €149.

The principal aim of this paper is to analyze the relationship between intersubjectivity and grammar. We argue that intersubjectivity represents, on the one hand, a prerequisite for the development of language as a symbolic system, and therefore also for the development of grammar. Furthermore, we attempt to show that language, and especially grammar, codify intersubjectivity. That is to say, grammatical constructions represent the intersubjective interactions that situated agents maintain in different pragmatic contects. We call this phenomenon the meta-representational capacity of (...) language. Our main object of analysis is the development of the ditransitive construction in the Spanish language. The evolution of this construction makes it clear that there is an important correlation between the degree of complexity of the codified intersubjective interaction and grammatically obligatory nature and the prominence of the grammatical construction that codifies it: the greater the complexity, the greater its obligatoriness, and vice versa. (shrink)

This work focuses on the conception of God of the medieval Jewish philosopher and legal scholar, Hasdai Crescas. It demonstrates that Crescas’ God is infinitely creative and good and explores the parallel that Crescas implicitly draws between God as creator and legislator.

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be (...) preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

After the French Revolution, the codification movement led to the introduction of the Dutch Civil Code and the Commercial Code of 1838. These codifications were generally regarded as the bedrock of a dogmatic system in which little space was left for customs and customary law. Mercantile jurists, such as Holtius and Levy, were opponents of the legalistic approach of the new codifications. They tried to separate mercantile law from civil law in order to protect mercantile law from excessive legalistic (...) influences. According to them, mercantile law was characterised by internationality, custom as its main source of law, continuity through an extended mercantile legal history and by good faith and mutual trust between the merchants. Out of these, the historicity and homogeneity of a strong community of merchants are particularly in line with a traditional and conservative view on society. Holtius and Levy, however, had little in common with their Christian-conservative contemporaries. On the one hand, they rather seemed to foreshadow the kind of liberal-conservatism as expressed by Hayek during the 20th century. On the other hand, their ideas have much in common with different lex mercatoria –traditions developed by authors as Goldman and Schmitthoff. On the aspects of historicity and internationality Holtius and Levy seem to have much in common with Hayek whereas concerning communality and the legal nature of customary law there are more similarities with the lex mercatoria-traditions. (shrink)

The profession of medicine is predicated upon an ethical mandate: first do no harm. However, critics charge that the medical profession’s culture and its public health mission are being undermined by the pharmaceutical industry’s wide-ranging influence. In this article, we analyze how drug firms influence psychiatric taxonomy and treatment guidelines such that these resources may serve commercial rather than public health interests. Moving beyond a conflict-ofinterest model, we use the conceptual and normative framework of institutional corruption to examine how organized (...) psychiatry’s dependence on drug firms has distorted science. We suggest that academic-industry relationships have led to the corruption of the evidence base upon which accurate diagnosis and sound treatment depend. We describe the current dependency corruption and argue that transparency alone is not a solution — and sometimes even produces iatrogenic effects. Furthermore, we argue that the corruption of the evidence base for diagnostic and practice guidelines renders obsolete the traditional informed consent process, and we offer suggestions for reforming this process. (shrink)

The possibility that industry is exerting an undue influence on the culture of medicine has profound implications for the profession's public health mission. Policy analysts, investigative journalists, researchers, and clinicians have questioned whether academic-industry relationships have had a corrupting effect on evidence-based medicine. Psychiatry has been at the heart of this epistemic and ethical crisis in medicine. This article examines how commercial entities, such as pharmaceutical companies, influence psychiatric taxonomy and treatment guidelines. Using the conceptual framework of institutional corruption, we (...) show that organized psychiatry's dependence on drug firms has led to a distortion of science. We describe the current dependency corruption and argue that transparency alone is not a solution. We conclude by taking the position that the corruption of the evidence base in diagnostic and practice guidelines has compromised the informed consent process, and we suggest strategies to address this problem. (shrink)

The codification of language has both its advantages and disadvantages, both its prospects and its limitations. It is possible to determine this not from linguistic, but from meta-scientific, namely philosophical positions. At the heart of the codification procedure is the creation of specialized dictionaries based on a particular national language. The language of science is also always built on the basis of a certain national language — even if this language later serves as the language of international scientific (...) communication (for example, English). At the same time, codification of the language of science should reproduce the most significant resources of natural language as a symbolic system, as well as develop the institutional potential of science based on the capabilities of language as an institution. The codification of language of science should perform three main functions: descriptive-classification, system-legitimation and projective-predictive. The language of science is the embodiment of the symbolic universe studied by social phe- nomenologists Peter Berger and Thomas Luckmann, and at the same time must correspond to the four main functions of the system of action, which were distinguished by Talcott Parsons. Codification is a relentless process that reflects and stimulates the development of language as a symbolic system, the meaning of which is set by specific language practices. The language of science is a set of all language practices of scientists in various fields, these practices must be harmonized through the codification of the language of science, while they constantly stimulate the renewal of codification of the language of science. It should be done through the creation of new practices and new scientific objects — and through the extrapolation of the application of existing terminology to new scientific fields as well. (shrink)

The intellectual organization of the sciences cannot be appreciated sufficiently unless the cognitive dimension is considered as an independent source of variance. Cognitive structures interact and co-construct the organization of scholars and discourses into research programs, specialties, and disciplines. In the sociology of scientific knowledge and the sociology of translation, these heterogeneous sources of variance have been homogenized a priori in the concepts of practices and actor-networks. Practices and actor-networks, however, can be explained in terms of the self-organization of the (...) cognitive code in scientific communication. The code selects knowledge claims by organizing them operationally in the various discourses; the claims can thus be stabilized and potentially globalized. Both the selecting codes and the variation in the knowledge claims remain constructed, but the different sub-dynamics can be expected to operate asymmetrically and to update with other frequencies. (shrink)

Historians of political thought tend to emphasize the continuous flow and transmission of concepts from one generation to the next, and from one place to another. Historians of Indian ideas suggest that India was governed with concepts imported from Europe. This article argues instead that the sense of rupture that British officials experienced, from both the intellectual history of Britain and Indian society, played a significant role in forming colonial political culture. It examines the practice of property law in late (...) eighteenth- and nineteenth-century Bengal. It suggests that the attempt to textualize and codify law in the 1810s and 1820s emerged from British doubts about their ability to construct viable forms of rule on the basis of existing intellectual and institutional traditions. The abstract and seemingly tone of colonial political discourse was a practical response to British anxieties about their distance from Indian society. It was not a result of the of a particular school of British thinkers. (shrink)

Bentham's central concern during the 1810s and 1820s was with the codification of the law. Rejecting both the common law and the historical approach to codification, he argued that a code of law should be based on a rigorous logical analysis of the categories of human action, and that each enactment should be followed by the reasons which justified it. Such an `all-comprehensive' code containing an `interwoven rationale' would signal a new era in legislation. Once one state had (...) adopted such a code, other states would be obliged to follow its example, and Bentham would become in effect 'legislator of the world'. Bentham attempted to persuade legislative authorities in the United States of America, Russia, Spain, Portugal, Greece, South and Central America, and elsewhere, to invite him to draft a code of law for them. The works presented in this volume record in fascinating detail Bentham's dealings with such eminent figures as James Madison, John Quincy Adams, Emperor Alexander I, Prince Adam Czartoryski, Alexander Mavrokordatos, Bernadino Rivadavia, and José del Valle. The production of a methodology for codification ranks as one of Bentham's outstanding theoretical achievements. Through the materials presented in this volume he emerges as a seminal figure in the development of liberalism throughout Europe and America in the early nineteenth century. (shrink)

The popularisation of drawing up codes that are addressed to various social groups is one of the features of the modern world. However, researchers of the phenomenon have not yet reached a consensus about the moral validity and utility of this activity. The article thoroughly reviews the Polish literature on the subject with regard to the reasons for taking a moderate stance on the codification of ethical standards. The essay describes the main concepts of ethical codes as well as (...) arguments for their approval and rejection. Attention is drawn to the ways of improving the effectiveness of codes and to the ethical decision-making procedure that reconciles the positions of the supporters and opponents of codification. (shrink)

With the introduction of the technique of auscultation in nineteenth-century medicine, the auditory became a most important means of producing diagnostic knowledge. The correct classification and interpretation of the sounds revealed by auscultation, however, remained an issue of negotiation and often controversy throughout the mid-nineteenth century. This article examines the codification of lung sounds within two cultural and geographic contexts: first, the original approach as it was developed by Laennec and his followers in Paris that came to be dominant (...) in French medicine, and second, the alternative approach that grew out of Joseph Skoda’s reception of Laennec’s method in Vienna and became widely adopted in the German-speaking world. On one hand, it will be argued that lung sound classifications attempted a standardization of the perception and the interpretation of auscultation sounds. On the other hand, it will be shown that the development of auscultation sounds was shaped by the local context in which it took place. This article seeks to shed light on the way in which auditory experiences were instrumentalized for epistemic purposes in medicine. Furthermore, it discusses the role of standardization both as a mechanism for the universalization of knowledge and as a contextually bounded practice. (shrink)

An attempt to make clear to the average reader some of the truths of Law & Jurisprudence.

In this article we consider certain elements of the normative theory of Jürgen Habermas in the light of the proposals of Bruce Ackerman, with a view to strengthening a concept of deliberative democracy applied to the legitimation of juridical rules. We do not construct a hierarchy of the two positions, but seek to bring together certain elements to achieve a common project. As the starting point for examining the work of the two authors, we take the scheme proposed by Habermas (...) in Faktizität und Geltung. In this connection, through the work of Ackerman, we intend to fill in some of the gaps that Habermas appears to have left in the theory of radical democracy applied to the law. The work of Ackerman can make a significant contribution to deliberative democracy, to the discourse principle that Habermas defines, and to the contractualist theories from a liberal perspective. The study of these contributions makes possible a critical judgment that enables the legitimation of juridical rules carried out by Habermas to acquire greater practicity. In examining the epistemological status of juridical science and law, we attempt to determine the weight and the performance of normative democracy. In Tarr's view, it is a matter for philosophers to examine direct democracy and its desirability. (shrink)

Depending on historical periods and individual perspectives, fencing has been defined in various ways. Indeed, fencing has been regarded as an art, and/or a science, and/or a sport, and/or a game. This paper shows that those various attempts to define fencing throughout history are strategies aiming to conceal the founding violence of fencing (although these strategies do not prevent the emergence of further forms of violence). The study demonstrates that these strategies pertain to semantics, to regulation and codification of (...) fencing, and to more recent phenomena which are linked to the deterritorialization of the practice of fencing. (shrink)

Arguments over the value of ‘extreme music’ and the use of highly controversial imagery within these genres have existed since its inception. Detractors claim that using extreme imagery such as fascist symbols, pornography and racially charged photographs inherently promotes the corrosive ideologies behind these images. Some purveyors of extreme music disagree, arguing that musicians use these images to explore humanity’s darker elements which, in turn, allow audiences to better understand these problematic aspects of modern society. When played out within underground (...) music communities, these arguments often devolve into name calling and accusations of censorship. However, by addressing extreme music on its own terms and critiquing the effectiveness of these genres, a more nuanced understanding of the issues intrinsically embedded within extreme music emerges. In this article, I employ this approach by exploring the music and imagery of power electronics band Whitehouse and argue that the ambiguous nature of their work partially mirrors the intention behind Paulo Freire’s concept of codifications. While this notion provides some defence for extreme music more broadly, the lack of venues that promote communal explorations of these images hinders the genre’s ability to achieve its own goals. (shrink)

The engineering profession has experienced some ethical cases that were rarely reported, scrutinized, or discussed because: they did not necessarily represent violations of existing codes even if they breached ethical principles; those within the organization were not prepared to take steps to address the issues or impose sanction; an/or some of the personnel associated with these cases resorted to silence to avoid being labeled as trouble-makers in their organizations and, perhaps, more broadly, in society. The goal of this paper is (...) to heighten managerial awareness of ethical issues, interrelated ethical lapses, and appropriate responsive actions within professional engineering communities. As such, the authors reviewed recent well-known professional and organizational ethical cases including impact of leadership role and existing standards, and critically analyzed interrelated literature. The paper’s case studies exemplify that because ethical issues are complex, intricate, and nuanced; bylaws are insufficient for establishing the inclusive culture for handling potential ethical situations. In fact, through what is known as the codification of ethics, it is possible that someone’s conduct can totally fulfill all professional responsibilities but still be unethical. As such, ethical leadership is needed to provide the means for establishing appropriate norms so as to set the proper structures for addressing the diverse ethical matters. Perceptions about the responses of leaders to potential ethical lapses are a critical factor in formulating, changing, and maintaining ethical values at the individual and organizational levels. A leader’s passive attitude toward ethical issues can be the signal for the ignored lapses to become the norm at not only the organizational level but also the society. Guided by the new Code of Ethics by the American Society of Civil Engineers, this paper aims to trigger the proper ethical behavior and expectations for the welfare of the engineering profession both in the present and future. (shrink)

This book contains the results of two European/American preparatory workshops for the First World Conference on Ethics Codes in Medicine and Biotechnology (October 1997, Freiburg, Germany) supported by the leading national institutions in the field. It aims to stimulate research about codes, the effects of codification and other forms of implementing ethics. It breaks new ground with interdisciplinary and international discourse on the subject, emphasising the need for a complete collection of codes for systematic research and evaluation and filling (...) the gap in literature on the subject to date. (shrink)

Drawing upon original manuscripts and The Collected Works of Jeremy Bentham, this collection represents the latest scholarship on Bentham's late and mature thought on constitutional law. The contributions cover a diverse range of major topics, from official aptitude or competency to the interests of women, and explore Bentham's writings on courts, codification, and cosmopolitanism. Together, its chapters challenge the received notion, based on early jurisprudential writings, that Bentham's constitutional thought is authoritarian, and show that Bentham, as a constitutional theorist, (...) offers a distinctive liberal perspective. Freeing Bentham's theories from their long sentences and unfamiliar terminology, these essays make accessible Bentham's subtle and important ideas on liberal democracy. By shining a light on Bentham's mature thought, this volume offers a refreshingly comprehensive, detailed, and authentic account of Bentham's theory of democracy. (shrink)

Este artículo aborda la cuestión de la visibilidad del samā‘ en la literatura de los manāqib, los diccionarios biográficos, los manuales de sufismo y la producción jurídica del Magreb de los siglos VII/XIII a X/XVI. Se examinan las formas atestiguadas de esta práctica, en los madyanī, šāḏilī, rifā‘ī y los ‘Arūsiyya-Salāmiyya, en los círculos literarios de Túnez, Qairawān, el litoral de Ifrīqiya y el área tripolitana. Se explora la gran variedad de posicionamientos de los juristas magrebíes con respecto a esta (...) práctica, así como los intentos de dilucidar, por parte de las autoridades sufíes, los fundamentos escriturales, doctrinales y éticos del ḏikr y el samā‘ que han jalonado los procesos de codificación de estas dos prácticas. A pesar de la desconfianza generada por las «innovaciones», consideradas blasfemas y estigmatizadas por algunos šayjs que recomendaban la supresión de estas prácticas, percibimos más bien una intención de regular, de prevenir, más que de prohibir dichas prácticas. El samā‘, más allá de las palabras utilizadas para designarlo, parece ser una práctica dotada de una gran capacidad de resistencia; su importancia atestigua su resonancia en las experiencias de santidad en el Magreb a lo largo de la Edad Media. (shrink)

At the beginning of the year, the Draft Common Frame of Reference (DCFR) was published. The text is the result of the work of a broad range of private law scholars from the Member States of the European Union, and it presents itself as an ‘academic’ document, committed to the precepts of scholarship rather than politics. Notwithstanding its unwieldy name, the text is nothing less than the draft of the central components of a European Civil Code. The following article aims (...) to inform the reader about this potentially important document and to initiate further academic debate about it. Following an overview of the genesis and content of the DCFR (Part 1), the discussion focuses on whether, and to what extent, it is based upon consistent and convincing core aims and values (Part 2). The article then proceeds to address, more specifically, the significance of private autonomy, and it examines the extent to which the proposed rules satisfy the requirements of legal certainty and legal clarity (Part 3). Thereafter, the DCFR is measured against the criteria of internal consistency and systematic integrity (Part 4). Also (Part 5) the question is asked whether the Draft critically reflects and convincingly integrates the sources on which it is based (that is the Lando Commission's Principles of European Contract Law and the Acquis Principles, as well as the private law traditions of the Member States). Also deserving of attention is the inclusion of more than 120 definitions of central concepts of private law, which are not to be found in this form or level of detail in either the Lando Principles or the national private laws (Part 6). (shrink)

The diverse ways that extreme climate events are expressed at the local level have represented a challenge for the development of transgenic “climate-ready” seeds. Based on the Argentinean “HB4” technology, this paper analyzes how ignorance and a sunflower gene are mobilized to overcome this difficulty in soy and wheat. HB4 seeds can be understood as myopic: the technology does not obstruct the capacity of soy and wheat plants to sense droughts, but it prevents their natural reaction, which would be to (...) put a halt on crop production and redirect their energy toward survival. Plants thus become “short-sighted” to droughts. Informed by ignorance studies and by the immunological concept of tolerance, this paper analyzes HB4 myopia as a type of nonhuman ignorance: an asset that allows plant breeders to achieve varied plant responses to droughts and to encode their capitalist values into plants’ DNA. Moreover, ignorance becomes a molecular commodity that can be selected, transferred between organisms, and traded in markets. HB4’s prioritization of production resonates with other technologies of climate adaptation and mitigation that do not promote structural changes to the capitalist system. (shrink)

Despite the historical and contemporary significance of the Sharia, it has not yet been possible to solve the puzzle of its origins. Whereas previous research has postulated a greater or lesser degree of endogenous Islamic development, the present study reaches a different conclusion, namely that at the end of the 8th century Muslim state lawyers in Baghdad codified an Islamic "Imperial Law", oriented strongly towards Roman-Byzantine law. It is part of an Islamic-Byzantine context, and can only be explained against this (...) intercultural background. (shrink)

This article analyzes the treatment of music in Buddhist monastic life through the rules on music in Buddhist canon law within the six extant traditions, which are preserved in Chinese, Tibetan, Pāli, and fragmentary Sanskrit manuscripts. These texts distinguish and differentiate instrumental and vocal music, presenting song, dance, and instrumental music as a triad and further subdividing vocal music into reciting, chanting, and singing. The performance and consumption of singing is strictly prohibited. Regulations on chanting and recitation are mutually exclusive (...) and context dependent. Chanting is required on two occasions: when one praises the Buddha’s virtues and when one performs the Tridaṇḍaka ritual. Chanting is prohibited on three other occasions: when one recites the Prātimokṣasūtra and other ordinary Buddhist texts, and when one preaches Dharma. These regulations demonstrate that text and context are decisive in determining what forms of vocal music are appropriate in Buddhist practice. The use of embellished chanting is reserved for performing rituals whose primary goal is to please divine recipients but must be prohibited when clear articulation is expected for educating the audience. Given that making or consuming vocal music is not a criminal offense, yet is strictly regulated, I argue that the establishment of Buddhist canon law was compelled by a pressing demand to demarcate and maintain a social boundary between the Buddhist monastic order and the lay community of adherents. (shrink)