Moral Assessments and Legal Categories

In this chapter, I examine the discussion around the rational and moral basis for legal categories in postclassical Imāmī Twelver Shīʿī legal theory. The debate was pushed forward by the Akhbārī movement in the 17th century CE; they proposed a novel position concerning the rational basis for the law in which reason can determine certain moral aspects of an action (e.g., a good action can be recognised by reason, and its performance attracts praise), but not legal elements (e.g., that the performance of a good action deserves a reward beyond praise). This leaves, for them, the Lawgiver (that is, God) to connect the moral aspects of an act with its legal consequences (that is punishment for a morally bad action and reward for a morally good action); that causal connection cannot be made by reason alone. Based on these findings, I conclude that Akhbārī moral theory, often read along literalist lines, showcases an adherence to the Muʿtazilī-derived framework common to the Imāmī Twelver Shīʿī theology and law generally, whilst also reserving ultimate legal authority to God.

The Actualization of Tazkiyatun Nafs Values in The Moral Development of Students of The Ulul Albab Islamic Studies Organization (KSI) UIN Padang

<p><em>This study focuses on examining the actualization of the values </em><em></em><em>of Tazkiyatun Nafs in the moral development of the students of the KSI Ulul Albab organization UIN Imam Bonjol. The thought of Imam Al-Ghazali and other scholars about the tazkiyatun nafs is very interesting and important to apply as a moral basis in developing the morals of the people, especially the development of the younger generation. By using descriptive qualitative research by conducting interviews with students who are active in KSI, it is concluded that the actualization of the values </em><em></em><em>of tazkiyah al-nafs in building morals and religious character in instilling noble souls and having al-karimah character. then from the application of the values </em><em></em><em>of tazkiyah al-nafs it also includes a strategy in the habituation of students of the KSI Ulul Albab organization in the hope of creating student discipline and changing bad morals or being therapy for bad souls into good morals. Even the application of tazkiyah al-nafs values </em><em></em><em>in the form of mental therapy. Tazkiyah al-nafs in the form of mental therapy is based on the argument that the human soul can be treated. Efforts to treat mental illness must be done through science and charity. Science here serves to determine the cause and effect of a mental illness</em></p><p><em>Penelitian ini mengkaji tentang aktualisai nilai-nilai </em><em>Tazkiyatun Nafs dalam pembinaan akhlak mahasiswa organisasi KSI Ulul Albab UIN Imam Bonjol. </em><em>P</em><em>emikiran Imam Al-Ghazali</em><em> dan ulama lain </em><em>tentang tazkiyatun nafs tersebut</em><em> diterapkan sebagai landasan moril dalam pengembangan akhlak umat teritama pembinaan generasi muda. Dengan menggunakan penelitian kualitatif deskriptif, peneliti melakukan wawancara dengan mahasiswa yang aktif dalam KSI serta mengamati kegiatan mereka</em><em>. Sehingga dapat</em><em> disimpulkan bahwa </em><em>aktualisasi nilai-nilai tazkiyah al-nafs d</em><em>ilakukan melalui</em><em> pembinaan akhlak dan karakter religious dalam menanamkan jiwa-jiwa yang mulia dan berakhlaq al-karimah. Penerapan nilai-nilai tazkiyah al-nafs itu juga termasuk strategi dalam pembiasaan mahasiswa organisasi KSI Ulul Albab dengan harapan tercipta suatu kedisiplinan mahasiswa dan perubahan akhlak yang buruk atau menjadi terapi bagi jiwa yang buruk menjadi akhlak yang baik</em><em>. Bahkan </em><em>p</em><em>enerapan nilai-nilai tazkiyah al-nafs dalam bentuk terapi jiwa. </em><em>Tazkiyah al-nafs dalam bentuk terapi jiwa didasari argument bahwa jiwa manusia dapat diobati. Upaya pengobatan penyakit jiwa mesti dilakukan melalui ilmu dan amal. Ilmu disini berfungsi untuk mengetahi sebab dan akibat suatu penyakit jiwa</em></p><p> </p>

ESTABLISHMENT OF THE FACTUAL CAUSATION IN TORT

The article examines the moral basis and significance of causation from the standpoint of corrective justice; the division of factual and legal causation, as well as the theory of conditio sine qua non and NESS test, are critically analyzed; the problems of the former are discussed, while the preference of the latter is justified, with special attention to the torts committed by omission; the relation of factual causation as a matter of substantive law to the procedural form of its reflection is established through the discussion of issues of allocation of burden of proof and standards of proof, as well as admissibility of scientific and statistical evidence of factual causation.

Autonomy vs. beneficence. A bioethical inquiry for Covid-19 mandatory vaccination

Lately, the public discussion around mandatory vaccination has been an intensely enliven one. On the one hand, there are those who argue for the effectiveness of vaccination and demand that all procure it in order that all be immunize and that the threat of COVID-19 be minimize. On the other hand, there are those who are troubled about getting the vaccine and claim that mandatory vaccination is an infringement on their individual Autonomy. Furthermore, there are those who refuse vaccination for faith-based reasons and thus invoke religious exemption. The paper offers a moral analysis about the conflict between Mandatory Vaccination, supposed to be for the good of the community, and individual Autonomy. It clarifies why there are no moral basis for mandatory vaccination nor for religious exemption.

MODERNISASI ARSITEKTUR TRADISIONAL ISTANA DALAM LOKAL DI SUMBAWA (STUDI HISTORIS ARKEOLOGI)

The traditional architecture of the Dalam Loka Palace in Sumbawa is a historical heritage that is stored in local culture as a royal residence. This palace was built in 1885 during the reign of Muhammad Jalaluddinsyah III which was used as a resting place for the royal family. The purpose of the research is to see the history and development of palace architecture along with the renovations that do not cause a shift in values, let alone cause the loss of meaning and social function as well as the local wisdom contained in it. The method used in this research is using a qualitative descriptive approach that starts from the stages of source collection (heuristic), criticism (verification), analysis and synthesis (interpretation), and writing (historiography), observation, interviews, literature study. The results show that the modernization referred to in the traditional architecture of the Istana Dalam Loka is to carry out a thorough restoration without changing the meaning as a moral basis that is embedded in the value of the existence of the palace in local Sumbawa.

A threat to cosmopolitan duties? How COVID-19 has been used as a tool to undermine refugee rights

The outbreak of COVID-19 in early 2020 provided cover for some states to take strict and hostile measures against refugees and asylum seekers, thereby privileging self-regarding over other-regarding or cosmopolitan-oriented policies. The hostile measures, which have included detentions, pushbacks and other refugee deterrence actions not only appeared to shake the refugee system, but they increased the vulnerability of asylum seekers and refugees who continued to be exposed to torture, drownings at sea, trafficking and sexual violence. This development, which included a fine-tuning of some measures that had been hatched before the emergence of COVID-19, appeared to set back efforts to nurture the bonds of global human solidarity and expand moral and ethical boundaries beyond state borders. However, the international refugee regime continues and is supported by many states and other international actors that seek to emphasise cosmopolitan and other-regarding policies. The resilience of the refugee system underlines the fact that international society has a practical and moral basis to challenge exclusionist policies towards asylum seekers and refugees, prevent future harm that might result from asylum deterrence policies and develop more humane forms of international refugee governance.

The Moral Basis of State Independence

The chapter takes as its starting point the central claim in Arthur Ripstein’s defense of a Kantian approach to war, namely that each state has a right to be independent from the determining choice of other states. The state’s right to independence is the basis for its permission to use force in national defense, and also for in bello restrictions that limit the permissible means of waging war to those necessary to stop aggression. But what morally justifies the state’s right to independence? And can this right be accounted for on Kantian grounds? Specifically, Stilz focuses on whether the Kantian view, as Ripstein reconstructs it, provides a philosophically satisfying basis for attributing a right to political independence to the state. In the final section, she outlines an alternative reading of Kant that may provide a more compelling moral foundation for this right.

Morality Matters in the Marketplace: The Role of Moral Metacognition in Consumer Purchasing

To better understand the seemingly inconsistent influence of consumers' morality on their marketplace behaviors, we apply insights from research on attitude moralization to the consumer domain. That is, rather than predefining certain products as “moral,” this approach treats morality as the extent to which individual consumers metacognitively perceive their positive product attitudes as rooted in moral (vs. non-moral) considerations. Across multiple studies (N = 1,105), a wide variety of product categories, and multiple methodological approaches (i.e., correlational, experimental, and longitudinal), we show how the degree to which consumers perceive a moral basis for their product attitudes robustly predicts their intended and actual marketplace behaviors. Importantly, these findings hold above and beyond overall attitudes, other metacognitive assessments (e.g., certainty and ambivalence), and explicit product quality. By extending prior research in moral social cognition to the consumer domain, we provide a more refined account of morality's role in consumer behavior.