Sources Of Tradition Research Articles

Interpretation of legal duty in the American legal tradition

Human rights, as enshrined in current international legal instruments, are the result of long-term historical development and the gradual formation of standards that have become the norm in modern democratic society. The formation of such unified standards for regulating social life has led to the modern doctrine of human rights being based on universal principles and values, including freedom, equality, justice, and the inalienability of fundamental human rights. However, despite the commonality of these values and principles on which the modern idea of human rights is founded, its formation and gradual development occurred under the influence of cultural, historical, political, and sociological factors of individual states or entire regions. These factors led to the emergence of distinct legal traditions. A legal tradition is understood as a deeply rooted and historically conditioned attitude of people towards the role of law in society, the nature of law, as well as the organization and functioning of the legal system as a whole. The legal tradition, in turn, leads to certain differences or authenticity in the interpretation of various legal categories, as their formation occurred through the prism of unique circumstances characteristic of a particular legal tradition. Studying approaches to interpreting certain legal phenomena in specific legal traditions allows for a broader understanding of a given legal concept, revealing its peculiarities in the legal systems of individual states, and conducting a comparative analysis of its interpretation alongside other legal traditions. Today, when discussing human rights and obligations, we often refer to sources of the European legal tradition, which undoubtedly play an important role in the modern understanding of human rights. However, it would be incorrect to overlook the contributions of other legal traditions, particularly the American one. The emergence of the modern system of human rights and obligations on the American continent is associated with the activities of the Organization of American States, as well as the adoption of such acts as the American Declaration of the Rights and Duties of Man of 1948 and the American Convention on Human Rights of 1969. It should be noted that the American Declaration of the Rights and Duties of Man preceded the Universal Declaration of Human Rights of 1948 by six months, which underscores the significance of this act in the process of establishing an international system of human rights and their protection. A characteristic feature of this Declaration, which distinguishes it from the Universal Declaration of Human Rights of 1948 and a number of other European human rights acts, is its extensive list of duties impos ed on individuals. Thus, to identify the peculiarities of interpreting the category of legal duty, it would be appropriate to study this fundamental normative legal act of the American legal tradition in the field of human rights and duties. Furthermore, studying normative legal acts that regulate both human rights and duties will allow us to outline the mechanism of establishing and normatively formulating key human duties in the American legal tradition.

Text and Intertextuality in Modern Arabic Poetry of Yoruba Scholars

Objectives: This paper examines Arabic poetic texts produced by modern Yoruba scholars, to study how they inter-textualize with poetic texts of classical and early modern poets in Arabic. It does a critical reading of select poems from the corpus of Isa Abu-Bakre (b.1953), and Afis Ayinde Oladosu (b.1967). Whereas the former follows the traditional system in the composition of his poems, the latter writes his collections in free verse. Methods: The paper adopts a method of historicizing the annals of intertextuality, before proceeding to exposit, closely read, and analyze intertextuality cues in the poetry of Yoruba scholars. It hinges its discussions on the works of Julia Kristeva, Roland Barthes, James Porter, Lev Vygotsky, Graham Allen, Ahmad Az-Zoubi, and Muhahammad Miftah among others. Conclusions: The study shows that Arabic poetical compositions of modern Yoruba scholars often intersect, not only with poetical texts of classical and early modern poets in Arabic, but also, they inter-textualize with texts from the primary sources of Arabic literary tradition- the Glorious Qur'an and Hadith.

Study Of the Cultural Elements of Muna Ethnic Based on Oral Tradition and Archeology Sources as Cultural Heritage

Study Of the Cultural Elements of Muna Ethnic Based on Oral Tradition and Archeology Sources as Cultural Heritage

The Gospel of the Ebionites and the Synoptic Problem

Abstract: David B. Sloan and James R. Edwards have revived the antique hypothesis that there was a single Gospel according to the Hebrews underlying the diverse patristic testimonies about it and that it was a significant source behind the Synoptic tradition. Specifically, Sloan and Edwards equate this reconstructed text with either Q or L, respectively, two hypothetical sources in B. H. Streeter’s classic solution to the Synoptic Problem. In this article, I defend the common scholarly view that the text known to Epiphanius, which modern scholars entitle as the Gospel of the Ebionites to distinguish it from the Gospel according to the Hebrews , was a Greek text that, at points, harmonizes passages from the Synoptics. I will focus on this Gospel’s baptism narrative to demonstrate that it replicates Matthean and Lucan redactional elements, thus making it unlikely to be the source of the Synoptic double tradition or the Lucan Sondergut .

Laut Dalam Perspektif Teologi Hindu Pada Susastra Jawa Kuno

The ocean is in an increasingly severe ecological crisis, which has an impact on the crisis of the universe at large. The attitude of people who are increasingly moving away from tradition and traditional sources of reference and prioritizing worldliness is thought to be one of the causes of the marine crisis. Therefore, efforts to encourage people to manage the sea more wisely must continue to be encouraged. This article aims to examine the local wisdom of the sea in ancient Javanese literature from the perspective of Hindu theology and to contribute to raising public awareness through a more complete and comprehensive understanding of the sea. The method used in the research is a qualitative method using Old Javanese literary texts as the main data source. The reading method was used in data collection assisted by the techniques of script transfer, language transfer, and recording. Data analysis was carried out by applying the content analysis method based on the working principles of semiotic theory. The result found is that the narrative of the sea in Old Javanese literature has a Hindu theological dimension. The sea is understood in a cross-section of Hindu theology starting with the awareness of the Impersonal God (Nirguna Brahman) by calling God Sang Hyang Adisuksma, towards the awareness of the Personal God (Saguna Brahman) by calling God as Lord Baruna, worshiped as an istadewata whose role is to control the laws of the universe (rta). The sea (segara) is glorified as a pair of mountains (giri) in the conception of segara-giri is a sacred axis in Hindu life, both as a source of life, a source of disaster and disease and a source of liberation. The theological construction of Old Javanese literature is imbued with Hindu theology as mandated by the Vedas.

Herbs as pharmaka: between Medicine, Astrology and Magic

In the ancient and Byzantine world, natural elements were used to cure a certain disease, as attested by traditional medical sources such as Hippocrates, Dioscorides and Galen. However, the therapeutic properties of these substances are also described in some compilations that transmit another type of knowledge: the Cyranides, a hermetic work that illustrates the usages of vegetable, animal and mineral species for different purposes; Cassianus Bassus’ Geoponica, an important source of the ancient agronomic-botanical tradition; the Hygromanteia Salomonis, a hermetic and esoteric treatise dedicated to planetary divination, which also illustrates the correspondences between plants, planets and zodiac signs. The herbs described in these compilations are suggested as φάρμακα for the treatment of diseases, but also for other purposes such as warding off demons or having luck (e.g. in Monacensis gr. 70, which transmits Hygromanteia Salomonis, Jupiter’s plant is χρυσάγκαθον, capable of causing extraordinary healings). This denotes the development of a parallel medicine, connected with magic and astrology, and in some cases the practices discussed still have folkloric implications today. Therefore, this contribution intends to analyse these three magico- -medical works, highlighting the similarities and differences from traditional medical sources as well as the link between medicine, magic and astrology.

Kurra ve müfessirler arasında geç döneme kadar Kur'an kıraatlerinde fluluk: Ebussuud ve tefsiri örneği

A significant topic of the Qur’anic studies is the subject of variant readings. According to Muslim tradition, the Qur’ān can be read at least in seven variant readings. Primary sources of Muslim scholarly tradition on the history of the Qur’ān exhibit, to some degree of variance, two distinct historical tiers: one is on the written form of the Qur’ān; and the other is on the oral features of the Qur’ān. Although the history of the written form of the Qur’ān seems to have culminated with the collection of the caliph ‛Uthmān (r. 26-36/646-656), the oral character of it continued to entertain variances in unspcified numbers. Attempts to limit, systematize, and cononize these variances, despite political backing at times, have failed to find reception with the scholars of Qur’anic readings and the scholars of Qur’anic exegesis well into the late middle ages. The latter, in their exegetical works, have continued to revive, utilize, and assess the readings that had been deemed non-canonical by the former. The Muslim tradition in general purports that the Qur’anic readings have been limited and systematized in non-exegetical settings, and the scholars of Qur’anic readings have allowed for the utilization of non-canonical readings for exegetical purposes. Our study here aims to assess this claim and reexamine if it can be corroborated with historical developments. We hope to demonstrate that not only does this claim stand on shaky grounds, but the exegetical literature well into the late middle ages strove to maintain the liberal ground for the oral aspect of the Qur’ān. We have tackled the issue through the exegetical work of Abū al-Su‛ūd al-‛Īmādī, Irshād al-‛aql al-salīm ilā mazāyā al-Kitāb al-Karīm, with references to earlier exegetical works on which Abū al-Su‛ūd seems to have drawn. We would like to demonstrate that the exegetes contested the Qur’anic readers in the oral features of the Qur’ān and stood their ground in keeping the liberal approach that allowed for some degree of fluidity and which was guided and governed by several different and non-fixed criteria such as tradition, meaning, literary excellence, linguistic reasoning, etc.

Ярославские традиции в церковной стенописи Тверского края эпохи классицизма

In the article an attempt is made of clearing up the source of the North-East Tver region artistic culture flourishing in the 19th century that especially became strikingly apparent in church wall-painting. Beginning with the early 19th century the painters from the city of Yaroslavl were actively working in the Tver region and introduced various traditions of Yaroslavl into the fine arts. One of the characteristic features of the Yaroslavl painters’ language was the combination of Old Russian and West European devices in the classicism stylistic context that found a reflection in the Tver region monuments. At present the phenomenon of different trends coexistence in the beginning of the 19th century is well known in the specialized literature through the example of icon-painting. A similar occurrence took place in the monumental art but so far it hasn’t been investigated in the scholarly literature. The works of the Yaroslavl painters Banshchikov and Smirnov are preserved in the Resurrection cathedral in Kashin as a masterpiece of wall-painting without renovations or restorations. Through the example of the cathedral paintings the devices of the Yaroslavl painters are being analyzed, in particular the use of the rare Old Testament cycle in the painting programme created on the basis of the popular German engravings from Christoph Weigel Bible (1695). A comparison of the Yaroslavl painters’ style in the Korsun Icon of the Mother of God church in the village of Zelentsovo and a number of the North-East Tver region murals is carried out. The analysis of the interregional connections and the study of the Old Russian traditions firmness in the classicism period favour the deepening one’s knowledge about the view of the Russian art development in the first half of the 19th century. For the Yaroslavl region bordering the Tver region districts Yaroslavl as a strong monumental art centre became one of the main sources of the new artistic traditions.

The Canons of the Third Lateran Council of 1179: Their Origins and Reception by Danica Summerlin, and: Papal Jurisprudence c. 400: Sources of the Canon Law Tradition by David L. d'Avray, and: Papal Jurisprudence, 385–1234: Social Origins and Medieval Reception of Canon Law by David L. d'Avray (review)

The Canons of the Third Lateran Council of 1179: Their Origins and Reception by Danica Summerlin, and: Papal Jurisprudence c. 400: Sources of the Canon Law Tradition by David L. d'Avray, and: Papal Jurisprudence, 385–1234: Social Origins and Medieval Reception of Canon Law by David L. d'Avray (review)

Scientism, Anti-Science, and Scientific Activities as an Expression of Religious Beliefs

This paper seeks to show how believers can carry out scientific activities or appreciate the results of scientific research as an expression of faith itself. This goal will be achieved by demonstrating two important distinctions, namely: 1) the difference between the rejecting scientism and anti-science stance, 2) the difference between rejecting scientism and accepting the reality of theism. Later, I will show how the narrative of conflict between the adherents of scientism and its opponents can be overcome by localizing the narrative of the conflict to local historical situations and at the end an alternative narrative taken from internal sources of the Christian religious tradition will be explained in relation to three things, namely: 1) assumptions about the relationship between faith and reason, 2) attitudes towards human critical efforts, and 3) attitudes towards nature and natural research activities. This proposal is expected to be an example of how science and faith can enrich each other in a dialogical-critical relationship.

The Moral Perspectives of the Anaphora of Addai and Mari in the Syro-Malabar Liturgy

Liturgical prayers comprise a myriad of moral concepts. This is obvious in the anaphora of Addai and Mari, one of the earliest liturgies in the East Syrian tradition. Prayers of this anaphora are a source of Christian moral tradition. This article argues that there are fundamental moral concepts, moral values, and special moral cases in the anaphora of Addai and Mari. The prominent moral themes of this anaphora include conscience, justice, love, communion, holiness, gratitude, mercy, peace, and eco-theology. Moreover, participation in the Holy Qurbana incites moral imagination and subsequently helps one to arrive at good moral decisions. The result is the moral response (counter-gift) of the participation in the Holy Qurbana. The article also explores the similarities between the moral concepts of Acts of Thomas, Ephrem's hymns, Aphrahat's Demonstrations and the anaphora of Addai and Mari. This article reasons that a deep relationship exists between liturgy and morality, and one can obtain mature moral perspectives from the anaphora of Addai and Mari in the present context.

Papal Jurisprudence c. 400: Sources of the Canon Law Tradition. By David L.d’Avray. Cambridge: Cambridge University Press. 2019. 302 pp. £75. ISBN 9781108472937.Papal Jurisprudence, 385–1234: Social Origins and Medieval Reception of Canon Law. By David L.d’Avray. Cambridge: Cambridge University Press. 2022. 332 pp. £75. ISBN 9781108595292.

Early Medieval EuropeVolume 31, Issue 2 p. 308-310 Book review Papal Jurisprudence c. 400: Sources of the Canon Law Tradition. By David L. d’Avray. Cambridge: Cambridge University Press. 2019. 302 pp. £75. ISBN 9781108472937. Papal Jurisprudence, 385–1234: Social Origins and Medieval Reception of Canon Law. By David L. d’Avray. Cambridge: Cambridge University Press. 2022. 332 pp. £75. ISBN 9781108595292. Christof Rolker, Christof Rolker University of BambergSearch for more papers by this author Christof Rolker, Christof Rolker University of BambergSearch for more papers by this author First published: 15 March 2023 https://doi.org/10.1111/emed.12618Read the full textAboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL No abstract is available for this article. Volume31, Issue2May 2023Pages 308-310 RelatedInformation

Persianate Fiqh in Indonesia: Majmuʿih-yi Khani as a Rare Legal Manuscript in a Cosmopolitan Context

Abstract It is often said that the Shafiʿi school of law was the main source of the Malay-Indonesian Islamic legal tradition and codes during the last couple of centuries. However, one may wonder if further Islamic legal schools were welcomed in the archipelago and, if so, how and under what circumstances. On this subject, the author examines a rare, thick, fragile, and rare Persian manuscript. Copied in the seventeenth century, the manuscript in question is a work that was not only in the possession of Malay-speaking people. The manuscript clearly shows an attempt to translate it into local languages and to expand its jurisprudential clauses. Being a comprehensive source for the study and practice of Islamic law, it includes both Sunni and Shiʿi classical legal treatises, their Qurʾanic commentaries on “legal verses,” and relevant theological comments. This source has the potential to invite scholars to re-examine the context of seventeenth and eighteenth-century Southeast Asian manuscripts which used to be known as the turning point towards “Shariatization” by means of Arabo-Sunni legal and theological treatises, and to raise a more robust conjecture about the cosmopolitan nature of the Indonesian archipelago.

ADVANCING THE LEGAL STATUS OF WOMEN IN ISLAMIC LAW. MONA SAMADI. BRILL NIJHOFF PUBLICATIONS, LEIDEN & BOSTON, 2021, 222 PP., ISBN: 978-90-04-44693-9, €128.00 (HARD COVER)

This article is a review of a book that presents a detailed and thorough analysis of women’s legal status in the Islamic legal system. The book consists of six chapters that include a historical overview of women who held power in Islam, classical and contemporary sources of Islamic law, women’s legal status, and measures taken by male-dominated societies to circumvent or restrict women’s rights. The author’s arguments are based on the position of women in the Islamic legal system, in the light of the sources of Islamic law and Islamic traditions. The book is a valuable resource for scholars, students, and activists interested in understanding women's legal status in Muslim societies. The author argues that it is not Islamic law per se but rather the juristic interpretations that cause the inequalities faced by women. The author suggests revisiting laws, policies, and practices to strengthen the legal status of women by incorporating human values such as human dignity, fairness, and justice, as laid in the Quran, as the jus divinum for any law affecting women as a class.

Doing Communicative Theology of Social Justice from Christian and Islamic Perspectives

With a long tradition of mono-religious education in Indonesia, the understanding of social justice inscribed as the fifth principle of Pancasila is subject to a one-sided theological or otherwise secular outlook. While the former lacks in theology’s publicness, the latter does not conform with the foundational national consensus. Resembling Pancasila’s collaborative spirit, the research question of this article is how to understand social justice from an inter-religious outlook. This library research-based article employs a communicative theology developed by Matthias Scharer and Bernd Jochen Hilberath within the scope of Christian and Islamic perspectives. In such a theology, social justice is never speculative, ideological, or ahistorical. Instead, it emerges from factual movements that ignite public awareness required for further engagement for social transformation. A close reading of some sources of both traditions reveals social justice as a God-oriented, people-centered movement with a mustadafun perspective

КОНЦЕПЦИИ БОГОПОЗНАНИЯ ИОАННА ЛЕСТВИЧНИКА И МАКСИМА ИСПОВЕДНИКА В ФИЛОСОФСКОМ ДИСКУРСЕ ВИЗАНТИИ

The article reveals the theological and philosophical ideas of Greek-Byzantine Church Fathers in the context of religious epistemolo-gy. The author presents the doctrines of the two profound Byzantine thinkers-theologians – John Climacus and Maximus the Con-fessor. Their teachings are highlighted as the foundation and main source of the mystical-religious tradition of Byzantine theology and philosophy. The concepts of the uncreated Light, deification, and logoi are substantiated as the ways of God-knowing.

Lakon Punakawan as a Form of Religious and Cultural Transformation of Javanese Community

Wayang (puppet shows) for the Javanese people are a source of culture and tradition, philosophical values as well as religious teachings. It developed into a means of socio-cultural-religious transformation of da’wah, especially for Sunan Kalijaga. In the wayang, some lakon (plays, scenes, episodes) are taken from the epic story of the Ramayana, Mahabharata, and other ancient literatures. Meanwhile, wayang characters that resonate the Javanese people are Punakawan. The cultural and religious transformation brought by the lakon can be seen in the meaning and naming of Punakawan. In addition, the displayed role contains an elegant religious message wrapped in culture. Employing qualitative research using the analysis method, steps taken done to write the paper are; first, observing the theological and social revolution of the Javanese society, which is animist, dynamic, and paganist towards monotheistic mysticism. The second is the shift phenomena of Javanese Hindu ideology towards the Islamization of Java through an egalitarian concept of Islam. The third is the interpretation of young people’s anxiety through the distinctive voices of criticism. The result of this research is the disclosure of written descriptions of the characteristics of the practice of Javanese society through the process of cultural and religious transformation in the interpersonal play of Punakawan.

What is the Best Jewish Account of the Grounds of Worship of God?

This paper brings contemporary debate in analytic philosophy of religion regarding the notion of worship into conversation with Jewish sources and attempts to identify the most promising philosophical grounds for a Jewish account of the putative obligatoriness of worship. Some philosophers have recently debated the notion of worship, focusing in particular on the claim that human beings have an obligation to worship God and on whether and how such an obligation might be adequately grounded. I first canvass the major bases for worshipping God that have featured in this debate. I then turn to some relevant liturgical and philosophical sources of Jewish tradition, identifying grounds for the obligatoriness of (exclusively) worshipping God that have been advanced in those sources. I next consider which grounds of the putative obligatoriness of worship are the most promising for a Jewish account in terms of both philosophical cogency and rootedness in Jewish tradition. I argue that a version of a divine command grounding of prayer in a Soloveitchikian mode is both well-rooted in Judaism and also plausibly surmounts philosophical objections to divine command accounts. In the final section, I briefly raise the issue of whether the concept of worship is truly well-suited to a Jewish context, suggesting that the rich Hebrew notions of avodah and tefillah are perhaps more appropriate in articulating a fully adequate Jewish understanding of the pertinent issues. In particular, I argue that these notions fit well with the Soloveitchikian divine command grounding of the obligation to worship God.

Bir Fiten Rivayetinin Neliği: “Herc Zamanı İbadet Etmek, Bana Hicret Etmek Gibidir” Rivayeti Özelinde

Fitne zamanlarında ne yapılması gerektiğini ifade eden pek çok rivayet, hadis kaynaklarında yer almaktadır. İlgili rivayetler genelde insanlara özelde ise Müslümanlara yönelik uyarı/ikaz türünden ifadeler barındırmaktadır. Bu tür rivayetlerin anlatmak istediği hususlara ve sıhhatine dair pek çok çalışma yapılmıştır. Çalışmamızda da, “herhangi bir rivayette herc, fitne/fiten veya melhame/melâhim kavramının geçmesi onun mutlak olarak fiten rivayeti kapsamında yer aldığını gösterir mi?” sorusunun cevabı aranmıştır. Bu doğrultuda “herc zamanı ibadet etmek, bana hicret etmek gibidir” şeklinde tercüme edilen rivayet esas alınmış, sonuç olarak içerisinde –farklı tarikler de göz önünde bulundurularak- herc veya fitne kelimesi geçen ve ilk bakışta fiten rivayeti olarak algılanan bu hadisin aslında doğrudan fiten kapsamında yer almama ihtimalinin bulunduğu, Hz. Peygamber’in bunu buyururken teşbih sanatı yapmış olabileceği görülmüştür. Dolayısıyla buradan hareketle musanniflerin, rivayetleri bab başlıkları altına yerleştirirken mutlak surette isabetli davranmadıkları ifade edilebilir. Bu yüzden rivayetler, doğrudan kelimeler/kavramlar üzerinden değil, muhakkak rivayetin arka planı ve bağlamıyla da ele alınmalıdır.

MEMORY, HISTORICAL PROSE AND FORMATION OF NATIONAL IDENTITY

Historical prose as a component of national literature is an essential part of the cultural life of modern nations. One of its tasks is to form the cultural memory of large groups that create national communities, structure the past and preserve its integrity and uniqueness.
 The historical prose of Ukrainian emigration eloquently demonstrates mutual projections of memory and the formation of national conscience and identity. The prose of emigration as an exile can serve as a relief and expressive evidence of the formation and interpenetration of the main ideas and concepts, ideological and aesthetic figurative paradigm, formed on the border of memory, history, and literature. This is how historical prose is seen as a purposeful policy of memory.
 For societies where the state tradition was interrupted, historical prose can be considered an important factor in restoring/maintaining national memory, as well as a means of creating national myths, projecting the past on the modern problems of a stateless nation, and preserving the national traditions.
 Historical prose of Ukrainian emigration had these tasks in mind, taking responsibility for the national philosophical perspective rooted in the past in order to preserve and increase it in the future. The idea of self-discovery through one’s own history is, in particular, an important element in the existence of Ukrainian emigration: in this case, we talk about national self-knowledge in a community that tries to preserve its national identity and fix it not only in oral tradition but also in scholarly historical research and historical prose.
 Historical fiction of the 20th-century Ukrainian emigration was a means of discovering the sources of traditions in the past that directly influences modernity, and an attempt to build a historiosophical literary model that would reveal the forgotten past, show the causes of current problems, and point out the way to future.