Fundamental Doctrines Research Articles

THE POLITICS OF A LOCAL SUFISM IN CONTEMPORARY INDONESIA

This article discusses the politics of local Sufi group (tarekat) in Indonesia, the Shiddiqiyyah. It addresses the locality of Shiddiqiyah tarekat and its politics during New Order Indonesia and following the fall of the regime. It is argued that the Shiddiqiyah, a local tarekat with its roots in East Java and later successfully welcomes national reputation, is an example of a tarekat that utilizes nationalistic slogan to expand its influence as well as to protect the tarekat from heretic accusation. Through a series of intensive fieldwork, the article argues that the Shiddiqiyyah has successfully maintained ideological patronage to the New Order Indonesia through nationalistic slogan which has been a core value of the group. The doctrine of nationalism has been translated in Sufi and Javanese idioms and become fundamental doctrine of the Shiddiqiyyah.

New Paradigm, Equations, Algorithm, and Computer software of Mass‐action Law Based Biodynamics, Pharmacodynamics and Bioinformatics (MAL‐BD/PD/BI) for Econo‐Green Biomedical R&D and Regulatory Guidance

The prevailing divergent, empirical biomedical R&D heavily rely on statistics for variation, probability, correlation, and significance that may lead to inefficiency or high cost-effectiveness. An alternative precision/quantitative approach with Nature's biochemical, biophysical and bio-mathematical principle, leads to the unified fundamental Doctrine of the Median (DoM), that serves as the as the largest common denominator to simplify biomedical complexity and diversity. Instead of using many data points to fit the empirical curves or models, we can reversely, using only few dose data-points to fit DoM, with MAL equations, algorithms and auto-computer simulations of diagnostic plots using CompuSyn software, to achieve quantitative, automated, digitalized or indexed conclusions, in vitro, in animals and in clinical trials. Thus, experimental observations-first priority has become MAL theory-first compliance endeavor. From MAL to DoM to MAL-BD/PD/BI, took over 17 years to complete that involve the derivation of over 300 bio-reaction rate equations via the un-precedent pattern analysis, combinatory analysis and mathematical induction-and-deduction. MAL-BD/PD/BI reveals three main paradigms: (1) The Median-effect equation (MEE) as the unified theory that indicates i. Dose and Effect are interchangeable, ii. Median dose (Dm) is the universal reference point and dynamic-order common link, iii. Ki can never greater than IC50, iv. Dose-effect curves (DEC) can be linearized into straight lines, with slope (m) and x-intercept (log Dm) of the Median-effect plot (MEP), and v. The DEC can be generated via MEP with a minimum of only two data points (the MTDP theory) by computer simulation, where the 3rd point is dose-zero, and the 4th point is the universal Dm point. Thus, for data-points availability, 2 becomes 4, 3 becomes 5, and 4 becomes 6. This is a breakthrough for in vivo study/trials. (2) The Combination Index equation (CIE) where CI<1, =1, and >1 indicates, synergism, additive effect, and antagonism, respectively. (3) The Dose reduction index equation (DRIE), where DRI>1, =1, and <1, indicate favorable, no dose-reduction, and unfavorable dose-reduction, respectively, in drug combinations. The diagnostic plots provide needed BI. The terms of DoM, MEE and CIE are all dimensionless ratios, these indicating that the theory is independent to drug's physical entities (chemicals, biologicals, natural products, radiation, temperature, oxygen-tension, and pH, etc), units (ug, nM, mg/ml, mg/kg, IU, Rad, multiple of infections, etc) or mechanisms of actions (competitive, noncompetitive, uncompetitive, sequential, ordered, ping-pong, and random mechanisms). As of Jan 1, 2021, the article introduced MAL-BD/PD/BI algorithms (Chou TC, Pharmacol. Rev. 58:621-681, 2006) received 3,813 citations in 1,030 biomedical journals. In addition, the article introducing the CI algorithm and computer software (Chou TC and Talalay P. Adv. Enz. Regul. 22:27-55, 1984) received 6,937 citations in 1,338 biomedical journals globally. These confirmed the board applications to nearly all disciplines of biomedical R&D.

The Explainability of Experience: Realism and Subjectivity in Spinoza's Theory of the Human Mind

<i>The Explainability of Experience: Realism and Subjectivity in Spinoza's Theory of the Human Mind</i>

The Investment Treaty Implications of COVID-19 Responses by States

By analysing COVID-19 measures taken by States in eleven jurisdictions – whilst considering a range of international investment agreements (IIAs) including ‘old-school’ European BITs, North American style treaties, and Asian investment treaties – the authors examine to what extent COVID-19 measures could potentially result in investment treaty claims. This study presents these implications through a balanced overview of treaty-based grounds and justifications, which are built upon classical investment protections and fundamental doctrines. When State measures are examined in terms of aim, effect, duration, and scope, a typology emerges that not only classifies, but also reveals similar patterns crystallising across varied jurisdictions – despite a decentralised and disparate approach taken by States. The comparative analysis of generational differences between IIAs determines the probability of successfully invoking claims, whilst simultaneously assessing the risks for States seeking to rely upon treaty-based justifications. Thus, when read by States, this legal analysis amounts to a risk assessment, and when read by foreign investors, serves as a guide on recourse. The authors conclude that States should include ‘pandemic-proof’ provisions in prospective IIA negotiations, and thus, potentially ushering a dawn of new ‘pandemic-proof IIAs’.

Rebuilding Platform Antitrust: Moving on from Ohio v. American Express

Now that the immediate fallout from Amex has cooled, this Article aims to give a first draft of its place in antitrust history and to offer a roadmap for the next stage of the evolution of platform antitrust analysis. We focus on several issues that have not been fully analyzed in the literature. First, we argue that the Court should have permitted multi-market balancing of effects across the separate markets in which the platform was active, thereby preserving the fundamental doctrine that relevant markets must be defined on the basis of demand substitution. Second, we propose standards to implement such balancing in a principled manner and explain how these standards could have been applied to the facts in Amex. Third, we highlight three significant omissions in the Court's analysis that confounded its assessment of the case and threaten to mislead future courts. In particular, we show that the Court failed to take into account that: (i) all three major card networks had parallel anti-steering rules during the period of alleged anticompetitive conduct and harm, which increased the anticompetitive harms by increasing the incentives for fee increases for each network, reducing the incentives for fee decreases by each network, and leading the Amex restraints to harm holders of other cards as well as non-cardholders; (ii) higher merchant fees caused by these parallel antisteering rules placed consumers into a prisoner’s dilemma game, which led inevitably to increased use of credit cards above the efficient, competitive level, making the volume of card transactions a poor proxy for welfare effects; and (iii) American Express’ strategy of promising merchants access to its relatively wealthy cardholders in exchange for a high access fee shared key properties of a buyer cartel, thereby suggesting that at least some of the cardholder benefits might have been characterized as cartel rents. Finally, we suggest several options for the courts and Congress to remedy the problems caused by the Court’s faulty analysis.

The Making of an Esoteric Deity: Sannō Discourse in the Keiran shūyōshū

This study explores depictions of Sannō in the Keiran shūyōshū, a collection of orally transmitted teachings on Mt. Hiei compiled in the early fourteenth century. Originally a conglomeration of protective kami, Sannō rose in prominence to become the primary deity of the mountain and, by extension, the divine representation of the Tendai teachings. Based on the medieval hermeneutic of source-trace, Sannō was posited as the embodiment of Tendai esoteric doctrine. This article demonstrates that the Sannō deity of Mt. Hiei, as constructed in the Keiran, represents a concerted effort among Tendai scholastics in medieval Japan to specify an orthodox esoteric Buddhist tradition by associating the fundamental doctrines of their school and consolidating competing interpretations into the guise of a singular deity.

Toxic Leadership and Organisational Silence: An Appraisal of Selected Faith-Based Organisations in Ogun State, Nigeria

This study examined the effect of toxic leadership on organisational silence in selected faith-based organisations in Ogun State, Nigeria. It debates that securing endurable paths to organisation success requires keen attention to the menace of organisational silence, and this does not leave out organisations that base their business operations on certain fundamental doctrines, corporate practices, or religious believes. Survey research design was adopted. The population of the study was seven hundred and seventy-five (775) staff drawn from the selected faith-based organisations in Ogun State, Nigeria. The study adopted multi-stage sampling technique. Structured questionnaire was adapted, validated and used for data collection. Cronbach’s Alpha Reliability Analysis ranged 0.704 to 0.775. Descriptive and inferential statistics were used for data analysis. Findings revealed that Toxic leadership had significant effect on Organisational silence (Adj. R 2 = 0.475; F (4, 361) = 83.60, p <0.05). This revealed that organisational silence exists as a result of toxic leadership, and to this end, employers and managers are expected to take every affordable step to weaken the weight of organisational silence by deploying quality leadership that encourages cross fertilization of ideas, creativity, ingenuousness and knowledge extension among employers, managers and employees. Keywords: Toxic leadership, Organisational silence, Corporate practices, Organisational communication, Ogun State, Nigeria. DOI: 10.7176/JRDM/67-05 Publication date: July 31 st 2020

Executive Powers within the International Trading System – A Comparative Analysis of EU, Swiss, U.S. and Canadian Frameworks

Varying approaches to structuring executive powers with respect to unilateral trade measures within various legal systems predominantly determine the status and development of international trade policies. By analyzing the related frameworks of the European Union, Switzerland, the United States and Canada, this paper not only elucidates procedural and institutional differences, but also examines to what extent the respective major trading players adhere to the fundamental doctrine of separation of powers. An overall analysis reveals a significant misbalance on part of the United States which proves to be a relevant factor explaining some of the current turbulences of the world trading system. Executive powers, separation of powers, judicialreview, unilateral trade measures, economic sanctions, European Union, Switzerland, United States, comparativean alysis

Capacity to Become Party of Unregistered (Ordinary) Partnerships: A Comparative Study of German, Swiss and Turkish Law

Unregistered (ordinary) partnerships do not have legal status under Turkish law. That’s why these partnerships are not entitled to undoubtedly have the capacity to be a party at court; however, there are some developments in Germany related to the legal capacity of unregistered partnerships. According to the German Supreme Court, these partnerships are able to have rights and obligations, and these partnerships can be parties at courts. It means that they can implement the action of suing another party, or in turn be brought an action against. In this article, the question needs to be answered if it is at all possible to accept the decision of the German Supreme Court in Turkey or not. To typically acquire elucidation to this question, Turkish and German doctrine and court decisions compared and the reasons for the Court’s decision are assessed. Furthermore, fundamental doctrine, as well as court decisions in Switzerland, is analyzed to decide Turkish Law. At the ultimate end of this informative article, a new model is conclusively suggested for Turkey.

Medical Ethics in Extreme and Austere Environments

American society has a history of turning to physicians during times of extreme need, from plagues in the past to recent outbreaks of communicable diseases. This public instinct comes from a deep seated trust in physician duty that has been earned over the centuries through dedicated and selfless care, often in the face of personal risks. As dangers facing our communities include terroristic events physicians must be adequately prepared to respond, both medically and ethically. While the ethical principles that govern physician behavior—beneficence, nonmaleficence, autonomy, and social justice—are unchanging, fundamental doctrines must change with the new risks inherent to terroristic events. Responding to mass casualty disasters caused by terrorists, natural calamities, and combat continue to be challenging frontiers in medicine. Preparing physicians to deal with the consequences of a terroristic disease must include understanding the ethical challenges that can occur.

Foi et doctrines chez les croyants des hérétiques

The hope of salvation, a dominant preoccupation of the Cathar believers, seems to leave little place for heretical theses. Many of the depositions made before the Inquisition show them ignorant of the most fundamental doctrines. One must take care in drawing radical conclusions, because it only takes one simple believer to have a serious knowledge of heresy to invalidate this opinion. In the middle of the XIIIth century, the dossier compiled against Pierre Garcias du Bourget Nau is a brilliant proof of this. He often deploys a subtle argument to give the texts from Scripture a meaning consistent with his convictions. All these propositions find precise echoes in the Traité cathare anonyme, in the Summa quadripartite of Alain de Lille, and equally in the treatise of Moneta of Cremona. A simple believer, he is probably of oral culture, and his knowledge comes from long frequenting of heretical circles. He gives the name of those he holds responsible for his education, which leads one to believe that, as a believer who has a good knowledge of heresy, he is not alone.

The Fundamental doctrine of the criminalistics study of computer tools and systems as part of the theory of information and computer support for criminalistics activities

The development of digitalization constantly generates new forms of crime, changes in the mechanisms of how they are committed, and concealment. The problem of combating such crimes is transnational in nature. This article considers the difficulties of creating the criminalistics study of computer tools and systems doctrine as part of the theory of information and computer support of criminalistics activities. The authors’ negative stance on the issue is indicated as well as the addition of definitions to the name of criminalistics that are related to the emergence of new objects of expertise: “electronic criminalistics”, “linguistic criminalistics”, “digital criminalistics”, and others. The unity of criminalistics as a science having its own subject, system, tasks, and objects is declared. The article substantiates the subject of the theory of criminalistics research of computer tools and systems as a system for gathering significant computer information on the basis of the knowledge of which technical and criminalistics methods, tools, techniques, and methods for identifying, fixing, and seizing evidence and orienting criminalistics information about computer tools are developed. In addition, the theory is based on systems in legal proceedings in criminal, civil, and administrative cases. The objects of this theory are computer tools and systems as well as the search and criminalistics evidence of information contained in them. Based on the doctrine of the criminalistics investigation of computer tools and systems, the foundations of a new area of criminalistics techniques and technology, as a system of scientific principles, are provided. This area centers around recommendations, tools, techniques, and methods designed to collect and study information about computer tools and systems. Digital footprints and the processes of their occurrence, transmission, and transformation in order to obtain evidence in legal proceedings, disclosure, and prevention of crimes, are included.

ПРАВО ЛЮДСЬКОЇ ГІДНОСТІ КРІЗЬ ПРИЗМУ НІМЕЦЬКОЇ ПРАВОВОЇ ДОКТРИНИ

The article studies the right to human dignity through the prism of German legal doctrine. During the research, a wide range of general scientific and special legal methods of scientific cognition has been used, in particular: methods of dialectical logic, comparative legal and system-structural methods. The paper analyses domestic and German legal resources on the right to human dignity, in particular the works of S. von Puffendorf, I. Kant and G. Durig. As a result of the study, the author states that the German legal opinion formed the fundamental doctrine of the right to human dignity. This doctrine began in Germany, back in the Renaissance. For the first time, it was systematized in the works of a German researcher S. von Puffendorf. The article illustrates that human dignity is revealed in the German doctrine of fundamental human rights through a number of characteristics. The right to human dignity is the foundation of social value and respect for human beings. It prohibits the conversion of a person to an object in state procedures. Human dignity is not only the individual dignity, but also the dignity of a person as a species. Everyone possesses it regardless of its characteristics, achievements and social status. It also belongs to someone who cannot act reasonably because of his or her physical or mental state. They do not lose their human dignity even through "unworthy" behaviour, for example, by committing any crime. No one can be deprived of human dignity. Attention is drawn to the fact that German law does not intentionally give a definitive definition of the right to human dignity. It merely defines a comprehensive list of requirements for the protection of this fundamental human right. The reason for this is that any definition cannot guarantee the absolute protection of this human right. In other words, such a normative definition of this human right will inevitably lead to such a situation where it cannot protect the human dignity of an individual or even be the legal basis for its restriction. In this part, the German approach to the definition of the right to human dignity differs significantly from the domestic approach, since for the national science and practice of lawmaking it is quite logical to take a different approach, in particular to formulate clear and comprehensive definitions of legally significant phenomena and categories. It has been established that, according to the German doctrine of fundamental human rights, human dignity must be protected in any way within any relationship. It was found that the German Nazis had a negative influence on the German doctrine of the human dignity. This is due to the fact that the protection of human dignity was not built around what was allowed to be done, but about what was forbidden under any circumstances. Keywords: human dignity, a fundamental human right, a human rights doctrine, a state, legislation.

Combination of Confucianism and Legalism as the basis of Сhina’s socio-economic development

This article analyses the interaction and combination of the fundamental doctrines of Chinese civilization – Confucianism and Legalism. Their role and importance in the process of China’s economic and social development are studied.

Хрисипп из Сол

Chrysippus of Soli (c. 280/77–208/5 BC) was a most multilateral stoic philosopher; he earned the title of Second Founder of Stoa. A prolific writer (he has written much more than any other stoic philosopher, but none of his works have survived except as fragments), Chrysippus expanded the fundamental doctrines of Zeno of Citium, the founder of the school. Chrysippus excelled in logic, the theory of knowledge, physics and ethics. He created an original system of propositional logic in order to better understand the causal interrelations of events in the universe. He adhered to a deterministic view of fate, but nevertheless sought a role for personal freedom in thought and action. Ethics, he thought, depended on understanding the nature of the universe, and he taught a therapy of extirpating the passions which depress the soul. He initiated the success of Stoicism as one of the most influential philosophical movements in the Greek and Roman world.

The Paradox Of Interaction: "Unique" As Comprehensive (Transcendental Approach)

The paradox of the interaction of "unique", "universal" and "comprehensive" through the use of classical postulates of fundamental as well as philosophical and theological knowledge was examined in accordance with the aim of the study. The ideal interaction models were conceptualized, following the key task. It was confirmed a possibility of distinguishing the basic provisions in fundamental sciences: recognizing the reality of the existence of the world, patterns of its structure and the idea that the world can be cognizable by man. Within the key postulate in philosophy of “man – society – universe” interaction the categories of “man”, “society”, and “universe” were considered as ideal holistic constructions-singularities. Theological postulates were presented in the form of sacred texts reflected in the Revelation texts about the Comprehensive Logos; in the fundamental doctrine of the All-Powerful, Wise and All-Loving God, of His true essence and good deeds. The transcendental method was used to introduce a priori transcendental concepts – "unique", "comprehensive", "universal" which are a prerequisite for resolving the unique and universal interconditionality paradox, as well as their self-transcendence. In conclusion it was underlined that the points of view of a man as unique and divine as comprehensive and universal coincide precisely in the process of constructing the being of the social reality. That is, what a person does and creates is a predestination of the Comprehensive Logos.

Quantum theory of atoms in molecules in condensed charge density space

By leveraging the fundamental doctrine of the quantum theory of atoms in molecules — the partitioning of the electron charge density (ρ) into regions bounded by surfaces of zero flux — we map the gradient field of ρ onto a two-dimensional space called the gradient bundle condensed charge density ([Formula: see text]). The topology of [Formula: see text] appears to correlate with regions of chemical significance in ρ. The bond wedge is defined as the image in ρ of the basin of attraction in [Formula: see text], analogous to the Bader atom, which is the basin of attraction in ρ. A bond bundle is defined as the union of bond wedges that share interatomic surfaces. We show that maxima in [Formula: see text] typically map to bond paths in ρ, though this is not necessarily always true. This observation addresses many of the concerns regarding the chemical significance of bond critical points and bond paths in the quantum theory of atoms in molecules.

The Real Standard Picture, and How Facts Make It Law: a Response to Mark Greenberg

Abstract Mark Greenberg has attempted to refute what he regards as a popular metaphysical thesis about how law is constituted. He calls it the “Standard Picture,” and it includes a “Communication Theory.” His own “Moral Impact Theory” of law is built partly on that attempted refutation. I defend positions that are very close to the Standard Picture and Communication Theory, albeit different in important respects. In particular, they are not primarily metaphysical theses, although they have metaphysical implications. They are actual fundamental doctrines of constitutional law in Anglo-American legal systems, which I call Legislative Supremacy and Legislative Intention. I argue that: (a) these doctrines, and their metaphysical implications, vindicate much of the Standard Picture, and explain why so many theorists have been attracted to it; (b) the doctrines are inconsistent with Greenberg’s Moral Impact Theory; and (c) the best theory of what makes them part of the law is legal positivism: in other words, facts about legal practices make them law. In arguing for (a) and (b), I examine in detail and respond to Greenberg’s account of the legal principles and practice of statutory interpretation. I distinguish between three kinds of interpretation: clarifying, supplementing and rectifying. In arguing for (c), I contend that legal positivism satisfies Greenberg’s (questionable) insistence that any metaphysical account of what constitutes law must satisfy a “rationality requirement.”

Do sacred texts glorifying Allah facilitate Muslims’ trust and trustworthiness? Evidence from field experiments in China

The viewpoint that sacred religious texts related to prosocial values may facilitate prosocial tendencies has many proponents. However, many sacred texts addressing fundamental doctrines are unrelated to prosocial values. In this study, the Muslims participating in the trust game learned texts excerpted from the Quran and the Hadith. These texts focus only on glorifying Allah and are unrelated to prosocial morality. This property of the sample allowed us to examine whether sacred texts of this kind could facilitate Muslims’ trust and trustworthiness. The results revealed that: (1) although the Muslims showed trust and trustworthiness to others, learning sacred texts glorifying Allah had no effect on either of these characteristics; and (2) unconditional kindness and reciprocity could explain trust and trustworthiness, but learning texts of this kind could not facilitate these prosocial tendencies by affecting their function. The results of this study could contribute to a more complete understanding of how sacred texts may affect prosociality.

Theoretical bases of state antimonopoly policy: questions of philosophical and economic doctrines

The article deals with the issues of scientific validity of the state Antimonopoly policy from the standpoint of philosophy and economic theory of competition. The necessity of harmonious use in the formation and implementation of such a policy of values and philosophy of "living" life, fundamental economic doctrines, new trends and ideas of state regulation of the economy, including the use of legal mechanisms.The author proceeds from the fact that the division of labor is the essence of society. Awareness of this fact makes it possible to overcome contradictions in the interests of the individual and society. It is noted that in the modern industrial world digital transformation blurs the boundaries between international, wholesale and retail markets, online and offline trade. Building a business on the basis of digital platforms, intellectual property rights pools, targeted marketing technologies on the one hand, and the transformation of consumer psychology on the other, create fundamentally new conditions for balancing supply and demand. The digital economy creates qualitatively new opportunities for economic development, but should not turn into a "digital hand of the market". States and companies are able to move beyond "data processing" to "reality processing", which poses a potential threat to the fundamental rights and freedoms of citizens.In this regard, the role of scientific validity of the state Antimonopoly policy in the formation and implementation of errors, which can be too expensive for society, is significantly increasing.