The passionate and staunch defence of logic of the controversial thinker Ibn Ḥazm, Abū Muḥammad ʿAlī b. Aḥmad b. Saʿīd of Córdoba (384-456/994-1064), had lasting consequences in the Islamic world. Indeed, his book Facilitating the Understanding of the Rules of Logic and Introduction Thereto, with Common Expressions and Juristic Examples (Kitāb al-Taqrīb li-ḥadd al-manṭiq wa-l-mudkhal ilayhi bi-l-alfāẓ al-ʿāmmiyya wa-l-amthila al-fiqhiyya), composed in 1025-1029, was well known and discussed during and after his time; and it paved the way for the studies (...) of his compatriots Ibn Bājjah (d. 1138), Ibn Ṭufayl (1185), and Ibn Rushd (1198), who each gave demonstrative reasoning a privileged place within the methods of attaining knowledge. Unfortunately, as too often in the history of science, Ibn Ḥazm’s innovative perspectives and contributions in logic have been overlooked or considered with an attitude of contempt. On the one hand, his work has been seen, at best, as promulgating the benefits of studying Aristotle’s logic, so that his contribution is assessed as more didactical than conceptual. And on the other hand, those who do examine his innovations often consider them to be mistaken. As indicated by Chejne (1984, p. 2) contempt towards the logical work of Ibn Ḥazm was also present in its reception by the Eastern philosophers who accused him of deviating from Aristotelian logic and of dabbling in things beyond his capability. However, a reassessment of his work on logic has since begun, by delving into the ways the thinker of Córdoba studied the links between deontic and modal qualification of propositions. In this context Lameer’s (2013) paper on the logical sources of Ibn Ḥazm is worth mentioning; the author (p. 417, footnote 1) observes that, although, strictly speaking, it was al-Fārābī who first drew the parallelism between deontic and modal concepts, it was Ibn Ḥazm who developed it and worked it out in a more precise manner. A primary aim of this paper is to help fill some of these gaps by stressing the role of the work of Ibn Ḥazm in developing a notion of deontic necessity deeply rooted in legal normativity, and in explicitly discussing the transference between deontic and modal concepts. According to our view; the basic units of Islamic deontic logic are what we might call, indulging in terminological anachronism, heteronomous imperatives. As it turns out, the heteronomy of imperatives within Islamic legal systems contrasts with those of the purely moral realm, which seem to be closer to an autonomous conception of moral law. There it concurs again with Leibniz’s proposal to define obligatory as “what is necessary for a good person to do”. In the present paper, we will focus on the heteronomous imperatives of legal systems rather than on the imperatives of the purely moral realm. In this context, the work of Ibn Ḥazm extends the parallelism between the necessity of events and that of human actions stressed by his predecessors. According to our understanding, Ibn Ḥazm’s parallelism can be rendered explicit formally by means of a conditional (or hypothetical) structure shared by both deontic and modal propositions. Moreover, this structure makes apparent that this parallelism displays an underlying system of “degrees”. Indeed, while in the domain of events, given some conditions, it makes sense to distinguish between an event that is more likely to happen than another. Ibn Ḥazm speaks of near and distant possibility (such as the higher degree of likelihood of rain, given the condensation of clouds in December, and its lower degree, when the condensation occurs in summer); and, in the domain of actions, the Islamic notion of weighting actions determines degrees of virtue (or of legal and moral value). So whereas the degree of virtue of performing a forbidden act as determined by the distribution of sanction and reward is 0, we obtain the same value by pondering the likelihood of an impossible event to take place. Furthermore, as discussed in section II.3.2, the system of values at work in the parallelism can be seen as opening the way to a more direct correspondence. Thus, while in the realm of nature, likelihood of occurrence of an event is dependent upon the conditions specific to the occurrence of that event; while, in the realm of jurisprudence, likelihood of performing an action is dependent upon the distribution of reward and sanction specific to that action (being that, given the choice to perform or not perform a given action, those that will be rewarded are more likely to be performed than those that are not). According to this perspective, the point of the parallelism is that both deontic and modal qualifications measure the degree of an action or event to become actual; that is – indulging once more in anachronism (but this time from the Leibnizian background) – the degree measures how feasible (facile) an action or event may be. This suggests that Ibn Ḥazm’s perspectives already herald the links to probability and possibility explored by Leibniz six centuries later – see for example Leibniz’s (1671, A VI, I, p. 424-26) use of probability in the context of conditional right. Nevertheless, it also shows a crucial difference to the approach developed in the Elementa Jura Naturalis: whereas Leibniz’s studies seek to define what is to be just or virtuous, the logical system of deontic imperatives within Islamic jurisprudence presupposes that what is to be virtuous has already been settled. Determining what is to be virtuous is not achieved by logical reasoning within the system of legal jurisprudence, but by delving into the higher objectives of the Sharīʿa. While developing our point, we will delve into the logical structure of the heteronomous imperatives. This distinguishes our contribution from the existing literature, such as the papers of Chejne (1984), Lameer (2014), and Guerrero (1997, 2010, 2014), which do not provide a logical analysis of the deontic concepts put into work by Ibn Ḥazm. The true antecedent to the present paper is the work of Farid Zidani (2007, 2015), who, so far as we know, was the first to undertake such a task. Some of our own developments and general epistemological thoughts go beyond Ibn Ḥazm’s framework and motivations; mainly those contained in sections II.3.2 and IV. However, according to our view, these reflections suggest that Ibn Ḥazm’s approach has the substance for a broader and deeper exploration of the logic of norms. The paper is structured as follows:I.Ibn Ḥazm’s Logic of Heteronomous Imperatives. After presenting some extracts of the relevant text, we proceed by providing a formal reconstruction of the five forms of deontic modalities. II. A Landmark in the History of the Logical Analysis of Norms. Duties and Modalities. In this section, we study the transferences from deontic to modal necessity and possibility. We briefly compare the deontic system of Islamic Jurisprudence with that of Leibniz.III. Leibniz and Hypothetical Imperatives in Law.IV. Beyond Ibn Ḥazm: Conclusions and the Work Ahead. We will conclude the paper by discussing briefly some conceptual points that distinguish the logic of heteronomous imperatives from contemporary deontic logic. Our final words will discuss deontic-modal parallelism in the context of Ibn Ḥazm’s rejection of reasoning by conjecture and what we call “the internalization of nature.”. (shrink)

“Experimental jurisprudence” draws on empirical data to inform questions typically associated with jurisprudence or legal theory. Scholars in this flourishing movement conduct empirical studies about a variety of legal language and concepts. Despite the movement’s growth, its justification is still opaque. Jurisprudence is the study of deep and longstanding theoretical questions about law’s nature, but “experimental jurisprudence,” it might seem, simply surveys laypeople. This Article elaborates and defends experimental jurisprudence. Experimental jurisprudence, appropriately understood, is (...) not only consistent with traditional jurisprudence; it is an essential branch of it. (shrink)

GLOBALIZATION, ARAB SPRING AND THE CHANGING SOCIAL VALUES By Socrates Ebo, PhD -/- ABSTRACT -/- The tumultuous and eponymous events that set-off socio-political changes in the Maghreb from November 2010 were a confirmation or, better still, manifestation of a lager process which had gradually but steadily emerged a major factor in the socio-economic formation of the globe. This factor is no other than the process of globalization; a process that was heightened by the revolutions in Information and Communication Technology (ICT) (...) and the emergence of the New Media. Until the days of the social media, strong men who held authoritarian sway in the Maghreb carried on without any qualms as to the security of their political formation. But the New Media revolution changed all that. This work captures the role of globalization in the revolutions that swept through the Maghreb which have come to be known as the Arab Spring. -/- . (shrink)

African jurisprudence, like African philosophy, continues to be hotly debated. This article contends that the debate straddles the uniqueness claim which either emphasises the existence or possibility of a peculiar legal framework on the continent, and a historical co-extensional position reiterating that African jurisprudence is a continuum of other legal traditions. The article argues that there is no uniquely African jurisprudence, and that what obtains within the structures of jurisprudence on the continent also exists within various (...) legal traditions elsewhere, and as such can at best be described as ‘jurisprudence in Africa’ rather than ‘African jurisprudence’. It defends this thesis through analytic and comparative explications of the content of natural law theory and legal positivism as experienced on the continent. It concedes that relics of the colonial legal experience create contestations that inform scholars’ calls for a return to traditional legal systems. It concludes that a reconstructive jurisprudence in Africa must take cognisance of the continent’s historical and evolutionary legal experiences, but that a unified or monolithic theory may not be sufficient to address the choice of functional jurisprudence. Keywords African jurisprudence, jurisprudence in Africa, African legal evolution, diffused legal theories. (shrink)

Usually thoughts are not in isolation but in varing degrees have interrelations with each other. With regard to this historical fact as a classist want to explore the reception of a few medieval Arabic texts and writers of Socrates available teachings about politics.

Understanding Arab public opinion is central to the search for sustainable po- litical solutions in the Middle East. The way Westerners think about Arab public opinion may be affected by how it is referred to in their news media. Here, we show that Arab public opinion is rarely referred to as such in the US media. Instead, it is usually referred to as the Arab street, a metaphor that casts Arab public opinion as irrational and volatile. We trace the origins (...) of this metaphor to similar expressions in both English and Arabic, and note similarities and impor- tant differences between the English and Arabic usages. Ultimately, we argue that the Arab street metaphor misrepresents the Arab public, and invites dismissal of rather than engagement with Arab public opinion. (shrink)

The proposed theoretical motivation for legal fictionalism begins by focusing upon the seemingly supernatural powers of creation and control that mere mortals exercise over legal things, as a subclass of socially constructed things. This focus brings to the fore a dilemma of uncharitableness concerning the ontological commitments expressed in the discourse of whole societies about such things. Either, there is widespread equivocation as to the fundamental concept expressed by terms such as ‘existence’ or our claims about legal and other institutional (...) things are never really true. When stated as a dilemma, rather than assuming either horn from the outset, our broader social practice of fiction-telling yields a reason to prefer the fictionalist horn. -/- I differentiate three grades of legal fictionalism and contrast strong legal fictionalism with Horacio Spector’s weak form. Only the stronger form has it that engagement in a fictional discourse of law can provide reasons for legal decision-making independent of moral opinions or policy considerations. This stance relies on the claim that maintaining a fictional discourse with respect for its integrity justifies inferences to conclusions about a fictional domain beyond what is described in existing expressions of the discourse. Focusing on ontology allows an analogy between a fictional discourse of law and literary or popular fiction, in which context such inferences are more obviously persuasive. I argue that this notion of respect for the integrity of such a discourse saves legal formalist jurisprudence from the indeterminacy objections of legal realists. (shrink)

It is possible and thereby feasible to develop and implement a pragmatic methodology for a preemptive evidentiary system of ‘Paraphysical Jurisprudence’ for mediating the occurrence of massacres. A required comprehensive completion and formalizing of the tools of epistemology (theory of knowledge) already exists and has been tested both ecumenically and scientifically. The evolution of epistemology has followed the historical progression from myth and superstition to logic and reason to empiricism and now finally to the utility of ‘transcendence’ as a (...) tool in knowledge acquisition. An inspiring example from popular culture is illustrated in the 2002 Hollywood film noir “Minority Report” designed by its director to present a ‘plausible future world’ for the year 2054 wherein an elaborate ‘Precrime Unit’ is tested to prevent murder by utilizing a trio of ‘precogs’ bathed in a ‘photonic milk’ able to presciently predetermine impending occurrences of homicide for which the Precrime Police Unit then intervenes to prevent. Disdain for a putative so-called scientific metaphysics by natural philosophers is deeply rooted in modern pragmatic societies; perhaps rightly so as consistency, credibility and lack of a comprehensive theory has been heretofore emphatically lacking. In addition to the major problem of repeatability is the perceived distinction between domains of the physical and so-called ‘spiritual’ as mutually exclusive. In this work a strong case is made for the rigorous viability and near term putative implementation of a system of paraphysical jurisprudence drawing on the utility of a panoply of concepts. The remaining question is when does feasible become practical in the face of a steady increase in the heinous massacre of innocents? (shrink)

The purpose of the present article is two-fold. First, the article examines the reasons as to why Arab countries do not actively participate in WTO dispute settlement proceedings.17 Trade volume, lack of technical expertise, financial strains, political relations, enforcement, and language problems eachplay a role in Arab countries under-participation and are discussed herein. Second, the article provides possible avenues through which Arab countries can enhance their presence in the WTO dispute settlement process. In the process of examining these issues, the (...) article highlights the case(s) in which Arab countries participated in the WTO dispute settlement system. However, before addressing these issues, the article will briefly discuss the development of the WTO dispute settlement mechanism. (shrink)

Comparative religion scholar Thomas Berry’s influential concept of “Earth jurisprudence” has been helpfully elaborated in three principal books. My first section identifies four of their common themes, deriving therefrom an implicit narrative: (1) the basis of ecology is autopoiesis, which (2) originally generated human communities and Indigenous vernacular laws, which were (3) later reasserted by forest defenders who fought to create the Magna Carta’s “Charter of the Forest,” which is (4) now championed globally by the Indian physicist and eco-activist (...) Vandana Shiva’s Earth Democracy movement. My next three sections identify mutually exclusive elements of the three books, deriving the following alternative narrative: self-conscious new dancing rituals (Cullinan) could empower an historically informed reconstruction of private property (Burdon) via commons-based vernacular law (Weston and Bollier). And my conclusion offers one template for such a strategy, namely a new environmental variation on my dancing-poetic conception of legal justice, christened “emerald star-law.”. (shrink)

Although the two worlds, Arabic and Byzantine, were in proximity for many centuries, the influence of Arabic philosophy on the Byzantine intellectual tradition has not been studied thoroughly. Recent studies have substantiated the influence of the Arabic and Persian thought over Byzantine science. However, in the field of philosophy, research is still at an early stage and the impact of Arabic thought on Byzantine and vice versa has not been examined widely and in depth. Direct references (...) to philosophers in the Islamic world are rare and, apart from occasional studies, there is not an organised, in-depth account of the influence the Arabic philosophy exercised on Byzantine scholars. The present study is a wider, complete, and renewed presentation of the initial conclusions of my research, which aims to bring out and evaluate the perception of Arabic philosophy by the Byzantine intelligentsia during the 14th and 15th centuries. As exemplary cases Ι have chosen Georgios Gemistos Pletho (c.1360-1454) and Georgios Scholarios (c.1400-1472), whose rivalry defined Byzantine philosophy of the 15th century to a considerable degree. (shrink)

Johannes Steuchius’ disputatio uses Arabic logic to present an historical account of the development of philosophical thought in Arabia before and after the emergence of Islam. Steuchius first proposes that philosophy drew its origins from the East. His evidence for this claim is that many of the Greek philosophers, considered the forefathers of European philosophy, began cultivating their philosophical thinking as a result of exposure to ancient Eastern philosophy. After the introduction of Greek philosophy, it is agreed that dialectic (...) was among the first of the arts the Arabs practiced. (shrink)

Drawing upon Martha Fineman’s vulnerability theory, the paper argues that the legal claims of homeless appellants before and during the COVID-19 pandemic illustrate our universal vulnerability which stems from the essential, life-sustaining activities flowing from the ontological status of the human body. By recognizing that housing availability has constitutional significance because it provides for life-sustaining activities such as sleeping, eating and lying down, I argue that the legal rationale reviewed in the paper underscores the empirical, ontological reality of the body (...) as the basis for a jurisprudence of universal vulnerability. By tracing the constitutional basis of this jurisprudence from Right to Travel to Eighth Amendment grounds during COVID-19, the paper outlines a distinct legal paradigm for understanding vulnerability in its universal, constant and essential form – one of the central premises of vulnerability theory. (shrink)

My inquiry will assess why, many decades after first attempts of economic integration, Arab countries have not been more successful in emulating the success of the European Union, a paradigm of successful economic integration. Specifically, I will explore obstacles to Arab economic integration and address the political and economic factors that play a role to achieve this goal. The central hypothesis of this paper is that there must be fundamental structural changes in Arab economic integration agreements.

Notwithstanding its value as the earliest extant New Persian treatment of the art of rhetoric, Rādūyānī’s Interpreter of Rhetoric (Tarjumān al-Balāgha) has yet to be read from the vantage point of comparative poetics. Composed in the Ferghana region of modern Central Asia between the end of the eleventh century and the beginning of the twelfth century, Rādūyānī’s vernacularization of classical Arabic norms inaugurated literary theory in the New Persian language. I argue here that Rādūyānī’s vernacularization is most consequential with (...) respect to its transformation of the classical Arabic tropes of metaphor (istiʿāra) and comparison (tashbīh) to suit the new exigencies of a New Persian literary culture. In reversing the relation between metaphor and comparison enshrined in Arabic aesthetics, Rādūyānī concretized the Persian contribution to the global study of literary form. -/- . (shrink)

We describe the earliest occurrences of the Liar Paradox in the Arabic tradition. e early Mutakallimūn claim the Liar Sentence is both true and false; they also associate the Liar with problems concerning plural subjects, which is somewhat puzzling. Abharī (1200-1265) ascribes an unsatisfiable truth condition to the Liar Sentence—as he puts it, its being true is the conjunction of its being true and false—and so concludes that the sentence is not true. Tūsī (1201-1274) argues that self-referential sentences, like (...) the Liar, are not truth-apt, and defends this claim by appealing to a correspondence theory of truth. Translations of the texts are provided as an appendix. (shrink)

The presence of the Arabic language is without a doubt the primary reason underpinning the persistence of Islamic culture and Islamic identity. Although languages are thought of as a component of communication, new research in linguistics and philosophy suggests that languages actually constitute the most fundamental component in the development of identity and the acceptance of knowledge. The significance of language in the construction of identities and the learning dissemination of knowledge has grown, particularly since the American philosopher Edward (...) Sapir. By modifying the structure of languages, Sapir attempted to explain the fundamental components of language, such as meaning, word, and speech. Language thus serves as an embodiment of culture in linguistics, opening up the prospect of a successful scientific analysis of society. As a result, my major objective in writing this paper is to highlight the connection between the Islamic identity and the Arabic language and to shed light on the role that the latter had in the development of the former. (shrink)

Some Anglophone legal theorists look to analytic philosophy for core presuppositions. For example, the epistemological theories of Ludwig Wittgenstein and Willard Quine shape the theories of Dennis Patterson and Brian Leiter, respectively. These epistemologies are anti-foundational since they reject the kind of certain grounding that is exemplified in Cartesian philosophy. And, they are coherentist in that they seek to legitimate truth-claims by reference to entire linguistic systems. While these theories are insightful, the current context of information and communication technologies (ICT) (...) has created new informational concepts and issues. As a result, the analytic epistemologies are increasingly challenged by alternative perspectives. One such alternative is Structural Realism (SR), which is influential among the natural sciences, and especially physics. “Informational Structural Realism,” (ISR) is a variant of SR that was introduced by Luciano Floridi. Unlike the coherentist theories, ISR promotes examination of the connections among types of information and informational structures. It is an important shift for legal theory today, since the challenges that the ICT presents have to do with pattern recognition across vast domains of diverse data. An informational jurisprudence is now required to understand the issues emerging from the ICT. (shrink)

Despite the wide range of studies on how students’ past knowledge influences their understanding of scientific terminology, few studies were conducted to compare non-scientific language with scientific language, or rather everyday language with scientific language, from a cognitive linguistic perspective. The present paper aims to determine the cognitive mechanisms, i.e., image schemas, conceptual metaphor, and conceptual metonymy, which underpin the conceptualisation of the Arabic term سرعة (speed), using a conceptual metaphor theory framework. Thus, the research question guiding this study (...) is: What cognitive mechanisms underlie the concept of سرعة (speed) in Arabic? The findings of this study will shed light on how Arab speakers conceptualise this term, demonstrating their background knowledge of the term compared to its scientific meaning. The article adds to the growing body of cognitive linguistics research on the conceptual processes behind physics terms. The data was collected from the Arabic Web Corpus (arTenTen) using the Sketch Engine. The findings demonstrated that VERTICATLITY and SCALE schemas are the most dominant image schemas that anchor the conceptual meaning in Arab speakers’ perceptions of the term under investigation and the discourse in which it is employed, as well as offer the concrete basis for conceptual metaphors. The conceptual metaphor CHANGE IS MOTION (LOCATION) was also shown to be active in motivating the conception of SPEED in Arabic. (shrink)

Arab countries have adopted market economy principles and pursued policies designed to strengthen their economies. The cornerstone of Arab countries' long-term economic objectives has been to increase trade and support economic growth via regional and global integration. To this end, Arab countries are attempting to broaden their engagement in the multilateral trading system by joining the World Trade Organization (WTO). In addition, some Arab countries entered into trade arrangements with the United States (U.S.) to foster economic development, attract investment, and (...) develop peaceful relationship. These trade agreements carry several implications for local economies. (shrink)

This book offers substantial insight into students’ conceptualization of scientific terminology. The current book explores the commonalities and distinctions between Arabic and French physics terms, and the impact of the language disparities on students’ understanding of physics terms. This book adopts a novel approach to the problem of scientific terminology by exploring physics terms’ polysemy, prototypical meanings, and conceptual metaphor and metonymy, which motivates their extension of meaning. The book also investigates how the linguistic discrepancies and other variables affect (...) the learning of physics by Arab students (Moroccan students, in this book). Concepts in Physics: A Comparative Cognitive Analysis of Arabic and French Terminologies, whether you are a student of science, a science teacher or lecturer, a translator, or a linguist, is what you need. The book will help you comprehend the linguistic and cultural differences between western and non-western physics terminologies (in this book, French and Arabic physics terminologies) and the factors influencing the learning of physics concepts, and thus address the multiple challenges in learning scientific terms and concepts. (shrink)

This chapter offers an overview of experimental legal philosophy with a special focus on questions in general jurisprudence, that part of legal philosophy that asks about the concept and nature of law. Much of the experimental general jurisprudence work has tended to follow the questions that have interested general jurisprudence scholars for decades, that is, questions about the relation between legal norms and moral norms. Wholesale criticism of experimental general jurisprudence is scant, but, given existing debates (...) about experimental philosophy generally, one can anticipate where disagreement is likely to occur. Outside of experimental general jurisprudence, there is plenty of vibrant discussion about how experimental results can enrich our understanding of various concepts that figure in everyday legal thought such as causation, intention, consent, or meaning. In the future, experimental legal philosophers should continue to consider the degree to which their project is purely descriptive or whether it is revisionary or pragmatic in its ambitions. Also, future work might consider whether to focus more attention on legal experts. (shrink)

Es común escuchar que el mundo Occidental debe a los árabes el descubrimiento del álgebra. No obstante, el desarrollo de esta disciplina puede interpretarse como un crisol de distintas tradiciones científicas que fue posible gracias a la clasificación, traducción y crítica tanto de los clásicos como de las obras que los árabes obtuvieron de los pueblos que conquistaron. Entre estos trabajos se encontraba Los Elementos de Euclides. Los Elementos fueron cuidadosamente traducidos durante el califato de Al-Ma’mūn por el matemático Mohammed (...) ibn-Musa Al-Khwārizmī, autor de Al-jabr wa’l muqābalah, quien sentó los fundamentos de la disciplina que más tarde sería conocida como álgebra y quien, en la primera parte de su obra, nos proporciona tres métodos para resolver tres tipos de ecuaciones que llama “ecuaciones combinadas”. A lo largo de este artículo se ofrecen argumentos para sostener que los métodos para resolver estas ecuaciones constituyen una reinterpretación, en el terreno algebraico, de los teoremas 6, 7 y 8 del segundo libro de Los Elementos de Euclides. Mi objetivo es dar respuesta a la siguiente pregunta: ¿Qué lectura de Los elementos Euclides posibilitó la emergencia del álgebra en el mundo árabe? Para responderla necesario explorar el acercamiento que los árabes tuvieron con el Libro II de Los Elementos, con el fin de proponer una interpretación de los posibles factores que los llevaron a formular el álgebra. Esto último, en particular, se encuentra en la primera parte de la obra de Al-Khwārizmī. Palabras clave: Álgebra, Al-Khwārizmī, Euclides, Ecuación, Teorema. (shrink)

The present article focuses on the conceptual structures of two Arabic words which are used in both everyday life and science: كَهْرَبَاء (kahrabāʾ) (electricity) and ضَوْء (ḍawʾ) (light). Under a cognitive linguistics approach, the polysemy of these terms, revealed in the citations extracted from ArabiCorpus, is studied. More specifically, the analysis of the terms involves the polysemy or ‘radial category’ along with its prototypical and peripheral meanings, and the main factors in projecting the idealised cognitive models (ICMs) where the (...) radial categories are formed: conceptual metaphor and conceptual metonymy. The results indicate that power and knowledge motivate the conceptualisations that underpin the categories كَهْرَبَاء (kahrabāʾ) (electricity) and ضَوْء (ḍawʾ) (light) respectively. Using such non-scientific conception in understanding the scientific senses of these terms leads to students’ confusion and failure to understand them. To ensure that students construe the scientific concepts correctly, they must be mindful of the inconsistency between their non-scientific and scientific meanings. (shrink)

This paper explores the possibility that Hobbesian jurisprudence is best understood as a ‘third way’ in legal theory, irreducible to classical natural law or legal positivism. I sketch two potential ‘third theories’ of law -- legal pragmatism and legal dualism -- and argue that, when considered in its broadest sense, Leviathan is best viewed as an example of legal pragmatism. I consider whether this legal pragmatist interpretation can be sustained in the examination of Leviathan’s treatment of civil law, and (...) argue that the pragmatic interpretation can only be successful if we can resolve two textual issues in that chapter. First, while Hobbes argues that law entails the existence of public (sharable) reasons, he does not adequately defend the view that the sovereign is the unique authority over such reasons in all cases, especially as far as they concern known collective emergencies. Second, Hobbes both affirms and denies that a sovereign can fail to do justice, which is paradoxical. Both problems are best resolved by legal pragmatism, though the second problem resists a fully satisfying resolution. The upshot is that, although Leviathan ought to be regarded as an episode of legal pragmatism, there are trade-offs on every reading. (shrink)

Legal concepts can sometimes be unclear, leading to disagreements concerning their contents and inconsistencies in their application. At other times, the legal application of a concept can be entirely clear, sharp, and free of confusions, yet conflict with the ways in which ordinary people or other relevant stakeholders think about the concept. The aim of this chapter is to investigate the role of experimental jurisprudence in articulating and, ultimately, dealing with competing conceptual inferences either within a specific domain (e.g., (...) legal practice) or between, for example, ordinary people and legal practitioners. Although this chapter affirms the widespread assumption that experimental jurisprudence cannot, in and of itself, tell us which concepts should be applied at law, it highlights some of the contributions that experimental jurisprudence can, in principle, make to normative projects that seek to prescribe, reform, or otherwise engineer legal concepts. Thus, there is more that experimental jurisprudence can normatively offer than has usually been claimed. (shrink)

Commercial lawyers working across borders know that globalization has changed commercial law. To think of commercial law as only the law of states is to have an inadequate understanding of the norms governing commercial transactions. Some have argued for a transnational conception of commercial law, but their grounds of justification have been unpersuasive, often grounded on claims about the common content among national legal systems. Legal positivism is a rich literature on the concept of a legal system and the validity (...) conditions for rules in legal systems, but it has not been used to understand legal order outside or beyond the state. This article aims to use legal positivism to conceptualize a transnational commercial law order. Prevailing positivist accounts at least implicitly condition legal order on state sovereignty. The article offers a cosmopolitan conception of legal positivism, in which the state is no longer an enabling condition for law. The cosmopolitan conception provides the means by which to adequately describe a transnational commercial law order. There are limits to the conceptual analysis this article provides, one of which is that it does not purport to evaluate the justice or morality of transnational legal order. But the cosmopolitan conception of legal positivism elucidated in this article stands on its own as a way of understanding a number of transnational legal orders other than commercial law. The attractiveness of the account is that it describes law as a human social practice even when it is not solely the product of the state, so that we do not have to rely on natural law theories to understand legal rules that states do not maintain. (shrink)

Rules of origin (ROO) are pivotal element of the Greater Arab Free Trade Area (GAFTA). ROO are basically established to ensure that only eligible products receive preferential tariff treatment. Taking into consideration the profound implications of ROO for enhancing trade flows and facilitating the success of regional integration, this article sheds light on the way that ROO in GAFTA are designed and implemented. Moreover, the article examines the extent to which ROO still represents an obstacle to the full implementation of (...) GAFTA. In addition, the article provides ways to overcome the most important shortcomings of ROO text in the agreement and ultimately offering possible solutions to those issues. Bashar H. Malkawi and Mohammad I. El-Shafie. (shrink)

Recent bioethical issues that have emerged in the field of medicine include, but are not limited to, eugenics (artificial insemination), palliative care (end of life care), euthanasia (medical resuscitation), abortion, and the development of enhanced human body parts. These bioethical issues have raised ethical questions related to the use of modern technology and how it may affect the future of society. These questions consider issues such as: what is the identity of future children? Have human beings become a commodity exchanged (...) by those who have the ability to own them? What is the meaning of justice in medical treatment? How can physicians and nurses perform humanitarian work? -/- Discussions of these questions should begin by determining their relationships with typical social and cultural values in society, such as life and death, marriage, family, fatherhood, motherhood, relatives, and next-of-kin. -/- This paper presents a review of the important Arabic literature that has been written on these bioethical issues to show the contributions of Arab scholars in this field. Arabic studies in bioethics can be classified into three types: original Arabic writings, translated studies, and congresses held in the Arab region. (shrink)

Fichte argues that the conclusion of Kant’s transcendental deduction of the categories is correct yet lacks a crucial premise, given Kant’s admission that the metaphysical deduction locates an arbitrary origin for the categories. Fichte provides the missing premise by employing a new method: a genetic deduction of the categories from a first principle. Since Fichte claims to articulate the same view as Kant in a different, it is crucial to grasp genetic deduction in relation to the sorts of deduction that (...) Kant offers. I propose to interpret genetic deduction as the simultaneous fulfillment of two tasks: answering the question quid facti by deriving the categories from the I and answering the question quid juris by establishing our entitlement to the categories as conditions of experience. While the second task represents Fichte’s agreement with Kant’s transcendental deduction, the first reflects his correction of Kant’s metaphysical deduction. (shrink)

The current paper expands on previous work done on the influence of learners’ language and preexisting knowledge on understanding physics terminology by exploring the concept of ACCELERATION in Arabic and English. The study attempts to answer two questions: (1) what are the similarities and differences between the polysemy of Arabic تَسَارُع (tasāruʿ) (acceleration) and the polysemy of English acceleration, and (2) to what extent do prototypes and factors motivating the conceptualization of تَسَارُع (tasāruʿ) and the conceptualization of acceleration (...) converge or diverge? To this end, Arabic and English dictionaries and corpora, the ArabiCorpus (Arabic Corpus Search Tool) and the British National Corpus (BNC), were employed. The dictionaries were surveyed to explore the various meanings of تَسَارُع (tasāruʿ) and acceleration, while the ArabiCorpus and the BNC were employed to investigate the senses and to identify the most frequent collocates and so the prototypes of these terms. The meaning extension of the terms is examined on the basis of the cognitive mechanisms which appear in the corpora. Theoretically, the paper is informed by the prototype theory (Rosch, 1973; 1975), image schemas (Johnson, 1987), and conceptual metaphor (Lakoff & Johnson, 1980/2003). The results show that تَسَارُع (tasāruʿ) (acceleration) and acceleration generally overlap in terms of polysemy, prototype, and images schemas as well as conceptual metaphor that organize the conceptualization of these terms. It was also found that both Arab and English speakers mix ACCELERATION up with SPEED and so misunderstand them in a scientific setting. The present findings have several implications for science curriculum design, education, and research on universal and culture-specific properties of language. (shrink)

Free trade agreements are about reducing tariffs, market access in services, protection of intellectual property rights, streamlining customs procedures, trade remedy measures, and dispute settlement mechanism. Equally important if not even more important than these provisions is the designation of rules of origin. Many benefits can be lost if restrictive rules of origin are incorporated. Rules of origin are supposed to be straightforward and easy-to-follow methods used to determine origin of imported goods. The policy question that arises is how to (...) improve trade integration among Arab countries through more effective rules of origin. (shrink)

Abstract: The Present Article provides the Comprehensive Prudence behind the Intellectual Property Rights. In Indian sub-continent various Laws are enacted which grants Protection to the intellect. Intellectual Property has various domains and its kinds, it can be a Process, Product, Design, Literature, Music, Art, Computer programs or a Brand name. This Article covers the basic principles and the Rationality behind Intellectual Property Rights granted to the Proprietor by the Government.

Although academic freedom lies at the philosophical core of early Arab-Islamic advancement of knowledge and its tradition of free inquiry, academic freedom is currently under scrutiny. This is evidenced by the many ways the concept is widely misunderstood, resisted, contested, and subject to different interpretations by the Arab political elite. While the impediment of freedom of thought tends to be the fundamental signature of totalitarian political regimes, the idea or practice has spread beyond these limitations. While this subject has many (...) facets, this article only examines academic freedom within the scope of knowledge and inquiry derived from the revered text of the Qur’ãn, including its relation to democracy and radicalism. (shrink)

In this paper I shall discuss the relationship between the two known Arabic translations of Aristotle’s Posterior Analytics and Avicenna’s Kitāb al-Burhān. I shall argue that Avicenna relies on both (1) Abū Bishr Mattā’s translation and (2) the anonymous translation used by Averroes in the Long Commentary as well as in the Middle Commentary (and also indirectly preserved by Gerard of Cremona’s Latin translation of Aristotle’s work). Although, generally speaking, the problem is relevant to the history of the transmission (...) of the Posterior Analytics from Greek through Syriac into Arabic, I do not intend to give a systematic presentation of the historical setting in which Aristotle’s work became readily available to the Arabo-Islamic culture. My aim here is rather to isolate and discuss some pieces of evidence concerning the texts that seem to have been available to Avicenna. In addition to that, I shall also provide evidence concerning the relationship with the Greek commentary tradition (in particular Philoponus and Themistius) that is likely to have influenced Avicenna in his discussion of Aristotle’s theory of demonstration and scientific knowledge. (shrink)

This article examines the development of affirmative sexual consent in Canadian jurisprudence and legal theory and its adoption in Canadian law. Affirmative sexual consent requirements were explicitly proposed in Canadian legal literature in 1986, codified in the 1992 Criminal Code amendments, and recognized as an essential element of the common law and statutory definitions of sexual consent by the Supreme Court of Canada in a series of cases decided since 1994. Although sexual violence and non-enforcement of sexual assault laws (...) are worldwide phenomena, the international scholarly literature reflects limited awareness of these developments in Canadian law. This article remedies that gap in the literature. The Canadian experience with the definition of sexual consent as communicated “voluntary agreement” demonstrates the value of this conceptualization of consent; the definition provides a well-defined set of nondiscretionary reference points for legal analysis of the facts in sexual assault offenses. The effect is to facilitate effective enforcement of the sexual assault laws and affirm the right to sexual autonomy, sexual self-determination, and equality, consistent with fundamental principles of individual human rights. For all these reasons, familiarity with the Canadian experience may be useful to those engaged with the reform of rape and sexual assault laws in other jurisdictions. (shrink)

This is the original Arabic text of three philosophical questions raised by Tusi (1201–1274) in his letter to Khusrawshahi (1184-1254). These critical questions are related to three main fields of philosophy: Philosophy of Nature, Philosophical Psychology (or Philosophy of the Soul) and Philosophical Theology which is traditionally subsumed as one of the proper subtopics of Metaphysics. Although Tusi did not receive any recorded response from Khusrawshahi, his short letter attracted considerable scholarly attention and received some remarkable responses, in later (...) Islamic philosophy and thus provided an exemplar of the traditional technique of debating by way of “question-answer” correspondence. (shrink)

This paper examines how the concepts of utility, impartiality, and universality worked together to form the foundation of Adam Smith's jurisprudence. It argues that the theory of utility consistent with contemporary rational choice theory is insufficient to account for Smith's use of utility. Smith's jurisprudence relies on the impartial spectator's sympathetic judgment over whether third parties are injured, and not individuals' expected utility associated with individuals' expected gains from rendering judgments over innocence or guilt.

Furthering Western style academic freedom has been challenging, as Arab countries, especially Libya, have known only autocratic regimes throughout their modern existence. Amidst its current political and social upheaval, Libyan society is drifting towards the unknown. The problem addressed in this study is the impact of political change on the state of academia but, more specifically, academic freedom. Since the intervention in Libya by NATO states, many academics have lost their jobs. Some have become refugees outside of Libya as a (...) direct result of the appropriation of most of the governmental posts in the country by religious and political radicals. The research questions reflect ways in which the new inserted de facto leaders of post-transitional Libya have impacted life on Libyan campuses and academic freedom. (shrink)

The article focuses on an unexamined so far aspect of byzantine philosophy, namely the influence of Arabic philosophy upon byzantine thinkers. Despite the vicinity of Byzantium and Arabic territories, the philosophical interactions were minimal. Scholarios claimed, in a dedicatory epistle to Constantine Paleologus (1405-1453), that he had studied the treatises of Avicenna, Averroes, and other Arab and Persian philosophers. He admitted that Averroes was beyond doubt the best commentator of Aristotle. Scholarios acknowledged that the study of the Arabs (...) contributed immensely to his philosophical education and particularly to the proper understanding of the Aristotelian philosophy (Scholarios, vii.1-6). Scholarios aimed at the enrichment and renewal of Byzantine philosophy. Besides his high esteem for Arabic philosophy, he devoted a large part of his life translating and paraphrasing the Scholastics, especially Aquinas. Despite Scolarios’ claim about his erudition on the Arab and Persian philosophers, a detailed examination of his works proves that in most cases he simply reproduced and incorporated sections from Aquinas’ works, without resorting to the original sources. Scholarios’ references to the Arabs are multiplied in his translations and compendia of Aquinas’ works, but are reduced significantly in his original texts. Frequently Scholarios refrained from mentioning the Arab philosophers, despite the fact that he commented on Aquinas’ passages, which are dedicated to Avicenna or Averroes. On the contrary, Scholarios did not avoid mentioning in detail Aquinas’ Christian or ancient Greek sources. It is obvious that Scholarios did not have a consistent approach towards Arabic philosophy. Most of the times he reproduced loosely Aquinas’ passages, where the latter commented on the Arabs. (shrink)

The two important factors in science development are the social economy (gross domestic product, GDP) and freedom. In order to follow the development of science for both old Arabic-Islamic and Western civilizations, a statistical method is used to trace the variation of scientists' population with time. The analysis shows that: 1- There is a growth in Arabic-Islamic sciences for a period of three centuries (AD 700-1000). Then it is followed by period of declination. The decay time is about (...) of eight centuries. Major factor behind that decay in science activities and the block of the science thoughts may be attributed to religious thoughts domination, and cultural or thoughtful problems, in addition to the normal social problems like wars, disasters..etc. 2- The growth in western civilization started approximately in AD 1200 and remains in its growing. It looks that the wars, political problems have no serious effect in western sciences growth. The growth behaviour has a natural growth form. That may prove that, the secular society is quite perfect for such activities. For present time Arab-Islam societies have no distinguished contributions. The most important factor for that catastrophic retardation is the absence of the freedom of thought and believes. The obtaned curve has similarities with world GDP curve. (shrink)

The present paper aims to broaden the current understanding of students’ misconception of scientific terminology by identifying the gaps between Arabic and English scientific terminologies and between everyday language and scientific language. The paper compares the polysemy, prototypes, and motivating factors of English energy with those of Arabic طَاقَة (ṭāqa), with more focus on students’ prior knowledge. The study employs Lakoff’s (1987) idealized cognitive models and Rosch’s (1975) prototype theory to reveal the radial members of both categories, i.e., (...) energy and طَاقَة (ṭāqa), and to explain the kinds of cognitive mechanisms that motivate the extension as well as understanding of the meanings of these terms. To this end, the study uses several English and Arabic dictionaries, lexical databases and corpora. This is to explore all the meanings, prototypes and motivating factors of the terms under investigation. The results show that the terms energy and طَاقَة (ṭāqa) overlap in prototypical meanings and motivating factors but differ in less prototypical and peripheral meanings. English and Arabic learners may then face similar issues in learning scientific concepts due to the difference between their pre-existing knowledge and scientific language. (shrink)

لأننا نعيش في عالم يكتنفه الغموض من كل جانب؛ عالم تتسم معرفتنا لأحداثه ووقائعه بالتناقض واللاتحديد، وتُفصح قضايانا اللغوية الواصفة له عن الصدق تارة وعن الكذب تارة أخرى، فنحن في حاجة إلى فلسفة جديدة تعكس حقيقة رؤيتنا النسبية لهذا العالم وقصور معرفتنا به؛ ونحن في حاجة إلى نسقٍِ منطقي يُلائم معطياته غير المكتملة ويُشبع معالجاتنا لها، سواء على مستوى ممارسات الحياة اليومية أو على مستوى الممارسة العلمية بمختلف أشكالها. والفلسفة التي يقترحها هذا الكتاب هي «النيوتروسوفيا»؛ تلك النظرية التي قدمها الفيلسوف (...) والرياضي الأمريكي «فلورنتن سمارانداكه» العام 1995 كتعميم للنزعة الجدلية، والتي تكشف بأسلوب جديد عن تناقضات الفكر وحركته الدائبة والمتصلة بين الصدق والكذب، وتُعيد لملكة السلب هيبتها المفقودة لدى العقل القانع بوهم الثبات المطلق. ومن هذه النظرية ينبثق المنطق النيوتروسوفي كتعميم لأنساق المنطق المعاصر متعدد القيم، لاسيما المنطق الحدسي الغائم. ورغم حداثة النظرية والنسق، وتعدد مجالات تطبيقهما في الفكر الغربي المعاصر، وبصفة خاصة مجالات العلم التقني، إلا أن ثمة استخدامات أخرى لهما لدى مفكري العرب والإسلام إبان مرحلة ازدهار الحضارة الإسلامية، وهو ما يكشف عنه الكتاب من خلال دراسة منطقية مقارنة، تميط اللثام عن أصالة وخصوبة الفكر العربي، فضلاً عن تحرره وتسامحه وجمعه بين الرأي والرأي الآخر، في وقت يوسم فيه من قبل الغرب بالانغلاقية، والتشدد، والتحجر، ورفض الآخر، وخصومة الحوار الجدلي. (shrink)

Brian Z. Tamanaha has written extensively on realism in jurisprudence, but in his Realistic Theory of Law (2018), he uses "realism" in a commonplace way to ground a rough outline of legal history. While he refers to his method as genealogical, he does not acknowledge the complex tensions in the development of the philosophical use of that term from Nietzsche to Foucault, and the complex epistemological issues that separate them. While the book makes many interesting points, the methodological concerns (...) outweigh them in the overall assessment of the value of the work. (shrink)

One of the main philosophical works by Alexander of Aphrodisias, De principiis, is lost in its original Greek text, but it is preserved in three extant Medieval Semitic versions, one in Syriac and two in Arabic, which were written in the Near East between 500 and 950 AD. These versions are not totally identical and, as we have shown in 2012, they are in a rather complex textual relationship. As we will show in this article, a tentative reconstruction of (...) the lost text should be based upon an attentive and point‑to‑point comparative analysis of some aspect of all three versions. We have tentatively called the abore way “critical translation”. (shrink)

Imam Hatip schools (religious vocational schools) in Turkey have been taught teaching Arabic for many years. However, the objectives of learning Arabic have not yet been realized. The Education Council of the Ministry of Education prepares educational plans and programs for Arabic lessons in order to increase the quality of Arabic language teaching, the first of these programs was in 1973. This research is a field study carried out in 2016 on how to implement the educational (...) programs prepared in 2011 for Arabic lessons in Imam Hatip schools, and the problems facing the teacher in practical reality. The scope of the research is limited to Tekirdağ Anadolu Religious High School for boys, Süleymanpaşa Anadolu Religious High School for girls, Süleymanpaşa Religious Secondary school, and the teachers working in these schools. The research was based on the views of those educators as to how the educational programmes for Arabic lessons and the problems they faced during their exercise were implemented. The research was formulated through interviews with teachers. The results of the research according to the data received from the teachers were processed in the statistical program SPSS and then converted to frequency values and percentage values. These values were presented in tabular form. As a result of the findings, it was seen that most of the teachers did not read the Arabic lesson teaching program they were practicing, and they were unaware of the program’s vision, approach and goals; and they did not understand the program’s approach, vision, and objectives. Moreover, it was understood that the minds of the teachers were not clear about whether the Arabic language was a foreign language lesson or a religious vocational lesson, that the teaching practices and behaviors of teachers are incompatible with the educational program and they also had one view that the goals of the Arab lesson were largely unfulfilled. After the main results have been revealed and discussed, finally, following the disputed results, some suggestions were made to increase the quality of teaching Arabic such as making Arabic an effective, active and influential element in the lives of students and teachers through various awards and scholarships and the examination of Arabic as a foreign language in the university entrance examinations as an element of motivation and quality. In addition, in order to improve the quality of the Arabic teacher, we have made the Arabic exams as periodic, an increase in salaries according to the teachers’ receivables score, the continuation of in-service trainings, etc. (shrink)