While there is growing awareness of the existence and activities of Academic Custom Writing websites, which form a small part of the contract cheating industry, how they work remains poorly understood. Very little research has been done on these sites, probably because it has been assumed that it is impossible to see behind their firewalls and password protection. We have found that, with some close scrutiny, it is indeed possible to find some ‘cracks’ in these sites through which we (...) can look to gain insights into the business processes that operate within them. We have reverse engineered the business processes that operate within some of these sites. From this we have also been able to identify three different business models that are supported by these sites. Our analysis supports important findings about how these sites operate that can be used to inform future strategies to detect and deter contract cheating. (shrink)

In general outline, Astell's A Serious Proposal to the Ladies is well understood. In Part I, Astell argues that women are educable, and she proposes the construction of a women's academy. In Part II, she proposes a method for the improvement of the mind. In this article, I reconstruct and contextualize Astell's arguments and proposals within her theory of mind and her account of the skeptical predicament that she sees as being endemic among women. I argue that Astell's two proposals (...) are best understood as strategies that, when employed, will allow women to critique prejudice and custom. (shrink)

The thought and work of the Jesuit Francisco Suárez (1548-1617) is widely acknowledged as the culmination point of the contribution of the theologians and jurists of the so-called School of Salamanca to the development of modern Western law. This collection of studies on the legal work of Suárez explores some of his major forays into the law. Both his theoretical system-building as well as his interventions in practical questions are covered. Next to discussions on the nature of law and its (...) different categorisations, they extend to various subbranches of the law including family law, property law, the law of obligations, criminal law and international law. Contributors are: Dominique Bauer, Daniel Schwartz, João Manuel Azevedo Alexandrino Fernandes, Lisa Brunori, Wim Decock, Bart Wauters, Gaëlle Demelemestre, and Jean-Paul Coujou. (shrink)

This paper identifies, develops, and argues for an interpretation of Mary Astell’s understanding of self-government. On this interpretation, what is essential to self-government, according to Astell, is an agent’s responsiveness to her own reasoning. The paper identifies two aspects of her theory of self-government: an ‘authenticity’ criterion of what makes our motives our own and an account of the capacities required for responsiveness to our own reasoning. The authenticity criterion states that when our motives arise from some external source without (...) validation by our own understanding of the reasons supporting them, then they are not our own. The capacities requisite for responsiveness to our own reasoning are those of examining and evaluating our own motives and of resisting the social pressure to conform to others’ opinions. An upshot of this interpretation of Astell’s theory of self-government is that it reveals her insights into the ways ‘custom’ can undermine an individual’s ability to govern oneself. (shrink)

The _Biakē _custom, an ancient practice among the Ogoni indigenous people, refers to a system by which certain girls or women are not allowed to marry, but are legitimately allowed to raise children for their parents or family, because of some peculiar circumstances of the household, thus the idea of ‘mothers but not wives.’ However, the _Biakē _practice has been misconstrued with the malapropism called ‘_Sira_-Custom,’ implying a system in which the first daughters are not given out for marriage. (...) This study focused on the philosophical foundation of _Biakē _and its implications on the Ogoni contemporary society. The study discovered that there was never a time in Ogoni history when _Sira _(first daughters) was denied the right to marry out. Every Ogoni daughter is eligible for marriage. The study argues that though the philosophy of _Biakē _emphasizes the continuity of the family/lineage, women serving under _Biakē _and their children may experience psychological trauma due to the absence of a “father figure” and other unmet needs. Using the prescriptive method, this paper advocated for the promulgation of laws, and regulations to modify the _Biakē _custom to accommodate the Ogoni modern-day reality. (shrink)

This article discusses Abū ʽUthmān al-Jāḥiẓ (d. 255/869) (one of the first Muʽtazilī scholars) Allah-world relationship, his understanding of custom, and his view on miracles. The Muʻtazilī thinkers examined the problem of miracles within their concept of prophethood. They divide miracles, which they accept as the only proof of prophethood, into two: those under the power of Allah and under the power of the created. Jāḥiẓ explains these two sorts of miracles with the order in the universe established by (...) Allah and people and expresses this order with the concept of custom (ʻāda). Jāḥiẓ divides custom into three. The first of these is the “qā’im (constant) custom”, which is based on the theory of kumūn-ẓuhūr and expresses the general rules that occur as a requirement of the general functioning in the universe. According to Jāḥiẓ “qā’im (constant) custom” is that knowledgeable people are aware of the custom of the universe. This custom is an order created by Allah in the eyes of intelligent and knowledgeable people, which is continuous and therefore cannot be interrupted, and in which there is no chaos. He states that this order is realized through the natures in the objects, which are knowable to everyone. But rarely a nature in this order can be interrupted due to a situation that takes it out of the natural flow and cannot be explained by natural causes. According to him, this is proof that nature, which has the defining feature of the object, is created by the creator, and maintains its continuity based on an arranged program. However, the creator can involve in this order when necessary. In this type of custom, God’s intervention occurs by breaking the qā’im custom that continues on a regular basis. The second of these is the “regional custom”, which is not known to everyone but only known to people living in a certain area. Jāḥiẓ states that the miracle in this type of custom occurred when Allah broke the custom known to the people in the region. The third of these is “social custom” which is established by people. For Jāḥiẓ, the miracles of this kind are under the power of people. He argues that the miracle in this type of custom occurs with sarfa, that is, by God’s intervention with human’s motive or knowledge. In this study, Jāḥiẓ’s view of miracles is discussed together with his theory of nature, his understanding of custom and sarfa. (shrink)

The science of Kalām aims to prove the existence and attributes of Allah. For this purpose, the theologians adopted a method that turns from the sensible universe to the unseen universe. This method, named as qiyāṣ al-ğāib alā alā al-shāḥid, created a common ground in the discussions with the dissenters. Because the sensible universe is open to human perception in a way that does not allow for denial. From this point of view, the universe, which is defined as "everything other (...) than Allah" in Ashʿarite Kalām, has been discussed in terms of both structure and functioning. Based on the principles determined by the theologians, the universe is said to be composed of substance, accidents and bodies. The said entities are basically constructed in a way that is dependent on each other and on a higher will. Based on this construct, the Ashʿarite tradition preferred to explain the functioning of the universe with the theory of custom. In fact, their basic assumptions about the universe and Allah necessitated this preference. This is because they envision Allah as a fāil al- mukhtār deity with absolute will and power. Everything in the universe, except for the events or situations deemed impossible by the mind, is within His power. In this respect, the universe is described as an area of possibilities. The Ashʿarite tradition, which is based on the nonpermanent nature of accidents, insists that accidents should be recreated at every moment. This basic defense completely reveals the dependence of the universe on Allah. Built on these basic assumptions, the theory of custom uniquely explains the functioning of the universe without imposing any limitations on Allah, who has absolute will and power. This theory, which reflects the Ashʿarite tradition exactly, enables them to explain all theological issues, especially the relationship between Allah and the universe, in a consistent manner. This study aims to examine the basic principles that led the early Ashʿarite tradition to accept the theory of custom by analyzing them under several headings. For this aim, the views of the early Ashʿarite theologians have been identified through a literature review analyzed and interpreted in the context of the matter. (shrink)

This paper explores the nature of the relationship between reasonable variations in moral justifications and universal moral principles. It examines Wiredu’s distinction between custom and morality, and its implications for the issue of moral justification in African cultures. It argues that Wiredu’s distinction does not adequately articulate how universal moral principles are employed in different circumstances to justify actions and judgments. Wiredu’s distinction implies that a conceptual account of moral justification does not involve custom regarding relative facts and (...) cultural norms. The paper defends a variant of the relativism about moral justification that does imply relativism of truth and incommensurability between two culturally relative moral perspectives. It argues that the plausibility of such relativism is contingent on the possibility of conceptual, cognitive, and epistemic universals, and the idea that moral reasoning is a kind of practical reasoning that does not necessarily depend on intellectual rationality. (shrink)

Every science examines the personal accidents of the subject, which it determines as its subject, and the sciences differ from each other in this aspect. However, sciences offer the principles that they prove themselves through the use of other sciences. Sciences take and use the principles of other sciences that they will need, but they do not have to prove these principles in themselves. On the contrary, they entrust this proof to the sciences from which they took their principles. While (...) examining the sources of fiqh and the method of making judgments from these sources, the method of fiqh uses the principles set forth in other sciences in the problems it encounters. One of the sciences in which the method of fiqh takes principles is kalām. Actually, the science of kalām provides principles to all other sciences with the conception of God and the world it reveals. One of these principles is the indeterminist understanding of the world, in other words, the theory of ʽādah (custom). The theory of custom, produced in the tradition of Ahl al-Sunnah Kalām, is a theory that cancels causality and makes all effects in the world peculiar to Allah. According to this theory, Allah operates the universe according to the laws of physics, which are named custom. However, this theory makes it possible for Allah, if He wills, to do extraordinary acts that are described as humanly extraordinary. Since the Fiqh and its Methodology, which is assisted by the science of kalām, is a science that is expected to judge according to the apparent, it seems to be contrary to his identity to make judgments by using the possibilities of the theory of custom. However, like the situation of a person who becomes a Muslim at the last moment of prayer, sometimes things get so tight that it becomes very difficult to judge according to outward appearance. Well, did the methodists look at the outward appearance and decide that this person is not responsible for the prayer of the aforementioned time, or did they come to a different conclusion by using the possibilities of the theory of custom. (shrink)

(2001). Rewriting the Utilitarian Market: Colonial Law and Custom in mid-Nineteenth-Century British India. The European Legacy: Vol. 6, No. 2, pp. 177-188.

IntroductionWind instrument players sometimes suffer from erosion of the mucous membrane of the lip. This is caused by the action and pressure of the mouthpiece of the wind instrument against teeth. To address this problem, a lip shield is fitted over the dental arch to prevent direct contact between the lips and teeth. However, there are a few studies on the influence of the lip shield on the acoustics of wind instruments. The purpose of this study was to analyze the (...) psychoacoustics of a clarinet performance with the player wearing a custom-made soft lip shield to prevent mucosal erosion of the lower lip.Case DescriptionA lip shield was custom-made with a soft thermoplastic material for a female clarinetist who complained of mucosal erosion and pain of the lower lip. The psychoacoustics of her musical performance played in different dynamics, fortissimo, mezzo forte and pianissimo were analyzed, including loudness and sharpness. A self-evaluation questionnaire with items rated on a 10-point scale was administered. After wearing the lip shield, the patient reported that the mucosal erosion and pain of her lower lip when playing clarinet resolved. The lip shield had little effect on the loudness. There was a slight decrease in sharpness when the lip shield was worn compared to when it was not, describing the reduction of high frequencies. Furthermore, fewer variations in sharpness between the tones were observed.ConclusionThe results suggest that lip shields made of soft materials can eliminate mucosal erosion and pain of the lower lip while having little effect on performance, although, a slight change in timbre is possible. (shrink)

Sharia and the Making of the Modern Egyptian: Islamic Law and Custom in the Courts of Ottoman Cairo. By Reem A. Meshal. Cairo: American University in Cairo Press, 2014. Pp. xii + 290. $75.

헤겔은 흔히 현존하는 공동체의 규범을 비난하거나 논박하려는욕망을 포기하라고 가르치는 관습주의자로 간주되곤 한다. 이 글에서 나는 이런 통념과 반대로 헤겔의 인륜성 이론이 ‘현존하는 공동체적 규범을 맹목적으로 따르는 태도’가 유발하는 위험에 대한해법을 찾고자 했던 시도였음을 보여줄 것이다. 이를 위해서 먼저소포클레스의 『안티고네』를 후경에 두고 전개된 『정신현상학』의｢정신｣장의 논의를 간략히 조망한다. 여기서 헤겔은 ‘주어진 인륜적 법칙’들을 맹목적으로 따르는 태도가 윤리적 개인의 정체성은물론이고 일반적인 공동체적 규범의 종말을 초래한다는 사실을 명료히 드러내기 때문이다(1). 이어서 나는 이런 인륜적 습관과 관습의 맹목성이 초래하는 위험에 주목한 헤겔연구자들인 크리스토프멘케(Christoph Menke)와 율리아네 레벤티쉬(Juliane (...) Rebentisch) 가 내놓은 해법의 한계를 비판한다. 감각적 충동의 복원을 제안하는 멘케의 미학적 해법은 주체를 인륜적인 것 ‘바깥의’ 고유성으로이탈하도록 만들기 때문에 부적절하다면, 레벤티쉬의 반성적 아이러니의 해법은 인륜적 규범의 참에 대한 회의적 비판을 지속하도록 만듦으로써 분열 상태를 영구화하기 때문에 불충분하다(2). 이로부터 나는 인륜적 관습주의의 타개를 위한 유력한 헤겔주의적해법은 『법철학』의 서론에 등장하는 자유의지론의 요체를 이루는“자아에 대한 순수한 사유”에 있다는 해석적 테제를 방어한다. 자아에 대한 순수한 사유는 ‘나를 포함한 모든 자아를 보편적 자기동일자의 관점에서 동등하게 바라볼 수 있는 역량’을 가리키기 때문에, 공동체적 규범이 편협한 배타적 관습이 되어 버릴 위기를 가로막는 주체적 힘의 요체를 이룬다(3). (shrink)

One of the interpretive principles Jay Garfield follows in this book is the “cover principle”: “If you are unsure about what Hume is doing, close the book and read the cover”. The principle did not help when I was unsure about what Garfield was doing. The book starts with too many and incompatible goals. Garfield claims that book 2 of Hume’s Treatise is foundational to the entire Treatise and that “by taking Book II as foundational, we come to a reading (...) that reconciles Hume’s skepticism and his naturalism, and that the key to this reconciliation is his communitarianism”. But Garfield also insists that we should read the Treatise “as an early text in cognitive science”. He also maintains that Hume... (shrink)

Given the importance of sympathetic pleasures within Hume’s account of approval and moral motivation, why does Hume think we feel obliged to act justly on those occasions when we know that doing so will benefit nobody? I argue that Hume uses the case of justice as evidence for a key claim regarding all virtues. Hume does not think we approve of token virtuous actions, whether natural or artificial, because they cause or aim to cause happiness in others. It is sufficient (...) for the action to be of a type which has “a tendency to the public good” for us to feel approval of it, and to be motivated to perform it. Once we are aware that just actions tend to cause happiness, we approve of all just actions, even token actions which cause more unhappiness than happiness. (shrink)

Much of the debate about post-secularism has presumed a background of Western countries and the sort of statutory law that legislatures should make, and how they should make it, in the light of residents’ religious attitudes and practices. In this chapter I address a fresh context, namely, that of South Africa and the way that courts have interpreted, and should interpret, law in the face of African traditional religions. Specifically, I explicate the fact that, by South Africa's famously progressive Constitution, (...) religious customs already count as law, and I illustrate how such customary law could work with three court cases related to indigenous African spirituality. Then, I lay out and evaluate the two central arguments that jurists have made in favour of South Africa's Constitutional practice of deeming long-standing religious ways of life to be sources of law. I contend that these influential arguments for customary law, which are substantially individualist, are weak, and also sketch more promising rationales, which invoke more communitarian considerations. My aim is not so much to convince the reader that South Africa’s approach to post-secularism is justified as to identify some argumentative strategies that particularly promise to justify it. (shrink)

Rights are commonly distinguished in African ethics from Western rights according to the distinct ideas of personhood which ground them. However, this sacrifices universality for cultural specificity. Against this approach, I argue that universal rights are better supported by consensual rights recognition. I show how normative justification of rights from consensual recognition is consistent with deliberative ideas of justice in African ethics. Africanist criticism, of individualist bias in Eurocentric interpretations of rights, supports the contention that rights are justified between people, (...) not in personhood. Consensually accredited, recognized critical norms are preferable to rules derived from personhood, for the normative justification of universal rights from African ethics. (shrink)