The United States Supreme Court's decision in Bell Atlantic Corp. v. Twombly is creating quite a stir. Suddenly gone is the famous loosey-goosey rule of Conley v. Gibson that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.Now a complaint must provide enough facts to state a claim to relief that is plausible (...) on its face. Only decided last May, Bell Atlantic has been cited in over 3,700 cases. Already being described as a landmark decision, Bell Atlantic nonetheless has lawyers and judges scratching their heads over the precise pleading standard to apply in its wake. As the Second Circuit (mildly) put it, Considerable uncertainty concerning the standard for assessing the adequacy of pleadings has recently been created by the Supreme Court's decision in Bell Atlantic Corp. v. Twombly. Just what is a plausible showing that the pleader is entitled to relief under Rule 8(a)(2)?I believe an answer lies in the 26-year-old decision of the Former Fifth Circuit in In re Plywood Antitrust Litigation. Plywood Antitrust requires, at a minimum, that a complaint . . . contain either direct or inferential allegations respecting all the material elements necessary to sustain a recovery under some viable legal theory. Already used in more than half the circuits, this standard paraphrases advice found in the venerable WRIGHT & MILLER for nearly 40 years.Properly applied, this all . . . material elements standard satisfies Bell Atlantic's plausibility requirement in all respects. The Plywood Antitrust pleading standard works well after Bell Atlantic, first, because the Supreme Court referred to the standard, albeit parenthetically, with approval in Bell Atlantic. Second, it does much to harmonize the Federal Rules' goal of dispensing with pleading technicalities while still requiring enough general factual information about a pleader's claim to make the notice in notice pleading meaningful. Finally, and perhaps most importantly, it gives lawyers, litigants, and courts a standard they can actually use when drafting, or assessing the sufficiency of, pleadings. (shrink)

Abu Muhammad Ali b. Ahmed b. Hazm al-Andalusi (d. 456/1064), the greatest exponent of the Ẓahiriyya school, was a scholar producing important works with his identity as a jurist, hadith scholar, historian, literary man, and poet. He also persistently defended the understanding of Ahl as-Sunna against the sects that emerged within Islamic thought as he defended the superiority of Islam against other religions. In his works, he covered almost every topic of the kalam science; in this context, he was especially (...) interested in topics related to the possibility of prophethood, the prophethood of Muhammad and his being the last representative of the prophethood chain. Therefore, this study, based mainly on his works such as al-Fasl, al-Usul wa'l-Furu, ad-Durr fi ma Yecibu i'tikaduhu and Ilm al-Kalam ala Mazhab Ahl al-Sunnah wa'l-Jama'a, deals with the topics of the possibility of prophecy, the prophethood of Prophet Muhammad, and the role and importance of miracles in proving it in the view of Ibn Hazm. Almost all Islamic scholars have based their systems for recognizing prophets on the evidence of miracles. According to them, a person who claims to be a prophet must bring extraordinary evidence to confirm his claim, and it is necessary for him to do so in order to make his opponents religiously responsible. For an event to be considered evidence that confirms the prophet's claim and to be called a miracle, it must have some characteristics, such as: it must be a divine act; it must appear in an extraordinary manner; it must occur together with the claim of prophecy and challenge; and it must occur immediately after the claim of the prophet. Therefore, it is believed that evidence that possesses these characteristics can prove the correctness of the claimant without needing any other evidence. The kalam scholars only call those events as miracles, which have the characteristic of challenging the dozens of evidences that prove the prophet's truthfulness. Therefore, it is without a doubt that the concept of miracle is a special concept invented by kalam scholars. When looking at Ibn Hazm’s views on the subject, which form the backbone of the study, it is necessary to state the following: Firstly, Ibn Hazm explains that prophecy is possible, that God chooses and sends messengers among the people, and that there is no difference among the prophets in terms of belief principles. Ibn Hazm emphasizes the role of miracles in identifying prophets and bases his system on this principle. However, he does not show much care in using the term "miracles" in the way that Kalam scholars accept it and does not aim to explain or list the characteristics or attributes of miracles as seen in Kalam books. He uses the term "miracles," which have been conceptualized over a long period of time, for every extraordinary event that belongs to the prophets, without considering these sensitivities. The most striking aspect of Ibn Hazm's understanding of miracles is that he does not consider the attribute of challenge, which is defined as a condition of a miracle, as necessary. He criticizes those who accept the attribute of a challenge as an essential part of miracles and argues that such an understanding would limit the miracles of the Prophet Muhammad. If the attribute of the challenge is accepted as a condition, then extraordinary events such as the blessing of food and drink, the moaning of wood in the mosque, and some animals coming and expressing their complaints would be excluded from the scope of miracles. This would mean limiting the evidence of Prophet Muhammad's prophecy. According to him, the creator of extraordinary events is God, and He creates them only to confirm His messengers. The events that occur in the hands of a person who claims to be a prophet should be considered a miracle. Therefore, he has named every event that occurred through the prophets as a miracle, regardless of its context and nature. In conclusion, according to Ibn Hazm, there are two types of events that occur in nature: Normal events and miraculous events. He refers to the latter as miracles and limits them to only occurring in the hands of prophets. He believes that events that occur in the hands of prophets, whether they possess the characteristic of tahaddî or not, should be referred to as miracles. Events that occur in the hands of people other than prophets do not possess the characteristics of miraculous events. If such events are claimed to be miraculous, the evidence of the prophets will be damaged. Therefore, Allah creates these events only for His messengers. Therefore, in the view of Ibn Hazm, concepts such as miracles of saints (karamat), magic, and divine help (maunat) do not have a counterpart. In fact, his attitude coincides with the Mu'tazilite tradition. He tries to prevent criticism that can be directed at miracles by assigning miraculous events only to prophets. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Adolph Meyer’s Psychobiology in Historical Context, and Its Relationship to George Engel’s Biopsychosocial ModelEdwin R. Wallace IV (bio)Keywordspsychobiology, integrative models of psychiatry, biopsychosocial modelBefore addressing the importance of Adolf Meyer and the question of his impact on the biopsychosocial model of the psychoanalytical internist George Engel, let us tersely sketch the history of functionalism in medicine/psychiatry, and of the nineteenth/early twentieth century’s progressive abandonment of it in favor of (...) basic science reductive models of “disease,” not illness.FunctionalismWhereas Hippocratic physicians diagnosed diatheses in terms of humoral excesses or deficiencies, their primary emphasis was on the ill person. They began with careful histories of the patient’s complaints and his or her daily life course, customary activities, typical foods and beverages imbibed, and the exacerbation or relief of symptoms associated with any or all of these. They also asked questions about his physical and social environment. They carefully looked for any clinically pertinent signs, and might physically examine the patient or his excretions. When they arrived at a diagnosis (say, an excess of yellow or black bile, or of blood or phlegm), they would educate the patient about it and discuss possible approaches. Although leeching, emetics, or purgatives might be prescribed, “dietetics” was the core of the treatment. Much more than recommendations about dietary intake, this involved conversations about “lifestyle” management in general: exercise, fresh air, habit changes, and perhaps bathing in mineral waters or spas. If the patient were “melancholic” (which then included what we would now consider a variety of psychiatric disorders), he or she might be prescribed daily swimming and other forms of vigorous exercise, conversations with a philosopher, [End Page 347] attendance at theatrical comedies, or even referral to an Asklepian temple for “incubation sleep” and priestly dream interpretation. Often doctors worked closely with physical trainers, to whom they sent their patients. In short, their orientation was holistic (“mind”/”body” integration), directed first and foremost toward an individual ill person.In the second century, C.E. Galen, despite his humoral and anatomical pathologies, was similarly holistic or functionalist. He resorted to a variety of physical examinational methods while also attending to the patient’s mental/emotional status. He described one case where he was attending a woman for syncopal episodes. His examinations of her included his customary attention to the pulse. During one evening session, a servant entered and happened to mention that he had just seen the handsome Pylades dancing. Suddenly her pulse became irregular and she fainted straight away. This led Galen to consider love sickness, and perhaps not humoral or organ pathology. He tested his hypothesis during subsequent visits. Whenever another dancer or actor was mentioned, her pulse remained regular and her sensorium alert, but when Pylades was mentioned the irregular pulse and fainting recurred. Because she was married, Galen realized her insoluble conflict, and treated her accordingly.From the fall of Rome until the rise of University Medicine in the later Middle Ages, medical lore and doctoring was in monastic hands—each monastery had its clerical medic, who might also attend outsiders. They were attuned to the traditional triad of major mental disorders—mania, melancholia, and phrenitis—which they explained somatically. However, they also encountered lesser mental/emotional disorders for which they developed their own nosology. “Scrupulosity,” for example, characterized a committed monk with an unrealistic sense of sinfulness and guilt—which often drove him to self-mortification such as flagellation, hair shirts with chains underneath, and so forth, for which the remedy was kindly pastoral counseling. “Accedia” was akin to our “dysthymia,” whose sufferer was affected by sadness, lassitude, and impaired capacity to carry out the monastic routine. This was viewed as straddling the boundary between sickness and sin. Routine physical labor (“occupational therapy”) and prayers, confession, penance, and “pep talks” were prescribed.When universities with medical schools arose in the latter Middle Ages, students’ educations were mostly bookish and theoretical. Hippocratic and Galenic somatic orientations were still preeminent. (Vesalius would not publish his illustrated anatomical text until 1543.) Dietetics and purgatives, bloodletting, and so on were still favored treatments. Nevertheless, doctors gave considerable time and attention to their patients as ill... (shrink)

Background Medical ethics deals with the ethical obligations of doctors to their patients, colleagues and society. The annual reports of Sri Lanka Medical Council indicate that the number of complaints against doctors has increased over the years. We aimed to assess the level of knowledge, attitude and practice regarding medical ethics among doctors in three teaching hospitals in Sri Lanka. Methods A hospital-based cross-sectional study was conducted among doctors using a pre-tested self-administered, anonymous questionnaire. Chi Squared test, and ANOVA test (...) were used to identify the significance of association between level of knowledge and selected factors. Results Most doctors had a poor level of knowledge on medical ethics, with postgraduate trainees showing significantly higher level of knowledge. The average knowledge on medical ethics among doctors was significantly different between the three hospitals. Over 95% had a favourable attitude towards gaining knowledge and advocated the need for training. The majority indicated awareness of unethical practices. 24.6% of respondents stated that they get a chaperone ‘sometimes’ during patient examination while 3.5% never do. The majority responded that they never accept gifts from pharmaceutical companies in recognition of their prescribing pattern. 12–41% of doctors participated in the study acknowledged that they ‘sometime’ engaged in unethical practices related to prescribing drugs, accepting gifts from pharmaceutical companies and when obtaining leave. Conclusion Most doctors had a poor level of knowledge of medical ethics. Postgraduate trainees had a higher level of knowledge than other doctors. The majority showed a favourable attitude towards gaining knowledge and the need of training. Regular in-service training on medical ethics for doctors would help to improve their knowledge on medical ethics, as well as attitudes and ethical conduct. (shrink)

In this paper, I develop an approach to population ethics which explains what we are permitted to do in virtue of the possible complaints against our action. This task is made difficult by a serious problem that arises when we attempt to generalize the view from two-option to many-option cases. The solution makes two significant moves – first, accepting that complaints are essentially pairwise comparative, and second, reimagining decision-making as a tournament between options competing two at a time. The right (...) view about when one option defeats another with respect to complaints, paired with the right view about how to pick the winners of the tournament given the relations of defeat, leads to a uniquely attractive view in the person-affecting tradition. (shrink)

In this paper, I develop an approach to population ethics which explains what we are permitted to do in virtue of the possible complaints against our action. This task is made difficult by a serious problem that arises when we attempt to generalize the view from two-option to many-option cases. The solution makes two significant moves – first, accepting that complaints are essentially pairwise comparative, and second, reimagining decision-making as a tournament between options competing two at a time. The right (...) view about when one option defeats another with respect to complaints, paired with the right view about how to pick the winners of the tournament given the relations of defeat, leads to a uniquely attractive view in the person-affecting tradition. (shrink)

Several philosophers have defended versions of Minimax Complaint, or MC. According to MC, other things equal, we should act in the way that minimises the strongest individual complaint. In this paper, I argue that MC must be rejected because it has implausible implications in certain cases involving risk. In these cases, we can apply MC either ex ante, by focusing on the complaints that could be made based on the prospects that an act gives to people, or ex post, by (...) focusing on the complaints that could be made based on the actual results that an act has for people. I argue that MC has implausible implications either way. I then defend a view on which, other things equal, we should act in the way that minimizes the sum of complaints. (shrink)

The Analects appears to offer two bodies of testimony regarding the felt, experiential qualities of leading a life of virtue. In its ostensible record of Confucius’ more abstract and reflective claims, the text appears to suggest that virtue has considerable power to afford joy and insulate from sorrow. In the text’s inclusion of Confucius’ less studied and apparently more spontaneous remarks, however, he appears sometimes to complain of the life he leads, to feel its sorrows, and to possess some despair. (...) Where we attend to both of these elements of the text, a tension emerges. In this essay, I consider how Confucius’ complaints appear to complicate any clean conclusion that Confucius wins a good life, particularly where we attend to important pre-theoretical sensibilities regarding what a “good life” ought to include and how it ought to feel for the one who leads it. (shrink)

How should contractualists assess the permissibility of risky actions? Both main views on the question, ex ante and ex post, fail to distinguish between different kinds of risk. In this article, I argue that this overlooks a third alternative that I call “objective ex ante contractualism”. Objective ex ante substitutes discounting complaints by epistemic risk in favor of discounting by objective risk. I further argue in favor of this new view. Objective ex ante contractualism provides the best model of justifiability (...) to each. (shrink)

Au sortir de la Première Guerre mondiale, le Congo belge est gagné par une rhétorique de « crise du mariage » dont la multiplication des litiges conjugaux semble un symptôme. Ces litiges envahissent non seulement les tribunaux mais aussi les bureaux de poste de l’administration coloniale via des courriers de colonisés qui réclament le règlement de leurs contentieux matrimoniaux. Cet article propose des pistes d’analyse de cette production écrite qui révèle un certain désarroi masculin face au brouillage des repères matrimoniaux (...) et de genre ainsi que les ambiguïtés des politiques coloniales en la matière. Cette correspondance masculine témoigne du dynamisme des interactions entre les normes de genre proposées par le pouvoir colonial et les colonisés. (shrink)

In her final fragmentary novel Sanditon, Jane Austen develops a theme that pervades her work from her juvenilia onward: illness, and in particular, illness imagined, invented, or self-inflicted. While the “invention of odd complaints” is characteristically a token of folly or weakness throughout her writing, in this last work imagined illness is also both a symbol and a cause of how selves and societies degenerate. In the shifting world of Sanditon, hypochondria is the lubricant for a society bent on turning (...) health into a commodity. As a result, people’s rationality and their moral character come under attack. Catherine Belling’s recent subtle study, A Condition of Doubt: The Meanings of Hypochondria, unveils hypochondria’s discursive and cultural character. Running sharply against the tenor of Austen’s treatment, however, she argues in defense of the rationality of hypochondriacs; the notion that the condition may involve morally significant defects is not entertained; any connection to the commercialization of health care is muted. Here, I contrast Austen’s morally and epistemically negative rendering of her hypochondriacal characters in Sanditon with Belling’s efforts to create a sympathetic understanding of people with hypochondria. I will argue that, despite time gaps and genre differences, joint consideration of these texts can help bioethicists better appreciate how medicine can intensify, pathologize, and exploit anxieties about illness and death, thus adding to the challenges of living well in the face of mortality and morbidity. (shrink)

In recent decades, academic science has increasingly been directed toward commercializable ends by neoliberal governments. In this article, I outline a concern that academic scientists have not been consulted about the transformation of science, but nevertheless, in some ways accept commercialization as the way things are done. I focus on the ways in which academic scientists attempt to exercise agency, albeit within the parameters of the neoliberal knowledge economy. In this economy, scientific inquiry has transformed to be focused more on (...) producing marketable products. In order to explore the parameters of scientists’ agency in the context of that transformation, I first elaborate on the idea of agency’s “parameters” and argue that the literature on commercialization lacks attention to how researchers’ agency is encouraged and discouraged in the context of academic research in the United States and Canada; second, I make a case for using the concept of hegemony to understand the ideas and practices of contemporary science; third, I propose a methodological direction that can attend to researchers’ agency in the contemporary context of the neoliberal knowledge economy. (shrink)

When may someone complain, morally? And what, if any, is the relationship between legitimate moral complaint and one's own behaviour? I point out a perplexity about a certain class of moral complaints. Two very different conceptions of moral complaint seem to be operating, and they often have contrary implications. Moreover, both seem intuitively compelling. This is theoretically and practically troubling, but has not been sufficiently noticed. The Paradox of Moral Complaint seems to point to an inherent difficulty in our reflective (...) moral intuitions. Given the legislative nature of moral agency, the plausible limitations upon reasonable moral complaint seem to contradict the inviolability of central moral constraints and the complaints they allow. In the sort of cases under discussion, morality seems at once both to insist upon the possibility of moral complaint, and to deny it. (Published Online August 21 2006). (shrink)

Famously, Saul Kripke proposes that there are contingent a priori truths, and has offered a number of examples to illustrate his claim. The most well-known example involves the standard meter bar in Paris. Purportedly, a certain agent knows a priori that the bar is one meter long. However, in response to a long-standing objection to such examples - the "existential complaint" - generally only modified examples having a conditional form are now considered candidates for the contingent a priori. Gareth Evans (...) argues that these conditionals must be understood free-logically, and on this basis argues against Keith Donnellan's analysis of the contingent a priori. I show Evans' argument mistaken. I also take issue with the existential complaint, and suggest a way of understanding Kripke's original examples that is not subject to it. My approach focuses the debate in its right place, and allows us to take Kripke's original examples seriously. (shrink)

It has been suggested that understanding our obligations to address large-scale moral problems such as global poverty and the threat of severe climate change as fundamentally collective can allow us to insist that a great deal must be done about these problems while denying that there are very demanding obligations, applying to either individuals or collectives, to contribute to addressing them. I argue that this strategy for limiting demandingness fails because those who endorse collective obligations to address large-scale moral problems (...) have no grounds for denying that the relevant collectives are obligated to do what is impartially best. Specifically, I argue that appeals to the claim that collective obligations to do what is impartially best would be objectionably demanding cannot succeed, for two reasons. The first is that demandingness complaints cannot be aggregated across the individual members of a collective. And the second is that demandingness complaints cannot plausibly be asserted on behalf of collectives themselves. I conclude by suggesting some reasons to think that collective obligations to address large-scale problems will tend to imply demanding individual obligations. (shrink)

This paper examines how people assess inequality of income distribution and how inequality could be measured. We start from the philosophical analysis of Temkin, who distinguishes nine plausible aspects of inequality. His approach is based on the concept of ‘complaints’ or distances between incomes. We examine the Temkin approach by means of the questionnaire-experimental method pioneered by Amiel and Cowell to find out whether the aspects of equality have any plausibility for student respondents and, if so, whether there are aspects (...) which are more appealing than others. Both the numerical and verbal responses show that a considerable majority of the respondents might be influenced by the intuitions included in the combination of the Weighted Additive Principle and the Average view of complaints. The questionnaire results also shed some empirical light on the acceptance of the Transfer Principle and the attitudes towards the Sequence. Footnotes I would like to thank Erik Schokkaert, Frank Cowell, and Liema Davidovitz for various suggestions which have led to improvements in this paper. I am very grateful for helpful comments from seminar participants and an anonymous referee. I remain responsible for any remaining error. This paper was written while the author enjoyed the hospitality of Sticerd, LSE, London and he acknowledges the financial support provided by the Training and Mobility of Researchers Program of the European Communities, grant #ERBFMRXCT980248. (shrink)

This nation’s obesity epidemic is hardly a laughing matter. Approximately 300,000 Americans die from obesity-related causes each year, and without corrective measures, obesity may soon be responsible for as many deaths as cigarette smoking. Sixty-one percent of adults are overweight or obese, and the cost of obesity for the year 2000 was estimated to be 117 billion dollars.In Pelman v. McDmalds, a case decided in September 2003, a federal judge dismissed an amended complaint that attempted to hold McDonalds liable for (...) its customers’ obesity-related illnesses. While many argue that such litigation is frivolous and that the plaintiffs did not deserve direct compensation for their injuries, the debate has largely overlooked the important question raised by these cases - who should pay for the enormous financial strain that obesity places on America’s health care system? Although the courtroom may not be the appropriate forum to deal with this issue, the litigation has undoubtedly brought a great deal of much-needed attention to a vexatious social problem. (shrink)

This nation’s obesity epidemic is hardly a laughing matter. Approximately 300,000 Americans die from obesity-related causes each year, and without corrective measures, obesity may soon be responsible for as many deaths as cigarette smoking. Sixty-one percent of adults are overweight or obese, and the cost of obesity for the year 2000 was estimated to be 117 billion dollars.In Pelman v. McDmalds, a case decided in September 2003, a federal judge dismissed an amended complaint that attempted to hold McDonalds liable for (...) its customers’ obesity-related illnesses. While many argue that such litigation is frivolous and that the plaintiffs did not deserve direct compensation for their injuries, the debate has largely overlooked the important question raised by these cases - who should pay for the enormous financial strain that obesity places on America’s health care system? Although the courtroom may not be the appropriate forum to deal with this issue, the litigation has undoubtedly brought a great deal of much-needed attention to a vexatious social problem. (shrink)

Classical utilitarianism is very demanding and entails some counter-intuitive implications in moral dilemmas such as the trolley problem in deontological ethics and the repugnant conclusion in population ethics. This article presents how one specific modification of utilitarianism can avoid these counter-intuitive implications. In this modified utilitarian theory, called ‘discounted’ or ‘mild’ utilitarianism, people have a right to discount the utilities of others, under the condition that people whose utility is discounted cannot validly complain against such discounting. A complaint made by (...) a utility discounted person is not valid if either the existence of the discounting people in that option is in a specific sense necessary or the existence of the discounted person is in a sense not necessary. According to mild utilitarianism, we should choose the option that maximizes the total validly discounted or complaint-free discounted utility, i e. the sum of everyone’s utility minus the complaint-free discounts. As there are two conditions that make a complaint invalid, this right to discount can be translated into two versions: the right to bodily autonomy and the right to procreation autonomy. The former right relates to the mere means principle in deontological ethics, the latter right is useful in avoiding the repugnant conclusion problem in population ethics. The possibility of democratically imposing an upper bound on the permissible amount of discounting is discussed. (shrink)

The Complaint Model is an interpretation of Scanlon’s contractualism which holds that (1) an individual can reasonably reject a distribution of well-being when her complaint against that distribution is larger than any other person’s complaint against any other distribution. The Complaint Model further holds that (2) the size of an individual’s complaint against a distribution is a function of (2a) her absolute level of well-being under that distribution, with the size of her complaint increasing as her absolute level of well-being (...) decreases, and (2b) the size of her loss in well-being under that distribution relative to the level of well-being she could have enjoyed under the distribution most favourable to her, with the size of her complaint increasing as her loss increases. In this paper, I argue that the Complaint Model should be rejected, because the way in which it takes individuals’ losses into account leads to strongly counterintuitive results. In particular, I show that the Complaint Model may sacrifice the well-being associated with the least-well-off, secondleast-well-off, etc. positions for the sake of minimizing the largest complaint. I also argue that revisions to element (1) to allow for the aggregation of complaints must either leave the Complaint Model vulnerable to this objection or lead it to collapse into prioritarianism. The failure of the Complaint Model may lead us to search for an alternative way of taking losses into account. I conclude by arguing that the attractiveness of the Anonymous Pareto principle poses a challenge to any such alternative. (shrink)

The contemporary discussion of terrorism has been dominated by deontological and consequentialist arguments. Building upon my previous work on a paradox concerning moral complaint, I try to broaden the perspectives through which we view the issues. The direction that seems to me as most promising is a self-reflexive, conditional, and, to some extent, relational emphasis. What one is permitted to do to others would depend not so much on some absolute code constraning actions or on the estimate of what would (...) optimize overall the resulting well-being but on the precedents that the past actions of those others provided, on the relationships among the participants, on tacit or explicit offers and possible agreements among them, and on the reciprocity (or lack thereof) that ensues. (shrink)

The Qur’an has told the stories of many prophets and past tribes in order to convey the message it wants to give to its addressee. The Qur’an has narrated the stories that were narrated in the Bible in accordance with its purpose, by correcting the distorted points and without going into the details reported in the ‘Kutub-i al-Qadim’. One of the stories told in both the Qur’an and the Bible is Dawoud (David) and the plaintiffs. In this study, the story (...) of Dawoud and the plaintiffs deals with the evaluation of the story of Davud and the plaintiffs and the opinions expressed in the interpretation of the story in the context of Mushkil al-Quran al-Karim. From the earliest times to the present day, commentators have adopted different interpretations of the story of Dawoud and the plaintiffs. Some commentators, taking into account the literal meaning of the verses, interpret the verses based on the fact that the case described in the story is real. On the other hand, some interpret the parable based on the assumption that the case event expresses a representative expression, not a genuine event. The commentators who adopt this understanding are also divided into two as those who interpret the tale over the narrated narrations and those who interpret the tale over wording. The main reason why commentators adopt different interpretations of the tale is that the narrations about the background of the tale, primarily from the Bible, whether to be accepted or not. It is stated that the different opinions expressed in the article by the commentators, whom we have included in the classification, with the fear that they will harm the authority of prophethood, are difficult for the understanding of the story. In this article, different works that emerged according to the interpretation style of the commentators will be resolved in the context of the interpretations made by the same commentators. (shrink)

In _The Mind and its Place in Nature_ , C.D. Broad tries to show, as he says (p. 59), that "there is no doubt" that the Theory of Emergence is a logically possible view with a good deal in its favor. And in his history of British Emergentism, McLaughlin states that emergentism is perfectly internally coherent, although he doesn't think it has any empirical evidence in its favor at present. I am inclined to agree with the assessment that emergentism is (...) a coherent theory, but I can't see that Broad or McLaughlin has shown this, at least if this is taken to mean that it represents a metaphysical possibility (and not merely is not self-contradictory). Moreover, I suspect many people find the concept of emergent properties somehow unscientific, mysterious, and possibly incoherent; and I doubt that Broad has adequately addressed this intuition. He has indeed admirably explicated the meaning of the theory, so that now we can all understand it; but just as even to explain the idea, for example, that there are alterations without causes in such a way that it becomes absolutely, crystal clear what one means by "an uncaused change" would not be to demonstrate. (shrink)

One of the divine quotations narrated from the timeline of Qur’ānic revelation is seen as a word of Prophet Mohammad in the 30th verse of the surah of al-Furqān. It’s observed that the speaker of this verse is Prophet Mohammad and he complains to God about his tribe which neglects the Qur’ān. In the present study, semantic structure and the meaning area of the phrase “mahjūr”, which is the key word in this verse, the meaning of it in the timeline (...) of Qur’ānic revelation and the interpretations attributed to it in the following centuries are traced. Likewise by examining Qur’ānic exegesis chronologically and investigating the interpretations of the exegetes on the relevant verse, it’s tried to see the semantic breaking points, changes and transformations regarding this verse in the historical process. Finally, the approaches of the exegetes who interpreted this verse in terms of the method of maqāsidī tafsir or the principle of teleological interpretation are determined. The approaches detected in this respect are first explained in a descriptive style, and then they’re evaluated in an analytical point of view. The findings and conclusions we reached in this study are as follows: As stated by the majority of exegetes, especially Qatāda, al-Zamakhsharī, Ibn Atiyya, Fakhr al-Dīn al-Rāzī and al-Sa‘ālibī, the aforementioned verse belongs to the Prophet Mohammed in terms of both wording and meaning. It hasn’t been determined that there’s a conflict about the pertaining of this word to him. According to this hadith quoted in surah al-Furqān, the Qurayshi polytheists made unwarranted objections to the Prophet and the divine instructions that he brought, his heart was narrowed in the face of their attitude towards the Qur’ān, and for these reasons he complained about his tribe to God. It can be said that this meaning seen in Mecca in the tenth year of his prophethood, namely, insulting the Qur’ān, abandoning it, and denying the themes in it, also includes Muslims after the revelation period. Accordingly, it can be thought that the aspect and situation of not acting on the provisions of the Qur’ān and not thinking about its verses are also valid for the interlocutors of the next period. In this direction, when we look at the history of tafsir, it has been determined that the exegetes who interpreted this verse in terms of teleological interpretation asserted different approaches. It was seen that al-Zamakhsharī, al-Rāzī, Abū al-Barakāt al-Nasafī, al-Bikā‘ī, Kamālpasazāde, Sayhzāda and Ibn ʻĀshūr interpreted this complaint of the Prophet by associating it with the coming of punishment. Therefore, in compliance with them, this verse aimed to threaten all the interlocutors, especially the Quraysh. On the other hand, it has recognized that Ibn al-Qayyim al-Jawziyah, Ibn Kathir, Bursavī and Sayyid Qutb evaluated this verse in the context of the types and ways to abandon the Qur’ān. Thus, they interpreted the relevant verse in terms of maqāsidī tafsir in a way that would cover both the first addressees of Qur’ānic revelation and other interlocutors in the following periods. In a nutshell, it can be considered that not endeavoring to understand and interpret the Qur’ān, or keeping it away from family and social life, law, understanding of earning and spending, not referring to it in such matters, or giving up living a life pursuant to it, are some of the routes and sorts of abandonment of it for Muslims. (shrink)

The notion of ‘bipolar’ or ‘second‐personal’ normativity is often illustrated by such situations as that of one person addressing a complaint to another, or asserting some right, or claiming some authority. This paper argues that the presence of speech acts of various kinds in the development of the idea of the ‘second‐personal’ is not accidental. Through development of a notion of ‘illocutionary authority’ I seek to show a role for the ‘second‐personal’ in ordinary testimony, despite Darwall's argument that the notion (...) of the ‘second‐personal’ marks a divide between practical and theoretical reason. (shrink)

My goal in writing 'Philosophical Analysis in the Twentieth Century' was to identify and explain the most important achievements of analytic philosophy which every student of the subject should be aware of, as well as those of its failures from which we have the most to learn. I attempted to do this by constructing a history that was itself a piece of analytic philosophy in its emphasis on analysis, reconstruction and criticism of arguments. In rebutting Hacker's critique of it, I (...) explain how my goal shaped my selection of topics, with special reference to the ordinary language period. I correct his misrepresentations of my treatment of the philosophers of this period, I demonstrate his failure to grasp, or understand the significance of, the Kripkean necessary a posteriori, and I reveal the misconceptions in his criticism of my interpretation of the 'Tractatus'. (shrink)

Au sortir de la Première Guerre mondiale, le Congo belge est gagné par une rhétorique de « crise du mariage » dont la multiplication des litiges conjugaux semble un symptôme. Ces litiges envahissent non seulement les tribunaux mais aussi les bureaux de poste de l’administration coloniale via des courriers de colonisés qui réclament le règlement de leurs contentieux matrimoniaux. Cet article propose des pistes d’analyse de cette production écrite qui révèle un certain désarroi masculin face au brouillage des repères matrimoniaux (...) et de genre ainsi que les ambiguïtés des politiques coloniales en la matière. Cette correspondance masculine témoigne du dynamisme des interactions entre les normes de genre proposées par le pouvoir colonial et les colonisés. (shrink)

Recently, Linda Zagzebski has proposed an “exemplarist virtue theory.” Her idea is to define moral terms such as “right act”, “duty”, “good end”, “good motive”, “virtue” etc. by referring directly to exemplars we admire upon reflection such as Confucius, Jesus Christ, St. Francis, St. Elisabeth etc. In this article, I will first present the main theses of Zagzebski’s theory and relate them to the program of virtue ethics. Secondly, I will confront her theory with what I call “the Kant Complaint” (...) according to which one could give no “worse advice to morality than by trying to get it from examples”, and thirdly, I will argue that Zagzebski has the resources to counter several versions of this complaint. (shrink)

In Words and Battlefields: A Theoria on the Poem, Cirilo Bautista advances the thesis that there is such a thing as a Filipino epic and that it is key to nation-building.1 Well known for his long-form poetry, Bautista can be said to be taking a position on one of the main issues in the philosophy of poetry, namely the ontology or being of poems. I argue that his theory of the poem has three cornerstones, which I critique and evaluate through (...) a close reading of the epic poem “The Cave.”. (shrink)

Do victims of moral wrongdoing have moral grounds to complain if they have freely committed a similar wrongdoing in the past? This question explores the connection between the moral standing of complainers and their previous deeds. According to Saul Smilansky two equally justifiable competing views create an antinomy with respect to the said question. In this article I present two arguments that attempt to undermine Smilansky's alleged paradox, presenting it as no more than a resolvable moral conflict. My first argument (...) attempts to resolve the conflict in cases where the complaining wrongdoers have already been sanctioned for their past transgression. My second argument challenges the validity of the alleged paradox, based on an alternative explanation of the seemingly paradoxical moral results. (shrink)

This essay addresses mineral water as a medical, experimental and economic material. It focuses on the career of the Reverend Dr William Laing , a physician and cleric who wrote two pamphlets about the water of provincial spa located in Peterhead, a town on the north-east coast of Scotland. I begin by outlining his education and I then reconstruct the medical theory that guided his efforts to identify tonics in the well’s water. Next, I explain why Laing and several other (...) local inhabitants thought themselves to be authorities on the palliative power of the water and I close by showing how such effects were commodified by local entrepreneurs. Although I concentrate primarily upon Peterhead Spa, this study touches upon several issues relevant to the types of medical theory and chemical experimentation that were being used in provincial Scotland during the late eighteenth and early nineteenth centuries. (shrink)

In this paper I explore Žižek’s stance on ideology. I begin with an overview, move to his understanding of the ‘act’ and then move into the second part of the paper which is a discussion of the first part in relation to his encounter with Deleuze in Organs Without Body. I claim that this was a missed encounter, or rather it will always remain an impossible encounter given that Lacan, Badiou and Žižek’s philosophical embrace of negativity bumps up squarely against (...) Deleuze and Guattari’s affirmative stance. This deadlock does not offer a ‘solution’ as much as the political consequences that emerge from the two paths taken. It is further claimed that these crossroads are separated by two very different understandings of infinity as they are developed in the Kantian antinomy of the mathematical and dynamic sublime. (shrink)

This essay addresses Paul Thompson’s claim (made in two pieces separated by 20 years) that “you are not what you eat”; that is, that dietetics is not an ethical matter. I issue a series of challenges to Thompson’s position, all of which have a common underpinning, namely that his critiques of dietetics sound more like the sort I’d expect from an analytic philosopher than from a pragmatist. They are rooted not only in a tightly drawn (if widely philosophically accepted) definition (...) of ethics, but also in a very tightly drawn definition of diet, a definition that doesn’t take much account of context. That the stream from producer to consumer is continuous argues for not forgetting that eating is one link in a chain of activities—a link that literally cannot exist without those that come before it. Resting on this common underpinning are three specific complaints. The first two address what I take to be his implicit definitions of eating and of personhood, challenging his claims that it is possible in principle to separate self-regarding from other-regarding claims, and that purely self-regarding claims are not ethically relevant. The third pushes back on the matter of whether ethics must concern itself all and only with actions that have an impact on others. (shrink)

After receiving a copy of Metaphysics as a Guide to Morals, Murdoch’s friend Brian Medlin writes back: ‘So far I think I disagree with what you say in “Wittgenstein and the Inner Life,” but I’ll have to make sure that I’ve understood you aright before I launch into a complaint.’ Here, I reconstruct Murdoch’s reading of Wittgenstein and show its ambivalence. While Murdoch acknowledges Wittgenstein’s aim to dissolve illusionary ideas about the inner, she also thinks he presents substantial theses threatening (...) the reality of inner life. Murdoch’s misreading of Wittgenstein as a constructive philosopher may be what worries Medlin, and it also prevents Murdoch from seeing Wittgenstein as an ally in the endeavour to demonstrate the morally transformative potential of our inner lives. (shrink)

Preface : how and why the stories came to be -- Introduction : self-deception and red flags -- Sammy meets the wolf : meet the characters who will decide the cases -- I'm not your monkey : loss of control with a difficult client -- Junk yard therapy : self-delusion and exploitation -- Rats! : warring colleagues -- The John : a predator at work and play -- The raid on Hollywood Boulevard : the professional role vs. the right to (...) a private life -- Kill the boss : when clients threaten physical harm -- Broken : Bartering gone bad -- Baby steps off a cliff : the slippery slope to sexual exploitation -- Car crash : a simple disclosure with unforeseen consequences -- Mad FAX : what not to do when clients don't pay -- The star catcher : the undoing of a troubled psychotherapist -- Vampire : Countertransference exploding -- Epilogue : a transformed Dr. Halsey goes home. (shrink)

Standard economic theory teaches that trade benefits all countries involved, at least in the long run. While there are other reasons for trade liberalization, this insight, going back to Ricardo's 1817 Principles of Political Economy , continues to underlie international economics. Trade also raises fairness questions. First, suppose A trades with B while parts of A's population are oppressed. Do the oppressed in A have a complaint in fairness against B? Should B cease to trade? Second, suppose because of oppression (...) or lower social standards, A's products are cheaper than B's. Can industries in B legitimately insist that their government take measures to help them compete? The Pauper-Labor Argument makes that case, and many economists enjoy dismissing it in undergraduate classes. Third, suppose A subsidizes its industries. If this lowers world market prices, does B have a fairness complaint against A? Ought countries to consider how trade policies affect others? This article is the first of two, which together develop a view that is meant to serve as a reference point for moral assessments of international trade policies. I develop this view by way of offering affirmative answers to these three questions. Since this discussion is organized around these three questions, the two studies can be read independently of each other. Key Words: the state • World Trade Organization • development • oppression • exploitation. (shrink)

Innocent I (402-417) addressed Epistula 38 to two Bruttian bishops, Maximus and Severus, in response to a complaint from Maximilianus, an agens in rebus,that these southern Italian bishops had failed to take action against presbyters who fathered children contrary to the requirements of celibacy after ordination and claimed to be ignorant of any policy on this matter. Innocent reminded the two bishops that they needed to attend to their duties. This letter is among the earliest evidence for how the Roman (...) bishop operated in practice as metropolitan of Suburbicarian (and possibly Annonarian) Italy and so this article examines the growth of Rome’s metropolitan authority and concludes from an examination of both context and content of the letter that Innocent did not refer to any formal authority,which grew over time but seems to have been limited to presiding over synods, approving the election and ordination of new bishops, and hearing appeals from deposed bishops outside his province, but was exercising a practical authority as the leading bishop of the area, which he expressed in surprised tones, to direct them to do their duty. (shrink)

The article deals with relations between the individual and human rights on the one hand, and the State on the other, in the context of the Constitution of the Republic of Poland. The author poses the question whether the idea of subordination of the State to the individual is really a central idea of that constitution. He puts forward many arguments against such suggestion. These arguments relate, above all, to the arrangement of the constitution: a chapter concerning human rights is (...) chapter II, while chapter I deals with foundation of the State; the goals of the State are specified in the preamble including the following initial phrase “the existence and future of Poland as our Homeland” and in Article 5 where human rights are as subject of protection by the State is mentioned after independence and integrity of [its] territory; a general concept of human rights protection adopted in the constitution is dominated by the structures typical of law in its objective sense; the way of regulation admissible limitations on human rights differs from international standards; possibility of claiming human rights is constitutionally guaranteed, mostly by constitutional complaint which is above all aimed at correction of legal system, rather than claiming of rights by the individual; Article 1 (“The Republic of Poland shall be the common good of all its citizens”) interpreted as referring to Article 1 paragraph 1 of the April Constitution of 1935, one of the main ideas of which was precedence of the State over the individual. He also analyses the arguments in favour of the recognition of the idea of subordination of the State. Nevertheless, they cannot be accepted as resolving the question of whether it is a central idea of the constitution. These arguments include in particular: the principle of subsidiarity contained in the preamble, even if it has not been appropriately emphasized there; recognition of inherent and inalienable dignity of the person, but it was not until Article 30 that this provision has been contained and it does not determine the relations between the human dignity and rights and the State. The author suggests that the only conclusive way to justify the subordination of the State in relation to the individual as a central idea of the constitution is by means of Article 1. Taking into account, above all, preparatory work, we should reject the interpretation of that article referring to the April (1935) Constitution. Essential interpretative context may be found in preparatory work and social teachings of the Catholic Church, referred to therein. In that case, the common good means the entirety of the conditions of social life which favour the human development. These conditions include above all the respect for human dignity. Such interpretation of Article 1 gives priority to proposals on what the State should be to serve the individual rather than to safeguard obligations of citizens in relation to the State. (shrink)

Deception sometimes results in nonconsensual sex. A recent body of literature diagnoses such violations as invalidating consent: the agreement is not morally transformative, which is why the sexual contact is a rights violation. We pursue a different explanation for the wrongs in question: there is valid consent, but it is not consent to the sex act that happened. Semantic conventions play a key role in distinguishing deceptions that result in nonconsensual sex (like stealth condom removal) from those that don’t (like (...) white lies). Our framework is also applicable to more controversial cases, like those implicated in so-called “gender fraud” complaints. (shrink)

Initiatives to encourage more women in STEM-related industries have had mixed results. Adding more women to longstanding male-dominated STEM occupations has highlighted issues in workplace culture that are hostile to women. In this case, the CEO of an engineers' professional association, NSE, is accused of making a sexually suggestive remark to two female engineers at the annual convention. One of the women, Claire, lodged a complaint with the board. After reviewing the investigation report, the board voted to ask the CEO (...) to quietly apologize to both women. Claire, in the meantime, posted a negative review of the NSE's handling of her complaint which is getting considerable media attention. The purpose of this case is for students to examine the competing interests NSE faces in promoting the safety of female members, protecting its reputation for advancing the profession and women in engineering and supporting an otherwise “brilliant CEO”. (shrink)

As the plan of the Oxford Bibliotheca does not allow an editor to justify his treatment of a text in detail, it is inevitable that misunderstandings should arise, and I see that even a competent Platonic scholar like C. Ritter has missed the point more than once in his recent Bericht . I make no complaint of that–it was inevitable–but I feel bound to put on record my views on at least the more important problems suggested by the text. First, (...) however, I must say something about the MSS. and the use which I have made of them. (shrink)

As the plan of the Oxford Bibliotheca does not allow an editor to justify his treatment of a text in detail, it is inevitable that misunderstandings should arise, and I see that even a competent Platonic scholar like C. Ritter has missed the point more than once in his recent Bericht. I make no complaint of that–it was inevitable–but I feel bound to put on record my views on at least the more important problems suggested by the text. First, however, (...) I must say something about the MSS. and the use which I have made of them. (shrink)

Charles Rosenberg’s latest book is a collection of ten essays spanning twelve years’ work on the history of American medicine, and seeks to provide both the historian and the practicing physician with an understanding of the framework that lies beneath our modern medical system. He states his cause explicitly in the opening chapter: “Insofar as I have a personal agenda, it is a desire to underline the need...for physicians to think and act on an understanding of [their] unique social and (...) moral identity. It means thinking critically about...the world that informs and constrains clinical choices” (p. 11). (shrink)