scholarly journals Philosophy and Exegesis in al-Fârâbî, Averroes, and Maimonides

2008 ◽  
Vol 64 (1) ◽  
pp. 105-125 ◽  
Author(s):  
Carlos Fraenkel

Abstract Maimonides and Averroes shared in many respects a philosophical-religious outlook and have been described as disciples of al-Fârâbî, the founder of the school of Arabic Aristotelianism (falsafa). At first view, however, their legacy could hardly be more different : while Averroes wrote almost only commentaries on Aristotle, Maimonides did not write a single work that, strictly speaking, falls into a traditional philosophical genre. He is, on the other hand, a prominent commentator as well — only that instead of explicating Aristotle, he comments on the Law of Moses. The main question I address in this paper is whether this strikingly different relation to philosophy and exegesis in Averroes and Maimonides can be explained as two ways of implementing a conceptual framework established by al-Fârâbî. I first examine al-Fârâbî’s project, which I suggest is determined by a twofold task : to take up and continue the project of ancient philosophy and to define its place in a society in which the authority of the divine Law is undisputed. Then I argue that while Averroes’ work can on the whole be understood as continuing al-Fârâbî’s project, this is only in a qualified way true for Maimonides who in part creatively transforms al-Fârâbî and in part relies on premises that can clearly not be derived from al-Fârâbî. Maimonides’ position on philosophy and exegesis is in important respects different from the standard position of the falâsifa — and this had far-reaching implications for later medieval Jewish philosophy.

Author(s):  
Nimer Sultany

This chapter analyzes concrete Egyptian and Tunisian cases that showcase the interplay between continuity and rupture. These cases illustrate the lack of a systemic relation between law and revolution. On the one hand, the judiciary that interprets and applies the law is part of the very social and political conflicts it is supposed to resolve. On the other hand, the law is incoherent and there are often resources within the legal materials to play it both ways. Thus, the different forces at work use both continuity and rupture to advance their positions. Furthermore, legitimacy discourse mediates the contradictions between law and revolution in the experience of different legal and political actors. This mediation serves an ideological role because it presupposes a binary dichotomy between continuity and rupture, papers over law’s incoherence by reducing it to a singular voice, and reduces revolution to an event rather than a process.


2015 ◽  
Vol 2015 ◽  
pp. 1-7 ◽  
Author(s):  
Azrulhizam Shapi’i ◽  
Nor Azan Mat Zin ◽  
Ahmed Mohammed Elaklouk

Brain injury such as traumatic brain injury (TBI) and stroke is the major cause of long-term disabilities in many countries. The increasing rate of brain damaged victims and the heterogeneity of impairments decrease rehabilitation effectiveness and competence resulting in higher cost of rehabilitation treatment. On the other hand, traditional rehabilitation exercises are boring, thus leading patients to neglect the prescribed exercises required for recovery. Therefore, we propose game-based approach to address these problems. This paper presents a rehabilitation gaming system (RGS) for cognitive rehabilitation. The RGS is developed based on a proposed conceptual framework which has also been presented in this paper.


Al-MAJAALIS ◽  
2018 ◽  
Vol 6 (1) ◽  
pp. 1-36
Author(s):  
Muhammad Arifin Badri

This study aims to examine the laws of dowry money decoration that are common in the community. The innovation and soul of art that is channeled through décor of dowry money is proven to produce beautiful and unique works, so as to attract the attention and interest of the wider community. However, because to produce beautiful and unique works, a high level of creativity is needed, so not everyone can do it. On the one hand, this phenomenon opens up quite good business opportunities, but on the other hand, it should be watched out, because in some conditions it contains the practice of buying and selling currencies with nominal differences. Through this study, I would like to uncover the law of buying and selling practices decorating dowry money and decorating services. As I also intend to present an applicative solution for the community so that they can still channel their artistic talents without violating Shari’ah law.


De Jure ◽  
2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Hristo Banov ◽  

The article reviews the main differences between the monetary obligation of the employer under Art. 232, para. 2 of the Labour Code and other payments that the same party owes by law in the employment relationship. Thus, the hypotheses are differentiated, on the one hand, of the unilateral termination of the employment contract by the employer against monetary payment on the grounds of Art. 232, para. 2 of the Labour Code, and, on the other hand, the emergence of an obligation to pay certain compensations – in the true sense of the term – under Art. 213, Art. 214, Art. 219, para. 2 and Art. 225 of the Labour Code. Thereby, the thesis regarding the impossibility of incurring of an obligation on the employer to simultaneously execute the various mentioned monetary considerations, is reasoned. In addition, the rules set out in the law are discussed, both for contracting and for the final calculation of the amount of the employer’s monetary payment, which this study focuses on.


Author(s):  
V. Кroitor

The article studies the issue of scientific and practical validity of applying ethical principles of society as regulatory factors of civil law of Ukraine. Taking into account the lack of validity of ethical principles of society as regulatory factors, the author attempts to make a correlation between the content of such principles of civil law as fairness, integrity and reasonableness, on the one hand, and ethical principles of the society, on the other hand. The author of the paper proves that it is inappropriate to apply the provisions of morality as regulatory factors for the regulation of civil relations. The conclusion on the objection to the civil regularity of ethical principles of society is based on several theses. Firstly, moral rules are not formalized, which creates a threat of arbitrary interpretation of their content. Secondly, ethical principles do not have a definite source of origin. Thirdly, the fundamental ethical rules have already been taken into account in the content of the principles of fairness, integrity and reason, which in turn create competition between the two types of regulatory factors. Unreasonable duplication of regulatory requirements reduces the functionality of the law, complicates the perception of its requirements. The competition between the principles of law and the ethical principles of society must be eliminated by refusing to give the latter the function of regulatory factors. The author of the paper does not deny the possibility of taking into account the ethical principles of society while regulating the relations that have been neglected by the "official law".


2020 ◽  
Vol 10 (1) ◽  
pp. 29-51
Author(s):  
Fariz Alnizar ◽  
Achmad Munjid

Some Islamic movements in Indonesia make the fatwas issued by the MUI as a reference for their actions. They recently found their momentum after the defence movements called 411 and 212. The proponents of the movements called themselves as Gerakan Nasional Pengawal Fatwa Majelis Ulama Indonesia (GNPF-MUI/The National Movement of Guardian of Fatwa of the Indonesian Ulema Council). Employing a qualitative approach coupled with historical-causal paradigm this article examines the main question: Do the proponents of these movements substantially understand the fatwas they defend? The results of the research show that the fatwas have a dilemmatic position. On the one hand, there have been movements which insist on making the fatwas as “sacred opinion” that must be protected and guarded. On the other hand, people do not substantially comprehend the fatwas they defend. This problem has been caused, among others, by the cultural basis of the Indonesian society which put more preference on orality than literality or, explicitly, written tradition.


2021 ◽  
Author(s):  
◽  
Samuele Tonello

<p>This thesis in divided in two main parts. First, I develop the claim that current democracies are unable to properly defend what I deem the pivotal feature to evaluate the quality of a political system - namely the people’s liberty - due to what I call a twofold democratic dilemma. On the one hand, common citizens are affected by biases that compromise their ability to successfully maintain forms of self-government. On the other hand, even representative forms of democracy that limit to a certain degree the people’s power are threatened by an oligarchic power. That is, oligarchs are using their wealth power to sway governments towards pursuing oligarchic interests rather than common ones, thus hindering the people’s liberty. For this reason, I argue that we ought to rely on Pettit’s view of liberty as non-domination to resolve the democratic dilemma. The thesis conceives these two threats as two forms of domination that must be avoided and focuses on adding a supplementary editorial and contestatory dimension of democracy to the classical participatory one. Republicanism could offer a solution to both sides of the dilemma. On the one hand, citizens’ political task would be more compatible with the people’s biases, since citizens would limit their participation to control that government’s policies do not entail oligarchic domination. On the other hand, framing liberty as a battle between dominating masters and dominated slaves, republicanism could offer the many the institutional means to counteract elites’ political domination. In this way, I conclude the first part of the thesis, but this opens the gates to the main question of the thesis, namely to how we should structure this contestatory democracy. The problem is that whereas republican scholars agree on the importance of setting freedom as non-domination at the basis of our political systems, there is no such agreement on the best way to institutionally enhance the republican ideal. I analyse this debate, maintaining that while Pettitt’s ideal is the view to pursue, we should reject his editorial solution because small committees of experts are likely to increase oligarchic domination rather than to protect the people’s liberty. Rejecting Pettit’s model does not yet imply refusing any editorial model, since I argue that critical scholars mistakenly identify the editorial component of democracy with Pettit’s answer only. In this way, they neglect alternative solutions to Pettit’s, such as Bellamy’s and McCormick’s. Having explained that Bellamy’s solution does not resolve the democratic dilemma, since this scholar rejects editorial bodies, I argue that McCormick’s “Machiavellian Democracy” framed on a divided conception of the populace offers instead the solution I am looking for. Institutionally recognizing the social differences among the populace, we could create modern bodies similar to the Roman “Tribune of the Plebs” to offer the weaker part of the population a class-specific institution to use as defence from oligarchic domination. The problem is how to implement a modern “Tribune of the plebs” making sure that these bodies are effective but popular in character at the same time. I thus explain how modern editorial tribunates could work in practice, drawing from McCormick’s “thought experiment”. I agree with most of McCormick’s ideas – lottery selection, wealth threshold exclusion, large size tribunates, etc. - but I suggest that we must review some of his suggestions with features more concerned with improving the people’s knowledge – specialization, education selection, etc. Hence, I conclude the thesis describing my thought experiment of a system of Specialized Ministerial Tribunates. In this way, I argue that we could better resolve the democratic dilemma. On the one hand, tribunates’ editorship would be more specific and would not require members of the tribunate to analyse the operation of governments on a too broad spectrum, thus reducing the problems of the people’s biases. On the other hand, tribunates’ operation could be primarily connected to detecting oligarchic features in the policies enacted by single ministries, thus challenging more precisely any oligarchic influence over governments. In sum, I argue that an editorial dimension could produce significant improvements to the people’s liberty. Thanks to a modern “Tribune of the plebs”, citizens could participate more meaningfully in politics, while taming more efficiently the influence oligarchs have on how modern societies are politically directed.</p>


2021 ◽  
Author(s):  
◽  
Samuele Tonello

<p>This thesis in divided in two main parts. First, I develop the claim that current democracies are unable to properly defend what I deem the pivotal feature to evaluate the quality of a political system - namely the people’s liberty - due to what I call a twofold democratic dilemma. On the one hand, common citizens are affected by biases that compromise their ability to successfully maintain forms of self-government. On the other hand, even representative forms of democracy that limit to a certain degree the people’s power are threatened by an oligarchic power. That is, oligarchs are using their wealth power to sway governments towards pursuing oligarchic interests rather than common ones, thus hindering the people’s liberty. For this reason, I argue that we ought to rely on Pettit’s view of liberty as non-domination to resolve the democratic dilemma. The thesis conceives these two threats as two forms of domination that must be avoided and focuses on adding a supplementary editorial and contestatory dimension of democracy to the classical participatory one. Republicanism could offer a solution to both sides of the dilemma. On the one hand, citizens’ political task would be more compatible with the people’s biases, since citizens would limit their participation to control that government’s policies do not entail oligarchic domination. On the other hand, framing liberty as a battle between dominating masters and dominated slaves, republicanism could offer the many the institutional means to counteract elites’ political domination. In this way, I conclude the first part of the thesis, but this opens the gates to the main question of the thesis, namely to how we should structure this contestatory democracy. The problem is that whereas republican scholars agree on the importance of setting freedom as non-domination at the basis of our political systems, there is no such agreement on the best way to institutionally enhance the republican ideal. I analyse this debate, maintaining that while Pettitt’s ideal is the view to pursue, we should reject his editorial solution because small committees of experts are likely to increase oligarchic domination rather than to protect the people’s liberty. Rejecting Pettit’s model does not yet imply refusing any editorial model, since I argue that critical scholars mistakenly identify the editorial component of democracy with Pettit’s answer only. In this way, they neglect alternative solutions to Pettit’s, such as Bellamy’s and McCormick’s. Having explained that Bellamy’s solution does not resolve the democratic dilemma, since this scholar rejects editorial bodies, I argue that McCormick’s “Machiavellian Democracy” framed on a divided conception of the populace offers instead the solution I am looking for. Institutionally recognizing the social differences among the populace, we could create modern bodies similar to the Roman “Tribune of the Plebs” to offer the weaker part of the population a class-specific institution to use as defence from oligarchic domination. The problem is how to implement a modern “Tribune of the plebs” making sure that these bodies are effective but popular in character at the same time. I thus explain how modern editorial tribunates could work in practice, drawing from McCormick’s “thought experiment”. I agree with most of McCormick’s ideas – lottery selection, wealth threshold exclusion, large size tribunates, etc. - but I suggest that we must review some of his suggestions with features more concerned with improving the people’s knowledge – specialization, education selection, etc. Hence, I conclude the thesis describing my thought experiment of a system of Specialized Ministerial Tribunates. In this way, I argue that we could better resolve the democratic dilemma. On the one hand, tribunates’ editorship would be more specific and would not require members of the tribunate to analyse the operation of governments on a too broad spectrum, thus reducing the problems of the people’s biases. On the other hand, tribunates’ operation could be primarily connected to detecting oligarchic features in the policies enacted by single ministries, thus challenging more precisely any oligarchic influence over governments. In sum, I argue that an editorial dimension could produce significant improvements to the people’s liberty. Thanks to a modern “Tribune of the plebs”, citizens could participate more meaningfully in politics, while taming more efficiently the influence oligarchs have on how modern societies are politically directed.</p>


2020 ◽  
pp. 259-264
Author(s):  
В. В. Дутка

The relevance of the article is that society’s attitude to the bankruptcy procedure is ambiguous: ordinary citizens who have never been involved in bankruptcy proceedings often perceive it as a certain negative phenomenon that should be avoided and avoided. On the other hand, for many debtors, bankruptcy becomes the “lifeline” with which they can repay their claims to creditors and start financial life “from scratch”. At the same time, it should be noted that many debtors and creditors use the bankruptcy procedure not for the purposes provided by the legislator in the relevant legal norms, but to satisfy only their own interests, to the detriment of the interests of other parties to the case. In this regard, the study of the abuse of the right to initiate bankruptcy proceedings becomes relevant. The article is devoted to the study of abuse of the right to initiate bankruptcy proceedings. The purpose of the article is to study the abuse of the right to initiate bankruptcy proceedings and highlight the author’s vision of this issue. According to the results of the study, the author concludes that the application to the debtor of bankruptcy procedures can be both good for the debtor and to the detriment of the interests of his creditors. Entities that could potentially abuse the right to initiate bankruptcy proceedings are: creditors of the debtor – a legal entity, as well as debtors – legal entities, individuals and individuals – entrepreneurs. The fact of exemption of debtors from the court fee for filing an application to initiate bankruptcy proceedings is not only an unjustified luxury for our state, but also only contributes to the abuse of the right to initiate bankruptcy proceedings by unscrupulous debtors. In order to reduce the number of cases of abuse of the right to initiate bankruptcy proceedings, the author justifies the need to complicate the conditions for opening bankruptcy proceedings, for example, by returning the conditions provided by the Law of Ukraine “On Restoration of Debtor’s Solvency or Recognition of Debtor’s Bankruptcy”.


1999 ◽  
Vol 71 (12) ◽  
pp. 204-209
Author(s):  
Tamaš Korhec

Persons with two or more citizenship are exceptions from the rule that one person has a citizenship of one state. Yugoslav Law make no restrictions for Yugoslav citizens to gain the citizenship of other states, besides the citizenship of the FRY, with the general rule that these dual citizens shall be treated as Yugoslav citizens during there residence in FRY. On the other hand, concerning the military service the Law on Yugoslav Army makes an exception, and provides that dual citizens, regular service in military is conditional and facultative obligation. This pretty vague rule has been recently interpreted by the decisions of the Supreme military court.


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