The practice of covertly administering medications to patients without their consent is often discussed in the framework of legal questions around the right of patients to consent and refuse medical treatment. However, this practice also raises significant questions surrounding the professional duties and obligations of health care professionals as it relates to the decision-making process of whether to engage in the covert administration of medications. In this paper, I present an overview of the origin of those duties and obligations, and (...) discuss how those duties and obligations when seen from different perspectives may either justify or prohibit the practice. Further, I discuss whether the duties and obligations of health care professionals as they are currently framed are suited to address the complexities of this issue both from the health care professional and patient perspectives. This analysis is conducted in the context of duties and obligations that arise from not only legal framework but also from the ethical requirements from professional codes of ethics. (shrink)

When the Mamluk Sultan Qalawun (1279-1290) moves to Syria with her army to fight the Mongols, martial law is declared in Egypt. Kalavun's son as heir Salih Ali in Egypt, published to Zaynaddin Ketboğa a tazkire that dated April-1281 containing the martial law decisions. Tezkire talks about the duties and responsibilities of administrators in the context of state-security-service. These decisions are important state affairs in the flow of daily life such as the judiciary, law, justice, security, transportation, service, trade, land, (...) fair tax system, control of civil servants and state affairs. In addition, the healthy living conditions of the detainees, It also includes issues such as meeting the needs of the detainees such as churches and baths. Tazkire decisions aiming to ensure the flow of daily life in Egypt during wartime without causing a possible instability are always valid state policies aiming at state order and social welfare. In our article, we will talk about this tezkire, which was narrated as a full text by İbnü'l-Furât (d. 1405) and Kalkaşendî (d. 1418). (shrink)

Should we conceive of corporations as entities to which moral responsibility can be attributed? This contribution presents what we will call a political account of corporate moral responsibility. We argue that in modern, liberal democratic societies, there is an underlying political need to attribute greater levels of moral responsibility to corporations. Corporate moral responsibility is essential to the maintenance of social coordination that both advances social welfare and protects citizens' moral entitlements. This political account posits a special capacity of self-governance (...) that corporations can intelligibly be said to possess. Corporations can be said to be "administrators of duty" in that they can voluntarily incorporate moral principles into their decision-making processes about how to conduct business. This account supplements and partly transforms earlier pragmatic accounts of corporate moral responsibility by disentangling responsibility from its conventional linkages with accountability, blame and punishment. It thereby represents a distinctive way to defend corporate moral responsibility and shows how Kantian thinking can be helpful in disentangling the problems surrounding the concept. (shrink)

The aim of this paper is to articulate the basic elements of a comprehensive ethic of academic administration, organized around a set of three cardinal virtues: commitment to the good of the institution; good administrative judgment; and conscientiousness in discharging the duties of the office. In addition to explaining this framework and defending its adequacy, the paper develops an account of the nature of integrity, and argues that the three cardinal virtues of academic administration can be captured in the concept (...) of integrity in academic administration. The Aristotelian basis for this framework is summarized, and its central ideas are illustrated through a variety of applications. (shrink)

Providing in-utero treatments to target specific conditions in the fetus is a relatively new approach in perinatal care, with the vast majority of these treatments being used off-label. The high degree of off-label medication use in the perinatal and neonatal settings raises concern for the safety of both the fetuses and expectant mothers. This report presents two examples of intra-amniotic drug administration based on reported clinical cases. From the ethical framework of medical principlism, we examine the competing ethical duties of (...) autonomy, beneficence, and non-maleficence in this setting. We then lay out three fundamental ethical principles for obtaining informed consent and maximizing clinical benefit. (shrink)

Among the options of government for reducing negative environmental externalities from agriculture is the institution of a polluter statutory liability. An environmental duty of care imposes a statutory liability on agents who interact with the environment to avoid causing environmental harm. This paper documents environmental duty of care provisions governing landholders in Queensland, Australia, with specific reference to the 2007 Queensland State Rural Leasehold Land Strategy. The paper reports on a positive response by a group of leaseholders within (...) the Northern Gulf Region in Queensland who developed a prototype environmental code of practice for grazing—a land use not previously covered by such an institution in Australia. The paper concludes that (1) a statutory environmental duty of care and specific forms of leasehold tenure are elements of an effective strategy for implementing an agricultural environmental ethics in north Australia’s rangelands and (2) a grazing industry code of practice is a practical and important tool for the grazing industry to safeguard its social licence to operate. (shrink)

College and university academic deans must comply with two sets of professional regulations. As faculty members, they must adhere to their institution's internally generated code of ethics. As administrators and agents of their institution, they must meet the fiduciary duties of diligence and loyalty. Both sets of regulations are similar in the obligations they impose on a dean, the degree of care they demand of a dean in the execution of those obligations, the nature of a breach of those obligations (...) by a dean, the procedures by which the breach of an obligation is addressed, and the remedies available to the institution against a dean following a breach. Colleges and universities should develop and publish both an ethics code and a fiduciary code. Both sets of regulations, however, should avoid common shortcomings. Ethics codes should not be too specific or too general, overly simplistic or highly complex, or outstripped by the rapidly changing world of academia. A codification of fiduciary duties should avoid the problems of poor definition or ambiguity. Developing an institutional code of professional responsibility that incorporates both ethical and fiduciary responsibilities would provide an academic dean with a more comprehensive benchmark for professional expectations and responsibilities. The interplay between the two sets of complementary regulations would further clarify the professional expectation of an academic dean and may also ameliorate some of the shortcomings inherent in an ethics code. (shrink)

Introduction: and a pop quiz -- Administrative ethics: ideas, sources, and development -- Refining the sense of duty: responsibilities of public administrators and the issue of agency -- Reinforcing and enlarging duty: philosophical bases of ethical behavior and the ethics triangle -- Codifying duty and ethical perspectives: professional codes of ethics -- Undermining duty: challenges to the ethical behavior of public administrators -- Deciding how to meet obligations and act responsibly: ethical analysis and problem solving -- (...) Acting on duty in the face of uncertainty and risk: responsible whistleblowing -- Elevating ethical behavior in the organization -- Mandating duty: external measures to promote ethics -- Conclusion: the duties of public administrators. (shrink)

Among medical researchers and clinicians the dominant view is that it is unethical to deceive patients by prescribing a placebo. This opinion is formalized in a recent policy issued by the American Medical Association (AMA [Chicago, IL]). Although placebos can be shown to be always safe, often effective, and sometimes necessary, doctors are now effectively prohibited from using them in clinical practice. I argue that the deceptive administration of placebos is not subject to the same moral objections that face other (...) forms of deception in clinical practice and medical research. Although deception is normally objectionable on the grounds that it limits autonomy and breaches trust, these grounds do not apply to placebos when they are prescribed within appropriate ethical limits. Patients have reason to prefer that doctors can prescribe placebos in ethically responsible ways. Hence, the AMA has an obligation to endorse and to promote the responsible use of deceptive placebos in clinical practice. (shrink)

In Regina v. Murray, (2000, Ont S.Ct.J.) the learned trial judge, Justice Gravely, errs in his interpretation and application of the law of mens rea in the offense of willfully attempting to obstruct justice under section 139(2) of the Criminal Code of Canada. In view of his findings of fact and law, including the determination that the accused knowingly and intentionally committed the actus reus of the offense and the absence of any suggestion that he lacked awareness of any relevant (...) facts, there is no question in law but that Kenneth Murray was liable to be, and actually should have been, convicted. Nonetheless, the trial judge concluded that Murray’s alleged belief, that his actions were required by his duty to his client, raised a reasonable doubt about his intention to obstruct justice and entitled him to be acquitted. -/- In his reasons for judgment, the trial judge analyzes mens rea as if there is a “color of right” defense to the offense of obstruction of justice. In law, however, no such defense exists to this offense. Consequently, even if Mr. Murray did “honestly believe” that he had a duty to his client not to disclose the existence of the video tapes, that belief could not provide him with an exculpatory defence. In Canada, pursuant to common law and section 19 of the Criminal Code, mistakes of law do not excuse accused persons from responsibility for criminal conduct in the absence of a statutory exception. No exception exists for the offense of obstruction of justice. Yet the Crown did not choose to appeal and thereby signaled its acceptance of the legal analysis adopted by the trial judge. By contrast, if the analysis proposed in this piece had been adopted, the Crown should have prevailed at trial and, if unsuccessful at trial, would have had a right of appeal on a question of law. -/- At least two tendencies converge as significant influences shaping the outcome in the Murray case. The central tendency, discussed in Part I of this article, is the trial judge’s treatment of the accused’s alleged mistake about his legal duty as if it were a mistake about a question of fact which therefore could give rise to a reasonable doubt about intention or culpable awareness. This approach to mistaken beliefs ignores the distinction between mistakes of law and mistakes of fact, and then characterizes all mistakes as mistakes of fact. Unfortunately, this is not uncommon in the case law. In recent years however, as explained below, the judiciary has rejected that approach in a number of leading cases and ruled that mistakes which are actually mistakes about the meaning, scope, or application of the law are subject to the general rule and do not provide an accused with an exculpatory defense. The relationship between mistake of law and mens rea in Canadian criminal law has also been the subject of critical scholarly comment in Canada in recent years. The Murray decision provides evidence that, despite clarification by the Supreme Court, in some lower courts the unrefined approach to mistaken belief continues to shape the legal analysis of criminal culpability, even when the mistaken belief is overtly a belief about the law. This will not change until the proper characterization of mistaken beliefs as legal or factual becomes a deliberate and common-place aspect of case analysis at the trial court level. -/- The other tendency, discussed in Part III of this article, is one that often appears as a companion to the first - the judicial tendency to perceive and invoke analytical legal ambiguity in favour of accuseds more readily in cases in which the impugned conduct involves the discretionary exercise of authority which, when used appropriately, is fully legitimate and essential to the normal functioning of the existing socio-legal order. Of course, courts are strongly influenced by the arguments put to them by counsel. And counsel, acting on behalf of client groups with particular group interests may, consciously or unconsciously, favour the development of those lines of analysis which are protective of that interest or associated institutional interests. One of the reasons for scrutinizing the Murray case is that it provides a concrete context for discussion of those issues in relation to an actual decision made by Crown prosecutors. The case provides an occasion to examine a specific example of the exercise of prosecutorial discretion, its implications for the administration of criminal justice, and its broader potential impact on the public interest. [See also errata in UNBLJ 2002 volume 52 at pp 309-310.]. (shrink)

For over half a century there have been concerns about increases in the occurrence of academic misconduct by higher education students and this is now claimed to have reached crisis proportions (e.g. Mostrous & Kenber, 2016a ). This study explores the extent to which multi-national faculty judge the effectiveness of higher education institutions in dealing with such misconduct. A survey of multi-national higher education faculty was conducted to explore the perceived barriers to the implementation of academic integrity processes. It asked (...) faculty how likely some hypothetical scenarios of failures of such processes were to occur in the real world of higher education institutions. 63% of our participants perceived there to be institutional and/or faculty barriers to effectively dealing with academic misconduct. Mostly, they blamed the higher education model for this which, in the interests of mass education, has come to prioritise the need for institutions to focus more on their quantity of output as corporate business enterprises than on the integrity of their output as educators. In discussing participants’ comments, about the relationship of faculty to their employing institutions, Schein and Scheins’ ( 2016 ) theory of three levels of organisational culture was used. Participants’ comments suggested that, at the deepest level of organisational culture i.e. basic underlying taken-for-granted assumptions about beliefs and values, inadequate integrity measures have tended to become normalised. Despite the often considerable, efforts of the institutions, organisational barriers were noted which mitigate against faculty behaving professionally i.e. from doing a ‘good job’ in respect of student academic misconduct. Some blame was also placed on faculty. We argue that apparent institutional inability to effectively manage the integrity process, has potentially significant consequences for wider society. We discuss ways in which this situation might be improved including a recommendation that governments regulate this aspect of the corporate social responsibility of higher education institutions as they do other aspects, requiring that it be managed effectively. (shrink)

The COVID-19 pandemic exposed social shortcomings and ethical failures, but it also revealed strengths and successes. In this perspective article, we examine and discuss one strength: the duty to care. We understand this duty in a broad sense, as more than a duty to treat individual patients who could infect health care workers. We understand it as a prima facie duty to work to provide care and promote health in the face of risks, obstacles, and inconveniences. (...) Although at least one survey suggested that health care workers would not respond to a SARS-like outbreak according to a duty to care, we give reasons to show that the response was better than expected. The reasons we discuss lead us to consider normative accounts of the duty to care based on the adoption of social roles. Then, we consider one view of the relationship between empirical claims and normative claims about the duty to care in the COVID-19 pandemic. Here, we draw insight from Mengzi, with an emendation from Dewey. Our perspective leaves many question to research, but one point seems clear: there will be future pandemics and the need for health care workers who respond. (shrink)

Plato's Cretan City is a thorough investigation into the roots of Plato's Laws and a compelling explication of his ideas on legislation and social institutions. A dialogue among three travelers, the Laws proposes a detailed plan for administering a new colony on the island of Crete. In examining this dialogue, Glenn Morrow describes the contemporary Greek institutions in Athens, Crete, and Sparta on which Plato based his model city, and explores the philosopher's proposed regulations concerning property, the family, government, and (...) the administration of justice, education, and religion. He approaches the Laws as both a living document of reform and a philosophical inquiry into humankind's highest earthly duty. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Patterns of Penance and the Sin of Cain:Approaching a Sacramental Biblical TheologyJames B. ProthroMy essay focuses particularly on the sacrament of reconciliation. I am currently composing a monograph on this sacrament for a series in biblical theology, surveying the Scriptures to see how, within them, the Church's sacraments are prefigured, revealed, and commanded, and to illustrate Scripture's witness in a way that will "strengthen" and "rejuvenate" our theology and (...) practice, following Dei Verbum (DV) §24. My contribution here focuses especially on how to approach writing a biblical theology of penance. Biblical treatments and defenses of the sacrament are often brief, contenting themselves with proving a few conceptual points or doubling down on Jesus's giving his apostles the power and duty of absolution in John 20:19–23. Robert Fastiggi's discussion of the biblical "foundations" of reconciliation, for instance, spans less than thirty pages for both testaments combined, and concludes with a kind of anti-climactic apology: "While it's clear that the Sacrament of Penance has been instituted by Christ, the actual form of the administration of the sacrament will need to develop within the Church's tradition."1 This is a roundabout way of saying that although Scripture clearly attests to the sacrament's theological foundations, it leaves us only with foundations. If this is true, how far can a biblical theology of the sacrament go, and how should one go about it?Approaching a biblical theology of penance, I think, requires us to pause and consider two aspects of the task. First, we should give an account [End Page 1371] of "biblical theology" and our aims in writing one. Secondly, we should consider how to write a theology of this sacrament in particular. What should we be looking for? Such questions will help us gain a clearer vision of what illumination we should expect from Scripture about penance and how we will go about finding it. With our approach and aims discussed, this essay can then conclude with an attempt to follow them in practice by offering a theological, penance-focused exegesis of the sin of Cain (Gen 4:1–16).A Biblical Theology of the SacramentWriting a biblical theology of the sacrament of reconciliation requires us to attend to the notion of "biblical theology." Unfortunately, there continues to be little agreement on exactly what biblical theology is. The phrase is "a wax nose" molded always to the interpreter practicing it.2 Thankfully, however, this lack of consensus allows us to offer our own proposal and tailor it to the task at hand. Rather than offering a requisite Forschungsbericht or haggling with other proposals in detail as though my goal were to dismantle or replace them globally, I can in this brief essay tell you how I think one should go about this task and why.Our task is writing a biblical theology of penance, and we may begin by noting already two small words in that phrase that tell us much. The first is the indefinite article, "a." We are writing a biblical theology. That designates our goal already as an academic product that fits a particular genre, not simply a lens with which I read. Depending on which term one emphasizes—biblical or theology—and depending on what one means the phrase to rule out, the phrase "biblical theology" can be used to indicate exegesis that is "theologically interested"3 (as opposed to exegesis that spurns dogmatic theology) or to indicate theology that is "biblically faithful"4 (i.e., explicitly biblically sourced as opposed to theologies that operate from first principles other than revelation). Both of these uses of the term, I think, have valid interests but cede too much definitional ground: exegesis that is opposed to or not aimed at the theological truth is incomplete, from a Catholic perspective, and theology that is not constantly informed and reformed by God's [End Page 1372] word can only be ancillary to theology.5 To do exegesis that is theological or theology that is exegetical is simply to do exegesis or to do theology; we do not need an added composite term. Writing a biblical theology indicates not merely... (shrink)

Mirrors for princes, in general, give advices to the rulers about the subtleties of political art. Another aim of these books is to define and explain the administration of the state and the duties of rulers based on experience. In consequence of this they reflect the practical ethics of the period in which they were written. As such, they resemble practical handbooks written for rulers. Another point regarding the mirrors for princes works in which the political understanding of the era (...) can be observed is that they generally use sacred texts in order to prove the political legitimacy or invalidity of the power, as well as the rightfulness or the unlawfulness of the claims to the throne. Evidences from the Qurʾān and the ḥadīth literature was almost always used to support such advocated opinions. In fact, during the Middle Ages when religion and politics were considered coupled, it was unthinkable that religious elements should not be included in the works of state administration. The important point here is that the verses and ḥadīths were sometimes removed from their contexts and interpreted and explained in a way to support the ideology of the author or the ruler whom the author presented his work. In this study, we will try to reveal the subjects in which the verses and ḥadīths used in the mirrors for princes, which is a genre that has emerged within the Islamic culture and civilization. Thus, we aim to prepare a background for the future studies, which will focus on a specific verse or ḥadīth.Summary: The first political splits in Islamic history occurred immediately after the death of prophet Muḥammad. These differences were resolved by the agreement of the majority of Muslims on Abu Bakr's name. Until the second half of the rule of the third caliph ʿUthmān, Muslims came together around the unifying power of the idea of conquest. Nevertheless, substantially as a result of economically based problems the period of tranquility in Islamic society came to an end and was replaced by disputes. Disputes turned into conflict and ultimately seperation fused with the massacre of ʿUthmān in the capital Medina turned into a big fire with the Battles of the Camel and Ṣiffīn, the emergence of Khārijīs, the formation of the Shia and the deepening of the intellectual divisions after the all of these. Islamic history has witnessed a clash of different religious views and beliefs. along with deepening of intellectual disagreements as a result of political debatesIn the Islamic political thought, especially the first two centuries process was formed around the views of the jurists, muḥaddiths and theologians. The first sources used by those who tried to justify their opinion in the differences of opinion experienced during this period were the Qurʾān and ḥadīth literature which Muslims accepted as the determining factor in all their acts. The views based on the Qur'an and the hadiths, which are the two main sources of Islamic religion, had been used to influence the people, legitimize the actions and refute the claims of the opponents. On the other hand the sort who gave direction to political thought changed and political thought adhered a new path with Turks and Persians served as bureaucrats and soldiers and took an active position in the state. Especially Persians carried the culture of advice to Islamic thought, which is the product of both Greek and Hind civilization. Such books had brought in the İslamic society with translation movements began in the Umayyad period and peaked with the Bayt al-Ḥikma in the Abbasid period. Together with these books, the ideas of these civilizations on ideal state administration, politics and morality were recognized by Muslim scholars.These type of works, which are famous in terms of Islamic thought as mirrors for princes, have been written by Muslim scholars since the middle of the eighth century. Mirrors for princes are political, moral and religious content books that gives the rulers practical advice to maintain their power in accordance with the religious orders and prohibitions, and to the consent of Allāh’s who grant them this authority and people which appointed for their administration. Mirrors for princes are mostly theoretical books since they are mostly focused on what should be. In addition, since they are written for names that currently hold power, they are centered on how the rulers can maintain and increase their power and with which practices the state will maintain its existence for a longer period. The basic point of political thought and political interpretation are concepts and definitions. When the concept meaning of a word is mentioned, it is generally considered that there is a general definition. However, the concepts reflect the meaning that the user assigns to him in the context of his thoughts, perceptions, criticisms, explanations and analyzes. Concepts such as fair, honest, brave, hero, beautiful, rich, good and clean express what the person imposes on the meaning. In other words, everyone’s experience determines the content of the concept so far. The meaning of the concepts varies with the age and its user of that concept. Even concepts such as justice, merit and consultation can change meaning in different periods and geographies. The concepts, which are often used to facilitate understanding, are sometimes used to judge, to mold or mislead the interlocutor. In this context, it is imperative to enter the mind of the user in order to make concept analysis.In Islamic civilization, the principles of management are explained with concepts. The idiosyncrasies that Muslims expect from an ideal ruler are defined as justice, consultation, merit, trust and legitimacy and a broad corpus has been written about the concepts related to the administration, especially those mentioned. One type of this corpus is mirrors for princes.In Islamic history, there are many Mirrors for princes who are written in different time periods by names coming from different geographies and different backgrounds. Although the advice given in Mirrors for princes indicate a great similarity to each other, the preferred arguments and examples in the foundation of the counsel are different. While the persons in active politics mostly based their opinions on political arguments, scholars with scientific tradition supported their advices with religious arguments.Verses are the leading religious elements highlighted in Mirrors for princes. While explaining the concepts and emphasizing the importance of the advices, many verses have been exploited. Some verses are used only by one author, while some verses are the subject of their work by many authors. In the same way, ḥadīths and the sentences accepted as ḥadīths were also used to reinforce the emphasis and meaning. At this point, sometimes the context of the verses and ḥadīths were not taken care of. In this study, we aim to address the use of religious elements.In the literature, different opinions have emerged about who is ülü’l-emr and the limits of obedience to ülü’l-emr that used describe the names of senior executives and leaders of society. The reason for the difference is that each sect or religious school provides an interpretation on the basis of grounding its own views in explaining the verse. Justice is the most emphasized concept among the advices given to the rulers in mirrors for princes. Justice, which is shown as the most important feature of a sovereign, has been regarded as extremely important for the state to existences until the Doomsday. In addition, justice has been described as the most important condition for the maintenance of the state/sovereign authority. Consultation was important to make the right decision.Verses and ḥadīths were used in the explanations about the personal characteristics of the sovereign. Some features such as being compassionate, keeping promise, controlling anger, patience, honesty, blessing, extravagance, self-esteem, break a promise, revoke a promise and arrogance have become the subject of politics. When the mirrors for princes are considered as a whole, it is seen that religion and state are considered as inseparable twin brothers, taken one step further the understanding that accepts religion and the world as brothers especially is a product of the old Persian tradition. In this understanding, religion was accepted as the root and was given the duty of its patronage to political authority. It is seen that in the Mirrors for princes verses and ḥadīths hold a significant amount. As the reason for this can be said that along with religion takes place on the basis of morality, the authors of the Mirrors for princes, which put deep meanings on the relationship between religion and the state in the period that we are dealing with, consider both institutions to be complementary and integrative. (shrink)

The background to the regime : Demetrius of Phalerum's early years. The years in obscurity : the reigns of Philip, Alexander, and the age of Lycurgus -- Demetrius' rise to prominence : Athens after Alexander -- The decade of Demetrius : some introductory observations -- Demetrius the law-giver : the moral programme. Burial laws -- The gunaikonomoi and their laws -- The nomophulakes -- Demetrius and the ephêbeia -- The laws : an interpretation and discussion of the historical context -- (...) The institutions of democracy. The citizen body -- The assembly and council -- Elections and the archonship -- Jurisdiction in the courts : the graphê paranomôn and eisangelia -- The Areopagus -- The Athenian institutions : a summary -- Festivals and finances : the economic administration of Athens. Demetrius and the khorêgeia -- The other liturgies -- The Athenian economy, 317-307 -- Philosophy and the Phalerean regime. Demetrius' laws and the Peripatos -- The philosophical schools and political calumny -- Demetrius : orator, peripatetic, and patron of philosophers -- Athens and Cassander. The years 317-307 : a narrative history -- Athenian foreign policy under Demetrius of Phalerum -- Conclusion -- Appendix 1. The literary sources for the regime of Demetrius -- Appendix 2. Gunaikonomoi & nomophulakes : a comparison -- Appendix 3. The duties of the gunaikonomoi : a rejected suggestion. (shrink)

Michael Robillard and Bradley Strawser’s Outsourcing Duty: The Moral Exploitation of the American Soldier (New York: Oxford University Press, 2022) is outstanding. The arguments in it are important, new, and powerful, and it is extremely well-written. It is accessibly written, including eye-opening personal stories (including the authors’ stories), an interesting array of economic and sociological studies, and colorful illustrative quotes from The Bourne Legacy, The Handmaid’s Tale, and Rudyard Kipling’s poem, Tommy. It also includes colorful-and-caustic comments on the Bush- (...) and Obama-administrations’ decisions regarding going to war and staying at war that nicely highlight what is at stake. In short, the book is a tour de force. (shrink)

Both law and medicine rely on self-regulation and codes of professionalism to ensure duties are performed in a competent, ethical manner. Unlike physicians, however, judges are lawyers themselves, so judicial oversight is also self-regulation. As previous literature has highlighted, the hesitation to report a cognitively-compromised judge has resulted in an “opensecret” amongst lawyers who face numerous conflicts of interest.Through a case study involving a senior judge with severe cognitive impairment, this article considers the unique ethical dilemmas that cognitive specialists may (...) encounter when navigating duties to patient, society, and the medical profession, without clear legal guidance.Systemic self-regulatory inadequacies in the legal profession are addressed, as well as challenges that arise when trying to preserve the trust and dignity of an incapacitated patient who must fulfill special duties to society.Ultimately, because of their unique neurological expertise and impartial assessments, we submit that allowing cognitive specialists to submit their assessments to an internal judiciary board may act as an additional check and balance to ensure the fair and competent administration of justice. (shrink)

This book studies the history of intercultural human rights. It examines the foundational elements of human rights in the East and the West and provides a comparative analysis of the independent streams of thought originating from the two different geographic spaces. It traces the genesis of the idea of human rights back to ancient Indian and Greco-Roman texts, especially concepts such as the Rigvedic universal moral law, the Upanishadic narratives, the Romans' model of governance, the rule of law, and administration (...) of justice. It also looks at Cicero's concept of rights and duties which focuses on quality of compassion and fair play, and Seneca's expositions on mercy, empathy, justice and checks on the arbitrary exercise of power. An important contribution, this book fills a significant gap in the study of human rights. It will be useful for students and researchers of political science, ancient history, religion and civilizations, philosophy, history, human rights, governance, law, sociology, and South Asian studies. The book also caters to general readers interested in the history of human rights. (shrink)

This article addresses the tensions between the sense of responsibility that university administrators feel to protect student privacy with the requirement to be accountable and transparent to the public. This discussion is placed in the context of the history and purpose of post-secondary education.

The purpose of this research is to identify the extent of the efficiency of the internal control environment in the Palestinian higher educational institutions in Gaza Strip from the perspective of employees in the Palestinian universities in Gaza Strip, where researchers used in the study five universities. The researchers adopted in their study the descriptive and analytical approach. The research community consists of administrative employees and academic employees with administrative duties. Senior management or the University Council was excluded. The study (...) population compromises of (392) employees. A stratified random sample was chosen and (197) questionnaires were distributed. (160) questionnaires were received back with a return rate of (81.2%).The researchers used a questionnaire to collect that which then was analyzed using (SPSS) to get the results. The research found the following results: the absence of a fundamental difference between the responses of males and females. The lack of significant difference between the responses of the respondents attributed to the variable age. The lack of significant difference between the responses of the respondents attributed to the variable of years of service. And the existence of a fundamental difference between the responses of the respondents attributed to the university variable. The existence of a fundamental difference between the responses of the respondents attributed to the Qualification variable. The existence of a fundamental difference between the responses of the respondents attributed to the administrative level variable. The research found a group of recommendations including: the need to raise awareness of censorship as the basis for the protection of employees in all administrative levels from making mistake.Updating the systems and instructions of control periodically and parallel with the scientific progress and technology.Benefit from regional and international experiences in the application of internal control standards which commensurate with the administrative system of the institution. (shrink)

Justice, you might think, is the first virtue of the law. After all, we call our judges justices, the administration of law the administration of justice, and the government's legal department the Justice Department. We should reject this Priority of Justice for the Law in favor of the more moderate Priority of Justice for the Courts, the view that justice is the first virtue of the law courts. Under its comparative conception, justice is distinguishable by its concern with the relative (...) positions of subjects. I claim that legal duties divide into primary and secondary, that primary legal duties are not essentially comparative, and that this impugns the Priority of Comparative Justice for the Law. Still, the bipolar structure of litigation appears to suggest that comparative justice is the first virtue of the courts. I explain why that is not so. I then introduce a desert-based conception of justice I dub requitative justice. I argue that the Priority of Justice for the Law cannot draw succor from this conception of justice because primary legal duties are no more requitative than they are comparative. However, the special affinity between law courts and secondary legal duties suggests that requitative justice is the first virtue of the courts. Finally, I concede that the Priority of Justice for the Courts gives us reason to accept the Priority of Justice for the Law after all, if we accept the common Priority of Courts for the Law, the view that the courts are the first institution of the law. We should not do so, however. (shrink)

During Abbasid Dynasty, Shurta Institution (Police) was one of the disciplinary and security systems whose duty was establishing order and security as well as fighting against the corrupt people and criminals i.e. Ayyaran. During the third period of Abbasid dynasty, which is known as Buyids era, the institution of Shurta experienced a number of changes in comparison with the first Abbasids periods, some of which were. the direct interference of the governors of buyids in appointing Sahib Al-Shurta (Shurta (...) class='Hi'>administrator), paying the guaranty fee of this job to the treasury of Buyids in order to accept those jobs by those who were appointed to do so, and also political considerations in appointing Sahib Al-Shurta. In addition, at the end of the dominance of Buyids on caliphate of Abbasids and the beginning of their decline, another period of caliph’s interference was observed in appointing the administrators of the Shurta of Baghdad. This paper is aims at to study and analyze the function of this institution during the period of Buyids dominance on Caliphate of Abbasids in Baghdad (955-1068) and some of its consequences, as well as dealing with security circumstances of that period. (shrink)

Zakat is a monetary form of religious worship that establishes a bridge between a rich and a poor, helps those who are in need and contributes to peace and tranquillity within a society. When zakat is collected properly under a government control and transmitted to those who deserve, it helped to decrease the gap between the poor and the rich, supported activities of social solidarity and revived the economy as well. Malaysia after its independence in 1957 has developed an interest (...) in Islamic practices by drawing attention to a distinctive practice with the public zakat system. Even though a national- central system of zakat could not be established due to the federal structure of the country, the collection and distribution of zakat has been centralized on a state level. Parts of the practice are being criticized, reviewed and new regulations are introduced. Unlike Malaysia, the zakat practice in Turkey is out of state control, thus it hinders zakat from achieving its real purpose. There is a need to make use of the well-functioning zakat systems around the world and establish a public zakat system in our country so that we can make the most of the benefits that zakat has for individuals and societies. This article aims to be a step in that direction. -/- SUMMARY Zakat is one of the main forms of worship and is at the same time one of the main sources for the state budget in Islam. It aims at making sure that the rich –those with higher wealth and income– protects the poor and the powerless and through this it contributes to the peace in the society. In the Islamic creed wealth in reality belongs to Allah; therefore, those who live an affluent life should not attribute their wealth to themselves alone and help those who, for whatever reason, are unable to meet their needs. Because there is a social dimension to this form of worship, it is the duty of the head of state to collect the zakat and distribute it to the right people. Historically this duty has taken different forms and today, many Muslim countries sustain this collection and redistribution under state supervision. Malaysia is a country where zakat is collected and distributed officially at the state level. In each state, there is an Islamic council responsible for taking care of activities related to Islam and is semi-independent from the government that organizes the zakat process. Some of these do the collection and distribution together, some do it separately. In some states, the process has been totally privatized. Constitutionally, each state is dependent on its own sultan in religious affairs, thus each has its own mufti and partially different zakat practices and eac collect and distributes its zakat within that state. Because religious affairs have been codified as the privilege of the sultans of each state in the constitution during Malaysia’s foundation, there is no attempt at centralizing religious affairs and a centralization of zakat practices; the establishment of an institution to achieve this is not possible. Moreover, the secular character of the federation does not seem yet compatible with making zakat obligatory. However, due to the dominant Shafi‘i tradition and the convention in the country, people see it as imperative to hand over the charity and tithe to state institutions. Furthermore, there are local fatwas – which are considered as legal regulations in Malaysia – that require people with an income over a certain amount to pay zakat. Those who have the most are expected to give it voluntarily. In the 19th century, when wealth sources such as palm oil, cacao, rubber, tin were discovered, Malaysian officials were not able to extend the tithe to these; however, in the last twenty-five years, based on fatwas that income should be taxable under zakat has led to a boom in zakat. In all states, the largest portion of zakat is collected through income, usually automatically deducted from payroll. An influential factor in this outcome is that individually paid zakat can be deducted from income tax. From 2005 on, there have been other regulations to make it possible for legal personalities to deduct zakat from taxes. To increase zakat payment, especially publications have been produced to inform and encourage people, and modern opportunities to make payment easy have been developed. The most often used method is direct deduction from payroll. The second most common method is payment through zakat machines in different parts of the city by cash, check, Islamic credit card and, debit card. In addition to these, online, internet banking, telephone banking, ATM machines, post offices, kiosk machines, sms-zakat options are all available. The distribution of zakat differs from year to year and state to state. In general, there is an observable effort to pay all groups from zakat, but because there are no slaves in some states no payment is done under this category. There are both direct transfers and indirect transfers, such as through the construction of houses for poor people. There have been cases where poor people who had projects were supported with funds and those later returned in zakat. There is support for students in terms of scholarships through fuqarā’, fī sabīl allāh and ibn al-sabīl classes. For the muallafa al-qulūb class, there is a foundation to encourage local people to convert to Islam and help them for food, shelter, clothes and education. For Muslims who suffer as minorities in other countries help is provided through the riqāb, muallafa al-qulūb, fī sabīl allāh and ibn al-sabīl classes. In the ghārimīn class, especially victims of natural disasters such as flood and earthquake are supported. For those who have a right to receive zakat be able to receive it, the state has to side with the powerless and help zakat fulfill its social and individual functions. The way zakat is spent requires state policy and will. For this reason, zakat should be institutionalized and all activities should be organized by a single institution with state power behind it. Determining the recipients and the zakat-payers, and using the funds efficiently is easier with the coordination of state institutions. Extensive zakat councils that include state institutions should consider the ijtihāds in the area of zakat anew and make decisions to create a just and consistent zakat system. For these decisions to be applicable, the question of what kind of a system could be founded in our country should be on the agenda in these councils. Once an institution – official or autonomous but with state power behind it- is created, solutions can be found as they arise in the way. (shrink)

This book recovers Aristotle's understanding of the roles of rhetoric and prudence in public leadership, comparing it to the other major political theories of leadership: utilitarianism, as advocated by J.S. Mill, and duty-ethics, as advocated by Immanuel Kant.

In Sovereignty’s Promise: The State as Fiduciary, Evan Fox-Decent uses the idea of fiduciary relationships to explain the legitimate exercise of governmental authority. He makes use of the idea of the state as a fiduciary for the people to ground an account of the duty to obey the law, to explain the proper relationships between colonial (or “settler”) societies and aboriginal populations, the role of agency discretion and judicial review in the administrative state, the rule of law, the relationship (...) between law and morality, and the foundations of human rights. While I was not convinced by several of the arguments, the book does have many important virtues. In particular, it provides a clear discussion of the idea of fiduciary relationships and duties that is useful for, and should be largely accessible to, non-lawyers. And, though I do not think that Fox-Decent has established all that he hoped to in the book, he does a good job of showing how fiduciary relationships are relevant to the above issues and worth considering. (shrink)

Background Maintaining the dignity of patients who attempted suicide is one of the caregivers’ main ethical duties. Yet, in many cases, these patients are not treated with dignity. The concept of dignity is abstract, and there is no research on the dignity of suicidal patients. So, the present study is done to investigate psychiatric nurses’ perception of dignity in patients who attempted suicide. Objective The present study explores the concept of dignity in patients who attempted suicide from the perspective of (...) psychiatric nurses. Research design The present study is a qualitative, descriptive work of research Participants and research context A total of 20 psychiatric nurses from 2 hospitals affiliated with a university of medical sciences in the southeast of Iran were selected via purposeful sampling. Ethical considerations The Research Ethics Committee of the Hamadan University of Medical Sciences approved the study’s protocol, and ethical principles were followed in general. Findings From the findings of the study, three main themes, namely “ respect for personal; identity,” “management of psychological tension,” and “compassion-focused therapy,” with 12 sub-themes were extracted. Discussion and conclusion In the perspective of caregivers, patients who attempted suicide need to be cared for in supportive environments with compassionate and respectful behaviors to control their psychological tensions. These conditions would maintain such patients’ dignity and result in appropriate behavioral outcomes. Policy-makers and administrators can use the present study’s findings to create an appropriate clinical environment in which the dignity of patients who attempted suicide is properly maintained. (shrink)

Due to constraints on institutional capacity and financial resources, the road to universal health coverage (UHC) involves difficult policy choices. To assist with these choices, scholars and policy makers have done extensive work on criteria to assess the substantive fairness of health financing policies: their impact on the distribution of rights, duties, benefits and burdens on the path towards UHC. However, less attention has been paid to the procedural fairness of health financing decisions. The Accountability for Reasonableness Framework (A4R), which (...) is widely applied to assess procedural fairness, has primarily been used in priority-setting for purchasing decisions, with revenue mobilization and pooling receiving limited attention. Furthermore, the sufficiency of the A4R framework’s four criteria (publicity, relevance, revisions and appeals, and enforcement) has been questioned. Moreover, research in political theory and public administration (including deliberative democracy), public finance, environmental management, psychology, and health financing has examined the key features of procedural fairness, but these insights have not been synthesized into a comprehensive set of criteria for fair decision-making processes in health financing. A systematic study of how these criteria have been applied in decision-making situations related to health financing and in other areas is also lacking. This paper addresses these gaps through a scoping review. It argues that the literature across many disciplines can be synthesized into 10 core criteria with common philosophical foundations. These go beyond A4R and encompass equality, impartiality, consistency over time, reason-giving, transparency, accuracy of information, participation, inclusiveness, revisability and enforcement. These criteria can be used to evaluate and guide decision-making processes for financing UHC across different country income levels and health financing arrangements. The review also presents examples of how these criteria have been applied to decisions in health financing and other sectors. (shrink)

BackgroundThe US Food and Drug Administration (FDA) regulates goods accounting for 20% of US consumers’ total expenditure. The agency’s potential susceptibility to corporate lobbying and political influence may adversely affect the its abilities to fulfill its duties as a vital federal agency. This study assesses whether the FDA’s product recall classifications in recall scenarios are influenced by firms’ lobbying activities.MethodsThe universe of all FDA recalls between 2012 and 2019 is obtained from the FDA’s website. Firm names are matched to federal-level (...) lobbying data obtained from the Center for Responsive Politics – a non-profit and nonpartisan organization that tracks lobbying expenditures and campaign contributions. Analyses are conducted using ordinary-least-squares regressions, in which the dependent variable is recall classification and independent variables are three different measures of firms’ lobbying activities in the one year prior to the recall.ResultsFirms that engage in lobbying appear more likely to receive favourable classifications from the FDA. When examining the above results by product type, we find that classification of food recalls seems to be subject to lobbying influence, but the same does not appear to be true for drug and device recalls. Evidence is consistent with the conjecture that the distinction between medical and food firms may be a result of medical firms targeting lobbying efforts at FDA approvals, rather than recalls.ConclusionsBetween 2012 and 2019, the FDA’s product recall classifications seem to be significantly influenced by firms’ lobbying activities. Lobbying firms appear to have received more favorable (i.e., less severe) recall classifications compared to non-lobbying firms. (shrink)

Court (Shar’iyya) recordings are at the forefront of primary written sources, which contain important documents related to Turkish history, sociology and culture. The court records shed light on city history of the period concerned with rich information and documents. These records are important books in which the documents related to the judicial, administrative, economic, architectural and social structure of a city as well as diplomatic correspondence between the center and the province were recorded. The purpose of this study is to (...) prepare a detailed catalog in addition to the catalog which was made in 1963 and contained only 119 books specifying only the dates covered by the book number. As we have seen in this study, all of the 119 notebooks in the records do not consist of the court registers in the known form. They are the books that include the records of court proceedings, which are different from those of the court, especially after the Tanzimat e.g. Qassam, Enkiha, Zabt al-Da’wa, Permission and so on. The microfilms of the books were presented to the service of researchers in Sivas Ziya Bey Library of Ancient Works. The originals of the books are in the Prime Ministry State Archives.SummaryShar’iyyaregisters are one of the primary written sources about Turkish history, sociology, and culture relevant to our life. Registry records shed light on the history of city in the relevant period by containing rich information and documents. They are important notebooks, which are related to the judicial, administrative, economic, architectural and social structure of a city, and also in the form of diplomatic correspondence between the central and provincial posts.After the Anatolian Selçuk (Saljūq) State, which collapsed under the pressure and domination of the Iranian Mongols in the last half of the XIIIth century, a state was established in the Selçuk-Byzantine border in the north-west of Anatolia in XIVth century, which did not even lasted a hundred years and had a reign in three continents. In the Bursa inscription, which dated to 1337/8, the second Ottoman Sultan (Sulṭān) Orhan was titled as the mujahedeen (warrior), the sultan of the veterans, son of veteran of veteran. The fact that Orhan carring these titles shows that since the earliest times, the Ottoman sultans considered themselves as the leader of the religious war against the infidels. Since the first years of the establishment of the Ottoman State, the Sharīʿa ruled on the establishment of administration and for this reason, they established institution of the Shaykh al-Islām(the chief juristconsult). Firstly, by appointing a subaşı(subashi, an Ottoman gubernatorial title) to the conquered places, then it gradually began to establish judicial courts from the smallest areas.In the XVth century, the number of qāḍī increased in parallel with the increase in their jurisdiction as a result of the expansion of the Ottoman Empire, and the proliferation of the administrative units called sancak, (sanjaq, division of a province) and so the failure of oneqāḍīto satisfy court affairs of an entire sanjaq. New districts arose from some of the former large districts. As a result of this in the XVIth century, the administrative system of the sanjaq's Tımar system and at the same time a geographical integrity of the districts/provinces to see the legal work of a qāḍī to pass by the districts and sub-district as a legal caused to occur two legal definitions that is legal and military administrative. Records of qāḍīs, which is called as sicilemerged because it was their duty to record their works and orders issued to them and the answers and the provisions given to them.The courts of Shar’iyyaserved as primary general courts (maḥākim-i ʿumūmiye) until the declaration of the Tanẓīmāt in the Ottoman Empire and heard the suit at legal, criminal, administrative, military, financial and all kinds of cases. Tanẓīmāt period, or rather Maḥmūd II and the period following him, the judicial organs in terms of reorganization was a circuit that was on the scene.In this way, which was occurred in the judicial system, records which were kept in the Meşihat (Mashīkhat) began to diversify depending on this change. Since in the registry books, which we call classical, all correspondence between the central and provincial offices were recorded. Records such as pleas, letters of patent, verdicts, order of the high, bonds etc. could be found in these documents.These records, which are one of the most important sources of an Ottoman city history, were kept in the museums and libraries of the cities until recently. A few years ago, these records, with a correct decision, were collected in the Prime Ministry Ottoman Archives and it was preserved and presented to the use of researchers by transferring them into digital. The Sivas Court building as it is known in history is now in the Pāshābeg quarter and known as the Court Bazaar in these days. There is no clear information about when the court was built in Sivas. In time, changes have occurred in cities and we are losing the historical side of them. In addition, the fact that people acted in an unconscious manner that would harm the historical texture was the biggest factor in disappearance of material remains. With the remaining physical materials available, we can only access crumb information and we can only make predictions. In this evaluation, the biggest materials are the documents and notebooks, which are the memory of city dates. However, it is understood from the records that there is a foundation belonging to this court and some of the court's repair and maintenance works were carried out by this foundation. As it is understood from a document dated 14 August 1798, one of the repairs was sponsored by Ḥüseyin Efendī. In an inscription dated 1906, which was found during the renovation of the basement of an apartment building owned by the General Directorate of Foundations in May 2018, the location of the building was previously known as the Sivas Muftī 's Office.In this study, a total of 240 registry books belonging to Sivas were prepared as in a catalog system. In this study, we have seen that a great deal of records have been lost, burnt or destroyed in a certain way through history. The burn marks in the records of 79 is a striking example in this regard. The book number 139, which is not shown in Osman Ersoy's work, is a record book in classical form. An important case in this study is that the register number 206, which is registered to Sivas, belongs to the province of Burdur and it is also a registry book in classical form. This book covers the dates of 18 M. 1248/23 N.1250 - 1832-1835. (shrink)

Ideally, the government of any nation is in a contract with the citizens for protection of life, property and freedom while the citizens are obliged to obey government laws. Moreso, the government is to discharge her duties without discriminating against any person or group. In Nigeria there are economic and administrative policies that discriminate against the Igbo nation resulting in dire consequences. Since economic policies make or mar the wellbeing of citizens especially in business, the need for fairness, equity, and (...) justice in the formulation and execution of policies is unquestionable. The Igbo of South East Nigeria, who are very active in business and entrepreneurship, suffer untold disadvantages and massive economic losses due to the lopsided and discriminatory economic policies churned out by successive Nigerian governments. Here we examine and argue against such policies based on their ethical implications and effects on individual and national development. (shrink)

Imāmiyya holds that the theory of imāmate must rely on scriptural evidence and designation and that the Imām, the successor to Muḥammad, is in charge of all political and religious issues. The authority of the Imām includes some religious and social duties such as executing the legal punishments, collecting almsgiving, sustaining social order and declaring holy war. The fulfillment of these duties requires actual leadership of the Imām or his deputy. With the beginning of the great occultation in 329/941, there (...) was an uncertainty among the Imāmiyya followers about who would uphold these responsibilities. In this period, Shīʿī ʿulamā began to undertake the duties of the Imām in order to overcome this uncertainty and to avoid the possible schism. In the beginning, this delegation of authority was limited to the religious sphere; but, later, its scope gradually became wider. This process of delegation of power, which covers a long process, needs to be examined in its various periods. In this study, this subject will be considered with special reference to the scholars of the fifth century of hijra (hijrī). An effort is made in this article to reveal how the issues of the Imām’s powers are discussed in the context of the problem of expanding or narrowing the authority of the scholars who played significant roles in systemization of Uṣūlī (rationalist) thought in the period after Shaykh al-Mufīd.Summary: In the issues of Imām/Caliphate which led to political division among Muslims after the Prophet Muḥammad, Imāmī Shīʿa opines that the Imāmate theory relies on scriptural evidence and designation. According to this theory, apart from scriptural evidence and designation, personal qualities such as immaculacy, knowledge, bravery, and vantage are found in Ali, Ḥasan, Ḥusayn and nine people from the lineage of Ḥusayn. The Imām as a successor to the Prophet Muḥammad is a person who has both religious and political power which includes implementation of punishments, collecting alms, ensuring justice, declaring holy war. For the Imāmī Shīʿa, there is a need for imām or his deputy who has absolute power to fulfill these duties.Imāmī Shīʿa, who held that the disappeared twelfth Imām would return back to restore justice in the world, had to confront various problems in finding solutions to some issues related to the existence of Imām himself, as well as theological issues during the period of great occultation. Particularly, the period of great occultation (329/941), in which the link with the Imām was severed completely, the Shīʿī community were uncertain on how to fulfill the responsibilities of the Imām probably due to the lack of religious sources. Shaykh al-Mufīd draws attention to the issue of khums (a one-fifth share of the spoils of war and of other specified forms of income). In this period of uncertainty, the Shiite scholars came into prominence in order to fill the gap and to prevent the social disorder. Referring to a tawqī‘ (rescript) from the Twelfth Imām, they claimed that they would take responsibility for the Twelfth Imām on his behalf. In the beginning, the delegation of the power was limited to the religious sphere. It was gradually extended to other spheres by the contribution of some scholars. It reached the largest dimension with the implementation of “wilāyat al-faqīh” theory.From that period until our times, the era when Sharīf al-Murtaḍā and his disciples lived can be considered as the beginning of this period. In the fifth century when Sharīf al-Murtaḍā and his disciples lived the delegation of power was limited to the religious sphere. In this article, how the scholars who played a role in the systematization of Uṣūlī thought dealt with the issue of the limits of the authority of Imām and how they defined the role of the Imāmī jurists (faqīh) will be examined.Sharīf al-Murtaḍā and his disciples were sometimes cautious on the issue of the delegation of the power of Imām. They, however, pointed out the role of the faqīh in the occultation period in order to overcome the uncertainty. As a matter of fact, Shaykh al-Ṭūsī and al-Qādī Ibn al-Barrāj made significant contributions to the issues of collection and distribution of khums. However, Sallār al-Daylamī’s contribution to the subject is more crucial. He considered khums as the grace of God and believed that it can be allocated by taking into account the share of the Imām. They put forward the views that explained in details the role of the faqīh in the collection and distribution of alms. Even Ibn al-Barrāj opined that in the absence of Imām and his deputy alms are to be allocated to the Faqihs on the ground that they know better how to distribute it. Therefore, in the absence of Imām and his deputy, by suggesting that faqīh must be in charge of collecting and distributing alms, they proposed a remedy in an early period.On the issue of leading the Friday prayer (ṣalāt al-jum‘a), which is one of the social duties of Imām, Sharīf al-Murtaḍā and his disciples considered the presence of the Imām or his deputy as a condition for a valid Friday prayer. In addition to this condition, Al-Ḥalabī, also added that a person who meets the necessary conditions can be also considered in leading Friday prayer. This addition by Ḥalabī was an important contribution to the solution of the problems encountered during the period of great occultation on both Friday prayer and delegation of Imām religious and political authorities to faqīh. On the other hand, Sallār, another disciple of Sharīf al-Murtaḍā, opposed the idea of the faqīh leading the Friday prayer in the absence of the Imām even when the necessary conditions are met. It can be said that this approach of Sallār led to the opinion of some Imāmis which considered Friday prayer unlawful in the absence of Imām. In the occultation period, Sharīf al-Murtaḍā and his disciples showed a cautious attitude about the implementation of the punishments. They argued that only Imām could implement the punishments. However, the major step was taken by Shaykh Ṭūsī on the issue of who implements the punishments in the occultation period. He argued that the Imām’s designated the faqihs to implement the punishments. In addition to this subject, Shiite scholars discussed the issue of whether a Shiite officer under the reigning rule in the occultation period implemented the punishments. On this issue, Sharīf al-Murtaḍā compiled a treaty untitled Mas’ala fi’l-‘amal ma‘a’al-sulṭan. For him, the main criteria are whether such person has necessary responsibilities and qualifications. Sharīf al-Murtaḍā and his disciples also continued their master’s conciliatory attitude. In the final analysis, the contribution of Sharīf al-Murtaḍā and his disciples on the issue of who will undertake the duties and responsibilities of the Imām is crucial in the systematization of the idea of transferal of the power of the Imām to faqīh including political one. In fact, Sharīf al-Murtaḍā’s advice to take part in the existing administrations has been considered a way out for the scholars who want to establish relations with the authorities in the later periods. (shrink)

Presently, there is armed conflict in Darfur, Sudan. Armed conflict has adversely affected the social, economic and educational development of Darfur, Sudan. Purpose of this study is to know the impact of armed conflict on managerial behavior of the principals of secondary schools in Darfur, Sudan. In this study, the impact of armed conflict on performance of the secondary school principals was analyzed in perspective of their managerial behavior. Based on the findings of the study significant impact of armed conflict (...) was found on the managerial behavior of the principals. It was found that principals coordinated with the staff in activities of the school but were frightened and unable to perform their administrative and managerial duties freely and independently. There was communication gap between the principals, teachers and parents. The principals did not possess the skills to maintain school budget & finance properly. It was concluded that the principals need administrative and managerial training. Government of Sudan may establish academies of Educational Administration & Management to impart training to the principals of secondary schools and to take steps to control the existing armed conflict. (shrink)

Purpose– The purpose of this paper is to attempt to investigate how Information and Communications Technology researchers in UK computing departments address ethics in their research. Whilst research and innovation in ICT has blossomed in the last two decades, the ethical, social and legal challenges they present have also increased. However, the increasing attention the technical development receives has not been replicated in the area of developing effective guidelines that can address the moral issues inherent in ICT research.Design/methodology/approach– This research (...) is qualitative and made use of interviews. The data analysis was done with dialectical hermeneutics. Through a dialectical hermeneutic process, this research unpacks different understandings of relevance attached to ethics reviews of ICT research in UK computing departments.Findings– The findings include that ethics reviews are relevant because; it is a moral duty, it improves trust for researchers, it is part of risk assessment, it is in compliance with the law and it is a sustainable act.Practical implications– These various understandings illustrate an important dialectic process on the current state of the art in ICT research.Social implications– It asks to what degree the currently dominant model of ethics review based on biomedical ethics is optimal to ICT.Originality/value– It proposes a framework that can effectively help researchers and administrators to ensure responsible research and innovation in ICT. Finally, it identifies that ICT researchers would benefit from the developing repertoire of responsible research innovation. (shrink)

Red Star Over Malaya is an account of the inter-racial relations between Malays and Chinese during the final stages of the Japanese occupation. In 1947, none of the three major race of Malaya - Malays, Chinese, and Indians - regarded themselves as pan-ethnic "Malayans" with common duties and problems. With the occupation forcibly cut them off from China, Chinese residents began to look inwards towards Malaya and stake political claims, leading inevitably to a political contest with the Malays. As the (...) country advanced towards nationhood and self-government, there was tension between traditional loyalties to the Malay rulers and the states, or to ancestral homelands elsewhere, and the need to cultivate an enduring loyalty to Malaya on the part of those who would make their home there in future. As Japanese forces withdrew from the countryside, the Chinese guerrillas of the communist-led resistance movement, the Malayan People's Anti-Japanese Army (MPAJA), emerged from the jungle and took control of some 70 per cent of the country's smaller towns and villages, seriously alarming the Malay population. When the British Military Administration sought to regain control of these liberated areas, the ensuing conflict set the tone for future political conflicts and marked a crucial stage in the history of Malaya. Based on extensive archival research, Red Star Over Malaya provides a riveting account of the way the Japanese occupation reshaped colonial Malaya, and of the tension-filled months that followed Japan's surrender. This book is fundamental to an understanding of social and political developments in Malaysia during the second half of the 20th century. (shrink)

The scandals of the 1980s, extending into the 1990s, came as a profound shock to Australians and New Zealanders. Both countries have prided themselves – somewhat smugly and naively – on being open, fair and honest societies. So it was very disillusioning to see both corruption and gross dereliction of duty exposed in virtually every sphere of public life. Perhaps the most positive outcome, however, amidst an almost daily diet of amazing revelations, has been the ability of the system (...) – and especially the judiciary and the media – to expose and deal with corruption even at the highest level.Following an extensive survey and literature review, it is clear that there is now widespread awareness of the need for reform in many areas of public administration, corporate governance and professional behaviour. However, a continuing cause for concern is the lack of leadership in identifying and addressing complex ethical dilemmas, particularly in the areas of conflict of interest and disclosure. (shrink)

Individual and institutional conflict of interests in biomedical research have becomes matters of increasing concern in recent years. In the United States, the growth in relationships — sponsored research agreements, consultancies, memberships on boards, licensing agreements, and equity ownership — between for-profit corporations and research universities and their scientists has made the problem of conflicts, particularly financial conflicts, more acute. Conflicts can interfere with or compromise important principles and obligations of researchers and their institutions, e.g., adherence to accepted research norms, (...) duty of care to patients, and open exchange of information. Disclosure is a key component of a successful conflict policy. Commitments which conflict with a faculty member's primary obligations to teaching, research, administrative responsibilities, or patient care also need attention. Institutional conflict of interests present different problems, some of which are discussed in an analysis of an actual problem posed by two proposed clinical trials. (shrink)

This article reviews the medieval law background of the parens patriae jurisdiction of the state as it has been exercised over incompetent persons who formerly were competent adults, concluding that the fiduciary standard implied in the statute De Prerogative Regis (1324), which is the basis for modern guardianship status, requires that the court and guardian adopt an attitude of respectful friendship toward the incompetent person, just as though they were to be accountable to the person himself, were he to recover (...) his faculties and become competent once more. This ficuciary responsibility, originating in the device of the "use" or trust employed for the management of the estates of lunatics, contrasts with the self-interested feudal guardianship used for the custody of "natural fools" or "idiots", who were under paternalistic arrangements. The article argues that because the determination of legal incompetence and the consequent transfer of custody of the person and property of an incompetent person to the state would result in a drastic forfeiture of liberty and property interests were it not for the fiduciary obligation owed by the state to the incompetent, the state is under an obligation to exercise its fiduciary duties in good faith and may not impose states policies or advance state interests of its own in the supervision of the affairs of incompetent persons, apart from interests arising legitimately out of the state's institutional interest in providing competent administration for the benefit of the incompetents themselves. Keywords: concept of the person, Cruzan, feudalism, guardianship, incompetent person, parens patriae CiteULike Connotea Del.icio.us What's this? (shrink)

Duty of care is the core ethical responsibility of healthcare workers. Getting the workforce vaccinated will provide safety to the public, protect the vulnerable population and provide a safe working environment. While most agree that healthcare workers should be prioritised in the vaccination programme, mandatory vaccination remains a complicated and contentious issue with political, legal and ethical dimensions. This study aims to determine the ethical considerations associated with mandatory vaccinations among healthcare workers. A total of 152 abstracts were identified (...) of which, 142 were excluded based on abstracts because they did not meet the inclusion criteria. The remaining ten articles were further evaluated with three articles that fit the inclusion criteria specifically discussing mandatory vaccination among healthcare workers and the ethical issues. Benefits, risks, effectiveness, equity and justice, autonomy, reciprocity and trust were used as a framework to discuss the ethical considerations which resonated both directly from the included papers, as well as more generally from the other literature associated with this search. There is limited literature on the topic of ethical considerations associated with COVID-19 mandatory vaccination of healthcare workers, as a systematic review identified only 3 papers. Benefits, risks, effectiveness, equity and justice, autonomy, reciprocity and trust were among the seven ethical considerations identified and discussed. (shrink)

Current sophisticated technologies in the workplace offer inexpensive and user-friendly devices and the means to control ‘on-the-job’ behaviour. This promises high profitability, productivity and liability alleviation. Yet, it also gives rise to a socio-ethical crisis of incessant surveillance that often overrules its anticipated benefits and motives of control and care. The dilemma is twofold: First, scholarly studies undertaken on this issue from a principally administrative and legal point of view tend to lack a moral framework and so prove unable to (...) offer an integral understanding. Second, a majority of scholars tend to focus exclusively on individual rights, such as privacy, even at the risk of overlooking its social impact and consequences. This paper thus aims to unravel these forgotten moral and social concerns. It analyses the surveillance frameworks and the arguments for and against it; scrutinises critically the technological devices most often implemented in the workplace; examines both its individual effects (privacy) and social effects (categorising); and proposes an ethics of workplace surveillance in a framework of trust and transparency. It argues, in all these ways, for an alteration or modification of traditional organisational behaviour within a new frame of reference, situated within and going beyond questions of moral duty, principles and legal compliance. (shrink)

Medical assistance in dying (MAiD) in Canada is a complex, novel interprofessional practice governed by stringent legal criteria. Often, patients need assistance navigating the system, and MAiD providers/assessors struggle with the administrative challenges of MAiD. Resultantly, the role of the MAiD care coordinator has emerged across the country as a novel practice dedicated to supporting access to MAiD and ensuring compliance with regulatory requirements. However, variability in the roles and responsibilities of MAiD care coordinators across Canada has highlighted the need (...) for accountability and standardization for this practice. This manuscript constitutes a first attempt to describe this emerging role, through discussion of proposed standards of practice, as well as roles and responsibilities, and ethical duties of this emergent professional practice. We detail the core commitments of MAiD care coordinators to patients, providers/assessors and institutions involved in the MAiD process. We address the core competencies that inform the unique skillset required by MAiD care coordinators to facilitate high-quality care, while highlighting the moral and ethical considerations embedded in this work. To illustrate the complexity of the MAiD care coordinator role, case examples involving ethical dilemmas encountered in practice are included. Finally, a code of ethics is proposed to serve as a guide for appropriate professional practice and conduct. This manuscript is intended to illustrate the importance of transparency and accountability for this new role that provides service to vulnerable patients and families; this is especially critical as the ethical complexity of MAiD is likely to increase with future changes in legislation opening MAiD access to new populations. (shrink)

Today’s predominant mode of politics is the post-political biopolitics an expression which is effectively tautological: “post-politics” designates the reduction of politics to the expert administration of social life. Such a politics is ultimately a politics of fear, a politics focused on the defense against a potential victimization or harassment. Therein resides the true line of separation between radical emancipatory politics and the predominant status quo politics: it is not the difference of two different positive visions, sets of axioms, but, rather, (...) the difference between the politics based on a set of universal axioms and the politics which renounces the very constitutive dimension of the political, since it resorts to fear as its ultimate mobilizing principle: fear of immigrants, fear of crime, fear of godless sexual depravity, fear of the excessive State itself, fear of ecological catastrophes, fear of harassment – such a politics always relies on the manipulation of a paranoid ochlos – the frightening rallying of frightened men. The zero-level of politics today is the depoliticized expert administration and coordination of interests; the only way to introduce passion into this field, to actively mobilize people, is through fear. At the level of social objectivity, we have mechanisms and processes to be regulated by expert administrators; the subjective counterpart of it is fear, the basic constituent of today’s subjectivity. This is why the big event not only in Europe in the early 2006 was that the anti-immigration politics “went mainstream”: they finally cut the umbilical link that connected them to the far Right fringe parties. From France to Germany, from Austria to Holland, in the new spirit of pride at one’s cultural and historical identity, the main parties now find it acceptable to stress that the immigrants “are guests who have to accommodate themselves to the cultural values that define the host society – it is “our country, love it or leave it.” This fear is, at its most basic, the fear of the Neighbor. There are two topics which determine today’s liberal tolerant attitude towards Others: the respect of Otherness, openness towards it, and the obsessive fear of harassment – in short, the Other is OK insofar as its presence is not intrusive, insofar as the Other is not really Other… In the strict homology with the paradoxical structure of chocolate laxative, tolerance this coincides with its opposite: my duty to be tolerant towards the other effectively means that I should not get too close to him, not to intrude into his/her space – in short, that I should respect his/her intolerance towards my over-proximity. This is what is more and more emerging as the central “human right” in late-capitalist society: the right not to be “harassed,” i.e., to be kept at a safe distance from the others. (shrink)

Shiʿi jurists have three different theories with regard to gestational surrogacy and who should be recognized as the mother of the newborn: (1) the surrogate mother (2) or the ovum provider (biological mother) (3) or both of them. The religious law (al-Aḥkam al-sharʿi) regarding the title of ‘mother’ and issues such as inheritance, will (Waṣiya), marriage, and custody have been discussed by Shiʿi jurists but no exact definition of this term has been provided by them. Because the fertilized ovum is (...) considered the origin of humans and the formation of an embryo also determines the kinship of the newborn, the mother of the child is the woman that fetus created by her ovum. It is this woman who has all the rights and responsibilities of a mother; even if the surrogate mother is considered the mother of the child, she has no rights over the child nor does she have any duties towards him/her. (shrink)

The advent of writing in the Greek polis administration resulted in the appointment of officials responsible for document management. These were known as grammateis (secretaries). The need for records connected to judicial proceedings led to the involvement of secretaries in the polis legal procedure. Although there remains little evidence of this, in Athens secretarial support was certainly connected with almost every use of writing in a judicial context. Secretaries appear to have received suits, published notifications of trials and recorded fines, (...) but their most well-attested duty is that of the reading of documents brought as evidence in the courtroom. The study of references to secretaries in a judicial context demonstrates that their duties were essential to the persons involved in the administration of justice. By keeping track of judicial documents secretaries helped the officials to keep accurate records for the sake of accountability, while the reading of legal texts enabled the Athenian citizen-judges to get to know verbatim the texts of the state laws and avoid manipulation by litigants who produced their own interpretations of a law. The purpose of this article is to present all the relevant cases of secretarial support in the justice system of Athens and to discuss the contribution made by the secretaries to the Athenian legal procedure. (shrink)

It is a book all LIS educators and administrators need to read now. The editors and author contributors show us by direct action what critical librarianship is. At the heart of the book is an ethics of care and self-care, an ethics born out of critical stances positioned in examining our rich intersectionalities and inter-being as people of color and allies. Librarians With Spines is a call to action that asks us to reflect on our intentionality as information professionals. It (...) challenges librarians to proudly uphold and carry forward our duty to serve our communities in our daily work. (shrink)

This article is an exercise in the transposition of certain approaches in analytic philosophy to issues concerning business value and identity in business. We examine the notion of business value and several accounts of value that have been offered in the literature. Luciano Floridi’s formal logical account of a business is introduced and applied as a first step towards a logical framework of business value. Peter Peverelli has claimed that Chinese business identity is accounted for in terms of competitors, administration (...) levels, hierarchical structures, and those government agencies with jurisdiction over enterprises (viz. regulators). It is argued that this quadripartite method of identification cannot be fully generalized to all businesses in any geographical location since distinct businesses can exist which have the same competitors, administration levels, hierarchical structures, and governed by the same government agencies. In such a case the distinguishing features of the businesses are the job descriptions or duties of the employees. Hence job descriptions or duties play an important role in the identification of businesses. It turns out that the identification of business according to the job descriptions of employees has less in common with Peverelli's approach and more in common with Bang, Cleemann, and Drucker's notion of business value understood in terms of the technical and the social "as processes and as outputs of production”. (shrink)

The quality of the educational experience for students may be at risk if they are not taught in ways that are effective and pertinent. While educational institutions (administrators, faculty senates or a combination) may try to compel faculty members to gain knowledge of and utilize up-to-date learning and instructional design strategies, these faculty members may baulk at this mandate, citing academic freedom as their right to design their courses in any way they see fit. Following is a discussion exploring the (...) issue, suggesting that regardless of how academic freedom is interpreted, faculty members have an ethical obligation to deliver instruction in ways that do not violate students' rights to learn. Consequently, institutions have a right as well as a duty to compel their faculty members to follow through with this obligation. (shrink)

Lord Scarman’s judgment about when someone under the age of 16 years should have the right to make their own medical decisions emphasised the decision-making abilities of the particular child. He said: > …the parental right to determine whether or not their minor child below the age of 16 will have medical treatment terminates if and when the child achieves a sufficient understanding and intelligence to enable him or her to understand fully what is proposed.1 That created a duty (...) on healthcare practitioners to assess whether a particular minor has decision-making abilities at a degree that would enable them to understand the decision to a high extent, sufficient hopefully that they would ‘own’ the decision. In December of 2020, the High Court considered whether young people with gender dysphoria and seeking access to puberty blocking therapy, were likely to pass Scarman’s mature minor test and cast doubt on their ability to fully understand that decision, thereby making it less likely that a healthcare practitioner would decide they are a mature minor for that therapy. The High Court said: > It is highly unlikely that a child aged 13 or under would be competent to give consent to the administration of puberty blockers. It is doubtful that a child …. (shrink)