La maternidad subrogada constituye uno de los temas más controvertidos entre los muchos de esta índole que afectan al uso y disposición del cuerpo de la mujer. Razones de índole ética, sociológica y jurídica convergen para argumentar a favor y en contra de una práctica que, queramos o no, se halla cada vez más extendida. Al igual que sucede en otros temas relacionados con el cuerpo femenino, como el aborto o la prostitución, las diferentes posturas están cada vez más distanciadas (...) y los márgenes para alcanzar puntos de encuentro resultan demasiado estrechos. Estamos convencidas de que el primer deber académico es huir de una neutralidad simple que a todos contente; pronunciarse con argumentos es la tarea que nos corresponde y el que, a sabiendas del riesgo que corremos y de que nuestra postura tampoco puede ser definitiva, este trabajo pretende. (shrink)

This paper describes the evolution of the family role face – specifically, the roles of father, mother and child – in a concrete period of the Spanish social history -from the end of 19th century to the 1960s. To achieve this goal, a corpus of theater plays is analyzed from a functional and pragmalinguistic perspective in a socio-historical context. The focus is on the quantitative and qualitative analysis of the projection of role face in the expression of directive speech acts (...) and their possible modulation through two pragmatic strategies: mitigation and intensification. Based on the results of the analysis, a sociopragmatic interpretation is carried out by identifying the connection between the choice of pragmalinguistic strategies and the need of the speakers’ autonomy face and affiliation face in different roles as family member in the given period. The results point to a progressive solidarity in father-child relationships during this period. On the one hand, that is based on the erosion of the authoritarian component of parental roles. On the other hand, it is anchored in the consolidation of proximity, closeness (‘confianza’) and affectivity. From a methodological point of view, the present study confirms the possibility of characterizing a sociopragmatic aspect (role face) on the basis of pragmalinguistic elements, i.e. the linguistic expression of directive speech acts, and its modulation through mitigation and intensification. (shrink)

Este artículo1 explora dos obras cinematográficas guatemaltecas, Polvo (2012) y Nuestras madres (2019), dirigidas por Julio Hernández Cordón y César Díaz correspondientemente. En ambos largometrajes la denuncia sobre la violación de derechos humanos durante el pasado conflicto armado guatemalteco, la búsqueda de padres o familiares desaparecidos y sus secuelas en las víctimas constituyen la temática central. Por tanto, el análisis se centra en la importancia que tiene la búsqueda del padre desaparecido en los hijos, quienes, a raíz de (...) esta vivencia traumática, experimentan un vacío identitario, así como estragos individuales provocados por la falta de la figura paterna. Por otro lado, también se analizan el trauma y el silencio de las madres sobrevivientes como remanente del miedo/terror experimentado durante el conflicto armado, pero también como un mecanismo de protección para sus hijos. En especial, el análisis se auxilia teóricamente con el extenso trabajo realizado por el sociólogo uruguayo Gabriel Gatti sobre la desaparición forzada. 1 Este ensayo forma parte de una serie de proyectos de investigación y se realizó con el apoyo de la beca Volgenau de la Academia Naval de Estados Unidos. (shrink)

Although the same environmental regulations apply to all regions in China, legal enforcement can be different due to local economic development priorities. There is still a lack of knowledge about how regional disparities affect the operating performance results of the implementation of corporate environmental management practices, thus providing little information for foreign companies when they invest and develop their production base in China. To fill this research gap, this paper collects data from the Fortune 500 Chinese firms to investigate the (...) moderating role of regional disparities in affecting the performance results of corporate environmental management efforts based on the institutional theory. The disclosed corporate environmental responsibility practices serve as proxy to represent corporate environmental management practices. Content analysis approach was applied to collect and analyze CER practices published in the corporate reports of Chinese manufacturers. The results show that CER has a positive impact on operating income, while regional disparities influence the relationship between CER and corporate operating income. Specifically, CER and operating income are positively related in Eastern China; on the contrary, they are negatively related in Western China. This paper adds to the body of knowledge about environmental discrepancies in the same emerging economy, and provides insights for systematic consideration in terms of the issues of government environmental regulations and corporate environmental strategies. (shrink)

Tomando como punto de partida el artículo 27.7 de la Constitución Española, que reconoce expresamente que "los profesores, los padres y, en su caso, los alumnos intervendrán en el control y gestión de todos los Centros sostenidos por la Administración con fondos públicos, en los términos que la ley establezca", nuestro sistema jurídico educativo ha venido estableciendo un marco de actuación de los conocidos Consejos Escolares de los Centros, marco que lejos de haber permanecido inalterado desde la Ley Orgánica (...) reguladora del Derecho a la Educación (19885), he evolucionado llamativamente con el transcurso de los años, a través de las sucesivas Leyes orgánicas: Ley Orgánica de Participación, Evaluación y Gobierno de los Centros (LOPEG, 1995), Ley Orgánica de Calidad de la Educación (LOCE, 2002) y Ley Orgánica de Educación (LOE, 2006. (shrink)

Assisted conception can be distinguished from assisted gestation.1 These processes have tended to be grouped together under the generic term assisted reproductive technology in the bioethical literature. According to Chloe Romanis, however, it is worth distinguishing interventions such as surrogacy, uterus transplantation, and potentially artificial placenta technology, as falling under the genus assisted gestative technologies. This is because gestation carries unique ethico-legal implications as compared with conception. The proposed genus of assisted gestative technologies is a helpful first step in the (...) endeavour to distinguish between the different ethico-legal landscapes across various ‘assisted reproductive technologies.’ I am generally in favour of adopting AGT as a term which separates various forms of gestational services from other kinds of reproductive technologies. Yet, if assisted gestative technologies can be considered a genus of assisted reproductive technologies, we might consider surrogacy, UTx, and artificial placenta technology their individual species. Between these various species of AGTs, I would argue, there remains enough ethico-legal diversity to warrant independent discussion about the descriptive and normative functions of each AGT and the relationship between gestation, genetic relatedness and legal/moral parenthood. Chloe Romanis claims that legal and social issues about attribution of parenthood and the importance that might be placed on information about gestational origins affect all forms of AGTs.1 I take it ethical ambiguities arise because the relationship between who gestates, genetic relatedness to the prospective child, and claims to legal/moral parental responsibility can be disrupted or made ambivalent with the involvement of third-party support. For many of those who do not require reproductive assistance, the gestational labour, genetic relatedness and parental responsibility would traditionally …. (shrink)

Purpose of the paper is to establish the emergence and evolution of a gender problematics from the foundations of classical philosophy, namely, from the phenomenon of will-to-truth as the spontaneous desire of man to understand the life. To achieve this purpose, the following tasks are solved: 1) to investigate the way in which philosophy constitutes itself; 2) to establish how the category of "sex" manifests, both in the natural and in the social contexts; 3) to determine the correlation of gender (...) studies and philosophy. Theoretical basis. If for the methodology of gender studies it is inherent to proceed from the contextuality and value foundations of knowledge, then in this paper gender is considered directly from the being-in-world, human presence. Originality. The distinction between will-to-truth and will-to-knowledge, conducted for the first time by Michel Foucault, is used as a method by which the ontological demand of sex is revealed. Conclusions. As a result of the study, it was found that scientific developments in the field of gender issues in their subject matter are not mainly descended from subject sphere of classical philosophy. Sex is not substantiated metaphysically, and it is ontical, not ontological attribute of the human kind; its presentation as the determining factor of the cultural history in context of femininity/masculinity dichotomy is biased. This quality is similar to Nietzsche’s will to power, i.e., determination of definite knowledge that is later used in legal, socio-political discourse, corrects language practice, determines scientific researches making them dependant on axiological component of culture. As the social justice problem is solved, gender as the subject of social study loses its actuality. (shrink)

If a hereditary predisposition to colorectal cancer or breast cancer is diagnosed, most guidelines state that clinical geneticists should request index patients to inform their at-risk relatives about the existence of this condition in their family, thus enabling them to consider presymptomatic genetic testing. Those identified as mutation carriers can undertake strategies to reduce their risk of developing the disease or to facilitate early diagnosis. This procedure of informing relatives through the index patient has been criticised, as it results in (...) relatively few requests for genetic testing, conceivably because a certain number of relatives remain uninformed. This pilot study explored attitudes toward informing family members and relevant practices among clinical geneticists. In general, clinical geneticists consider it to be in the interests of family members to be informed and acknowledge that this goal is not accomplished by current procedures. The reasons given for maintaining present practices despite this include clinical ‘mores’, uncertainty about the legal right of doctors to inform family members themselves, and, importantly, a lack of resources. We discuss these reasons from an ethical point of view and conclude that they are partly uninformed and inconsistent. If informing relatives is considered to be in their best interests, clinical geneticists should consider informing relatives themselves. In the common situation in which index patients do not object to informing relatives, no legal obstacles prevent geneticists from doing so. An evaluation of these findings among professionals may lead to a more active approach in clinical practice. (shrink)

In early 2017, Nevada amended its Uniform Determination of Death Act, in order to clarify the neurologic criteria for the determination of death. The amendments stipulate that a determination of death is a clinical decision that does not require familial consent and that the appropriate standard for determining neurologic death is the American Academy of Neurology’s guidelines. Once a physician makes such a determination of death, the Nevada amendments require the withdrawal of life-sustaining treatment within twenty-four hours with limited exceptions. (...) Neurologists have generally supported Nevada’s amendments for clarifying the diagnostic standard and limiting the ability of family members to challenge it. However, it is more appropriate to view the Nevada amendments with concern. Even though the primary purpose of the UDDA is to ensure that all functions of a person’s entire brain have ceased, the AAN guidelines do not accurately assess this. In addition, by characterizing the determination of death as solely a clinical decision, the Nevada legislature has improperly ignored the doctrine of informed consent, as well as the beliefs of particular faiths and cultures that reject brain death. Rather than resolving controversies regarding brain death determinations, the Nevada amendments may instead instigate numerous constitutional challenges. (shrink)

I. El destino del normativismo en la ciencia jurídica contemporanea.--II. El fundamento de la seguridad social.

La Filosofía del Derecho contemporánea plantea retos importantes, que según Carla Faralli se sistematizan en dos. Por una parte, la apertura a los hechos; y por otra a los valores políticos y éticos. La tradicional conversación del iusnaturalismo con positivismo y el realismo jurídico parece haber sido superada, especialmente después de la obra de Hart. Y en este periodo, lo cierto es que las consecuencias del realismo jurídico han derivado en modos de proponer el concepto, aplicación e interpretación del Derecho, (...) mas ajustados con la realidad. En este sentido, la apertura a la economía, protagonizada por el análisis económico del Derecho; la critica abierta al análisis económico llevada a cabo por el movimiento Critical legal Studies; y las argumentaciones de Derecho y Literatura ofrecen alternativas importantes, que se analizan en este articulo. (shrink)

By the time this essay is published, it will be a matter of weeks before doctors and nurse practitioners in Canada can legally end the lives (by medical assistance in dying, or MAID) of non-dying p...

Bayʿ al-wafā is a fatwa issue (waqıʿat/nawazil) in the form of a legal solu-tion (hīla al sharʿiyyah), the legal nature of which was intensely debated by Central Asian Hanafi jurists. This contract appears to be a practice by which Muslim communities living in Central Asia, particularly in Bukhara and Samarkand, were able to conduct their debt relations without involving interest. The initial assessments regarding the legal nature of bayʿ al-wafā, for which there is no transmission from the founding imams, emerged (...) in the fatwas of Central Asian Hanafi scholars in the 4th/10th century. Subsequently, from this century, when the first examples of fatwa literature were penned, to the 6th/12th century, when the most advanced and influential examples were produced, there were many different opinions on the legal nature of this contract according to the Hanafī doctrine. In this study, based on the fatwa literature that emerged between these centuries, the chronological development of opinions on the legal nature of the bayʿ al-wafâ contract has been examined. Furthermore, this study also addresses the fundamental trends that have led to different assessments on the subject and identifies the subordinate and opposing views concerning it. (shrink)

Grown up as versatile people, Ottoman intellectuals had holistic views towards science, art and literature, and wrote in a variety of disciplines. It was not uncommon for a mathematician to write in philosophy, for a ḥadīth (report of the words and deeds of the Prophet) scholar to write history books, for a statesman to be busy with calligraphy or for a Shaykh al-Islām (the highest ranking Islamic legal authority) to have a “Dīwān” (a collection of poems). However, possibly due to (...) specialization-based scientific understanding of modern researchers, one side of these people generally came to the fore and some capabilities of them remained unknown. Grown up in Istanbul, capital town of Ottoman Empire, in late 16th and early 17th centuries, Okchuzāde Mehmed Shāhī was also one of these personalities called “hezār-fan” (polymath). Mehmed Shāhī served in top level offices of the State, was busy with art and literature, and became known for inshāʾ (composition) kind of works written with elaborate prose. Mehmed Shāhī earned a deserved fame with these capabilities and he was also a poet. Indeed, due to poems he wrote in his early ages, he was noticed by some biography writers about poets and his poems were mentioned in some anthologies. In addition to poetry anthologies, he had some classical works, and some couplets, quatrains and verses included in his prose works. In the present study, a collection and evaluation of poems by Mehmed Shāhī were presented.Summary: Ottoman statesman Okchuzāde Mehmed Shāhī was born in 1562 AD (970 AH) in Istanbul. He was son of Okchuzāde Mehmed Pasha (d. 995 AH/1587 AD) and served as Kātib (scribe), Defterdār (treasurer), Reīs-ul-kuttāb (chief of the scribes), Governor General of Cyprus and Aleppo. His real name was Mehmed, but he was mentioned in different sources by names such as Mehmed Bey, Mehmed Shāh, Mehmed Shāhī, Mir Mehmed Shāhī and Okchuzāde Mehmed Shāhī. Starting at a young age, he was well educated in madrasah (college). With his vibrant character and superior genius, he came to the forefront among his peers. He was educated under the supervision of Māʿlūlzāde Nakīb Efendi (d. 993 AH/1585 AD) and graduated in 988 AH/1580 AD at the age of 18. When Nakīb Efendi became Shaykh al-Islām in the same year, he started his official duty as Dīwān-ı Humāyūn (imperial council) secretary. With the duty of Executive Assistant, he became the secretary of Damad İbrahim Pasha who started to his office in 1004 AH/1596 AD. He worked under the patronage of the Pasha until Pasha’s death in 1010 AH/1601 AD. Mehmed Shāhī succeeded Musa Chelebi as Reīs-ul-kuttāb and Basdefterdar (chief treasurer) in 1005 AH/1596 AD, and was appointed as title deed and cadastre director in 1006 AH/1597 AD. However, he was dismissed from this duty and was included among the officials to join military campaign. He was prosecuted and tried for imprisonment for the accusation of coming to Istanbul without permission. He succeeded Hamza Pasha as Nishanci (high-ranking bureaucrat) in 1007 AH/1599 AD and was assigned to military campaign. Mehmed Shāhī was dismissed from his duty in 1008 AH/1600 AD. Although he was reappointed to his duty in the same year, he was dismissed again in 1010 AH/1601 AD. While Hamza Pasha was reappointed to his office, Mehmed Shāhī was not assigned to any duty. He succeeded Murad Efendi as the Defterdar of Egypt in 1013 AH/1605 AD. After this duty, one of the vassal Sanjak (administrative district) Beyliks (principalities) in Egypt was given to him. When vassal Sanjak Beyliks were abolished by Kara Mehmed Pasha, Beylerbeyi (governor) of Egypt, in 1016 AH/1608 AD, he returned to Istanbul. He was not appointed to an office for a long time. In 1029 AH/1620 AD, he was appointed as title deed and cadastre director in 1029 AH/1620 AD, and became Nishanci again in 1030 AH/1621 AD. He served in military campaign to Poland, but was dismissed from this duty during the campaign. He was appointed as Nishanci for the fifth time during the second reign of Sultan Mustafa (1622-1623). He was dismissed in 1033 AH/1624 AD and retired. In early 1039 AH/1630 AD, he died at the age of 69 in Istanbul. His tomb is near Ekmekchioghlu tomb in the vicinity of Sunbul Efendi.What is known about his family is limited to his son named Vakʿi Ahmed Efendi (d. 1060 AH/1650 AD). Ahmet Efendi learned Naskh, Thuluth and tevkīʿi types of calligraphy styles from his father. He served as anthology writer for Shaykh al-Islām Bahāī Efendi. He died in 1060 AH/1650 AD when he was serving as teacher in Sulaymaniyah Madrasah. His tomb is around Shaykh Vefa tomb.In addition to his administrative duties, Mehmed Shāhī was also interested in poetry, prose, calligraphy, mysticism, ḥadīth and tafsīr (exegesis). Possibly also due to his dismissal of duties many times in his life, he produced many works. Among them are Aḥsan al-ḥadīth, an-Naẓm al-mubīn fī āyāt al-erbaʿīn, al-Maqām al-Maḥmūd, Tarjuma-i Tuḥfa as-ṣalavāt, Jāmiʿ al-ghāyāt, Mukhtār al-akhyār, Qānūn-i Jadīd-i Arāḍi, Munsheat ve Dīwān. Famed for his prose works, the author was also a poet. With his couplets which he wrote under pseudonym of Zaynī, he managed to get on the anthology of Kınalızāde at his twenties. He was celebrated with the expression of “Arrow of word from his bow of soul has reached the target of approval from masters; he is at a young age (at his twenties)”. Subsequently adopting pseudonym of Shāhī, the poet had some poems published within the works of Beyānī, Nevʿizāde and Mustaqimzāde as well as within his own prose works. Mustaqimzāde even mentioned that Mehmed Shāhī had a dīwān. Nevertheless, this work of him has not been found yet. A total of 30 poetry works of Mehmed Shāhī were found in various sources, except for his translations of 40 ḥadīth and 40 Qur’ān verses written in poetry. Of his 30 poetry works, 26 were written in Turkish and 4 in Persian. Various sections of ʿarūḍ (meter) were used in these works written as couplets, quatrains and verses. It could be stated that his poems rich in Persian and Arabic words had a rich rhyme frame. In his poetry works in which religious, literary, historical, legendary and mysticism themes were worked, concepts and figures such as Allah, the Lord, Messiah, Messenger, Risālet (messengership), intercession, Kāfūr al-Ikhshīdī (966-968), Mustaʿsim (d. 656 AH/1258 AD), Ibn Alkamī (d. 656 AH/1258 AD), Naṣīr-i Tūsī (d. 672 AH/1274 AD), Jamshīd, Keyumars, Uftade, Hudāyī, Majūsī, Kizilbash, Bayramī and muftī (jurist capable of giving a formal legal opinion). His poems were about intercession demand from the Messenger (PBUH), sin of serving to Persian, importance of an invention, praise of Uftade Sultan (d. 988 AH/1580 AD), effect of prayer, fate of administrator favoring his relatives, futility of envying the rich, importance of fighting with Zoroastrian, benefits of exhibition of sorrow, value of skillful people, resembling of the world to a bride with a thousand grooms, beauty of eloquence, ignominy of leaving chastity for lust, asking for forgiveness for sins, talent of understanding the words, not giving quarter to enemies, praise of Hz.ʿUmar, humbleness, value of lack of worldly things, sufferance due to the beauty of the beautiful, needing not to wonder why the beloved one is far away, evil of protecting the snot, richness of Arabic language, deeds of Anatolian fāḍils (virtuous), importance of endeavor in succeeding the closeness to God and respectability of ʿAzīz Maḥmūd Hudāyī (d. 1038 AH/1628 AD). Okchuzāde Mehmed Shāhī was an Ottoman statesman who also earned a well-deserved fame for his works written in inshāʾ (composition) genre of elaborate prose. In addition, he also had poetry works. Praised for the poems which he wrote in his early ages by anthology writers who included his poems in their anthologies, the poet also had some couplets and quatrains scattered among his own prose works. His poems in the form of couplets and quatrains within abovementioned works mostly were about religious, literary, legendary, historical and mysticism themes.Mehmed Shāhī was knowledgeable in tafsīr, ḥadīth, mysticism and calligraphy, and had good levels of Arabic and Persian. Writing poems in Persian, Mehmed Shāhī was decorated his prose works with Arabic expressions such as Qur’ān verses, ḥadīths and proverbs. It could be stated that such decorations made the language of his poems more difficult. Nevertheless, his poems are plainer and easier compared to his prose works. The poet who also had lyrical poems generally preferred ḥikamī (sapiential) style and wrote genres such as munacaat (prayer to God), shafaatnāme (intercession epistles), historical quatrain, medhiye (panegyric) and hicviye (epigram). His poems in anthologies were lyrical, those in Aḥsan al-ḥadīth and an-Naẓm al-mubīn were didactical and those in Munsheat were epic. Based on an evaluation of these poems, it could be stated that he was a poet with a style, though not a poet of first class. (shrink)

Most jurisdictions require that a mental capacity assessment be conducted using a functional model whose definition includes several abilities. In England and Wales and in increasing number of countries, the law requires a person be able to understand, to retain, to use or weigh relevant information and to communicate one’s decision. But interpreting and applying broad and vague criteria, such as the ability ‘to use or weigh’ to a diverse range of presentations is challenging. By examining actual court judgements of (...) capacity, we previously developed a descriptive typology of justifications used in the application of the Mental Capacity Act criteria. We here critically optimise this typology by showing how clear definitions—and thus boundaries—between the criteria can be achieved if the ‘understanding’ criterion is used narrowly and the multiple rationales that fall under the ability to ‘use or weigh’ are specifically enumerated in practice. Such a typology-aided practice, in theory, could make functional capacity assessments more transparent, accountable, reliable and valid. It may also help to create targeted supports for decision making by the vulnerable. We also discuss how the typology could evolve legally and scientifically, and how it lays the groundwork for clinical research on the abilities enumerated by the MCA. No data are available. This paper does not report any original data. (shrink)

Theories of legal causation that identify the concept with probability‐raising generate false positives where the defendant's conduct raises the probability of harm but brings about that harm in the wrong kind of way. Moreover, what the law seeks to deter is not conduct that raises the probability of harm, but rather conduct that is dangerous. A legal or proximate cause is one that harms the plaintiff through the causal mechanism that sustains the lawful generalization that the defendant's conduct was dangerous.

Shavelson et al. (2023) raise the familiar question of parity or fairness in the assisted dying1 debate: if we legally permit the practice for one person, should we not permit everyone similarly si...

Abrogation (naskh) is one of the controversial themes of Islamic studies, especially in later period that of principle of exegesis (uṣūl al-tafsīr). However, the recent studies on abrogation (naskh) do not offer a comprehensive analysis on the concept. In fact, the problem of naskh (abrogation) is in need of a systematic and holistic approach, which would only be possible with a detailed study on how the concept of abrogation (naskh) is understood in Islamic interpretive tradition (tafsīr). With this purpose in (...) mind, this article intends to examine two points regarding the term abrogation: first, the article will offer a analytical reflection on the diverse views of naskh, and then it will highlight how Ibn Kathīr (d. 1373) understood and applied this term to his hermeneutical framework. By doing so, the present study aims to show Ibn Kathīr’s position in Islamic interpretive tradition on the matter of naskh. The key conclusion of this study is that although Ibn Kathīr is one of the representatives of the traditional riwayah (sound transmission through a chain of exegetes) exegesis, he advances his interpretive hermeneutics with multiple aspects that also involves dirayah (personal opinion) exegesis (tafsīr). SUMMARY The problem of naskh (abrogation) is one of the most important and controversial themes of science and principle of exegesis (ʿilm wan a-l uṣūl al-tafsīr) in Islamic tradition. In order to understand naskh, which is claimed to be occurred in the Qur’ānic text, it is necessary to involve the time of the revelation of the Qur’ān. An analysis of this period reveals that first Muslims regard the naskh as a natural process of the revelation and do not dispute over this matter. In other words, the controversial theme naskh is perceived by first addresses of the Qur’ān as a hermeneutical characteristic of the Qur’ānic revelation. Therefore, naskh was not considered as a controversial concept and debated its origins based on the question whether it organically belonged to the revelation. It will be clear that the different views on naskh (abrogation), particularly after the time of the Companions is not a conceptual problem; rather Muslim scholars differed in their methodological approaches to naksh. Naskh has not been questioned as a concept in early Islamic tradition. Rather it has gradually developed over the centuries. Naskh has been elaborated with the terms of uṣūl al-fiqh (principles of Law), such as takhṣīṣ (specification) and taqyīd (restriction) and its conceptual meaning has been extended after, particularly Abū ʿAbdullah Muḥammad b. Idris b. ʿAbbas al-Shāfiʿī (d. 820). To sum up, naskh is regarded with a methodological perspective. However, in the field of Turkish Islamic studies, especially after the Cumhuriyet, the term naskh is not regarded as a natural consequence of the process of tanzīl (revelation of the Qur’ān) neglecting the gradual aspect of revelation and the disputes over the term has been concluded either rejecting or simply accepting this concept without providing a satisfactory result on the matter. This article examines one of the most prominent Muslim exegete Ibn Kathīr’s (d. 1373) approach to the problem of naskh in the context of previous modern scholarship on naskh (abrogation). However, the analysis of Ibn Kathīr’s perception of naskh does not claim to be exhaustive on the matter. This requires a more comprehensive study on the concept of naskh, which is clearly beyond the scope of this article. Therefore, the present study intends to specifically focus on general aspect of Ibn Kathīr’s understanding of naskh and how his perception is presented in modern studies. When Ibn Kathīr’s commentary is analysed, it becomes clear that his understanding of naskh is significant and not necessarily in line with his riwayah (sound transmission through a chain of exegetes) tafsīr (exegesis). For example, he notes the dates between abrogating and abrogated Qur’ānic verses and claims that it is necessary to find certain proofs to validate the claim of abrogation (naskh) for particular legal judgments and verses, which clearly shows that Ibn Kathīr approaches to the problem of naskh with a methodological perspective. Ibn Kathīr’s interpretation of the well known Qur’ānic verse Q 2.106 in a different sense and most importantly his consideration of the matter only in the Qur’ānic context are clear examples of his methodological approach. His interpretation of Q 2.106 simply shows that he meticulously distinguish between the acceptance of naskh as a concept and as an interpretive method. The modern studies on naskh, on the contrary, consider the matter only on the base of a conceptual analysis. Ibn Kathīr prefers to transmit the traditional opinions based on personal interpretation and interprets some Qur’ānic verses. This is clearly his method of re-interpretation based on rational thinking (taʾwīl). His way of rational reasoning leads Ibn Kathīr to the rejection of naskh (abrogation) and the restriction of Qur’ānic verses that are related to the theory of abrogating and abrogated verses (nāsikh-mansūkh). This clearly proves that Ibn Kathīr does not merely adopts and employs the method of riwayah, which is contrary to the supposition that he is the exegete of a commentary that heavily draws on hadith reports and transmitted traditional reports. In fact, this most importantly shows that Ibn Kathīr’s Qur’ān commentary can also be regarded as a dirayah (personal opinion) tafsīr (exegesis) and that there are enough material in traditional Muslim Qur’ānic exegesis to re-analyse the problem of naskh (abrogation). Relying on this last point, this article argues that a comprehensive analysis of naskh requires a research on the traditional interpretive sources. Therefore, it might be helpful to reconsider the matter of naskh with its conceptual background in the works of traditional Muslim exegetes rather than focusing only on whether the concept naskh exits or not in the origins of the Qur’ānic revelation. At this point, an analysis of Ibn Kathīr’s perception of naskh and his rational reasoning that is employed in his commentary will contribute to the understanding of the theory of naskh (abrogation) in the tradition of Qur’ānic exegesis. (shrink)

Basic characteristic of Islamic heritage law, principally it has accepted the two-to-one ratio between the male and the female children/siblings in division of heritage. In Islamic inheritance law, the main/basic reason why the share of the male is twice the share of the female is no “value” judgments given to female/women in creation and gender in Islam, on the contrary, are real realities related with the roles and financial obligations that man and woman have undertaken, in other words, related with (...) “socio-economic structure/fact” in the family and society structure foreseen by Islam. As a matter of fact, “need principle” is based on in division and succession of heritageand a fair arrangement has been made in accordance with the rights and responsibilities of the husband and wife in Islamic Law. In some classical tafsīr books, the concept of “degree” in the verse “... Men have a degree (right) over women” (Al-Baqara 2/228) mentioning the mutual rights and responsibilities of women and men; and the expression of “lil al-dhakari mithlu haẓẓ al-unthayain” in the verse –the inheritance of man is the share of two women– (Al-Nisā 4/11) mentioning the inheritance shares of boys and girls is interpreted against the woman by disregarding the intended purpose and socio-economic contexts of these verses. As a result of this interpretation, the share of men in inheritance is twice the share of women in Islamic law is ontologically (existential/creation) based on a justification that “man is superior to woman”. In this article/study, an analyticallook atthe interpretations in some classical tafsīr books on the axis of “daraja/degree” and “lil al-dhakari mithlu haẓẓ al-unthayain” that today sheds light on the sociological-historical background of depriving the daughter from the heritage will be made. Summary: Just as there is no way to determine a person’s sex, it is not either possible by reason to have such an opportunity. - With the possibility of medical intervention nowadays - sex is determined by the discretion of the Supreme Creator rather than will. Indeed, it is mentioned in the Qur’ān: To Allah belongs the dominion of the heavens and the earth; He creates what he wills. He gives to whom He wills female [children], and He gives to whom He wills males (Al-Shūrā 42/49.)In addition to human biological sex, there is also social gender. Indeed, the term “sex” refers to being biologically female or male, while the term "gender" refers to the social and cultural identity of a woman or man, or the social roles that occur in the historical process.Accordingly, while it is not possible to determine biological sex (in normal circumstances in advance), determining gender is shaped by the cultural will of individuals and societies. As a matter of fact, gender is shaped according to the religions, customs and cultures of the societies and it shows differences according to time, culture and family structure. In this context, in the pre-Islamic Arab society, the gender of the girl or the woman was shaped by the custom of the ritual and customs. Indeed, it is a known fact that during the period of Jahiliyyah, in terms of social gender, the girl/woman has been deprived of many social and economic rights, especially heritage. The Qur’ān has brought the girls who, in the period of Jahiliyyah, were oppressed in terms of gender, deprived of many social and economical rights, treated as second class human, embarrassed of themselves and buried alive, to the same position as man. In this context, as it is in every field in the direction of social structure and social conditions of that day, also in the field of inheritance law, a number of regulations were made in the Qur’ān and the Sunnah being the main sources of Islam. The divisions of the inheritance were connected with religious and legal rules and the shares of the inheritance of the sons and daughters were determined by naṣṣ (verses and hadiths).However, in Islamic inheritance law, as a requirement of the structure of family and society accepted by Islam, in principle, “two-to-one” measures have been adopted between male and female children. As a matter of fact, in this aspect, it is mentioned in the Qur’ān: Allah instructs you concerning your children: for the male, what is equal to the share of two females (Al-Nisā 4/11.)On one hand, the principle that Islamic law brings between boys and girls; Seems to be an inequality in terms of the arrangement in which "the inheritance share of the male child is twice the share of the female child", while on the other hand, within the border of in the family foreseen by Islam, this regulation has not been seen as an injustice and inequity by Muslim societies, because in Islamic family law, a man is obliged to ensure the livelihood of the family after marriage. He is also obliged to give his wife her mahr when marrying.In Islamic inheritance law, “necessity principle” is taken as the basis of responsibility that women and man have undertaken in family and society. Therefore, even though giving nothing at all to those who are not in need and giving less to those who are in less need, giving too much to those who are in much need might seem contrary to the principle of equality, it is a necessity of the principle of justice and fairness. As a matter of fact, while "law equality, necessity in sharing" principle, law is arranged according to people's qualifications, goods and wealth sharing is divided according to the needs of people. In this context, there has been a fair division in Islamic heritage law based on the necessity, (distributive) justice and fairness principle. Indeed, the French philosopher Roger Garaudy (1913-2012), who chose /converted to Islam, evaluates the following about the proportion of male child in the Qur'an to that of female child: “When we consider that in the Arab society all the obligations of the family and of the care of the parents and of all the things that we call ‘social security’ today are put on the shoulders of the husband, the hereditary male child's share must be twice as high as the female child’s is”.As Garaudy argues, the difference in the inheritance of women and men in Islamic inheritance law is not a legal discrimination/inequality, but a form of divisiveness stemming from a need based on the role and responsibility that women and men have undertaken in the family and society. Therefore, giving nothing to those who need nothing, giving little to those who need little, and giving a lot to those who need a lot,even though may seem contradictious to the principle of equality, it becomes a necessity of equity and (distributive) justice principle. In this case, in Islamic inheritance law, the basic reason why the share of the male child is twice the share of the female child, is social and economic reasons and it is possible to rank them as follows:1) According to Islamic law, women are not obliged to make their own economic livelihoods. The woman’s economic responsibility belongs to her father or brothers before marriage, and then to her husband after marriage. 2) When a woman is married she is not responsible for herself or other family members’ livelihood. The male is obliged to make a living for himself, his wife and his children.3) While married, the male is obliged to give the wife mahr. The woman has no such responsibility.As it is understood from the above explanations, in Islamic inheritance law, the basic reason why the share of the male child is twice the share of the female child is not about the ontologically “value” based on creation and sex given to the woman (girl child) in Islam. On the contrary, it is the real facts concerning the family and society structure that Islam predicts, the roles and financial obligations that man and woman have undertaken, namely “socio-economic structure/fact”.In some commentaries in classical commentary books, the rights and responsibilities of women and men are referred to, like: the word “degree” mentioned in: …but the men have a degree over them [in responsibility and authority (Al-Baqara 2/228), and the talk about the inheritance shares of boys and girls in: for the male, what is equal to the share of two females (Al-Nisā 4/11). Eventually, the concepts “lil al-dhakari mithlu haẓẓ al-unthayain” have been associated with the gender of the woman/girl child ontologically (based on social fact) by ignoring the referent purpose and socio-economic contexts of these verses. As a result of these interpretations, it was desired that the Islamic law principle of inheritance share of male child being twice the share of female child, ontologically, should be based on a justification that “man is superior to woman”.In this study, some of the era’s dominant culture classical interpretations grounding women's inheritances share on her gender and based on the axis of the concepts of "degree" and “lil al-dhakari mithlu haẓẓ al-unthayain” in the related verses of the Qur'ān will be elaborated. (shrink)

_The purpose_ of this study is the reflection on ways of philosophical legitimation for the "Self-made-man" idea in the worldview of the Renaissance and Reformation. _Theoretical basis._ Historical, comparative, and hermeneutic methods became the basis for this. The study is based on the works of Nicholas of Cusa, G. Pico della Mirandola, N. Machiavelli, M. Montaigne, E. Roterodamus, M. Luther, J. Calvin together with modern researchers of this period. _Originality._ The analysis allows us to come to the conclusion that casts (...) doubt on the still widespread belief according to which the emergence of the "Self-made-man" idea is localized by the process of forming the American cultural code and the ideological heritage of Benjamin Franklin. It is highlighted that the formation of this idea is the result of a long process that originated in the ancient world and gains a special impetus in the Renaissance and Reformation. Precisely in the cultural context of the latter, the ancient intention to recognize the individual’s right to self-determination and self-government, which in the depths of Christian theology acquires only a potentially universal character, becomes not only acceptable but also, in the context of Protestantism worldview, the only admissible, in fact, individual’s obligatory life guidelines. _Conclusions._ Humanistic and reformation thoughts quite naturally led to further ideological legitimation of the person’s idea of who is creating oneself. This legitimation was during the complex interaction of numerous factors of culture in the Late Middle Ages, as well as ideas and intentions inherited from Antiquity. Key among them was the gradual formation of a new social order, in essence, indifferent to paternalistic rudiments, together with the ethics of Protestantism corresponding to it. The latter does not only legalize but, de facto, sacralizes the individual’s reorientation from hopes for the synergy of God’s grace and own free will in personal salvation, toward the self-reliance and personal efforts, awareness of personal responsibility for the own fate as key principles of the "Self-made-man" concept. (shrink)

The author discusses the thesis proposed by H. Hazlitt that jurisprudence has developed such methods and principles of solving legal problems that could also serve as a guide in solving ethical problems. The article critically reviews the reasoning behind this thesis made by H. Hazlitt and L. Yeager. A special attention is paid to the influence of J. Bentham’s utilitarian ideas on the formation of Hazlitt’s conception. Not being a lawyer, Hazlitt in the work The Foundations of Morality argued that (...) the law affects morality. In Hazlitt’s ethical theory judicial precedents affect the formation of moral rules. Hazlitt compares the formation of general rules in the sphere of morality and law. Using the formula of evaluation of moral rules proposed by Hazlitt, situations should be considered from three positions: subject of action, object of action, and impartial observer. Even though Yeager develops the ideas of Hazlitt, the former uses different arguments to substantiate the main thesis. Yeager believes that the laws have to declare the norms of morality. However, the arguments of Hazlitt and Yeager should be considered critically, as some researchers have done. As an additional argument to support the article’s main thesis, it is proposed to use the mechanism of conciliation procedures as a model for solving ethical problems. The article concludes that the thesis proposed by Hazlitt is valid but requires further reasoning and research by the philosophers of law. (shrink)

The perinatal necropsy is an important investigation following fetal or neonatal loss. Legal requirements on registration decree that consent is needed before necropsy can proceed in some of these babies. However, there are ill-defined grey areas which are open to legal and ethical difficulties. This paper discusses the problems that can arise with consent for a necropsy in the perinatal period. Some of these problems are clearly legal or ethical but all can cause distress to parents at a time of (...) grief and bereavement. The issues may not be readily resolved but public debate and ad hominem decisions on each perinatal loss may help to alleviate the problems. (shrink)

This essay discusses the new report, Heritable Human Genome Editing, by the National Academy of Medicine, the National Academy of Sciences, and the Royal Society. After summarizing the report, we argue that the report takes four quite bold steps away from prior reports, namely (1) rejecting an omnibus approach to heritable human genome editing (HHGE) in favor of a case‐by‐case analysis of possible uses of HHGE, accepting that HHGE is acceptable in some cases; (2) recognizing that the interest in having (...) children who are genetically related to both would‐be rearing parents is one that the regulation of HHGE should honor; (3) patterning a regulatory model for HHGE on the United Kingdom's approach to regulating mitochondrial replacement techniques; and (4) conveying skepticism that international regulation is possible while showing a strong preference for a default into national regulatory regimes for HHGE. (shrink)

Recent work in psychology and experimental philosophy has shown that judgments of actual causation are often influenced by consideration of defaults, typicality, and normality. A number of philosophers and computer scientists have also suggested that an appeal to such factors can help deal with problems facing existing accounts of actual causation. This article develops a flexible formal framework for incorporating defaults, typicality, and normality into an account of actual causation. The resulting account takes actual causation to be both graded and (...) comparative. We then show how our account would handle a number of standard cases. 1 Introduction2 Causal Models3 The HP Definition of Actual Causation4 The Problem of Isomorphism5 Defaults, Typicality, and Normality6 Extended Causal Models7 Examples7.1 Omissions7.2 Knobe effects7.3 Causes versus background conditions7.4 Bogus prevention7.5 Causal chains7.6 Legal doctrines of intervening causes7.7 Pre-emption and short circuits8 Conclusion. (shrink)

Legal coercion seems morally problematic because it is susceptible to the Hegelian objection that it fails to respect individuals in a way that is ‘due to them as men’. But in what sense does legal coercion fail to do so? And what are the grounds for this requirement to respect? This paper is an attempt to answer these questions. It argues that legal coercion fails to respect individuals as reason-responsive agents; and individuals ought to be respected as such in virtue (...) of the fact that they are human beings. Thus it is in this sense that legal coercion fails to treat individuals with the kind of respect ‘due to them as men’. (shrink)

Challenges to Legal Theory offers the reader a fascinating journey though a variety of multi-disciplinary topics, ranging from law and literature, and law and religion, to legal philosophy and constitutional law. The collection reflects some of the challenges that the field of legal theory currently faces. It is compiled by a selection of international and Spanish scholars, whose essays are made available in English translation for the first time. The volume is based on a collection of essays, published in Spanish, (...) in honour of Professor José Iturmendi Morales, of Complutense University, Madrid, and brings the rich scholarship of pre-eminent Spanish scholars of law and legal theory to an international audience. (shrink)

. This paper aims to approach the subject of civil disobedience from the triple perspective of the ethical, the legal, and the political. The novelty of our focus resides in the priority given to the legal aspect of civil disobedience, especially to the possible legal justification of civil disobedience, a perspective that is generally overlooked in analysing the phenomenon. This is where the Achilles heel is to be found, though it may provide unexploited insights into the issue from which significant (...) conclusions can be drawn. (shrink)

Although the teaching of medical ethics and law in medical education is an old story that has been told many times in medical literature, recent studies show that medical students and physicians lack confidence when faced with ethical dilemmas and medico-legal issues. The adverse events rates and medical lawsuits are on the rise whereas many medical errors are mostly due to negligence or malpractices which are preventable. While it is true that many medical schools teach their students medical law and (...) ethics, there are wide variations in what is being taught because there is no universally agreed syllabus. Yet the knowledge of medical law and ethics is closely relevant to the medical profession and that failure in abiding the law may result in serious civil or even criminal consequences. While this paper does not propose to lay detailed analysis of the relevant areas of law or ethics, it proposes to cover some legal areas so as to highlight and bring to attention the need for a medical law and ethics course. This article also considers the problems faced and recommendation as to future directions to be taken with respect to teaching medical law and ethics. It concludes with a suggested course outline for the teaching of medical law and ethics. (shrink)

The modern legal and ethical movement against traditional welfare paternalism in medical decision-making extends to how decisions are made for patients lacking decisional capacity, prioritising surrogates’ judgment about what patients would have decided over even their best interests. In England and Wales, the Mental Capacity Act 2005 follows this trend of prioritising the patient’s prior wishes, values and beliefs but the dominant interpretation in life-sustaining treatment cases does so by in effect calling those values the ‘best interests’ of the patient (...) and focusing nearly exclusively on the ‘subjective’ viewpoint of the patient. In this article, we examine the recent Court of Protection judgment inBarnsley Hospitals NHS Foundation Trust v MSP[2020] EWCOP 26, which adhered closely to this approach, to suggest that it could have unexpected negative consequences. These include insufficient information gathering about and attention to patients’ objective medical interests, inadequacy of the evidentiary standard used for the substituted decision-making and, in some cases, even prioritising a surrogate’s current substituted judgment over the potential for an actual judgment by the patient. (shrink)

The article discusses human dignity in the aspect of modern challenges of technological civilization, which has entered a new stage of its development. Human dignity as a category of ethics remains underestimated, since in the first row of ethical values humanitarians, as a rule, put the categories of freedom and justice. Today, “dignity” acquires a special and higher status, the concept of human dignity is being rethought, going beyond the ethical category itself as a virtue. In the global world, human (...) dignity is a response to such contemporary challenges as the formation of a communicative world community with a focus on digital civilization, the anthropological problem of the future of humanity, the ecological situation on a global scale, the reorientation of the ethical and legal relations of a globalizing world. Human dignity is a problem of national-ethnic and national-state relations in the transition to transnational regulatory interactions. In the interpretation of the nation, the authors do not share the well-known two approaches to understanding the nation, on the one hand ethnocultural, and on the other - national-civil. Both approaches lead, whenever possible or necessary, to the transnational posing of the question, when human dignity becomes a priority regardless of nationality. In this connection, the utopian idea of the possibility of a global ethos is touched upon. The authors focus on the anthropoxy-axiological approach to the understanding of human dignity, where the cosmological principle of human existence is determined by his creative power. The urgency of the problem of human dignity is due to the fact that, as it were, in the modern life world a person did not put the economy above morality, the basis of human dignity in its being is a value moral consciousness, in the depth of which basic human values of transnational nature “work”, contradicting values consumer society driven by practical interests. Human dignity in this regard should be interpreted as an absolute value and at the same time one should take into account the multidimensionality of the problem of dignity in the context of modern globalization processes. Based on the ontological understanding of globalization as megatrends in the self-movement of the natural historical process, the authors substantiate the anthropological value of human dignity, which has universal, transcultural significance. The use of an anthropoxy-axiological approach and interdisciplinary methods reveals the universal value of virtue, based on the anthropo-social moral nature and the creative value of man. The creative transformational activity itself will not be worthy in quality without moral responsibility. The modern concept of human dignity is addressed to the ethics of responsibility, which means responsibility, which highlights the moral and axiological attitude to life, the adoption of responsible decisions in modern conditions of sociocultural interactions. In the context of globalization, the philosophy of human dignity becomes the dominant of all conscious-volitional activities, the core of the moral rethinking of the transnational and national ratio in the light of tolerance, the ability to non-violence. At the same time, the authors indicate in the formulation of the main issue of the philosophy of human dignity the possibility of going beyond the ethical category of human dignity, since the unchanging core of the universal human values of goodness-beauty-truth does not lose its meaning in the global, changing world. (shrink)

The urgency of the research topic lies in the author's search for the elimination of environmental and other threats to the existence of mankind. The population of Homo Sapiens increases quantitatively, intensify the rate of degradation of the natural environment and accelerates the movement to the total Collapse. Scientists in the world create only "appeals" and “warnings” of danger, but even the UN decision and three environmental forums 1992, 2002 and 2012 do not indicate real means of salvation. The purpose (...) of the study is a critical analysis of the works of scientists of the world and their environmental projects and plans. The objectives of the study are to offer a real way of saving humanity through the replacement of industrial technologies with environmentally safe nootechnologies, the development and use of the noosciences. The methodology of the study is based on the authors' foundations of the basis of many new exact and humanitarian noosciences - noophilosophy, nooecology, noohistory, noosociology, noocognitiology, and others. We use the noointegral, systemic and noohistorical methods within the framework of a promising principle of global evolutionism with transdisciplinary approaches. The result of the study is unquestionable evidence that in the flow of nanotechnologies since 2000 ecologically safe appears, which we propose to call "wise" - neotechnologies. Their number is small and the number is growing slowly, but the trends of world science evidenced by the inevitability of the victory of nootechnologies and elimination of all industrial technologies. The main result of the study is the list of noosciences and nootechnologies, which are "terms from the future". They form the Nooglossary for which we received the copyright certificate - a legal document of our author's priority. The conclusion is that humanity will be saved not by the "third industrial revolution" by J. Rifkin and not by the "fourth" K. Schwab or “smart-activity”, but by the development of the nooosciences and the massive use of environmentally safe nootechnologies. Nooera has already begun, but humanity does not notice it yet. The first nootechnologies exist, but they are still too small. We have created the Nooglossary to accelerate the progression of noofuture. (shrink)

Parental decision making is necessary for contracting medical interventions that require personal risk–benefit evaluation, and for overseeing matters of education. In the nineteenth century, exemptions from obligatory vaccination were granted for religious and conscientious reasons. Then and today, religion and moral values play marginal roles in vaccine hesitancy and denialism. Rather, the key values invoked by vaccine hesitants and denialists are liberty and pluralism. Neither is compatible with limiting adolescents’ choice. Because vaccination does not require assessment of personal medical risks, (...) because it does not need to occur within the sphere of the doctor–patient relationship, and because the risk involved is within the range of their daily activities, adolescents have the right to free access to vaccination without legal requirement of parental involvement. Drawing on the development of Common Law, and on the development of respect for personal conscience in the history of ideas, this paper does not promote an argument that grants public health an overriding moral power. Rather, this paper rejects the presumption that vaccination of adolescents might involve a conflict between parental authority and public health. Free access to vaccination is compatible with the law and ethics of adolescents’ evolving autonomy in relation to healthcare. (shrink)

Appearing in the “Cairo Declaration on Human Rights in Islam” as an undefined referent for the limits on freedom of expression in Islam, Shariah is still to be chased as an indefinable referent which restricts freedom of the expression in the Islamic Republic of Iran. Iran’s Press Law as well as Constitution unveil Shariah’s referent to be a person: the Jurist-Ruler around whom a cult of personality is legalized in terms of “Imamate” and around whom all the limits on freedom (...) of expression revolve. Interpretation of Shariah is not a solution but part of the problem in Iran. Such problem can be dealt in terms of three modes of self-expression which were invented by the Iranian Reformists to avoid self-censorship. The notion of master-signifier can be the key to unraveling the problem of self-referentiality in freedom of expression and its Reformist solution in Iran’s legal system. (shrink)

Desde que 1975 fue declarado por las Naciones Unidas Año Internacional de las Mujeres, han sido numerosas las medidas legales y políticas para asegurar la participación de las mujeres en todos los ámbitos de acción de la sociedad. Sin embargo, los logros no se sitúan solamente en un incremento cuantitativo de mujeres en sectores como el laboral o los procesos de toma de decisiones. La integración de la igualdad de género en la estructuración de la sociedad abre interrogantes sobre (...) la nueva lectura del poder, de la ciudadanía y de las relaciones personales. Y al mismo tiempo, cuestiona si las medidas de apoyo a la participación de las mujeres están teniendo o no un efecto positivo en favor de la igualdad. (shrink)

This paper is about how best to understand the notion of ‘public wrongs’ in the longstanding idea that crimes are public wrongs. By contrasting criminal law with the civil laws of torts and contracts, it argues that ‘public wrongs’ should not be understood merely as wrongs that properly concern the public, but more specifically as those which the state, as the public, ought to punish. It then briefly considers the implications that this has on criminalization.

The recent wave of same-sex marriage legalization marks the most significant human rights progress in decades. Nevertheless, the valuation effects on corporate America are unclear. While the arguments supporting marriage equality are largely in the domain of law and sociology, many prominent business leaders are actively engaged in campaigns advocating marriage equality. This suggests that the LGBT civil rights movement of our generation might have valuation implications for corporate America beyond human rights equality. This paper investigates the market perception of (...) state-level same-sex marriage legalization by examining the short-window market reactions to firms headquartered in a state. We find positive market reactions to firms headquartered in states that legally recognize marriage equality. Further, we find that the market views companies more favorably in: first-mover states before the Supreme Court ruling of United States v. Windsor, and states that have stronger anti-discrimination laws for the LGBT community. Our findings complement prior research that focuses on the economic consequences of firm-level LGBT human rights policies by examining the state/nation-level legal impact, adding a new dimension to ethical practices that can have economic consequences. (shrink)

In his book, the Author establishes a connection between al-Juwayni's thought system and the period in which he lived by dealing in detail with the political and legal environment of al-Juwayni's time. This connection is valuable as it helps to clarify his thoughts in many fields. It allows us to understand the intellectual project in the mind of al-Juwayni. This academic project also requires that he not treat his al-Juwayni's works as separate units. The Author's approach was in this direction. (...) According to him, al-Juwayni has an intellectual project seen in his books. The Author, aware that this idea, which shaped al-Juwaynî's academic concerns, was not formulated in a vacuum, examines the sociopolitical environment that left an indelible mark on him. In this context, the Author emphasizes that al-Juwayni witnessed the debates between the Ashʿarīs and the Muʿtazila on the intellectual stage. According to him, the tension produced by the contradictory epistemologies of these two schools in al-Juwayni was influential in his search for certainty in knowledge. While the Author cares about the influence of al-Juwayni's intellectual environment on him, he also states that this is not the only influence on al-Juwayni. According to him, the fact that al-Juwayni lived in a politically turbulent period should also be considered, especially in the search for the certainty of knowledge and continuity of Islamic society. al-Juwayni lived at a time when the rise of powerful dynastic families forced the ʿAbbasid Caliphate into a position of only nominal power and, in a short period, saw contradictory policies implemented against the Ashʿarī/Shāfiʿīs. It led him to preserve and maintain religious thought apart from politics. As a result, al-Juwayni started to think about the role of the leader in maintaining the social order and the role of the scholars in protecting the religion. In an environment where the political elites are constantly changing, his focus has been on enabling the Muslim community to continue its existence in any case. (shrink)

Access to legal information is fundamental to access to justice. Yet accessibility refers not only to making legal documents available to the public, but also rendering legal information comprehensible to them. A vexing problem in bringing legal information to the public is how to turn formal legal documents such as legislation and judgments, which are often highly technical, to easily navigable and comprehensible knowledge to those without legal education. In this study, we formulate a three-step approach for bringing legal knowledge (...) to laypersons, tackling the issues of navigability and comprehensibility. First, we translate selected sections of the law into snippets (called CLIC-pages), each being a small piece of article that focuses on explaining certain technical legal concept in layperson’s terms. Second, we construct a Legal Question Bank, which is a collection of legal questions whose answers can be found in the CLIC-pages. Third, we design an interactive CLIC Recommender. Given a user’s verbal description of a legal situation that requires a legal solution, CRec interprets the user’s input and shortlists questions from the question bank that are most likely relevant to the given legal situation and recommends their corresponding CLIC pages where relevant legal knowledge can be found. In this paper we focus on the technical aspects of creating an LQB. We show how large-scale pre-trained language models, such as GPT-3, can be used to generate legal questions. We compare machine-generated questions against human-composed questions and find that MGQs are more scalable, cost-effective, and more diversified, while HCQs are more precise. We also show a prototype of CRec and illustrate through an example how our 3-step approach effectively brings relevant legal knowledge to the public. (shrink)