Point Of Dispute Research Articles

A Problem as Much of Economic Theory as of Statistical Technique? The Walsh-Edgeworth Debate on Index Numbers, 1921–25

Abstract Correa Moylan Walsh (1862–1936) was a monetary economist of the early twentieth century, mostly remembered for his contributions to the theory of index numbers. Francis Ysidro Edgeworth (1845–1926) was a renowned mathematical economist, remembered as one of the great masters of the discipline. Walsh was an adamant defender of a deterministic, test approach to the theory of index numbers, whereas Edgeworth favored probabilistic approaches and thought index-number theorists should not close themselves to alternative methods. Holding contrasting views about the making of index numbers, they engaged in a fierce debate in the first half of the 1920s—a period marked by several quarrels on the subject. The main points in dispute between Walsh and Edgeworth were the existence of an ideal formula for index numbers and the use of probability in the measurement of price variations. The goal of this article is to explore this debate and its underpinnings. It is argued that the main points of contention between them relate to their conflicting perspectives on the nature of index numbers.

THERE IS NO SUCH THING AS THE SEPARABILITY THESIS

Abstract One commendable aspect of the ruminations by H.L.A Hart on legal positivism, which quite a few contemporary philosophers of law have not fully absorbed, is that he recognised the diversity of the points of contention that have pitted the devotees of positivism against the devotees of natural-law theories. Whereas some present-day philosophers of law are inclined to refer to “the separability thesis” of legal positivism – with the definite article “the” as a signal that there is one defining point of dispute between legal positivists and their opponents – Hart knew that there is no single such thesis. Natural-law theorists have in fact postulated numerous connections between law and morality which putatively clinch the character of law as an inherently moral phenomenon, and legal positivists have posed challenges to each of those connections or to the claim that any unchallenged connection serves to establish the inherently moral character of law.

浅析WTO 对《美国对进口晶体硅光伏产品的保障措施》的裁决

This article focuses on the safeguards measure case of “China vs. U.S. Crystalline Silicon Photovoltaic Products” and deeply explores the relevant issues related to safeguard measures in international trade remedies involved in this case. Research on this issue will help China better understand responding to related trade frictions in international trade has enabled China to change its passive position into an active position in dealing with such issues. This article explains the safeguard measure case of “China vs. United States Crystalline Silicon Photovoltaic Products” and then introduces the rules of the WTO safeguard measure system. It then analyzes the five focus points of dispute, focusing on the expert group’s analysis of the causal relationship in this case. Identify the situation, and finally discuss China’s response to such situations.

Pistis and Apodeixis: On the Disputed Interpretation of Aristotle, Rhetoric 1.1, 1355a5-6

Abstract ‘We are convinced most of all whenever we take something to have been demonstrated’ (1355a5-6). The meaning and significance of this claim is a key point of dispute between those who take Aristotle’s project in the Rhetoric to be defending his distinctively argument-centred kind of rhetoric on the grounds that it is most persuasively effective, and those for whom he does so on the more normatively-charged grounds that this is the most valuable kind of rhetoric, and best delivers rhetoric’s distinctive benefits to civic communities. On the interpretation defended, the claim links being convinced (πιστεύειν) and the things that get us convinced (πίστεις) to the kind of epistemic merits possessed above all by demonstrations. This saves Aristotle from an implausible generalisation about the persuasive supremacy of deductive arguments. Since πίστεις are clearly central to Aristotelian rhetoric, this interpretation also lends support to the more normative understanding of Aristotle’s project overall.

Готские надписи из Мангупской базилики

This article supports the discovery of Gothic graffiti on the cornice fragments from the basilica church at Mangup, which was discovered by M. A. Tikhanova in 1938 and, later on, in the 2010s, studied by A. Yu. Vinogradov and M. I. Korobov. Generally, the analysis of the said inscriptions allows the one both to agree with the reading suggested and to address a few disputable points. The comparison has shown the differences between the graphic forms of the first multi-line inscription and the three more inscriptions.

Does causation entail emptiness? On a point of dispute between Abhidharma and Madhyamaka

Does causation entail emptiness? On a point of dispute between Abhidharma and Madhyamaka

A Set of Dead-End and Development in the South China Sea: A 2-Level Game Analysis of the Philippines-China Arbitration Case

Being the heart of the Indo-Pacific, Southeast Asia has seen numerous regional disputes over the years. One of which has remained a vocal point of dispute between the states in and outside the region, that is the South China Sea dispute. An interesting point of development in the South China Sea dispute can be pointed to the China-Philippines arbitration case. Such is the case as China, despite having its action in the waterway deemed illegal, simply brushed it off and remains insistant on its claim. Through incorporating the qualitative research method and relevant concepts like the 2 level game theory, the article seeks to explain why China made that decision. Along with that, the article also seeks to posit some regional implications that states in the region should take note of. In understanding the first issue, the 2 level game theory fits the bill as it allows the writers to learn the forces behind China’s eventual foreign policy decision. Here, China’s national interest along with its realization over its power standing plays a big part in the eventual outcome. For the latter, should China’s assertiveness be left with no proper response, it may endanger the region’s growth and stability. Not only that, it would also bring into the stage another global power like the US that would again take the spotlight from ASEAN and its member states. Against such consequences, it is important for ASEAN member states, both claimant and non-claimant, to align their view and approach towards the region’s perennial issue.

Global Inequality and the EU International Law Position on Cross-Border Data Flows

Abstract Relevant data resources are critical for ai-supported decision-making. Thus, control over data, and how that moves across borders, has become a key point of international dispute. This article analyses the EU’s international legal positionings regarding cross-border data flows in the context of an increasingly fierce global battle over data resources. It also asks whether the EU approach to data government, which is reflected in its international positionings, can contribute to address the pressing problem of the unequal distribution of the gains of the data driven economy in and among states. The article argues that EU’s approach to data government is ridden with contradictions and that its centrepiece, the data protection framework, is best understood as a non-performative. This non-performativity, together with the determination to climb up the ladders of global digital value chains, makes the EU’s position on cross-border data flows ambiguous and downgrades its punch in international negotiations.

On the „Points of Dispute” („Kathāvatthu”) Study: Research Approaches

The article aims to highlight the particular properties of the Buddhist text “Points of Dispute” (“Kathāvatthu”). It also aims to demonstrate how these properties explain the choice of research methods applied by different authors. So far this text is virtually unknown to many scholars in Russia. It has also not been the subject of a thorough analysis by international specialists on Buddhist philosophy. The article draws from contemporary research written in English.The study of “Kathāvatthu” by the present Author contributed to the broadening of the research scope. The particular textual issues allow the Author to ask more questions. One of these questions refers to the methods as applied to the study of the texts from the third "basket" (collection) of the Pāli canon. (These texts tend to be extremely concise.) Further on, the Author deals with the issue of correct attributing and dating this text as well as identification of the genre of this text. To achieve this one chooses the approaches as follows. The linguistic approach (K. Norman, B. Law, O. Hinuber, Webb) and the historical and philosophical approach (S. Z. Aung, C. Rhys-Davids, Bhattacharyya, A. Barrua, etc.).

Problematic aspects of the classification of bakery products for customs purposes

This article discusses the problematic aspects of the classification of bakery products in foreign trade activities based on the analysis of judicial practice materials and suggests ways to solve them. Disputable points arise between the participants in foreign economic activity and the customs authorities due to the incorrectly chosen classification code of the goods in accordance with the Commodity Nomenclature of Foreign Economic Activity of the Eurasian Economic Union.

Facts and fiction in oil market modeling

A series of recent studies has called into question the validity of traditional VAR models of the global market for crude oil. These studies seek to replace existing oil market models by structural VAR models of their own based on different data, different identifying assumptions, and a different econometric approach. Their main aim has been to revise the consensus in the literature that oil demand shocks are a more important determinant of oil price fluctuations than oil supply shocks. The purpose of this paper is to discuss the main differences between these competing approaches and to highlight the key points in dispute, including the way the priors are specified, the nature of the priors about the one-month price elasticity of oil supply, the pros and cons of alternative methods of econometric inference, the measurement of global crude oil inventories, oil consumption growth and global real activity, and the replicability of the results in Kilian and Murphy (2014). I make the case that the concerns regarding the existing VAR oil market literature have been overstated and that the results from these models are quite robust to changes in the model specification.

Organizational de-structuring? Latour’s potential contribution to the critical realist – pragmatist dispute

ABSTRACT This article explores a key difference that Elder-Vass has identified between critical realism and pragmatism: their divergent views on the viability of the concept of social structure. Noting that this is also a point of dispute between critical realists and Actor-Network Theorists, I try to contribute to the debate about social structure by focusing on the question of whether organizations are structures, drawing on the views of a pragmatist-leaning ANT - Bruno Latour - to evaluate those of a critical realist - Dave Elder-Vass. I suggest that Latour's arguments can be used to identify two challenges for Elder-Vass's approach, questioning both whether an organization has a singular structural form and whether organizations have determinable powers and impacts. I then consider whether Latour's approach is vulnerable to critical realist arguments that perspectives which deny the existence of social structure cannot account for long-term stabilities, fail to connect different cases, and are individualistic in character.

„Hladni rat“ oko Djeda Mraza / “Cold war“ over Santa Claus

This paper analyses possibilities for culture and policy of holiday celebration in public educational institutions in Bosnia and Herzegovina, which would not erase individual identities’ of children and would allow for respect and acceptance of diversities. In recent years the presence of “Djed Mraz” (“Santa Claus”) at children’s celebrations in day care centers and schools in Bosnia and Herzegovina has provoked heated discussion mostly related to the religious, secular, atheist or some other symbolism of this character. The case study analyses New Year’s celebration in public daycare institutions “Djeca Sarajeva” (“Children of Sarajevo”). The paper will present the historical development of the character and will offer a case study in order to highlight the main points of dispute and offer potential recommendations and solutions. The underlying idea behind the analysis is that all stakeholders in the educational process need to seriously approach this sensitive issue of religion and beliefs of parents and their children, and at the same time cherish the common national, Bosnian and Herzegovinian identity of their citizens and their individual, particular religious and cultural identities as well.

Towards Fair Pricing of Medicines?

Excessive pharmaceutical pricing cases in EU have progressed from a theoretical possibility to becoming a recurrent enforcement reality, following heightened law and policy attention on affordability of medicines. This matter gained considerable momentum in the wake of COVID-19 crisis as result of the increased health spending, with debates on affordability raging at WTO and WIPO levels. Unfair pricing in European competition law under Article 102a TFEU denote prices set by a dominant undertaking, capable of affecting trade between member states or in a substantial part of the Union, which do not have a reasonable relationship with their ‘economic value. The main points of dispute in previous jurisprudence and doctrine have concerned the definition of ‘reasonable’ and ‘economic value’ and the calculation of ‘excessiveness’ and ‘unfairness’, as per the seminal assessment test developed by the CJEU in its United Brands case. Although previously described as a ‘rarity’ in competition law, such excessive pricing cases can now be found in Italy, UK, Denmark and Netherlands but also on the DG Competition level. The investigation into Aspen's pricing practices by the European Commission, ending in a commitment decision whereby Aspen reduced prices by 73%, represents a historic case, capable of providing some guidance in this area of law and policy, seen against the doctrinal adversity to the prohibition. As intellectual property law and competition law, on the one hand, and policy issues related to Right-to-Health, affordable healthcare and pharmaceutical innovation on the other hand, interact to a high degree in this context, there is room for reflection on the role of competition law related to fair pricing of medicines. Following the introduction, the article will briefly recount the legal framework in European competition law related to excessive pricing. The third section will elevate the law and economics arguments related to excessive pharmaceutical pricing . The fourth section will detail the recent excessive pricing cases in the pharmaceutical sector. The fifth section will depict the assessment and decision by European Commission in the Aspen case. The sixth section analyses the Commission decision regarding definition of relevant market, dominance, thresholds and benchmarking and other unresolved issues relating to such enforcement. The seventh section concludes.

Indian Perspectives on Consciousness, Language and Self: The School of Recognition on Linguistics and Philosophy of Mind by Marco Ferrante

Reviewed by: Indian Perspectives on Consciousness, Language and Self: The School of Recognition on Linguistics and Philosophy of Mind by Marco Ferrante Mrinal Kaul (bio) Indian Perspectives on Consciousness, Language and Self: The School of Recognition on Linguistics and Philosophy of Mind. By Marco Ferrante. Oxfordshire: Routledge, 2021. Pp. vii + 156. Paperback £33.29, ISBN 978-1-003-05853-3. Indian Perspectives on Consciousness, Language and Self by Marco Ferrante explores theories of consciousness by examining the non-dual philosophy of Recognition mainly represented by the two philosophers Utpaladeva (c. 925-975 CE) and Abhinavagupta (c. 975-1025 CE), and also carefully concludes that the trajectory of their ideas have compelling influence from Bhartṛhari (c. 460-510 CE) and his commentator Helārāja (c. 980 CE). No philosophy ever evolves and develops in a void. No philosophical tradition or theory functions in oblivion. In the history of philosophy in South Asia, this is also true of the traditions that have staunchly stood up and rigorously argued for the ubiquity of consciousness. The dynamism of these traditions is represented by philosophers of language like Bhartṛhari and further continued by Buddhist philosophers like Vasubandhu (4th-5th CE), Dignāga (c. 480-540 C.E.), Dharmakīrti (c. 6th-7th CE), Śāntarakṣita (8th CE), Kamalaśīla (8th CE), and others, and then followed by non-dualist Vedāntins like Śaṅkara (8th-9th CE) and further developed by Śaivas like Utpaladeva and Abhinavagupta. The book clearly demonstrates the author's understanding of the original texts he is using and the philosophical purport that they exhibit. And it must be added that he has begun a significantly careful discourse in detail not only about the importance of Bhartṛhari, whom we have shamelessly ignored for too long, but also how he has played a significant role in the evolution of later philosophical systems in South Asia. This has been remarkably achieved by not only identifying the relevant portions in Utpaladeva and Abhinavagupta, on the one hand, but also locating the relevant portions of the texts and presenting the corresponding theses of the interlocutors like Bhartṛhari and Helārāja on another, while also presenting their translations in the appendix of the book. The book should be lauded for these reasons alone. The first chapter of the book maps a historical context of the tradition known as Pratyabhijñā ("Recognition") and highlights the significance not only [End Page 1] of Bhartṛhari but also of Buddhist Pramāṇavāda (roughly, the tradition of "epistemology") in the philosophical evolution of the Pratyabhijñā. The second chapter is an excellent summary of the background of the Buddhist doctrine of non-self from the early Buddhist sources and from Mark Siderits (2007), contextualizing the problem vis-à-vis Pratyabhijñā, though a deeper engagement with Pramāṇavāda would have been desirable. The third chapter begins evaluating the core issue of self-awareness (svasaṃvedana) as a moot philosophical problem between the Buddhists and the Śaivas, one in which memory is a fundamental point of dispute. This chapter also introduces Dignāga and Dharmakīrti. Towards the conclusion, however, I am not sure what exactly Ferrante means by "private" when he says "Utpaladeva and Abhinavagupta were explicitly saying that consciousness has a purely private, phenomenal dimension" (p. 82). (Also see pp. 7, 30, 42, 43, 46, 84.) For them, consciousness is subjective, phenomenal, but universal and not "private." The fourth chapter evaluates self-awareness (svasaṃvedana) with respect to Śāntarakṣita and Kamalaśīla on the basis of Paul Williams (1998) and further moves on to contextualize the problem for Bhartṛhari and Pratyabhijñā. The fifth chapter is the core of the book, investigating the linguistic nature of consciousness according to Bhartṛhari and the Pratyabhijñā appropriation thereof. In the relatively shorter chapter six, by comparing qualia with camatkāra (a difficultto-translate term literally meaning 'wonderment') and camatkāra with vimarśa, Ferrante explains "how the belief in qualia (camatkāra) can coexist with a higher-order theory of consciousness (vimarśa)" (p. 87). The final, seventh, chapter moves towards making general comparisons and contrasts, arguing that "Utpaladeva's philosophy is best understood as a form...

The Microstructure of γ-Alumina

Though γ-Al2O3 has played a central role in heterogeneous catalysis for more than two centuries, its microstructure continues to be debated. Specifically, the positions of Al3+ cations within the crystal lattice have been discussed extensively in the literature. Many authors uphold that the cations primarily occupy spinel sites, while others endorse the occupation of non-spinel sites. The other main point of dispute is whether the structure contains interstitial hydrogen, with some authors supporting a partially hydrated model and others claiming that the structure must be completely dehydrated. The use of different structural models directly affects the predicted geometry of γ-Al2O3 at the surface, which in turn has significant implications for its catalytic utility. A comparison of theoretical data to experimental infrared (IR), X-ray diffraction (XRD), and selected area electron diffraction (SAED) evidence suggests that γ-Al2O3 features cations primarily in spinel positions, while IR and nuclear magnetic resonance (NMR) data indicate that interstitial hydrogen is present within the bulk structure.

THE IMPACT OF THE ELECTRICAL INSTALLATION REGULATIONS, 2009, ON THE SALE AND LEASE OF IMMOVABLE PROPERTY

The Electrical Installation Regulations, 2009, made by the Minister of Labour in terms of section 43 of the Occupational Health and Safety Act 85 of 1993 constitute yet another attempt on the part of the South African authorities to regulate the installation and use of electrical installations in buildings. The Regulations, published in terms of R 242 in Government Gazette 31975 of 6 March 2009,supersede the Electrical Installation Regulations, 1992, made by the Minister of Manpower in terms of section 35 of the Machinery and Occupational Safety Act 6 of 1983. They came into operation on 1 May 2009, with the exception of regulation 5(6) which took effect on 1 April 2010. The 2009 Regulations, like those they replace, impose certain substantive duties on users, lessors and installers of electrical installations. Of particular importance for property owners and lessors is the responsibility for the electrical installation on a property, and the duty to have a valid certificate of compliance in respect of such installation. The old Regulations did not describe these responsibilities and duties in clear terms, resulting in considerable confusion and uncertainty. Disappointingly, the new Regulationsare only marginally better in this regard. The Department of Labour has published explanatory notes on the Regulations, but they do little more than merely citing each regulation and stating that it is selfexplanatory. The Regulations were preceded by a number of drafts which, reportedly, elicited “acrimonious debate”, even the possibility of litigation involving the Electrical Contractors’Association of South Africa and the Department of Labour. However, the main points of dispute were not so much the impact of the Regulations on the sale and lease of immovable property but revolved around issues affecting the electrical contracting industry and its stakeholders. This note focuses on the requirements to be met in terms of the Electrical Installation Regulations, 2009, in relation to the sale and lease of immovable property, residential premises in particular. To place the discussion in perspective it is firstly necessary to examine briefly the objective and scope of the Regulations, having regard to certain key definitions contained in the Occupational Health and Safety Act and the Regulations. Any word or expression to which a meaning has been assigned in the Act has the samemeaning for the purposes of the Regulations.

Contesting issues between Ethiopia and Sudan over the Gwynn Line: Authorisation and irregularities in the demarcation of the boundary

AbstractAs two old countries in Africa sharing a long stretch of boundary, Ethiopia and Sudan have been acting as strategic partners in maintaining a neighbourhood and regional security complex. Irrespective, the boundary problem has continued for more than a century and is still point of cooperation and dispute between the two countries. This paper examines the roots of the boundary tensions between Ethiopia and Sudan, divergent views between them over the demarcation made by Gwynn in 1903 and 1909, issues of authorisation, and limitations of the boundary line especially from the River Setit in the North to Mount Daglish, Quara. On the Ethiopian side, divergent views emanated from the territories left to the Sudanese side by Gwynn deflecting the line from the east to the west, disregarding terms signed between Menelik II and Harrington in May 1902. Successive regimes in Ethiopia have declined to recognise Gwenn's demarcation, arguing that the demarcation was unilaterally carried out by one side leaving resource‐rich areas to the Sudanese side. On contrary, the Sudanese have contradicting positions and argue for validation of the Gwynn line. Evidence for this study was collected from different state offices; in addition, elders who have been cultivating in the frontier territories for many years were exhaustively interviewed.

Reservations and declarations to tax treaties

The subject of the article.The article represents a research of conceptual properties and issues of applying reservations and declarations to the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting, developed in frames of implementing the OECD/G20 Action Plan on Base Erosion and Profit Shifting (BEPS). The Multilateral Tax Convention modifies the application of agreements for avoiding double taxation, that are covered by its action. Since January 1, 2021 it has been applied to 34 agreements for avoiding double taxation between the Russian Federation and such countries as the UK, Canada, Latvia, Malta, the Netherlands and France. The Multilateral Tax Convention provides for updating bilateral tax treaties – whether they were developed upon the OECD Model Tax Convention or the UN Model Tax convention. The Convention retains a great degree of flexibility in relation to the implementation of its provisions – especially by the means of reservations, made by the countries.The purpose of the articleis to identify the main characteristics of applying reservations and declarations in international tax law.The methodology.The study is based on empirical methods of comparison and description, theoretical methods of formal and dialectical logic.The main results.Reservations have played a minor role in international taxation until now – usually they reflected disagreement, expressed by an OECD member country with the provisions of the OECD Model Tax Convention or its Official commentary. Reservations were formulated in relation to a non-binding (model) document and their importance was limited. Such reservations cannot be associated with declarations, made in relation to legally binding documents like the Multilateral Tax Convention. Analyzing the general points of scientific dispute upon the mentioned range of issues, the author argues with researchers who deem that the structure of reservations to the Multilateral Tax Convention doesn’t correspond with the provisions over reservations in the Vienna Convention on the Law of Treaties, 1969 and thus recognize those reservations as “legal hybrids”.Conclusions.The structure of reservations to the International Tax Convention is deter-mined by the nature of double taxation agreements. The model lawmaking principle (the use of the OECD Model Tax Convention) allowed developing “umbrella” architecture of relationships between the provisions of the Multilateral Tax Convention and the norms of double taxation agreements. The article categorizes types of reservations as reservations of general nature and treaty-specific reservations. The article also considers the specific properties of reservations made in relation to the provisions of the Convention, which com-pose a minimal standard.

ŞAFİÎ MEZHEBİNİN TEMEL KAVRAMLARINDAN “KAVL” VE İLGİLİ ISTILAHLARIN KULLANIMI VE İŞLEVİ

The Shafi’i legal school has gone through various phases. The first of these is the accumulation of fiqh as a result of the changes and developments that Shafi’i sect experienced. This is referred to as “qawl” and forms the basis of the conflicts in the sect. Then comes the period when the views of Shafi’s students and the scholars after them emerge. This constitutes one of the points of dispute in the sect and is the period when the accumulation defined as “wach” is formed. The emergence of the Iraqi and Khorasan sects based on the differences in the transfer of sectarian accumulation as of the fourth century after Hidjra caused the sect to be divided into two different lines. Later, this situation caused some Shafi’i scholars to reduce their differences of opinion, to find and reconcile between them, and thus to begin a process called the royalties. Al-Shafi’i traveled all the science centers of the time and had the opportunity to benefit from the scholars in these areas and get to know various views and understandings from their representatives. Therefore, they had the opportunity to examine, evaluate and criticize them. In this process, it is also natural that Al-Shafi’i is affected by these views to a certain extent. In this context, various evaluations have been made by scholars about the reasons why Al-Shafi’i revised old views he put forward in Hejaz and Iraq after he went to Egypt and put forward his new views. While some said that it was a change based on some hadiths, of which he was later found it, others claimed that it was based on the removal of his teacher Imam Malik’s influence on him. According to some other scientists, the place and environment that he changed during his lifetime caused this change. It is seen that Al-Shafii’s different views on the same issue emerged both in his works and among those conveyed from him by his students and later sect scholars for various reasons. This has led to various evaluations and even accusations by members of other sects. The issue has been handled in response to these accusations and in terms of revealing the truth of the work, and the reasons why different views were conveyed from Al-Shafi’i on the same issue were tried to be put forward. Since Al-Shafi>i mostly abandoned his views he had put forward in Iraq and formed his new sect in Egypt and even expressed this in some of his statements, therefore, when he has a view of the qawl djadid type, it is accepted as a principle that his sect will be him and the deed will be according to him, the distinction in the form of djadid is also very important. If qawl qadim or qawl djadid is transferred from Al-Shafi’i in a matter, the act is done in accordance with it. However, if there is more than one opinion of Al-Shafi’i on a subject; When qawl qadim and qawl djadid are treated, the principle is to act according to the qawl djadid. Because, it is accepted that Al-Shafi’i has recourse from the qawl qadim. However, if there is a sound hadith that supports the qawl qadim and does not have any contradictions, then qawl qadim is preferred. If all of Al-Shafi’s statements on a subject are of a qadim or djadid type, in this case, the last one or Al-Shafii’s preference is to be deeded. If Al-Shafi’i utters both at the same time and does not prefer one, or if it is not known whether he said them at the same time or at different times, then it is investigated which one is preferred and people act accordingly. In this case, if a person who will do the research is the one of qualified to takhridj and tardjih, he / she conducts his research and acts accordingly, if not, he reports that scholars with these attributes prefer. It is seen that since the students of Al-Shafi’i, Shafi’i scholars have used various expressions that reveal both the terminology for opinions and the preferences among them. It is possible to say that there has been a development in the use of these terms of the Cuwayni, Gazzali, Rafii and Nawawi line and the meaning of the use of them in the precepts at the beginning of the works of Nawawi is clearly stated, but it is possible to say that especially the uses of Rafii lead the Nawawi in an important sense. It is seen that Nawawi clarifies these terms, determines and uses a term for each view in the sect, whether they are strong or weak, and for their opponents. This activity of his contributed to the later scholars to see the conflicts in the sect better and to follow these principles determined by him.