scholarly journals A Millennium After al-Farabī; Notes onʿAllāma Ṭabāṭabāʾī’s Political Philosophy

2021 ◽  
Author(s):  
SeyedAmirHossein Asghari
Keyword(s):  
Political Philosophy ◽  
The Other ◽  
Recent Period ◽  
Intellectual Tradition ◽  
General Belief ◽  
Ideal Society ◽  
The Right ◽  
A Minor ◽  
Do So

<p>It is essential to ask why there is so little attention paid to political philosophy among these scholars? Or, if there is, why does it remain a minor or marginal conversation? Did they consider the discussion on governance under the other areas of their expertise, such as jurisprudence (<i>Fiqh</i>)? And, if yes, what motivated them to do so? Or, at least in Shia Islam, did this arise from their general belief that if there is an Imam, he is the right person to govern the community, and if we are in the occultation era, then our only choice is to wait for the Imam to return? Consequently, there is no need to philosophize an ideal society, an occurrence of which only happens with the presence of an Imam. Clarifying the questions mentioned above requires another investigation. We leave these questions aside here and focus instead on contemporary Shia philosophers to examine their thoughts on political philosophy, Utopia, or any discussion of governance. Our goal is to identify the al-Fārābīan heritage of the Islamic intellectual tradition in a more recent period.</p>

scholarly journals A Millennium After al-Farabī; Notes onʿAllāma Ṭabāṭabāʾī’s Political Philosophy

2021 ◽  
Author(s):  
SeyedAmirHossein Asghari
Keyword(s):  
Political Philosophy ◽  
The Other ◽  
Recent Period ◽  
Intellectual Tradition ◽  
General Belief ◽  
Ideal Society ◽  
The Right ◽  
A Minor ◽  
Do So

<p>It is essential to ask why there is so little attention paid to political philosophy among these scholars? Or, if there is, why does it remain a minor or marginal conversation? Did they consider the discussion on governance under the other areas of their expertise, such as jurisprudence (<i>Fiqh</i>)? And, if yes, what motivated them to do so? Or, at least in Shia Islam, did this arise from their general belief that if there is an Imam, he is the right person to govern the community, and if we are in the occultation era, then our only choice is to wait for the Imam to return? Consequently, there is no need to philosophize an ideal society, an occurrence of which only happens with the presence of an Imam. Clarifying the questions mentioned above requires another investigation. We leave these questions aside here and focus instead on contemporary Shia philosophers to examine their thoughts on political philosophy, Utopia, or any discussion of governance. Our goal is to identify the al-Fārābīan heritage of the Islamic intellectual tradition in a more recent period.</p>

Avoidance of Complexity

2021 ◽  
pp. 195-236
Author(s):  
Sara E. Gorman ◽  
Jack M. Gorman
Keyword(s):  
Public Health ◽  
Scientific Method ◽  
The Other ◽  
Scientific Thinking ◽  
Health Decisions ◽  
The Right ◽  
Health Experts ◽  
Do So

This chapter describes another reason people succumb to unscientific notions—the discomfort people have with complexity. It is not that people are incapable of learning the facts but rather they are reluctant to put in the time and effort to do so. This retreat from complexity is similar to the other reasons for science denial in that it is in many ways a useful and adaptive stance. But when making health decisions, the inability to tackle scientific details can leave one prone to accepting craftily packaged inaccuracies and slogans. Scientists, doctors, and public health experts are often not helpful in this regard because they frequently refuse to explain things clearly and interestingly. The chapter then argues that scientists need to work much harder on figuring out the best ways to communicate facts to non-scientists. It proposes some possible methods to make scientific thinking more intuitive. By focusing on the scientific method, one can begin to educate people about how to accept complexity and uncertainty, how to be skeptical, and how to ask the right questions.

scholarly journals The lesser of two evils: Explaining a bad choice by revealing the choice set

2018 ◽  
Author(s):  
András Molnár ◽  
Shereen Jehan Chaudhry
Keyword(s):  
Decision Makers ◽  
The Other ◽  
Selfish Behavior ◽  
Ex Post ◽  
Research Designs ◽  
The Right ◽  
Do So ◽  
Choice Set

Making the right choice sometimes involves selecting the “lesser of two evils,” and only seeing the chosen option can lead others to misunderstand the decision maker’s intentions. Are decision-makers intrinsically driven to fix this misjudgment by revealing the choice set? If so, why, and what is the effect on the audience? Previous studies could not examine this desire to be understood because the research designs did not isolate the decision to reveal information from the original choice. In two experiments (N=448 pairs), we show that people are willing to pay ex post to reveal their choice set to the recipient, even after a one-shot anonymous interaction with no reputational consequences, and in some cases even when doing so reveals their selfish intentions. We find that this revealing behavior is effective at improving recipients’ rating of their outcome when it signals generous intentions, but not when it signals selfish intentions. The choice to reveal is driven by concern for the beliefs of strangers, but only when revealing signals generous intentions; those who reveal a choice that appears selfish report doing so out of a desire to be or appear honest. And though some people leave a misunderstanding in place when it is self-enhancing to do so, almost no one is willing to create a misunderstanding (by hiding the other option), even when it could conceal selfish behavior.

MINOR MARRIAGES AND KHIYĀR AL-BULŪGH IN OTTOMAN PALESTINE: A NOTE ON WOMEN'S STRATEGIES IN A PATRIARCHAL SOCIETY

2002 ◽  
Vol 9 (3) ◽  
pp. 386-409 ◽  
Author(s):  
Mahmoud Yazbak
Keyword(s):  
Nineteenth Century ◽  
Child Marriage ◽  
Court Records ◽  
Muslim Society ◽  
Legal Documents ◽  
Patriarchal Society ◽  
The Right ◽  
A Minor ◽  
Do So

AbstractSharī'a court records (sijills) are legal documents that summarize discussions that took place in the courtroom. They also contain a wealth of detail on various aspects of Muslim society. Drawing on different sijills from nineteenth-century Palestine and fatwās of Khayr al-Dīn al-Ramlī, I examine the phenomenon of child marriage and the practice of khiyār al-bulūgh, literally "option of puberty". If a natural guardian contracts a marriage for a minor child, male or female, the child may not subsequently have the contract annulled. Whereas a boy enjoys the right to divorce his wife through the mechanism of talāq as soon as he reaches his majority, a girl who reaches her majority must approach the court if she wants to dissolve a marriage (faskh), and she may do so only if she was married while a minor by a non-natural guardian. In this case, she may exercise her right of khiyār al-bulūgh immediately upon reaching her legal majority, i.e., at the onset of her first menstruation. But she must make a public declaration of the occurrence of menstruation so that the persons who hear the declaration may serve as witnesses on her behalf.

Eugenics and Progressive Thought: a Study in Ideological Affinity

1979 ◽  
Vol 22 (3) ◽  
pp. 645-671 ◽  
Author(s):  
Michael Freeden
Keyword(s):  
Political Theory ◽  
Political Thought ◽  
Turn Of The Century ◽  
The Other ◽  
Central Question ◽  
The Social ◽  
The One ◽  
The Right ◽  
A Minor

The issues raised by eugenics are of more than passing interest for the student of political thought. In itself a minor offshoot of turn-of-the-century socio-biological thought which never achieved ideological ‘take-off’ in terms of influence or circulation, there was certainly more in eugenics than nowadays meets the eye. The following pages propose to depart from the over-simplistic identification of eugenics, as political theory, with racism or ultra-conservatism and to offer instead two alternative modes of interpretation. On the one hand, eugenics will be portrayed as an exploratory avenue of the social-reformist tendencies of early-twentieth-century British political thought. On the other, it will serve as a case-study illustrating the complexity and overlapping which characterize most modern ideologies. While recognizing, of course, the appeal of eugenics for the ‘right’, a central question pervading the forthcoming analysis will be the attraction it had for progressives of liberal and socialist persuasions, with the ultimate aim of discovering the fundamental affinities the ‘left’ had, and may still have, with this type of thinking.

Some Aspects of the Procedural Situation of Minors Left Without Parental Care in Civil Proceedings

2021 ◽  
pp. 77-87
Author(s):  
E. V. Karpeeva
Keyword(s):  
Parental Care ◽  
Legal Regulation ◽  
The Other ◽  
Formal Approach ◽  
Conflict Of Interests ◽  
Civil Proceedings ◽  
The One ◽  
The Right ◽  
A Minor ◽  
Further Development

The presented study addresses the problems of protecting the rights and interests of minors, including children left without parental care. The author analyzes the provisions of the current family and civil procedural legislation and identifies several problems in the legal regulation of the participation of minors in the consideration of cases affecting their interests. The author notes that a formal approach to the enforcement of the right of minors to be heard in court is unacceptable, justifies the need for further development of the concept of “conflict of interests” between custodians (guardians), custody and guardianship authorities on the one hand and minors on the other. The necessity of continuous professional legal support for a minor (representation on behalf of a minor) throughout the entire proceedings on the case is justified.

scholarly journals DEFINING THE RIGHT TO STRIKE: A COMPARATIVE ANALYSIS OF INTERNATIONAL LABOUR ORGANIZATION STANDARDS AND SOUTH AFRICAN LAW

Obiter ◽  
2021 ◽  
Vol 33 (2) ◽  
Author(s):  
Mohamed Alli Chicktay
Keyword(s):  
South Africa ◽  
International Law ◽  
South African ◽  
The Other ◽  
International Labour Organization ◽  
International Labour Organisation ◽  
Human Right ◽  
South African Constitution ◽  
The Right ◽  
Do So

The right to strike is a fundamental human right recognized in international law and the South African Constitution. If “strike” is defined too narrowly it would deny protection that would normally be given to employees who would otherwise be participating in a strike. On the other hand if “strike” were defined too broadly it would categorize as strike action that would not normally be regarded as a strike: thus subjecting these employees to serious consequences that result from participating in an unprotected strike. These may include dismissals, interdicts and claims for compensation. South Africa has a constitutional obligation to comply with international law when interpreting human rights. The purpose of this article is to determine whether South African law defines “strike” in compliance with International Labour Organisation standards and to make suggestions for amendments to the lawwhere it fails to do so.

scholarly journals POPULISME, PILKADA DAN MASA DEPAN DEMOKRASI

JAP UNWIRA ◽  
2020 ◽  
Vol 3 (2) ◽  
pp. 80-94
Author(s):  
Peter Tan
Keyword(s):  
Political Philosophy ◽  
Social Justice ◽  
The Other ◽  
Philosophical Analysis ◽  
Positive Contribution ◽  
Main Thesis ◽  
Electoral Support ◽  
The People ◽  
The Right ◽  
Local Levels

Abstract Populism has risen to become a contemporary political phenomenon at both the global, national and local levels. Electoral contestations, including the election of district heads or “Pilkada”, were infiltrated by populist political practices. In this paper, I mostly use the perspective of political philosophy on populism. The main thesis of this paper is that populism threatens the existence of democracy when populist actors and politicians exploit the ethnic and religious sentiments of the voters, or exploit the people's vulnerabilities as mere populist narratives and rhetoric to win the electoral support. On the other hand, the discourse on antagonism in left populism is able to make a positive contribution to democracy as long as it is always placed within the framework of an antagonistic democratic discourse. Within the framework of antagonistic democracy, left populism consistently exposes the depravity of power, constructs the “people” as a group that opposes the oligarchic and neoliberal elites, and struggles for the right to social justice of the oppressed. This politico-philosophical analysis of populism is relevant in reflecting on the moments of electoral contestations such as the election of district heads (Pilkada) and on the  fight for a better future of democracy.

Ch.3 Validity, s.2: Grounds for avoidance, Art.3.2.9

2015 ◽  
Author(s):  
Huber Peter
Keyword(s):  
Good Faith ◽  
The Other ◽  
Other Hand ◽  
The One ◽  
The Right ◽  
Do So

This commentary focuses on Article 3.2.9 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning confirmation. Under Art 3.2.9, if the party entitled to avoid the contract expressly or impliedly confirms the contract after the period of time for giving notice of avoidance has begun to run, avoidance of the contract is excluded. Art 3.2.9 serves two purposes. On the one hand, it restricts the right to avoid the contract in a certain type of situation where the avoidance would be contrary to good faith. On the other hand, it emphasizes the fact that the party entitled to avoid the contract under the preceding provisions is not obliged to do so, but may also elect to treat the contract as valid. This commentary discusses the requirements for confirmation, whether express or implied, and the ground for avoidance, time for confirmation, and the effect of confirmation on the right to avoid the contract.

scholarly journals Clamo Ergo Sum: Establishing a Fundamental Right to Protest from Christian Theologies of Liberation

Humanities ◽  
2021 ◽  
Vol 10 (3) ◽  
pp. 102
Author(s):  
Marc V. Rugani
Keyword(s):  
Political Philosophy ◽  
Human Person ◽  
Historical Narratives ◽  
Rights Discourse ◽  
The Right ◽  
Do So ◽  
Theology Of Liberation

The prevailing particular historical narratives that established the modern rights system greatly affect the participation, tenor, and limits of rights discourse today, too often ignoring or suppressing voices of those suffering or silenced. This essay is a contribution to the subversion of those histories, adverting to inconsistencies, in particular histories of modern rights, the need to amplify the voices of those suffering on the margins of that history, and the dangerous consequences if we fail to do so. By applying Enrique Dussel’s political philosophy and Gustavo Gutiérrez’s theology of liberation significant contributions can be made toward affirming a fundamental right to protest. The right to protest articulates a right co-foundational with the rights to life, liberty, and property, and this right is well grounded in a Christian account of the dignity of the human person.

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