The laws are not silent in war, but what should they say? What is the moral function of the law of armed conflict? Should the law protect civilians who do not fight but help those who do? Should the law protect soldiers who perform non-combat functions or who may be safely captured? How certain should a soldier be that an individual is a combatant rather than a civilian before using lethal force? What risks should soldiers take on themselves to avoid (...) harming civilians? When do inaccurate weapons become unlawfully indiscriminate? When does 'collateral damage' to civilians become unlawfully disproportionate? Should civilians lose their legal rights by serving, voluntarily or involuntarily, as human shields? Finally, when should killing civilians constitute a war crime? These are the questions that Law and Morality at War answers, contributing to a cutting-edge international debate. Drawing on the concepts and methods of contemporary moral and legal philosophy, the book develops a normative framework within which the laws of war and international criminal law can be evaluated, criticized, and reformed. While several philosophical works critically examine the moral status of civilians and combatants, this book fills a gap, offering both an account of the laws of war and war crimes, and proposing how the law could be improved from a moral point of view. (shrink)

Through a critical engagement with Jeremy Waldron’s work, as well as the work of other writers, I offer an account of the relative scope of the morality of war, the laws of war, and war crimes. I propose an instrumentalist account of the laws of war, according to which the laws of war should help soldiers conform to the morality of war. The instrumentalist account supports Waldron’s conclusion that the laws of war justifiably prohibit attacks on civilians even if it (...) turns out that some civilians lack a moral right not to be killed. Importantly, the instrumentalist account also offers what Waldron thinks impossible: a non-consequentialist defense of the failure of the laws of war to prohibit the killing of nonthreatening combatants. Finally, I argue that new war crimes can be broader than the morality of war as well as established laws of war and that many of the arguments for defining war crimes more narrowly than either the morality of war or the laws of war are unconvincing. In all of these ways, I hope to carry forward Waldron’s project of exploring the relationship between law and morality in war. (shrink)

Background Fecal microbiota transplant (FMT) is a treatment modality that involves the introduction of stool from a healthy pre-screened donor into the gastrointestinal tract of a patient. It exerts its therapeutic effects by remodeling the gut microbiota and treating microbial dysbiosis-imbalance. FMT is not regulated in Jordan, and regulatory effort for FMT therapy in Jordan, an Islamic conservative country, might be faced with unique cultural, social, religious, and ethical challenges. We aimed to assess knowledge, attitudes, and perceptions of ethical and (...) social issues of FMT use among Jordanian healthcare professionals. Methods An observational, cross-sectional study design was used to assess knowledge, attitudes, and perceptions of ethical and social issues of FMT among 300 Jordanian healthcare professionals. Results A large proportion (39 %) thought that the safety and efficacy of this technique are limited and 29.3 % thought there is no evidence to support its use. Almost all (95 %) responded that they would only perform it in certain cases, if ethically justified, and 48.3 % would use it due to treatment failure of other approaches. When reporting about reasons for not using it, 40 % reported that they would not perform it due to concerns about medical litigation, fear of infections (38 %), and lack of knowledge of long safety and efficacy (31.3 %). Interestingly, all practitioners said they would perform this procedure through the lower rather than upper gastrointestinal tract modality and the majority will protect the patient’s confidentiality via double-blinding (43.3 %). For a subset of participants (n = 100), the cultural constraints that might affect the choice of performing FMT were mainly due to donor’s religion, followed by dietary intake, and alcohol consumption. Conclusions Our healthcare practitioners are generally reluctant to use the FMT modality due to religious and ethical reasons but would consider it if there was a failure of other treatment and after taking into consideration many legislative, social, ethical and practice-based challenges including safety, efficacy and absence of guidelines. (shrink)

Scientific research and ethics -- Ethical theory and decision making -- Data acquisition and management -- Mentoring and professional relationship -- Collaboration in research -- Authorship -- Publication and peer review -- Misconduct in research -- Intellectual property -- Conflicts of interest and scientific objectivity -- The use of animals in research -- The use of human subjects in research -- The use of vulnerable subjects in research -- Genetics, cloning, and stem cell research -- International research.

The scholars agree that the Prophet did not compose even one line of poetry before revelation was given to him or thereafter. They also agree that he was prohibited from doing this as a way of closing the door to any ambiguity about the Generous Qur’an, such that no one would confuse it with poetry. Despite there being no rational or scriptural proof for the impossibility of his reciting the poetry composed by others or mentioning verses of poetry composed by (...) others, in its proper meter, the scholars differed about whether these things occurred historically. Many scholars stated that this did not occur and even blatantly said that if he wished to use a line of poetry as an example he wouldn’t complete the line. And if he did complete a line of poetry as an example, he wouldn’t say it in its proper meter. This claim spread far and wide among many of the linguists, exegetes, and historians. They cited examples of this, and they provided as proof many reports such that this became a core axiom for them. If, however, they came upon a report that indicates that the Prophet recited poetry in meter form, they sought out some type of figurative interpretation. They did all of this without having first grounded their axiom in any type of proof and without providing any evidence for the correctness of the figurative interpretations that they put forward. Due to the fact that this claim was not built upon a full and complete gathering of all of the reports related to it, nor was it based upon a proper critique according to the methodology of hadith scholars, many problems have arisen in the conceptualization of what occurred historically that are referenced in hadith literature. It is for this reason that this study pays attention to gathering all of the reports related to these incidents, so that we can reach a clear and precise historical conceptualization of this question. Beyond this, it seeks to evaluate the positions of many of the linguists, exegetes, and historians based upon the aforementioned findings and comparing their historical conceptualization with the conclusions mentioned above. Finally, it brings forth the major problems said scholars fell into based upon their not having gathered all of the hadith reports and not having analyzed them according to the methodology of hadith scholars. (shrink)

This book posits three ethical principles by which the concept of equal worth can be used in a practical manner to resolve conflicts and wars. Shamoo argues that once the principle of equal worth is adopted in foreign policy, humanity will be able to achieve peace.

There is consensus that children have questionable decisional capacity and, therefore, in general a parent or a guardian must give permission to enroll a child in a research study. Moreover, freedom from duress and coercion, the cardinal rule in research involving adults, is even more important for children. This principle is embodied prominently in the Nuremberg Code (1947) and is embodied in various federal human research protection regulations. In a program named "SATURN" (Student Athletic Testing Using Random Notification), each school (...) in the Oregon public-school system may implement a mandatory drug-testing program for high school student athletes. A prospective study to identify drug use among student-athletes, SATURN is designed both to evaluate the influence of random drug testing and to validate the survey data through identification of individuals who do not report drug use. The enrollment of students in the drug-testing study is a requirement for playing a school sport. In addition to the coercive nature of this study design, there were ethically questionable practices in recruitment, informed consent, and confidentiality. This article concerns the question of whether research can be conducted with high school students in conjunction with a mandatory drug-testing program, while adhering to prevailing ethical standards regarding human-subjects research and specifically the participation of children in research. (shrink)

This article responds to four others that critically and productively engage with my book, Law and Morality at War. Four themes emerge: the law of armed conflict’s claim to legitimate authority, the relationship between the law of armed conflict and the deep morality of war, the moral norms governing killing in the fog of war, and the moral permissibility of targeting civilians.

How does international financial aid affect the cooperative behavior of local non-governmental organizations (NGOs)? Can NGOs, while turning global, preserve peer connections with local actors and be engaged in local issues? The civil society literature contains competing perspectives on and reports of how international financial aid may restructure local civic networks. Some scholars argue that international support comes at the expense of local integration as inclusion in global networks takes local NGOs out of the local context, while others find evidence (...) that organizations do not have to face “a forced choice”, and may well be integrated both globally and locally. Drawing on this scholarship, we examine two hypotheses on how transnational funding influences cooperation patterns among NGOs. The hierarchy argument states that public entities tend to cooperate with internationally funded NGOs as external contact signals quality and trustworthiness. The segregation argument, on the contrary, suggests financial homophily according to which organizations are more likely to choose peers similar in sources of funding. To test these hypotheses, we apply Exponential Random Graph Models to the data on cooperation among 221 Kazakhstani NGOs. Results support the segregation hypothesis implying that NGOs are likely to have a bias towards similarly funded peers. (shrink)

The Ahmadiyya Muslim community represents the followers of Mirza Ghulam Ahmad, a charismatic leader whose claims of spiritual authority brought him into conflict with most other Muslim leaders of the time. The controversial movement originated in rural India in the latter part of the 19th century and is best known for challenging current conceptions of Islamic orthodoxy. Despite missionary success and expansion throughout the world, particularly in Western Europe, North America, and parts of Africa, Ahmadis have effectively been banned from (...) Pakistan. Adil Hussain Khan traces the origins of Ahmadi Islam from a small Sufi-style brotherhood to a major transnational organization, which many Muslims believe to be beyond the pale of Islam. (shrink)

It is universally accepted that informed consent to participate in medical research should be given by subjects. People have the fundamental human right to freely choose, without coercion or withholding of information necessary to make a reasonable choice, whether they will undergo any risks associated with a research project. United States researchers have known for some time that they have the duty to inform potential subjects of the nature of proposed research and the risks and possible benefits, and to seek (...) consent. Investigators also have the duty to design the research so that it will be scientifically valid while minimizing foreseeable and avoidable harms. (shrink)

The police are one of the important law enforcement agency in Bangladesh. Police are the best agency to protect human rights. Indeed, the police have a special responsibility to protect people. In addition, to their duty, they also serve in people's social and moral call, especially during COVID-19 situations they imprint many examples of humanity. People experience many good deeds of police during a national disaster as well. However, allegation against the police for violations of human rights is not uncommon. (...) Cases of torture, death in police custody, involvement in the drug trade and robberies, entrapment with drug, helping in land grabbing, etc. are being published in newspapers. Nevertheless, to protect human rights or to take care of human rights is the prime function of the police. This research efforts to find out the answer to why police violate human rights. This research may help police professionals or administrators in taking policy initiatives to erase the negative image of the police. (shrink)

Most of the literature on phase one trials has focused on ethical and safety issues in research on patients with advanced cancer, but this article focuses on healthy, adult subjects. The article makes six specific recommendations for protecting the rights and welfare of healthy subjects in phase one trials: 1) because phase one trials are short in duaration (usually 1 to 3 months), researchers should gather more data on the short-term and long-term risks of participation in phase one studies by (...) healthy subjects; 2) researchers should develop strict inclusion/exclusion criteria that exclude unhealthy or vulnerable subjects, such as decisionally impaired people, in phase one studies; 3) subjects should not participate in more than one phase one study at the same time and should wait at least 30 days between participating in different studies; 4) researchers should develop a database to keep track of phase one participants; 5) subjects should be guaranteed a minimum wage equivalent to the equivalent type of unskilled labor, but there should be no upper limits on wages; and 6) subjects should be allowed to engage in collective bargaining with research sponsors. *Disclaimer: The ideas and opinions expressed in this article are the authors' personal views and do not represent the views of the National Institute of Environmental Health Sciences, the National Institutes of Health, or the United States government. (shrink)

Jensen’s inequality is one of the fundamental inequalities which has several applications in almost every field of science. In 2003, Mercer gave a variant of Jensen’s inequality which is known as Jensen–Mercer’s inequality. The purpose of this article is to propose new bounds for Csiszár and related divergences by means of Jensen–Mercer’s inequality. Also, we investigate several new bounds for Zipf–Mandelbrot entropy. The idea of this article may further stimulate research on information theory with the help of Jensen–Mercer’s inequality.

The police are one of the most powerful and important forces for any country. The main task of the police is to install a sense of security in the ordinary citizens and to protect their life and property when they are in danger. Bangladeshi Police have a glorious past with tremendous achievement. Especially in our great liberation war in 1971, they played an important role in achieving our liberation. Eliminating terrorism & militancy and others several operation that leads with the (...) risk of their life. But there are still a lot of accusations against the police force. Like- abusing of power, Misconducting with the people, Committing crossfire defying the high-court order, Wearing white dress when they move to detain criminals, Arresting without warrant, and many other including Bribery, Extortion, Trading Drug and Yaba, Playing partisan role, keeping Bad association, Filing case against deceased man, Charging sheet against the infant who has not been born yet, Enforcing disappearance, Suppressing the freedom of express, Violating Human rights, Doing anti-social activities such as rape, forcible extortion, drinking alcohol, etc. are the real scenario of Bangladesh Police. Policing ethics or related unethical behaviors, in particular, are shaped by both societal perceptions and organizational socialization of the police personnel on how authority should be exercised, as well as the latter's relationship with the socio-political and economic structures overtime. This paper proposes to explain the role of police as the main law enforcement agency in any democratic country. An Attempt has been made to bring different perspectives of ethics which comprises views of Aristotle, Machiavelli, Immanuel Kant, J S Mill and John Rawls. The paper focuses on police Ethics. Police ethics’ reflects the society and the regulations that shape the policing system. Discuss the results and analysis of the consequences of moral degradation caused by the Police. Explore the police brutality because of the lack of Ethics to highlight the public's attitude towards police. The ethical standards and the code of conduct Police practitioners should actually abide by is an ongoing debate. (shrink)

Helen Frowe’s Defensive Killing is in many respects an excellent book, full of arguments that are original, interesting, important, and often persuasive. In other respects, the book is deeply unsettling, as it forcefully challenges the belief that killing ordinary civilians in armed conflict is a paradigmatic moral wrong. In particular, Frowe argues that civilians who make political, material, strategic, or financial contributions to an unjust war may lose their moral protection from intentional and collateral harm. On this point, Frowe’s arguments (...) are original, interesting, and important but, thankfully, not persuasive. (shrink)

Egyptians had many reasons to overthrow the government of Hosni Mubarak, and to challenge the legitimacy of the interim military government. Strikingly, among the leading reasons for the uprising and for continued protest are reasons grounded in criminal justice. Reflection on this dimension of the Egyptian uprising invites a broader examination of the relationship between criminal justice and political legitimacy. While criminal justice is neither necessary nor sufficient for political legitimacy, criminal injustice substantially undermines political legitimacy and can provide independent (...) reasons for revolution. A state may compromise its legitimacy by committing criminal acts, by perverting or subverting the criminal process, and by failing to discharge its duty to punish serious wrongdoing—a duty that then falls to individuals to discharge either directly (through vigilantism) or indirectly (through revolution). Contrary to the views of many leading criminal law theorists, the duty to punish serious wrongdoing applies to individuals and not only to states. The relevance of political legitimacy to criminal justice is more complicated. Individuals are morally obligated to follow the morally justified laws of an illegitimate state, but are not morally obligated to follow the morally unjustified laws of a legitimate state. Nor may any state punish in the absence of moral wrongdoing and moral fault. However, illegitimate states may be incapable of justly holding individuals accountable to the state, to the community, or to victims through criminal trials. This incapacity provides an additional reason to overthrow illegitimate states and replace them with legitimate states capable of justly administering a just criminal law. (shrink)

A broad consensus affirms the concept that all human beings have equal moral worth (Beauchamp and Childress 1994; Rawls 1971). Translating this ethical norm into practice requires careful attention...

A broad consensus affirms the concept that all human beings have equal moral worth (Beauchamp and Childress 1994; Rawls 1971). Translating this ethical norm into practice requires careful attention...

Arabic language; grammar; syntax; linguistics.

Kur’an tasavvuru belli kavramlardan meydana gelmektedir. İnsanın fiziki ve manevî yönünü ifade eden fıtrat kavramı, Kur’an tasavvurunu ifade eden önemli kavramlarından biridir. Fıtrat kavramının ilk günden itibaren tefsircilerin ilgi odağı olması da bundandır. Genellikle fıtrat, İslam dini, ilk yaratılış ve insanın dini kabul etme potansiyeli olarak yorumlanmış ve bunların değişip değişmeyeceği üzerinde durulmuştur. Rum sûresinde geçen “khalqullah” ile Nisâ sûresinde geçen “khalqullah” terkiplerinin bulunduğu âyetler arasında bu çerçevede bağlantı kurulmuştur. Bu çalışmamızda fıtratın mahiyeti ile fıtratla ilgili âyetlerin birbiriyle ilişkilendirilmesi irdelenecek (...) ve fıtratın temel unsurları üzerinde durulacaktır. Akıl, sevgi, aşk, güzel şeylere ilgi duyma ve çirkinliklerden kaçınmanın, insan fıtratının temel bileşenleri arasında yer alıp almadığı tartışılacaktır. Ayrıca fıtrat âyetinde geçen tebdîl kavramı ile Nisâ sûresinde geçen tağyir kavramının, aynı manayı ifade edip etmediği üzerinde durulacaktır. (shrink)

Despite the theoretically important role of green human resource management (HRM), relatively little research has been discovered so far about this role particularly in the Oil and Gas industry. We contribute to fill this gap by developing and testing a set of hypotheses to provide a first attempt at analyzing the antecedents and outcomes of green HRM practices in the Qatari Oil and Gas industry. Data were collected from 144 managers and analyzed using Partial least squares (PLS). The analysis shows (...) that both top management support and internal environmental orientation positively influence green HRM, which in turn has a significant positive impact on environmental performance. The results also provide evidence for the mediating effect of green HRM on the links between both top management support and internal environmental orientation, and environmental performance. Moreover, environmental performance is found to positively influence organizational performance. The implications of these results for theory and HRM practices in the Oil and Gas industry are taken into consideration. (shrink)

This article argues that Habermas’s position on the relationship between religion and politics reaffirms his two-track political theory of the secular state and civic duty. His “hard-core” theory of secularism coupled with an ethics of citizenship seeks new ways of including religious citizens in modern pluralistic societies. The analysis of secularism both as a concept and as a guiding principle in Habermas’s work shows that most critics have misinterpreted his specific use of the term. The result of this is that (...) most secularist and accommodationist critics of Habermas’s ethics of citizenship disregard his two-track political theory and its co-originality principle that assumes the equal status of public and private autonomies of citizens. My aim is thus to shift critical attention to the central aspects of Habermas’s work on religion, specifically to the task of translating religious reasons into an all-accessible language. This task of translation faces several difficulties due to some points that are left unclear by Habermas, such as determining the line separating the informal and the formal spheres, and how to avert the risk of majoritarian hijacks of democracy that could altogether undermine the Habermasian framework. (shrink)

The right of freedom of religion is one of the fundamental rights guaranteed in the Malaysian Constitution. The provision over the right to freedom of religion is seen as one of the most crucial provisions ever stated in the Federal Constitution. Article 11 has never been amended. Indeed, provision in Article 3 reiterates the right of individuals, especially the non-Muslims to profess and practise their religion freely, without any fear and interference. The special status of the religion of Islam enshrined (...) in Article 3 does not mean that non-Muslims have no right in matter of freedom of religion. However, the Federal Constitution seems to restrict the right to freedom of religion, in the sense that freedom of religion in Malaysia is not absolute. There have been several restrictions imposed not only within the constitutional framework but also other general legislations. Among provisions that furnished such restrictions can be seen in Articles 11, 11 and 10 of the Federal Constitution. Moreover, the Parliament had also passed several legislations allowing such restrictions. This can be seen, among others, the Internal Security Act of 1960, the Societies Act of 1966, the Police Act of 1967, the Printing Presses and Publications Act of 1984, the Town and Country Planning Act of 1976 and the Penal Code. As such, Muslims and non-Muslims alike must adhere to certain religious constraints for the sake of public order, public health and morality.While freedom of religion is guaranteed for individuals in the Malaysian Constitution, some states in Malaysia have penalised Muslims who renounced the Islamic faith. Although there is no death penalty for apostasy in Malaysia, apostates are subject to punishments like fine, imprisonment and to a certain extent whipping. In certain states, apostates are detained at the rehabilitation centre for up to 36 months. These have brought concern to human rights activists because such punishments and detention may seem contrary to the right to freedom of religion enshrined under Article 11 of the Federal Constitution and Article 5 that guarantees individual liberty. This article attempts to investigate whether restrictions over the right of freedom of religion particularly when Muslims renounce the Islamic faith is constitutionally valid. It also intends to highlight the conflict in the laws surrounding the punishment for apostasy in various states in Malaysia. (shrink)

There is consensus that children have questionable decisional capacity and, therefore, in general a parent or a guardian must give permission to enroll a child in a research study. Moreover, freedom from duress and coercion, the cardinal rule in research involving adults, is even more important for children. This principle is embodied prominently in the Nuremberg Code and is embodied in various federal human research protection regulations. In a program named "SATURN", each school in the Oregon public-school system may implement (...) a mandatory drug-testing program for high school student athletes. A prospective study to identify drug use among student-athletes, SATURN is designed both to evaluate the influence of random drug testing and to validate the survey data through identification of individuals who do not report drug use. The enrollment of students in the drug-testing study is a requirement for playing a school sport. In addition to the coercive nature of this study design, there were ethically questionable practices in recruitment, informed consent, and confidentiality. This article concerns the question of whether research can be conducted with high school students in conjunction with a mandatory drug-testing program, while adhering to prevailing ethical standards regarding human-subjects research and specifically the participation of children in research. (shrink)

A broad consensus affirms the concept that all human beings have equal moral worth (Beauchamp and Childress 1994; Rawls 1971). Translating this ethical norm into practice requires careful attention...

Victor Tadros claims that punishment must be justified either instrumentally or on the grounds that deserved punishment is intrinisically good. However, if we have deontic reasons to punish wrongdoers then these reasons could justify punishment non-instrumentally. Morever, even if the punishment of wrongdoers is intrinsically good this fact cannot contribute to the justication of punishment because goodness is not a reason-giving property. It follows that retributivism is both true and important only if we have deontic reasons to punish. Tadros also (...) claims that the constitutive aim of punishment is to inflict harm or suffering on offenders. On the contrary, the constitutive aim of retributive punishment is to inflict wrongs on offenders that are proportionate to the wrongs they commit. Indeed, punishment should involve the least harmful wrong that is proportionate to the wrongfulness of the offense, adequate to facilitate recognition, and conducive to deterrence. (shrink)