Search Results (20)

Climate change disinformation has emerged as a substantial issue in the internet age, affecting public perceptions, policy response, and climate actions. This study, grounded on the theoretical frameworks of social epistemology, Habermas’s theory of communicative action, post-truth, and Foucault’s theory of power-knowledge, examines the effect of digital infrastructures, ideological forces, and epistemic power dynamics on climate change disinformation. The meta-synthesis approach in the study reveals the mechanics of climate change disinformation on social media, the erosion of epistemic welfare influenced by post-truth dynamics, and the ideological and algorithmic amplification of disinformation, shedding light on climate change misinformation as well. The findings show that climate change disinformation represents not only a collection of false claims but also a broader epistemic issue sustained by digital environments, power structures, and fossil corporations. Right-wing populist movements, corporate interests, and algorithmic recommendation systems substantially enhance climate skepticism, intensifying political differences and public distrust in scientific authority. The study highlights the necessity of addressing climate change disinformation through improved scientific communication, algorithmic openness, and digital literacy initiatives. Resolving this conundrum requires systemic activities that go beyond fact-checking, emphasizing epistemic justice and legal reforms. Full article

This article examines the Ashʿarī theological framework of Imam Abū ʿAbd Allāh Muḥammad ibn Yūsuf al-Sanūsī (d. 1490) and its potential for shaping contemporary Muslim engagement with science. At the heart of al-Sanūsī’s thought is a tripartite typology of judgements—legal (ḥukm sharʿī), nomic (ḥukm ʿādī), and rational (ḥukm ʿaqlī)—as articulated in The Preliminaries of Theology (al-Muqaddimāt). This classification distinguishes between rulings grounded in revelation, patterns observed in nature, and conclusions drawn from reason. Unlike other theological approaches, al-Sanūsī’s model integrates core Ashʿarī doctrines such as radical contingency, occasionalism, and divine command theory, offering a coherent synthesis of metaphysics, empirical inquiry, and ethics. Building on recent scholarship that re-engages with Ashʿarī theology in the context of Islam and science, this article argues that al-Sanūsī’s schema offers a meta-framework—one that positions science not merely as an object of analysis but as a locus for theology. Full article

Building on the idea of religion and science as conceptual maps of intellectual territory, I use a settler colonial analysis as a framework for thinking about decolonizing religion and science in a way that moves away from abstraction and towards action; addressing not just the ideas, but the tools of control—the fences—that impose ideas on the territory itself. Comparing the Wyoming prairie with the epistemological prairie, I describe the maps, fences and other tools and technologies of settler colonialism used to appropriate Indigenous Land and knowledge, eventually turning it into private property. It is in this last step—the creation of private property—that fences are most important, because they are tools of ownership that do not merely restrict access to parts of the prairie (land and knowledge), but restrict movement on the prairie itself. I describe patents and intellectual property as examples of fences on the epistemological prairie. Because they are legally and historically connected to technologies of settler colonial appropriation of land—including terra nullius and land patents—they are an excellent example of the connection between land and epistemological territory, and show what epistemological decolonization can look like in practice. Full article

In contemporary times, the conceptualisation of marriage has shifted; however, societal attitudes and cultural ideologies regarding its construction remain complex. As such, unique generational perspectives are needed to reflect on how marriage has evolved and to comment on ongoing tensions related to it. This study explores how individuals born in the 1960s conceptualise marriage, examining the complex interplay between traditional values and evolving perspectives. Using an exploratory qualitative design underpinned by a social constructionist epistemology, semi-structured interviews were conducted with 12 participants (7 female, 5 male) aged 56–65. Reflexive thematic analysis revealed three main themes: (1) Unveiling the New Vows: The Shifting Values of Marriage and Family, (2) Breaking Boundaries and Transforming Traditions: Debunking Heteronormativity, and (3) Witnessing Progression: Dismantling Barriers and Embracing Diversity and Equality in Marriage. The findings indicate a significant shift in how marriage is viewed, with participants demonstrating both nostalgia for traditional constructs and support for more inclusive definitions. Notably, many participants positioned themselves as more progressive than their peers, challenging notions of homogenous generational attitudes. This study highlights the ongoing tension between traditional and contemporary views of marriage, suggesting that efforts to promote inclusivity must address both legal barriers and deeply ingrained cultural norms. These findings contribute to our understanding of how social institutions like marriage are reconceptualised over time, emphasising the dynamic nature of social change and the capacity for individuals to evolve in their perspectives on deeply entrenched societal norms. Full article

This article demonstrates how Qualitative Comparative Analysis (QCA) can be applied to the study of case law, with an emphasis on the granular analysis of jurisprudence. This article’s empirical focus is a study of asylum decisions issued by the US Circuit Courts. Prior research, using statistical methods, has observed disparities in asylum case outcomes that are partly explained by sociopolitical factors such as the partisan affiliation, gender, and home-state politics of the judiciary. This article uses QCA to revisit these findings; incorporating an analysis of jurisprudential criteria alongside the sociopolitical factors that have been identified by prior studies. All of the Circuit Court decisions for the cases included in the QCA analysis were issued during the first year of the Trump presidency; a time at which asylum-seekers at the US–Mexico border were becoming a focal point both for immigration enforcement and a polarized national debate over immigration policy. Despite the charged political context for these decisions, the QCA findings show that the two most decisive factors for Circuit Court decision-making on these cases were their rulings on nexus and patterns of decision-making that were specific to each court. The closing discussion cautions the reader against generalizing these findings to all appellate-level asylum decisions out of consideration for the epistemological orientation of QCA. Hence, the findings from this study should not be taken as conclusive evidence that sociopolitical factors are of little causal value for research on the appellate courts. Nevertheless, the findings do indicate that more attention should be paid to the explanatory power of jurisprudence. The concluding discussion also highlights the potential that QCA holds for building out a logic-based theory of legal decision making that can account for jurisprudence in tandem with sociopolitical factors and localized cultures of decision-making that help to explain disparate applications of the law. Full article

Landscapes have been shaped and reshaped by humans to meet the changing needs of shifting subsistence strategies and demographic patterns. In the Mediterranean region, a widespread subsistence strategy that has left a major imprint is pastoralism, often tied with transhumance. Pastoralism and the associated tensions between pastoralists and settled agriculturalists have political and legal dimensions which are sometimes overlooked in mainstream accounts of national “patrimony”. The rapid transformations of subsistence strategies witnessed in the twentieth century have changed pastoral landscapes in diverse ways. This paper focusses on the central Mediterranean archipelago of Malta to explore how the values and management of such landscapes require holistic assessment, taking into account the intangible practices and embedded legal rights and obligations that maintained these systems. While in Malta pastoralism has practically disappeared, its physical imprint persists in the form of a network of droveways, which was once a carefully regulated form of commons. Burgeoning demographic growth is erasing large tracts of the historic environment. Against this backdrop of contestation, this paper draws on interdisciplinary approaches to interrogate the shifting legal and historical narratives through which pastoral landscapes have been managed, in the process revealing how dominant epistemological and legal frameworks are also implicated in the erasure of these landscapes. Full article

Over the last decades, intersex studies has achieved increasing development as a field of critical knowledge, in tight collaboration with discourses developed by intersex activism and human rights bodies. This paper proposes a self-reflexive review of epistemological perspectives in intersex studies within broader discursive fields, through a thematic analysis and comparative framing analysis. This analysis is based on a narrative literature review of academic contributions, activist declarations, and documents issued by human rights bodies conducted over the last decade as a work-in-progress project. Furthermore, it includes results of a scoping review of recent knowledge production in intersex studies carried out in Scopus within the subject area ‘social sciences’. This paper focuses on the analysis of the following epistemological perspectives: human rights frameworks, legal perspectives and citizenship theories, reflections on biopolitics, medicalization and iatrogenesis, sociology of diagnosis framework, depathologization perspective, respectful health care models, and reflections on epistemological, methodological, and ethical aspects. The literature review raises questions about the existence of specific intersex epistemologies in intersex studies, their interrelation with discourses contributed by intersex activism and human rights bodies, and the opportunities for a contribution of theory making in intersex studies to the human rights protection of intersex people. Full article

With the arrival of the twentieth century, in their legal theory, Muslim scholars began emphasizing public interest (maṣlaḥa) and the objectives (maqāṣid) of the Sharia. This stood often in contrast to the standards of traditional legal theory. To overcome this gap, scholars searched for concepts of premodern scholars, interpreted them in a way that allowed focusing on abstract categories like maṣlaḥa. An often-quoted figure in this regard is Najm al-Dīn al-Ṭūfī (d. 716/1316). In his hadith commentary entitled al-Taʿyīn, al-Ṭūfī developed a legal framework in which he gave precedence to maṣlaḥa over the Quran, Sunna, and Consensus in cases where there are conflicts between these sources concerning the ruling for a given matter. Many contemporary scholars interpret al-Ṭūfī’s concept from a modern perspective. This approach either leads to overemphasizing al-Ṭūfī’s theory or rejecting it entirely. The present study will analyze al-Ṭūfī’s theory of maṣlaḥa within the established premodern epistemological and hermeneutical boundaries that al-Ṭūfī himself accepted. In doing so, it will locate al-Ṭūfī’s conception of maṣlaḥa in its historical context and in relation to al-Ṭūfī’s biography. The study will show that al-Ṭūfī’s theory, regardless of its modern reception, and with all its pitfalls, is an original attempt to find new ways for deriving norms within the boundaries of a well-established legal theory and in a specific historical context. Full article

This paper reconstructs some of the core elements of Dworkin’s epistemology of ethics. To understand why, for Dworkin, questions of legal philosophy lead to moral epistemology, the main points of Dworkin’s last restatement of his theoretical account of law are outlined. Against this background, the paper critically assesses the merits of Dworkin’s criticism of current prominent forms of skepticism and what it teaches us about the epistemology of legal thought. Full article

The adoption and ratification of new conventions and treaties under international law designed to protect both Indigenous peoples and the rights of nature have resulted in successful rulings by local, federal, and regional courts in favor of Indigenous groups engaged in class-action suits against their governments. In 2012 and 2019, respectively, the Sarayaku Kichwa and the Huaorani and Cofán peoples of the Ecuadorian Amazon won cases against the Ecuadorian government for its lack of consultation on planned oil exploration. Such cases upholding the correct application of the right to Free, Prior, and Informed Consent (FPIC) under international treaties are rare; more often, Western judicial systems and environmental impact assessments have been used to serve corporate interests, as exemplified by the Aguinda v. Texaco case initiated in 1993 and the planned operations of Andes Petroleum in Orellana province 2019–2020, respectively. Indigenous and non-Western epistemologies tend to be incompatible with state-driven liberal secular capitalism—hence Indigenous efforts to prevent land seizures and the expansion of the extractive frontier into Indigenous territories in the Amazon rainforest have been undermined by the imperatives of modernization/developmentalism. These same forces have stimulated demand for gold, the legal and illegal mining of which, along the Napo river, have caused the contamination of the waters of the Amazon, threatening the health of Indigenous and non-indigenous riverine communities. Full article

As with the progress of social sciences in which the notion of turn has gradually taken a central position in academic discourse, we have often seen the blended application of “paradigm shift talk” and “turn talk” to delineate the construction of progress in legal scholarship. Unlike “paradigm shift talk” that is based on the sufficient intellectual accumulation of understanding Kuhn’s paradigm theory, the connotations, as well as implications, of the notion of turn have been radically ignored in legal scholarship. Therefore, questions tackling turn’s underlying teleology, epistemology, methodology, and ethics are especially significant and indispensable. As a response, this article delves into the notion of turn in legal scholarship by mainly embedding it in a general context of the knowledge production of social sciences. It primarily argues that the notion of turn is more compatible with the construction of socio-legal knowledge than that of paradigm due to its interdisciplinary disposition. Accordingly, rather than maintaining the taken-for-granted status quo, legal scholars should pay heed to this compatibility in question and employ the notion of turn consciously and seriously. Full article

The (secular-humanist) philosophical theology governing (positivist) disciplines such as International Law and International Relations precludes a priori any communicative examination of how the exclusion of Arab-Ottoman jurisprudence is necessary for the ontological coherence of jurisprudent concepts such as society and sovereignty, together with teleological narratives constellating the “Age of Reason” such as modernity and civilization. The exercise of sovereignty by the British Crown—in 19th and 20th century Arabia—consisted of (positivist) legal doctrines comprising “scientific processes” denying Ottoman legal sovereignty, thereby proceeding to “order” societies situated in Dar al-Islam and “detach” Ottoman-Arab subjects from their Ummah. This “rational exercise” of power by the British Crown—mythologizing an unbridgeable epistemological gap between a Latin-European subject as civic and an objectified Ottoman-Arab as despotic—legalized (regulatory) measures referencing ethno/sect-centric paradigms which not only “deported” Ottoman-Arab ijtihad (Eng. legal reasoning and exegetic hermeneutics) from the realm of “international law”, but also rationalized geographic demarcations and demographic alterations across Ottoman-Arab vilayets. Both inter-related disciplines, therefore, affirm an “exclusionary self-image” when dealing with “foreign epistemologies” by transforming “cultural difference” into “legal difference”, thus suing that it is in the protection of jus gentium that “recognized sovereigns” exercise redeeming measures on “Turks”, “Moors”, or “Arabs”. It is precisely the knowledge lost ensuing from such irreflexive “positivist image” that this legal-historical research seeks to deconstruct by moving beyond a myopic analysis claiming Ottoman-Arab ‘Umran (Eng. civilization) as homme malade (i.e., sick man); or that the Caliphate attempted but failed to become reasonable during the 18th and 19th century because it adhered to Arab-Islamic philosophical theology. Therefore, this research commits to deconstructing “mainstream” Ottoman historiography claiming that tanzimat (Eng. reorganization) and tahdith (Eng. modernization) were simply “degenerative periods” affirming the temporal “backwardness” of Ottoman civilization and/or the innate incapacity of its epistemology in furnishing a (modern) civil society. Full article

The resurgence of a deterministic mode of representation mythologizing Arabs as figuring (threatening) Saracen by judging their epistemological commitments as hostile to Enlightened reason-based ideals is demonstratively identifiable after 9/11, and more so following the Arab uprisings in 2011, when we notice that the Arab in general, and Muslim in particular, was historicized as the “new barbarian” from which (liberal-secular) Westphalian society must be defended. Such neo-Orientalist representations disseminate powerful discursive (symbolic) articulations (i.e., culture talk) —in tandem with the (re)formulation of legal concepts and doctrines situated in jus gentium (i.e., sovereignty, immanence, and pre-emptive defense strategy)—legally adjudicating a redemptive war ostensibly to “moralize” a profane Arabia. Proponents of neo-Orientalism define their philosophical theology as not simply incompatible with Arab epistemology (Ar. العربية المعرفة نظرية), but that Arab-Muslims are an irreconcilable threat to Latin-European philosophical theology, thus, accentuating that neo-Orientalism is constituted by an ontological insecurity constituting Arab-Islamic philosophical theology as placing secular modern logic under “siege” and threatening “civil society”. This legal-historical research, therefore, argues that neo-Orientalism not only necessitates figuring the Arab as Islamist for the ontological security of a “modern” liberal-secular mode of Being, but that such essentialist imaginary is a culturalist myth that is transformed into a legal difference which proceeds to argue the necessity of sanctioning a violent episode transforming a supposed lawless “Middle East” receptive to terror, into a lawful “New Middle East” receptive to reason. This sacrilegos process reveals the “inclusive exclusion” temporal ethos of (a positivist) jus gentium which entails maintaining a supposed unbridgeable cultural gap between a (universalized) sovereign Latin-European subject, and a (particularized) Arab object denied sovereignty for the coherence of Latin-European epistemology. Full article

Many contemporary scholars claim that erstwhile juristic determinations were intertwined with the socio-political realities in the eighth and ninth centuries, the classical period of Islamic law. They also maintain that although the Qur’an is a divinely revealed and immutable text, the applicability of its verses is contingent on the needs and conditions of the times. This paper argues that there is a need to move beyond the current form of ijtihad to an era of neoijtihadism in Twelver Shi‘ism. The present ijtihad, which was developed in the medieval ages, has failed to produce a coherent legal system that can effectively respond to the needs of contemporary Muslims. The paper will focus on the neoijtihadist phenomenon and will argue that the traditional text-centered ijtihad has to be replaced with a new form of ijtihad which utilizes different forms of exegetical and epistemological principles to formulate rulings that will serve the Muslim community better. Neoijtihadism, as I call it, will entail a re-evaluation of classical juristic formulations and, based on the application of new exegetical and interpretive principles, can engender a divergent form of jurisprudence that is based on different epistemological parameters and universal moral values. Neoijtihadism will also entail revamping traditional Islamic legal theory (usul al-fiqh), which has hampered rather than enhanced the formulations of newer laws. Full article

In October of 2018, Norman Hardy became the first individual to be cryopreserved after successful recourse to California’s then recently passed End of Life Options Act. This was a right not afforded to Thomas Donaldson, who in 1993 was legally denied the ability to end his own life before a tumor irreversibly destroyed his brain tissue. The cases of Norman Hardy and Thomas Donaldson reflect ethical and moral issues common to the practice of assisted dying, but unique to cryonics. In this essay, I explore the intersections between ideologies of immortality and assisted dying among two social movements with seemingly opposing epistemologies: cryonicists and medical aid in dying (MAiD) advocates. How is MAiD understood among cryonicists, and how has it been deployed by cryonicists in the United States? What are the historical and cultural circumstances that have made access to euthanasia a moral necessity for proponents of cryonics and MAiD? In this comparative essay, I examine the similarities between the biotechnological and future imaginaries of cryonics and MAiD. I aim to show that proponents of both practices are in search of a good death, and how both conceptualize dying as an ethical good. Cryonics members and terminal patients constitute unique biosocial worlds, which can intersect in unconventional ways. As temporalizing practices, both cryonics and MAiD reflect a will to master the time and manner of death. Full article