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1

Battenberg, J. Friedrich. "Normative Entwicklungen der christlich-jüdischen Beziehungen in Frankfurt im Spätmittelalter." Aschkenas 32, no. 1 (April 27, 2022): 1–31. http://dx.doi.org/10.1515/asch-2022-0006.

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Abstract Social historical research assumes that Jewish living conditions of the imperial city Frankfurt had substantially deteriorated since their ghettoization in 1462. This deterioration announced itself normatively thirty years before against the backdrop of ecclesiastical demand for visible division regarding clothing and housing. It is a fact less known. This development had started with citizenship no longer being granted by the city council to Jews but they were mere inhabitants (»Beisassen«) protected by »Stättigkeit« which was then valid for all Jews. By which, in its first general version 1424, the old state of rights was still mirrored in order to limit successively from 1439 the rights of Frankfurt’s Jews. Finally, in the version of 1474, the council abandoned its autonomous municipal statuary law for ruling Jewish matters as far as it was not in accord with »Christian order« and »common law« which is canon law and Roman law, »Ius Commune«. So this meant in fact that the council submitted to the norms of Adversus-Judaeos of Papal church. The continuing imperial »Kammerknechtschaft« (Chamber serfdom) which was to secure the influence of emperor and empire could not keep back this process of detoriation of law.
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2

Battenberg, J. Friedrich. "Normative Entwicklungen der christlich-jüdischen Beziehungen in Frankfurt im Spätmittelalter." Aschkenas 32, no. 1 (April 27, 2022): 1–31. http://dx.doi.org/10.1515/asch-2022-0006.

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Abstract Social historical research assumes that Jewish living conditions of the imperial city Frankfurt had substantially deteriorated since their ghettoization in 1462. This deterioration announced itself normatively thirty years before against the backdrop of ecclesiastical demand for visible division regarding clothing and housing. It is a fact less known. This development had started with citizenship no longer being granted by the city council to Jews but they were mere inhabitants (»Beisassen«) protected by »Stättigkeit« which was then valid for all Jews. By which, in its first general version 1424, the old state of rights was still mirrored in order to limit successively from 1439 the rights of Frankfurt’s Jews. Finally, in the version of 1474, the council abandoned its autonomous municipal statuary law for ruling Jewish matters as far as it was not in accord with »Christian order« and »common law« which is canon law and Roman law, »Ius Commune«. So this meant in fact that the council submitted to the norms of Adversus-Judaeos of Papal church. The continuing imperial »Kammerknechtschaft« (Chamber serfdom) which was to secure the influence of emperor and empire could not keep back this process of detoriation of law.
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3

Mochalova, Victoria. "Jewish Minority in the Context of Polish Law." Slavic & Jewish Cultures: Dialogue, Similarities, Differences, no. 2018 (2018): 76–91. http://dx.doi.org/10.31168/2658-3356.2018.7.

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Prohibitions and regulations in Poland, later Poland-Lithuania played a special rule-making and regulatory role, regulating all possible aspects of coexistence of Jews and non-Jews, including situations of conflict – this is the domain of secular and church legislation, decrees. lawsuits. Jews in Polish lands existed under conditions of a rather complex legal system, they became subject to various legal tendencies, as shown in the article by various examples, but they always respected the laws of the country and tried to follow both the prohibitions and the prescriptions contained therein.
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4

Masyukova, Irina. "Contemporary Israel: Peculiarities And Problems of Jewish Immigration." Oriental Courier, no. 4 (2023): 87. http://dx.doi.org/10.18254/s268684310029255-8.

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The paper deals with the peculiarities of Jewish immigration of the latest period — the increase of Non-Halakha Jews under the conditions of intensity of extremely right-wing and ultraorthodox tendencies in Israel. The author analyses the problems of Non-Halakha Jews and difficulties of their solutions (conversion to Judaism, secular marriage). The growth of confrontation between secular and religious Israel is emphasized. Special attention is paid to the demands of ultraorthodoxes to reform the Law of Return (to ban the immigration of grandchildren etc.). The author notes the peculiarities of immigration policy of the government in connection with the Ukrainian conflict. The reaction of Israeli society with regard to new “wave” of Jewish immigration in 2022–2023 is emphasized. Finally, it is concluded that under the pressure of extremely right-wing and ultraorthodoxes, there the deterioration of the internal political situation in the country and the restriction of Jewish immigration is to be expected.
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5

Benjamin, Mara H. "“There Is No ‘Away:’” Ecological Fact as Jewish Theological Problem." Religions 13, no. 4 (March 28, 2022): 290. http://dx.doi.org/10.3390/rel13040290.

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The “second law of ecology”—that all matter remains part of the earthly ecosystem—poses a theological challenge to Jewish monotheisms. Climate change has further underscored the urgency of understanding and acting in light of the interconnected materiality of the world. Yet Jewish theological discourse has remained largely detached from broader planetary conditions and from the metabolization of these conditions in the environmental humanities. The few contemporary Jewish theologians who recognize ecological crisis as worthy of comment have largely responded to it by propping up apologetic accounts of Jewish theology and ethics that rely on a construction of the divine as outside of the world. I argue that ecological crisis reveals the inadequacy of extant approaches to Jewish theology, which either promote ethical monotheism and a stewardship model of relation to the nonhuman world or claim to promote divine immanence while nonetheless reinscribing human dominion.
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6

Fishbayn, Lisa. "Gender, Multiculturalism and Dialogue: The Case of Jewish Divorce." Canadian Journal of Law & Jurisprudence 21, no. 1 (January 2008): 71–96. http://dx.doi.org/10.1017/s0841820900004331.

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Can the law act as a catalyst to change minority practices that discriminate against women? Can civil law merely impose remedies from outside the minority culture or can legal mechanisms be devised which spur internal change? Theorists of gender and multiculturalism have argued that civil law can play a role in creating the conditions which allow, and indeed compel, cultural communities to engage in internal dialogue to transform their norms into more egalitarian ones. This article explores this thesis through considering the development of Canadian civil family law remedies to alleviate the plight of women whose husbands use their power to withhold divorce under Jewish law to extort advantages in civil divorce settlements. It considers whether the process of negotiating, drafting and implementing amendments to the Divorce Act has supported the renegotiation of norms in the Canadian Orthodox Jewish community regarding the issuance of divorce decrees, the development of novel solutions or the re-invigoration of traditional forms of religious legal authority. In particular, the article evaluates whether these civil law strategies have had the effect of generating the sort of transformative dialogue about norms envisioned by theorists of multiculturalism and gender.
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7

Gray, Hillel. "Not Judging by Appearances: The Role of Genotype in Jewish Law on Intersex Conditions." Shofar: An Interdisciplinary Journal of Jewish Studies 30, no. 4 (2012): 126–48. http://dx.doi.org/10.1353/sho.2012.0083.

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8

Chowers, Eyal. "Israel’s ‘Nationality Law’: Reconsidering Settlement, Citizenship and Ethics in the Context of Occupation." Journal of Holy Land and Palestine Studies 21, no. 1 (April 2022): 72–98. http://dx.doi.org/10.3366/hlps.2022.0284.

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In 2018, the State of Israel enacted a new constitutional law: ‘BASIC LAW: ISRAEL-THE NATION STATE OF THE JEWISH PEOPLE’. The Law reflects diverse Zionist ideologies which were nevertheless all ‘land-centered’ rather than state-centered from an early stage; it reformulates that intellectual tradition, however, promoting Jewish settlements in conditions of occupation and celebrates, for the first time, settlement as the prime and exclusive goal of the state. Partly to facilitate this goal, and to further blur borders, the law also contracts the meaning and status of Palestinians’ citizenship in Israel, thus at least symbolically narrowing the (still significant) political-legal gap between these citizens and the Palestinians living in the West Bank. Finally, the Law seems to vacate the state from its ethical dimension and commitments as defined by its Declaration of independence (1948) — including its commitments to the democratic principles of political liberty for all and equality — thus manifesting the influence ruling and subjugating others through military government is having on Israel’s constitutional framework.
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9

DAVID, JOSEPH E. "Beyond the Janus Face of Zionist Legalism: The Theo-Political Conditions of the Jewish Law Project*." Ratio Juris 18, no. 2 (June 2005): 206–35. http://dx.doi.org/10.1111/j.1467-9337.2005.00295.x.

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10

Haliwa, Pinhas. "Laws of Succession Ordinances by the Religious Leadership of Sephardi and Moroccan Jewish Communities and Their Economic, Social and Gender Implications." Religions 14, no. 7 (June 22, 2023): 819. http://dx.doi.org/10.3390/rel14070819.

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This paper discusses the innovativeness of the Inheritance Ordinance introduced in Toledo during the 12th century and later reintroduced in Fez in Morocco following the expulsion of Jewish communities from Spain and Portugal. Community leaders in Toledo, and after the expulsion also in Fes, transformed the laws of succession established in biblical times by granting women equal rights on matters of inheritance by marriage. The ordinance also granted unmarried daughters the right to inherit alongside their brothers despite the fact that, according to biblical law, daughters do not inherit when there are sons. Inheritance ordinances had significant social, financial and gendered implications on Jewish lives in many communities. The study will show that leaders of Sephardi Jewish communities were nothing less than advanced in their innovative and unprecedented ordinances related to women’s inheritance. Their innovativeness followed a number of preliminary conditions which enabled it. First and foremost was the authority vested in these Jewish leaders by the monarchy in various parts of Spain and Portugal. The laws of the kingdom in these countries granted women equal rights in succession laws. So as to avoid significant differences and reduce legislative gaps, ordinances were issued to correspond with national realities. Spain had been the world’s center of Jewish Halacha following the period of the Geonim—the heads of the ancient Talmudic academies of Babylonia and its sages—, and the Sephardic sages felt that their position allowed them to make bold decisions. The most innovative Jewish ordinance issued in this regard back in the 12th century was the Tulitula ordinance, originating from the city of Toledo, home to one of the largest and most affluent Jewish communities of the time. The regulation granted wives rights over their husbands’ inheritance regarding property established during their joint lives, as well as property which she had brought with her to the marriage. Following the Expulsion of Jews from Spain, the expelled sages, arriving in Morocco, reinstated the Tulitula ordinance in the newly established community of the city of Fez, further improving women’s position beyond the provisions of the original regulation. The new circumstances following the expulsion resulted in many Jewish communities in Morocco adopting the new version of the regulation. As they had been forced to wander from place to place, the expelled communities encountered severe problems involving family law. The ordinances spread throughout nearly all Jewish communities in Morocco. In the 19th century, a number of changes were introduced to the Fez ordinances, which in practice diminished women’s inheritance rights. However, the essence of the original ordinance was ultimately assimilated into Rabbinical and Supreme Court rulings of the State of Israel, due to its suitability to Israel’s modern inheritance laws and to the legislation of the Women’s Equal Rights Law in 1951. The leadership of Spanish sages and community leaders in various countries and of rabbinical judges in Fez, Morocco, had been both charismatic and rational and included modern components for coping with social change and new realities under the Kingdoms of Spain as well as following the expulsion.
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11

Kleinman, Ron S. "The Halakhic Validity of Israel’s Judicial System among Israeli Ultra-Orthodox Halakhic Decisors." Review of Rabbinic Judaism 18, no. 2 (July 8, 2015): 227–59. http://dx.doi.org/10.1163/15700704-12341286.

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This paper examines the approaches of three Israeli ultra-Orthodox halakhic decisors and rabbinical judges to civil law and adjudication in Israel. Based primarily on Israel’s building and condominium housing laws, it reveals that the approaches of these decisors appear largely to reflect their distinctive ideological and sociological stances towards Israeli civil law and its civil judicial system. Rabbis Israel Grossman and Shmuel Wosner confer halakhic validity on construction that is in violation of civil law, justifying it on the need to enlarge flats due to large family size and crowded conditions. On the other hand, Rabbi Asher Weiss objects to illegal building work, viewing it as “bad custom.” He maintains that religious Jews should serve as civil court lawyers and judges, regarding this as a holy undertaking. His attitude towards the civil judicial system is more sympathetic than that of Rabbis Grossman and Wosner. In each of their views, these Rabbis bring to their interpretation of Jewish law sources their distinctive ideological perspectives towards modern Israel’s civil law.
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12

Madera, Adelaide. "Juridical Bonds of Marriage for Jewish and Islamic Women." Ecclesiastical Law Journal 11, no. 1 (December 10, 2008): 51–64. http://dx.doi.org/10.1017/s0956618x0900163x.

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This paper examines the condition of women in both Israel and Islamic countries, specifically their freedom to leave a marriage, and compares respective models. First, the study analyses the peculiar relationship between secular and religious law in Israel and Islamic countries. Second, it studies the nature of marriage as a contract in these legal systems, comparing a totally private approach and a mixed, public–private approach. Third, it analyses the possibilities of dissolution of marriage in such legal systems, indentifying some aspects of gender disparity. Finally it discusses some juridical tools offered in these legal contexts, which are intended to rebalance the exercise of a woman's freedom to leave a marital relationship and its conditions.
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13

Hill, Peter J. "The religious origins of the rule of law." Journal of Institutional Economics 16, no. 3 (December 20, 2019): 305–18. http://dx.doi.org/10.1017/s1744137419000730.

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AbstractThe background conditions for the emergence of the rule of law are important but underdeveloped. This paper discusses current theories of the origin of the rule of law, arguing that they are useful but incomplete. In addition to those theories, the Jewish and Christian concept of all human beings as God's image bearers is an important contributor to the rule of law in Western civilization. The formulation of universal human equality is not, however, a sufficient condition for the emergence of the rule of law. The concept has taken centuries of articulation in different institutions and social settings. It only reached full fruition when it was joined with an understanding of appropriate legal and political systems as expressed by political theorists such as Locke, Montesquieu, and Madison.
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14

RABAYA, Ibrahim Hosni, and Aziz M. AL-ASSA. "THE JEWS AT JERUSALEM IN THE SIXTEENTH CENTURY ACCORDING TO THE OTTOMAN SIJILLS OF THE SHARI'A COURT IN JERUSALEM SIJILL NO. (28) AS A MODEL." RIMAK International Journal of Humanities and Social Sciencesis 4, no. 3 (May 1, 2022): 152–66. http://dx.doi.org/10.47832/2717-8293.17.10.

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This scientific paper aims to identify the conditions of the Jews of Jerusalem during the Ottoman period in the sixteenth century, through delving into the intensified data included in one of the sijills of the Shari’a Court of Jerusalem, namely Sijill no. (28) Covering the period (27 Rabi` al-Awwal 961 AH/March 2, 1554 AD - Muharram 13, 962 AH / December 7, 1554 AD), since it contains documents of great importance on Jews. Those documents vary, and include criminal and legal issues, and financial transactions, such as: debts, promissory notes, purchasing and selling transactions, buying and selling deals pertaining to houses in the "Jewish Quarter" in the old city of Jerusalem, which was a residence for all people and demoniations. This study also sheds light on the leading role of the Ottoman state in monitoring the Jews, in accordance with the Ottoman law, in light of the of Rights and Duties law in force at the time. The paper concludes with the results and recommendations reached by the authors of this rigorous scientific paper will be presented, the most important of which is the Ottoman state's keenness to prevent Jews from approaching the blessed Al-Aqsa Mosque under all circumstances, and the Al-Buraq (Western) Wall in particular, which is not mentioned in any sijill at all. Key words: Sijills of the Sharia Court of Jerusalem, Jews in Jerusalem.
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15

Marshall, I. Howard. "Salvation, Grace and Works in the Later Writings in the Pauline Corpus." New Testament Studies 42, no. 3 (July 1996): 339–58. http://dx.doi.org/10.1017/s0028688500020828.

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Until 1977 it was commonly believed that when New Testament writers affirmed that justification or salvation was not by works but by faith, they were opposing a view that was assumed to be held by first-century Jews, namely that admission to the saved community could be achieved on the basis of conditions which included performing good deeds or fulfilling the duties required by the Jewish law; the effect of these was to acquire merit on account of which God would accept the person and not take their sins into account. Over against this view the early Christians, and especially Paul, taught that salvation was to be received solely as a result of the gracious action of God himself and consequently by faith alone; such faith was in no sense some kind of human achievement but rather a dependence upon God himself.
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16

Kritzman-Amir, Tally. "“Otherness” as the Underlying Principle in Israel's Asylum Regime." Israel Law Review 42, no. 3 (2009): 603–27. http://dx.doi.org/10.1017/s002122370000073x.

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This Article aims to provide the first thorough description of the developing asylum system in the State of Israel. It argues that despite the inherent moral and doctrinal differences between asylum and immigration regimes, the Israeli asylum system is essentially an extension of Israel's immigration and citizenship regime, which excludes the non-Jewish refugees and frames the refugee as the “other;” with the Palestinians and other enemy nationals facing maximum exclusion. While this phenomenon is not uncommon in today's world, which suffers from “compassion fatigue,” diluted protection, and adherence to national self-interest, the Israeli example is exceptional for a number of reasons: 1) it came into being only decades after the rest of the democratic developed countries developed their asylum systems; 2) it is rooted in challenging—albeit not exceptional—geo-political conditions; and 3) it works against the background of a very unique immigration law.
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17

Najman, Hindy, and Tobias Reinhardt. "Exemplarity and Its Discontents: Hellenistic Jewish Wisdom Texts and Greco-Roman Didactic Poetry." Journal for the Study of Judaism 50, no. 4-5 (November 6, 2019): 460–96. http://dx.doi.org/10.1163/15700631-15051303.

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AbstractThis article sets up a dialogue between two bodies of ancient texts, i.e. Jewish wisdom literature and Greco-Roman didactic of the Hellenistic period, with an awareness of the scholarly and interpretive communities that have studied, taught and transformed these bodies of texts from antiquity until the present. The article does not claim direct influence or cross-pollination across intellectual, religious or social communities in the Hellenistic period. Instead, the article suggests four discrete frameworks for thinking about comparative antiquity: creation, the law, the sage and literary form. The comparative model proposed here intends to create the conditions for noticing parallels and kindred concepts. However, the article resists the temptation to repeat earlier scholarly arguments for dependency or priority of influence. Instead, the essay demonstrates remarkable alignments, suggestively similar developments, and synergies. Perhaps, the ideal first reader for this article is none other than Philo of Alexandria.
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18

Magen, Stefan. "Naturalizations Obtained by Fraud – Can They be Revoked? The German Federal Constitutional Court's Judgment of 24 May 2006." German Law Journal 7, no. 8 (August 1, 2006): 681–704. http://dx.doi.org/10.1017/s2071832200005010.

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Like many of the provisions of the German Grundgesetz (Basic Law – GG) the constitutional protection of German citizenship enshrined in Article 16.1 GG is a reaction to the atrocities committed by Nazi-Germany. From early on, the Nazis had abused nationality law not only as a sanctioning device to discipline Germans living abroad but also to ostracize unwanted citizens and confiscate their property, i.e., as a means of large scale political and racial discrimination. This inhuman denaturalization practice culminated in the 11. Verordnung zum Reichsbürgergesetz (11th ordinance of 25 November 1941, issued by virtue of the Reich's Citizenship Law), which stripped Jewish citizens living abroad of their German nationality, aiming inter alia at Jews deported to concentration camps in Eastern Europe. To prevent any kind of political abuse of denaturalization measures in the future, Article 16.1 sent. 1 GG guarantees that no German may be deprived of his nationality. There is a long-standing debate about the precise meaning of this strict ban on any “deprivation” of nationality, because at the same time Article 16.1 sent. 2 GG allows for the loss of German nationality against the will of the person affected if this loss has a statutory basis and the person does not become stateless as a result. Thus, it is unclear whether the constitution permits a revocation of German citizenship, and if so under what conditions. Further, this debate broaches the questions of whether there are, in fact, exceptions to the constitutional protection against statelessness, e.g., in cases of fraud.
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19

Taranovska, Alona O. "GENESIS AND CONCEPTUAL FOUNDATIONS OF MUSLIM LAW." Bulletin of Alfred Nobel University Series "Law" 1, no. 6 (July 14, 2023): 19–26. http://dx.doi.org/10.32342/2709-6408-2023-1-6-2.

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The article is devoted to the problem of defining the conceptual foundations of Muslim law, inherent in its characteristic features. Emphasize the importance of studying the theological ideas of Islam, as they permeate legal concepts, forming a different "vision" of legal phenomena and legal reality. Attention is drawn to the relevance of scientific knowledge of Islamic religious doctrine in the conditions of modern trends, as a powerful ideological vector of the development of Muslim law, regardless of the inherent conservatism of Islamic society. In addition, the idea of the dualistic nature of Muslim law and its multifaceted nature is asserted, which is based on the conclusions of prominent legal scholars and religious scholars of the past and present, such as Abu Hanif, A. Ibn Khaldun, J. Schacht and others. The article presents the conclusions of the well-known modern scientist Benjamin Jokish regarding the borrowing of legal ideas of Jewish law, Roman law and Byzantium by theorists of Muslim law. The author, in general terms, reveals the issue of the genesis of Muslim law, in particular, the periodization of Muslim law is mentioned as a generalization of the historical stages of its existence, the role of legal schools (madhabs) in the process of the development of Muslim law is noted. The issue of distinguishing between the concepts of "Sharia" and "Fiqh" is also highlighted separately, attention is appropriately paid to the changing role of these two categories in the theory of Muslim law, since, first of all, the subject field of Fiqh began where the field of Sharia ended, which later acquired a different meaning. The field of research on the sources of Muslim law does not lose its relevance, in addition to the Qur'an and the Sunnah, the knowledge of the meaningful essence of ijtihad as a source of Muslim law derived from the Qur'an and the Sunnah, which is a functional tool for solving controversial issues of human existence and social life in general, acquires special importance.
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Abed-Elgani, Sonia, Tamar Trop, Saher Ali, and Boris A. Portnov. "Factors Affecting the Willingness of Arab Residents in Israel to Pay for Green Buildings: Results of a Survey among Potential Homebuyers in Acre and Nazareth." Sustainability 16, no. 2 (January 5, 2024): 491. http://dx.doi.org/10.3390/su16020491.

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Green buildings (GBs) enable the efficient use of resources while minimizing environmental impacts. Yet, GBs’ worldwide uptake is still hindered by various barriers, including the perception of being significantly more expensive than conventional ones. In Israel, several studies have investigated the willingness of prospective homebuyers to pay price premium (PP) for GBs and the associated affecting factors. However, these studies focused solely on the Jewish population and no similar study was carried out in the Arab sector. The present study attempts to bridge this knowledge gap by conducting a face-to-face survey among 215 potential Arab homebuyers in two cities in Israel characterized by a high percentage of Arab residents. Study results were compared to those found in a previous study in the Israeli Jewish sector. Findings indicate that despite their lower familiarity with the GB concept and attributes, prospective Arab homebuyers are willing to pay a much higher PP (10.56% compared to 6.58%) for purchasing a green apartment. This unexpected finding may be attributed to the higher motivation that Israeli Arabs have to improve their housing conditions and social status, which can be related to their larger households, higher household crowding, and stronger perception of housing as a long-term investment.
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Bondarenko, Halyna. "New Aspects of Religious Life in Ukraine in the Conditions of the Social Challenges of the 21st Century." Folk art and ethnology, no. 1 (February 28, 2022): 9–17. http://dx.doi.org/10.15407/nte2022.01.009.

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The changes in religious life of Ukrainian society of the 21st century are analysed in the article. Problems of church-state relations transformation, significance of religious-cultural heritage, confessional diversity and religious influence on society remain relevant not only in Ukraine, but in Europe as a whole. The peculiarity of Ukrainian religious life of the time period studied consists in its denominational diversity provided by law. Connection between religious affiliation and national identity in Ukrainian society, documented by researchers, is not only found in Orthodox midst, but also in Catholic, Islamic and Jewish religious communities. The Revolution of Dignity has become a turning point in the activity of church organizations. Many Prayerful Maidans, held during that time in various Ukrainian cities, are ecumenical in nature. The concept of Maidan theology has appeared and become widely used. It is introduced by the theologian Kyrylo Hovorun. This process has confirmed the necessity for church to start work in the direction of dialogue with society. Civic attitude of church leaders and social doctrine of the church have experienced significant changes because of military events in the Eastern Ukraine. Interconfessional consolidation of religious communities and believers on the principles of patriotism has taken place in the conditions of threat of the state security loss. The religious landscape of the country has been changed because of the territories loss and migration processes: a number of Protestant and Muslim communities is decreased on the occupied territories. The representatives of various denominations provide humanitarian aid to the wounded, displaced persons and the residents of the so-called Grey Zone. Military chaplaincy has become widespread and established by law. Receiving of the Tomos in 2018 and creation of the Orthodox Church of Ukraine has become a significant geopolitical event, assessed by the public opinion as an act of justice restoring, restitution of its historical heritage to Ukrainian church. Covid-19 pandemia has corrected the development of the country’s religious life, influencing both the level of common religiosity of the population and social stability in general. The significance of digital technologies in churches’ activity has increased during this time. Virtual liturgies and public prayers have hundreds of thousands of views (especially on holidays), social media vaccine discussions, video addresses of religious leaders to the flock in connection with key social events testify the population interest in church issues and importance of the religious factor in modern Ukrainian society.
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Ľudovít, Hallon. "Revolúcia majetková a vlastnícka 1938–1948 (Rozklad vlastníckych práv na Slovensku a v ČSR – celkový vývoj)." Česko-slovenská historická ročenka 25, no. 2 (2023): 123–51. http://dx.doi.org/10.5817/cshr.2023.25.2.6.

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The common denominator of the development of the economy and property relations in the territory of Slovakia and the former Czechoslovakia in the years 1938– 1948 was the process of disruption and subsequent dissolution of private property and property rights of individual population groups against the background of the genesis of two totalitarian regimes, which gradually shaped and promoted the idea of a revolutionary change of ownership. At the same time, this process was implemented in connection with international state law, national-political, economic-political, military-political and social developments. He followed up on the state‘s interventions in property rights in the conditions of interwar Czechoslovakia, especially the land reform. However, a characteristic phenomenon after 1938 was the radicalization of programs to change ownership relations, the premise of which was the radicalization of the political systems of the time. The changes in ownership gradually took the form of the Arization of Jewish property, the confiscation of the property of persons and entire national groups actually or allegedly collaborating with the wartime totalitarian regime and Nazi Germany, further the form of nationalization of the corporate sphere and the form of radical land reform.
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23

Kampf, Ronit, and Nathan Stolero. "Learning About the Israeli–Palestinian Conflict Through Computerized Simulations." Social Science Computer Review 36, no. 1 (December 16, 2016): 125–34. http://dx.doi.org/10.1177/0894439316683641.

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This study investigates the learning outcomes of a computer game, called Global Conflicts, simulating the Israeli–Palestinian conflict. The research compares learning outcomes of Israeli–Jewish, Palestinian, Turkish, and American undergraduate students, differentiating between direct and third parties to the conflict. Learning is measured by (1) knowledge acquisition about the conflict and (2) attitude change regarding the conflict. Findings show that participants acquired knowledge about the conflict after playing the game. The game minimized the knowledge gap between third parties to the conflict (Americans and Turks) but not between direct parties to the conflict. In addition, direct parties to the conflict did not change their attitudes toward the conflict and the Gaza operation of 2012, while the attitudes of third parties became more balanced. This study has implications for the scholarship on pedagogy and teaching assessment in the context of peacebuilding. It is part of a series of studies analyzing the effects of computerized simulations on peacebuilding, and further research is necessary to understand under what conditions technology can be used as an effective peacebuilding intervention.
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Sapunkov, A. A., and N. A. Sapunkov. "The right of emphyteusis in the history of the Russian state (the late 15th – early 20th century)." Law Enforcement Review 5, no. 1 (April 17, 2021): 16–31. http://dx.doi.org/10.52468/2542-1514.2021.5(1).16-31.

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The subject. The law of emphyteusis was studied in the Russian Empire in the middle of 19th – beginning of 20th century due to practical significance. The interest in this subject began to revive at the beginning of the 21st century, the first few publications appeared, but they were mostly replicas of Imperial period studies. The law of emphyteusis in Russia before the middle of the 19th century is not researched sufficiently. The purpose of the study is to confirm or disprove hypothesis that the law of emphyteusis was initially implemented in the system of Russian law as a legislative institution, but since the middle of the 19th century it has acquired the status of a local legal custom. The Russian state, having preserved the former system of civil law (the Lithuanian Statute) in the Western lands annexed from Lithuania and Poland, created the basis for the formation of a different system of legal awareness among a part of the population, thereby consolidating the dichotomy of the Empire and the Western provinces. Since the issue of land ownership is a key issue for feudal society, the law of emphyteusis is the most striking example of the split in the unity of the legal system of the Russian state. The methodology. The study is based on a combination of formal-legal and historical-legal methods: the methods of historicism, synchronous and diachronic comparison allow us to get an idea of the socio-political conditions in which the law of emphyteusis was formed and functioned. The main results, scope of application. The institute of emphyteusis (Latin – сensus, German – zins, Polish – czynsz) was formed on the basis of the reception of Roman and Byzantine law in the feudal law of a number of European States. Emphyteusis comes to the PolishLithuanian lands as an element of German law. The article describes the socio-political processes in the territories annexed by Russia from the Polish-Lithuanian Commonwealth, where the right of emphyteusis was preserved in the middle of 17th - first half of the 19th century as a local civil law under the Lithuanian Statute system. After the abolition of the Statute of Lithuania (1840) an emphyteusis preserved as a regional legal custom. The analysis of legislation and law enforcement practice on the issue of emphyteusis on the borderlands of the Russian state is carried out. The ineffectiveness of the state policy on the elimination of emphyteusis is noted. Conclusions. The revealed specifics of the development of emphyteusis in the Russian Empire are extremely poorly studied, although they indicate far-reaching consequences in the system of forming the legal consciousness of Russian, Ukrainian, Belarusian, Jewish (Ashkenazi) and other peoples.
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Danskikh, Siarhei. "REGIONAL MODELS OF URBANIZATION AND NATIONAL IDENTITY DEVELOPMENT (CASE STUDY OF BELARUS)." CREATIVITY STUDIES 1, no. 1 (June 30, 2008): 88–98. http://dx.doi.org/10.3846/2029-0187.2008.1.88-98.

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The article discusses the influence of the process of urbanization on the Belarusian nationality. Due to some historical conditions the Western cities‐communes have not formed in Belarus. At the beginning of the New Ages the Belarusian city has had Magdeburgian law and the trading relations, it has been the centre of the political life, the residence of the State officials and the provinces. Through the social‐economical backwardness of the Russian empire the peasants of Belarus could not move into the towns from the country. The towns and the cities in Belarus were not Belarusian but Jewish and Polish ones. Due to the World War II there have emerged the Polish Holocaust, repatriation and the Soviet industrialization which have made some auspicious conditions for the overtaking modernization in Belarus. During only one generation the peasant Belarusian nation has become the urban one. Such overtaking process of the urbanization has been preventing the formation of the standards and the traditions of the Belarusian city. The basis of the social and cultural life of Belarusians has been forming the traditions of the Soviet culture. That is why we can come to the conclusion that the overtaking modernization is closely related to the radical changes of the national identity. The more overtaking is modernization of the cities and the whole State, the more dangerous is the deprivation of the national peculiarity. The nation whose spiritual life is not utterly formed can hardly successfully adapt itself to the social and economical changes, which are determined by the overtaking modernization. These alterations do absolutely not correspond to its spiritual way of life.
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26

Umiel-Feldman, Shani. "Identity Encounters in Public Spaces—Military Service as a Legally Binding Public Space. The Case of Women’s Singing in the Israel Defense Forces." Religions 11, no. 4 (March 30, 2020): 159. http://dx.doi.org/10.3390/rel11040159.

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The term ‘Public Sphere’ is used to distinguish it from the private. Here, we will use the term ‘Public Spaces’ to distinguish between various types of public spheres, differing from one another not only in their controlling identity, but also in the level of obligation to be in them and the extent in which they demand obedience from their participants. The new typology proposed in this paper conceptualizes the Israel Defense Forces [IDF] as a legally binding Public Space, using the case study of the Jewish religious law prohibiting Orthodox men to listen to a woman’s singing voice. This prohibition has sparked a strong public controversy and ongoing clashes between the army and religion. The case study illustrates a wide range of confrontations over the identity of the IDF’s space. While examining similar cases in other armies around the world, the paper presents a model explaining the terms and conditions for disputes on the nature of Public Spaces around the world, and when to expect confrontations between identities in different Public Spaces. Finally, the paper attempts to predict the extent and scope of such confrontations, on four dimensions: (a) The level of obligation to be in the Public Space; (b) the level of greediness of the Public Space; (c) the level of heterogeneity of identities within the Public Space; and (d) the level of personal identity greediness of persons and groups whose identity differs from the hegemonic identity in the public space.
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27

Dedurin, G. G. "International legal determination of the national minorities’ status in the Central and Eastern European countries within the Versailles system." Bulletin of Kharkiv National University of Internal Affairs 97, no. 2 (June 30, 2022): 269–80. http://dx.doi.org/10.32631/v.2022.2.24.

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Peculiarities of the international legal status determination of the national minorities within the Versailles system have been studied using the example of a number of Central and Eastern European countries. The governments of Czechoslovakia, Poland, and Hungary were asked, based on the norms of international law, to develop appropriate provisions for the protection of the rights of national minorities in order to prevent new conflicts and threats to peace. The system of treaties, declarations and agreements, which were supposed to ensure the observance of the rights of national minorities and whose guarantor was the League of Nations, has been analyzed. In practice, this was embodied in giving minorities the right to submit petitions to the Council or Assembly of the League of Nations, as well as in the activities of the Permanent Chamber of International Justice. The right to submit petitions was used at different times by representatives of the Ruthenian minority in Czechoslovakia, the Russian minority in Eastern Galicia, the Jewish minority in Hungary, the German minority in Poland, etc. The weaknesses of this system have been identified, which prevented the creation of effective international mechanisms for the protection of the rights of national minorities in the specified regions of Europe. In particular, it has been emphasized that the majority of treaties, conventions, treatises, etc. were openly sabotaged by the countries that were supposed to fulfill them. The governments of the countries of Central and Eastern Europe considered the proposed system unequal, because its conditions did not apply to a number of other multinational states that had similar problems. Conflict situations surrounding the problem of national minorities continued to arise. They were caused by various factors: from divided loyalties and irredentist movements to manifestations of governmental and social discrimination.
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28

Moisa, Gabriel. "Perceptions of the bolshevik danger at the western border of Romania in the interwar period." Revista de istorie a Moldovei, no. 3-4(131-132) (November 2022): 55–68. http://dx.doi.org/10.58187/rim.131-132.04.

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At the western border of Romania, the communist-Bolshevik ideology made its presence felt at the end of 1918 on the Hungarian chain, in the conditions of ideological turmoil of this type generated by the Bolshevik socialist group in Budapest formed around Kun Béla. In Oradea there was a socialist group even before the First World War. Its leader was Katz Béla in the fall of 1918. Bolshevik ideas were often spotted in the county in the immediate future, facilitating the formation of a fairly important communist group throughout the interwar period. At the end of 1919, the socialist leader Eugen Rozvany, recently returned from the front, a member of the Socialist Party of Transylvania and Banat, made his presence felt in Oradea. He joined the communist movement in 1920, where he held an important position until his departure to the USSR in 1932, placing himself at the head of the Bihor and even national communist movement. He was the one who seriously imprinted the communist movement in Bihor and beyond. Breiner Bela was added immediately. Along with them, new leaders were formed who turned to communism in a very short time, such as Sándkovitz Sándor (Alexandru Sencovici) and Mogyorós Sándor (Alexandru Moghioroş). Oradea and Bihor played an important role in the national communist movement. This is demonstrated by the fact that after the Second Congress of the Communist Party of Romania, held in 1922, the communist movement in the country was organized into eight regional secretariats. One of them was in Oradea. The Communist Party of Romania, the Bihor county organization, was a political structure overwhelmingly dominated in the interwar period, as can be seen, by members of the Hungarian and Jewish communities. They made the law in the organization, and if someone did not agree with its conduct, he was quickly shot dead. This is also the case of Eugen Rozvany, who, when he had a different position from the local communists on “the self-determination of the peoples of imperialist Romania”, he supported the idea of the Romanian national state, was unmasked, removed from the party, whose fate was sealed.
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Halilović, Safvet. "ISLAMIC TRADITION OF BOSNIAKS AS AN EXAMPLE OF INTERRELIGIOUS TOLERANCE AND COEXISTENCE." Zbornik radova 17, no. 17 (December 15, 2019): 187–204. http://dx.doi.org/10.51728/issn.2637-1480.2019.17.187.

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Ever since the advent of Islam in these areas Bosniak Muslims have been members of the main stream of Islam (ar. Ehlu-s-sunne ve-l-jama, bos. Ehli-sunna) and when it comes to religious partial fiikh (ritual) matters they have followed one of the oldest mezhep (law schools) that originated in Islam, the hanefi mezhep. Thus, for almost six centuries, Bosniaks, as indigenous European Muslims, have had their own religious tradition, which, despite going through different, often very difficult stages (wars, exile, occupation, dictatorial regimes, isolation from the Muslim world, etc.), has managed to maintain a high degree of originality and foundation in the primary sources of Islam, the Qur'an, and the Sunnah (practice) of the Prophet Muhammad, a.s. The Islamic tradition of Bosniaks is, in fact, considerable experience accumulating over a long period of time which helps the Muslims of this region to survive and preserve their religious identity despite the harsh environment and all kinds of hardship they have been exposed to. Bosniaks, as indigenous European Muslims, have one advantage over other Muslim nations: they do not view modern civilization from the side, or from afar, but live in its very center and feel fully its impulses and its nature. This means that they feel its strengths and weaknesses, but also their needs better than others. At the same time, they inherit Islam, preserve and nurture it as a treasure and study it with love and loyalty in their hearts. They have never departed from its mainstream practice, turned it into a sect, or ideologized it. Also, they have withstood the challenge of extremism, radicalization and intolerance of the other and the different. On the contrary, other religions and worldviews have always been respected within their religious tradition. This was especially demonstrated towards the followers of Christianity, both Roman Catholic and Orthodox, with whom they have always cherished good neighborly relations and treated their religion, holidays and customs with utmost respect. Bosniaks have also had a good relationship with Jewish community members. It is well known that during the Spanish Reconquista when together with Muslims Jews were expelled from their centuries-old hearths in the Iberian Peninsula, a considerable number of them found refuge and protection in the areas where Bosniaks lived. The tolerance of Bosniaks towards others and different ones was especially demonstrated during the aggression in Bosnia and Herzegovina, when genocide was committed against Bosniaks and when over nine hundred mosques, a several hundred mactabs and other sacral objects were destroyed and devastated; even in such cruel conditions Bosniaks did not resort to retribution and did not demolish and desecrate others' places of worship and sanctities, which provides solid evidence of their high tolerance, respect for other religions and their readiness for peaceful coexistence. Bearing the aforementioned in mind, it is evident that the Islamic tradition of Bosniaks not only has its legitimacy, but is also a kind of Muslim response to the contemporary challenges; the Muslim response from the "epicenter" of modern civilization; a credible answer, needed both in the East and in the West, by Muslims and non-Muslims. This paper discusses the Islamic tradition of Bosniaks as an example of tolerance, dialogue and peaceful coexistence among members of different religions and worldviews.
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30

Dadon, Kotel. "Lab-grown meat: A modern challenge in food production from the Jewish aspect." Ekonomski izazovi 11, no. 22 (2022): 46–59. http://dx.doi.org/10.5937/ekoizazov2222046d.

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The modern food industry is increasingly using the tools of genetic engineering in the production and sale of food products. One of the most important recent technological innovations is lab-grown meat (or "synthetic" meat). The lab-grown meat industry is based on the genetic duplication of animal cells under laboratory conditions in order to attempt to produce a product with the nutritional and culinary value of animal meat. Some predict that this industry will play an important role in the human diet of the future. The beginning of this process is based on cells taken from live animals. In recent years, new methods of laboratory meat production based on non-meat cells have begun to develop. For example, in one of them, the cells are taken from a pre-embryo found in a fertilized egg (blastula). Otherwise, the cells are taken from a pre-embryo taken from a cow (blastocyst). This topic raises various questions and many challenges in the fields of health, ecology, ethics and, of course, religion. How should we treat such meat? Is meat produced in a laboratory kosher? Is it Halal? Is the product meaty or synthetic? Do the initial stem cells determine the definition of the final product, and, further on, what is the status of such a product when it is produced from pig stem cells? On the ethical level, a general question is posed on the subject of genetic engineering. Is it permissible to intervene so blatantly in the nature that God created? This article will focus on the various challenges that this industry raises from the Jewish ethical and kashrut aspects, and address some questions.
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31

Irena Rzeplińska. "Kara konfiskaty mienia w prawie polskim i obowiązującym na ziemiach polskich oraz w praktyce jego stosowania." Archives of Criminology, no. XX (August 1, 1994): 79–96. http://dx.doi.org/10.7420/ak1994d.

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Forfeiture of property is one of the oldest penalties in Polish law. Its origins can be traced in pre-state law, in the penalty of exclusion from tribe. Anybody could kill a person thus punished and destroy his property, and would suffer no penalty for such acts. Later on, in early Middle Ages, the penalty of plunder was introduced: the offender’s possessions were looted, and his house burned. Destruction of the offender’s property as a penal sanction resulted from the conception of crime and punishment of that time. Crime was an offence against God, and punishment was seen as God’s revenge for crime – that offender’s house was destroyed as the place that had become unchaste, inhabited by an enemy of God. The penalties imposed in Poland in the 12th and 13th centuries were personal, material, and mixed penalties. There were two material penalties: forfeiture of the whole or part of property and pecuniary penalties. The utmost penalty was being outlawed which consisted of banishment of the convicted person from the country and forfeiture of his property by the ruler. Being outlawed was imposed for the most serious offences; with time, it became an exceptional penalty. In those days, forfeiture of property was a self-standing, as well as an additional penalty, imposed together with death, banishment, or imprisonment. As shown by the sources of law, forfeiture of property (as an additional penalty) could be imposed for “conspiracy against state” rape of a nun forgery of coins, cheating at games, and profiteering. Other offences punishable in this way included murder, raid with armed troops and theft of Church property, murder of a Jew committed by a Christian, and raid of a Jewish cemetery. Data on the extent of the imposition of that penalty in the early feudal period are scarce; as follows from available sources, it was applied but seldom. The consequences of forfeiture were serious in those days. Deprived of property, the convicted person and his family inevitably lost their social and political status which made forfeiture one of the most severe penalties. From the viewpoint of the punishing authority (duke), forfeiture was clearly advantageous due to its universal feasibility; to the duke’s officials, it was profitable as they were entitled to plunder the convicted persons’s movables. In the laws of the 16th and 17th centuries, forfeiture was provided for: serious political crimes (crimen leaesae maiestatis – laese-majesty; perduelio – desertion to the enemy), offences against currency and against the armed forces. As an additional penalty, it accompanied capital punishment and being outlawed. The law also provided for situations where forfeiture could be imposed as a self-standing penalty. In 1573, the Warsaw Confederacy Act which guaranteed equality to confessors of different religions banned the inposition of forfeiture for conversion to another faith. Initially absolute – the whole of property being forfeited and taken over by the Treasury where it was at the king’s free disposal – forfeiture of property was limited already in the 14th century. To begin with, in consideration of the rights of the family and third to forfeited property, the wife’s dowry was excluded from forfeiture. Later on, in the 16th century, the limitations concerned the king’s freedom of disposal of forfeited property. A nobleman’s property could no longer remain in the king’s hands but had to be granted to another nobleman. Forfeiture of property can also be found in the practice of Polish village courts; as follows from court registers, though, it was actually seldom imposed. European Enlightenment was the period of emergence of ideas which radically changed the conceptions of the essence and aims of punishment, types of penalties, and the policy of their imposition. In their writings, penologists of those days formulated the principle of the offender’s individual responsibility. This standpoint led to a declaration against forfeiture of property as a penalty which affected not only the offender but also his family and therefore expressed collective responsibility. The above ideas were known in Poland as well. They are reflected in the numerous drafts of penal law reform, prepared in 18th century Poland. The first such draft, so-called Collection of Jidicial Laws by Andrzej Zamojski, still provided for forfeiture. A later one (draft code of King Stanislaw August of the late 18th century) no longer contained this penalty. The athors argued that, affecting not only the offender, that penalty was at variance with the principles of justice. The drafts were never to become the law. In 1794, after the second partition of Poland, an insurrection broke out commanded by Tadeusz Kościuszko. The rebel authorities repealed the former legal system and created a new system of provisions regulating the structure of state authorities, administration of justice, and law applied in courts. In the sphere of substantive penal law and the law of criminal proceedings, an insurgent code was introduced, with severe sanctions included in the catalog of penalties. Forfeiture of property was restored which had a double purpose: first, acutely to punish traitors, and second – to replenish the insurgent funds. When imposing forfeiture, property rights of the convicted person’s spouse and his children’s right to inheritance were taken into account. Yet compared to the administration of justice of the French Revolution with its mass imposition of forfeiture, the Polish insurgent courts were humane and indeed lenient in their practice of sentencing. After the fall of the Kościuszko Insurrection, Poland became a subjugated country, divided between three partitioning powers: Prussia, Russia, and Austria. The Duchy of Warsaw, made of the territories regained from the invaders, survived but a short time. In the sphere of penal law and the present subject of forfeiture of property, that penalty was abolished by a separate parliamentary statute of 1809. After the fall of the Duchy of Warsaw, Poland lost sovereignty and the law of the partitioning powers entered into force on its territories. In the Prussian sector, a succession of laws were introduced: the Common Criminal Law of Prussian States of 1794, followed by the 1851 penal code and the penal code of the German Reich of 1871. Only the first of them still provided for forfeiture: it was abolished in the Prussian State by a law of March 11, 1850. Much earlier, forfeiture disappeared from the legislation of Austria. lt was already absent from the Cpllection of Laws on Penalties for West Galicia of June 17,1796, valid on the Polish territories under Austrian administration. Nor was forfeiture provided for by the two Austrian penal codes of 1803 and 1852. Forfeiture survived the longest in the penal legisation of Russia. In 1815, the Kingdom of Poland was formed of the Polish territories under Russian administration. In its Constitution, conferred by the Tsar of Russia, a provision was included that abolished forfeiture of property. It was also left in the subsequent Penal Code of the Kingdom of Poland, passed in 1818. Forfeiture only returned as a penal sanction applied to participants of the anti-Russian November insurrection of 1831. The Organic Statute of 1832, conferred to the Kingdom of Poland by the Tsar, reintroduced the penalty of forfeiture of property. Moreover, it was to be imposed for offences committed before Organic Statute had entered into force which was an infringement of the ban on retroactive force of law. Of those sentenced to forfeiture in the Kingdom of Poland, Lithuania, and Russia as participants of the November insurrection, few had estates and capital. A part of forfeited estates were donated, the rest were sold to persons of Russian origin. The proces of forfeiting the property of the 1830–1831 insurgents only ended in 1860 (the Tsar’s decree of February 2/March 2,1860). After November insurrection, the Russian authorities aimed at making the penal legislation of the Kingdom of Poland similar to that of the Russian Empire. The code of Main Corrective Penalties of 1847 aimed first of all at a legal unification. It preserved the penalty of “forfeiture of the whole or part of the convicted persons’ possessions and property” as an additional penalty imposed in cases clearly specified by law. It was imposed for offences against the state: attempts against the life, health, freedom or dignity of the Emperor and the supreme rights of the heir to the throne, the Emperor’s wife or other members of the Royal House, and rebellion against the supreme authority. Forfeiture was preserved in the amended code of 1866; in 1876, its application was extended to include offences against official enactments. The penalty could soon be applied – towards the participants of January insurrection of 1863 which broke out in the Russian Partition. The insurgents were tried by Russian military courts. After the January insurrection, 6,491 persons were convicted in the Kingdom of Poland; 6,186 of tchem were sentenced to forfeiture of property. Of that group, as few as 28 owned the whole or a part of real estate; 60 owned mortgage capital and real estate. The imposition of forfeiture on January insurgents stopped in 1867 in the Kingdom of Poland and as late as 1873 in Lithuania. The penalty was only removed from the Russian penal legislation with the introduction a new penal code in 1903. As can be seen, the Russian penal law – as opposed to the law of Prussia and Austria retained forfeiture of property the longest. It was designet to perform special political and deterrent functions as the penalty imposed on opponents of the system for crimes against state. It was severe enough to annihilate the offender’s material existence. It was also intended to deter others, any future dare-devils who might plan to resist authority. It was an fitted element of the repressive criminal policy of the Russian Empire of those days. Forfeiture of the whole of property of the convicted person can be found once again in the Polish legislation, of independent Poland this time: in the Act of July 2, 1920 on controlling war usury where forfeiture was an optional additional penalty. At the same time, the act prohibited cumulation of repression affecting property (fine and forfeiture could not be imposed simultaneously). It originated from the special war conditions in Poland at the time. The ban on cumulation of repression affecting property is interesting from the viewpoint of criminal policy. The Polish penal code of 1932 did not provide for the penalty of forfeiture, and the Act on controlling war usury was quashed by that code’s introductory provisions. In the legislation of People’s Poland after World War II, forfeiture of property was re-established and had extensive application.
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Likhvar, V. V. "International legal regulation of the use of reprisals as a form of political responsibility of states." Analytical and Comparative Jurisprudence, no. 1 (March 20, 2024): 703–8. http://dx.doi.org/10.24144/2788-6018.2024.01.124.

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The article attempts to determine the principles of international legal regulation of the use of reprisals as a form of political responsibility in international law, since reprisals are illegal actions committed in response to previous illegal actions of the state, proportional to the initial offense. International law has changed the application of the doctrine of retaliation to avoid an upward spiral of violence where one side retaliates against the illegal actions of another, causing ever more violent bloodshed, while the laws of war are meant to regulate and limit such harm. Theoretical provisions regarding the international legal regulation of the use of reprisals as one of the forms of political responsibility according to international law are analyzed. In order for reprisals against permitted categories of persons and objects not to be illegal, five conditions must be met. Most of these conditions are laid down in military instructions and confirmed by official statements. The following conditions: the purpose of reprisal (can be used only in response to a previous serious violation of international law and only to induce the adversary to comply with the law); last resort (can only be used as a last resort when there are no other legal measures), proportionality (measures must be proportionate to the violation it aims to stop), decision at the highest level of government (the decision must be taken at the highest level of government), termination (must be terminated as soon as the adversary begins to enforce the law). The occurrence of reprisals in real cases is analyzed - Naulilaa Incident (When Portugal was neutral, in October 1914, a German group entered the Portuguese-African territories from German South­West Africa) and «Israel against Palestine» (After the Second World War the Jews wanted their own country. They were given a large part of Palestine, which they considered their traditional home, but the Arabs did not accept the new country. In 1948, both sides went to war); the use of reprisals in today's world is analyzed.
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33

Sa'dudin, Ihsan, and Muhammad Nasrun Siregar. "REINTERPRETASI HADIS MAYAT DIAZAB ATAS TANGISAN KELUARGANYA DENGAN HERMENEUTIKA PAUL RICOEUR." ULUL ALBAB Jurnal Studi Islam 19, no. 1 (June 25, 2018): 142. http://dx.doi.org/10.18860/ua.v19i1.4837.

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<p><em>Islam as the religion of ra<em><em><span lang="IN">ḥ</span></em></em></em><em>mah li al-‘âlamin has the dimension of law-setting based on the conditions of time and place of law will be determined. The law that Rasulullah set in a <em><em><span lang="IN">ḥ</span></em></em></em><em>adîth is inseparable from geographical, sociological, and historical conditions lied behind it. The dynamics of interpretation science help the reinterpretation of a <em><em><span lang="IN">ḥ</span></em></em>adith to produce a law that is actual and in accordance with the conditions but not out of the rules of Qur’an, because Qur’an indeed is as the main legal source in Islam. This paper is to describe the interpretation of the <em><span lang="IN">ḥ</span></em></em><em>adîth about the corpse being tortured by the tears of his family </em><em>(Muslim 1536) with Paul Ricoeur's interpretation approach. Author comes to the conclution that the use of the word bukâ’ in the matan of <em><span lang="IN">ḥ</span></em></em><em>adîth means corpse actually got tortured because of the hysterical cry of his family who bemoaned over it. As for the historical aspects of this <em><span lang="IN">ḥ</span></em></em><em>adîth when Rasulullah saw the Jews weep for his family who died with hysterical cry. Thus, the point of emphasis of the <em><span lang="IN">ḥ</span></em></em><em>adîth is a way of responding those who grieve. If the attitude is excessive until hysterical wailing for days, then it includes an inappropriate attitude that is not even recommended in the Qur'an.</em><em></em></p>
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Shweder, Richard A. "Permitting gender equality in Abrahamic circumcision: the central argument – in retrospect and reply." Global Discourse 12, no. 1 (February 1, 2022): 211–44. http://dx.doi.org/10.1332/204378921x16394338241091.

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To the extent that the Dawoodi Bohra custom of circumcising girls as well as boys (1) has broad support among Dawoodi Bohra women, (2) is motivated by a gender-equal interpretation of the Abrahamic covenant (Genesis 17 of the Hebrew Bible) traceable to the views and sayings of the Prophet Mohammed, (3) is less physically invasive than a legal male circumcision as practised by Jews and Muslims, and (4) there is scant evidence of serious harms associated with the procedure, it seems reasonable to suggest that space should be made in a liberal, multi-religious, multi-ethnic, multicultural society for this particular long-standing family life custom. When and if those four conditions hold, the custom is arguably protected by principles of religious liberty, family privacy, parental rights and equal protection for both females and males before the law.
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35

Razzaq, Tayyaba. "Dietary Laws about Animals in Semitic Religions: An Analytical Study." Al-Milal: Journal of Religion and Thought 2, no. 2 (December 26, 2020): 258–87. http://dx.doi.org/10.46600/almilal.v2i2.82.

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سامی ادیان میں جانوروں کی حلت و حرمت کےمتعلق احکامات کا تجزیاتی مطالعہ Dietary rules and regulations may govern particular phases of the human life cycle and may also be associated with special events. Dietary Laws are grounded into the religious thought, and anyone expects logical clarifications for the continuation and determination of these rules in light of the respective religious tradition. The Semitic religions: orthodox Jews, Christians and Muslims have undoubtedly directed their adherents about the foodstuff “meat” with particular terms and conditions. This study attempts to define the similarities and differences between Halal and Kashrut (Kosher) in the light of their religion's commandments. The study confined to the Holy Scriptures. A comparative approach has been applied to these dietary practices. Moreover, it was found that Halal constitutes a different dietary law (Shariah) than Kashrut and vice versa. Even though similarities are found but it does not permit for the statutes to be usually supposed as reflection of each other. This analytical work will provide theoretical orientation; make reference to relevant theoretical and empirical literature for adequate clarification and comprehension where needed. To avoid pointless details, only the verse number mentioned in footnotes and extracted commands are just mentioned in the article. Qualitative research methodology has been adopted about the dietary laws about animals in Semitic Religions.
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Galeva, Jordanka. "POPULATION AND WATER AS DEVELOPMENT FACTORS: THE ISRAELI AND MACEDONIAN CASE." Knowledge International Journal 34, no. 5 (October 4, 2019): 1479–85. http://dx.doi.org/10.35120/kij34051479g.

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The State of Israel is located in Middle East (Western Asia) on the southeastern coastline of the Mediterranean Sea and northern shore of Red Sea, with total area of 21,640 sq km². The landscape is mixture of coastal lowland, central hillside area, Jordan Valley and Negev Desert, which occupies one-half of the total land. Taking into account the population (which at the moment of the creation of the Israeli state is 806,000 habitants), as well as, the large area of desert land, the Israelis faced two challenges: to increase the population (with aim to increase labor force and territorial settlement) and find a sustainable method to use and recycle water (as a key element for agricultural development). To accomplish the first goal, on July 5, 1950, the Israeli Assembly approved the Law of Return, which gives Jews the right to come and live in Israel, while for realization of the second goal, the largest contribution comes from the innovations of agricultural communities, known as kibbutz. The first part of the paper identifies Israel's immigration policies and Kibbutz water innovations that contributed to the development of the state. In order to find out whether population and water are factors for development in the Macedonian reality, the second part of the paper presents the situation of the population and the phenomenon of emigration, as well as the real state of the water resource and its use in agriculture. The research has demonstrated a completely different situation in the Macedonian case. While Israel is pursuing a liberal immigration policy to unite all Jews in its country, the Macedonian state faces constant emigration of its citizens to other countries. Low salaries and lack of a concrete strategy to motivate young people to stay in their country are the cause of increased emigration. Regarding the second factor, although there are good conditions for development of agriculture (such as climate, fertile soil and water) this sector is not a leader in contributing to the economy of the country and the state is ranked between the first countries to irrational use of water. The purpose of this paper is to examine how population factor and water factor-related to innovations and their use in the agricultural sector, have contributed to the development of the Israeli economy and whether Israeli experience can be applied to macedonian case.
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37

Amir, Rahma. "Perkawinan Beda Agama di Indonesia Perspektif Hukum Islam." Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam 6, no. 1 (June 30, 2019): 99. http://dx.doi.org/10.24252/al-qadau.v6i1.9482.

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Indonesia merupakan Negara yang kaya akan kebudayaan dengan jumlah penduduk yang besar menjadikan Indonesia memiliki masyarakat dengan suku, golongan, ras, budaya, adat istiadat, agama yang beraneka ragam. Hal tersebut disebabkan beberapa faktor yang di antaranya adalah keadaan sosio-antropologis, geografis dan teritorial Indonesia yang letaknya di antara samudera Hindia dan samudera Pasifik yang sangat potensial berkembangnya pluralitas budaya dan agama dalam masyarakat Indonesia. Akibat perkembangan pluralitas tersebut kemudian memunculkan perkawinan yang variatif yaitu salah satunya bentuk perkawinan beda agama. Pada umumnya, perkawinan dianggap sesuatu hal yang suci dan karenanya setiap agama selalu menghubungkan kaidah-kaidah perkawinan dengan ajaran agama. Sesungguhnya Islam, tidak melarang perkawinan antara muslim dengan wanita ahl kitab (Yahudi dan Nasrani), dengan keharusan memenuhi beberapa ketentuan. Sebagai Negara demokrasi, perkawinan beda agama diatur dalam beberapa peraturan yang termaktub dalam UU RI No 1 Tahun 1974 tentang Perkawinan dan peraturan-peraturan lainnya.Indonesia is a country that is rich in culture with a large population making Indonesia has a diverse population, ethnicity, race, culture, customs, religion. This is due to several factors including the socio-anthropological, geographical and territorial conditions of Indonesia which are located between the Indian Ocean and the Pacific Ocean which has the potential to develop cultural and religious plurality in Indonesian society. As a result of the development of plurality, then a variety of marriages emerged, one of which was the form of interfaith marriage. In general, marriage is considered to be something sacred and therefore every religion always connects the rules of marriage with religious teachings. Indeed, Islam does not prohibit marriage between Muslims and ahl Kitab women (Jews and Christians), with the obligation to fulfill several provisions. As a democratic country, interfaith marriages are regulated in a number of regulations embodied in RI Law No. 1 of 1974 concerning Marriage and other regulations.
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38

Moiseenko, Valentina M. "FROM CITIZENSHIP OF RUSSIA TO THE NATIONALITY OF THE USSR." Proceedings of the Institute of State and Law of the RAS 14, no. 6 (February 28, 2020): 58–94. http://dx.doi.org/10.35427/2073-4522-2019-14-6-moiseenko.

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The paper, devoted to the institutions of citizenship in Russia and citizenship in the USSR, presents issues related to the trends of international migration policy over a long historical period. Despite the inevitable fluctuations, with the beginning of the reforms of Peter I, the policy of citizenship in Russia becomes part of the state policy in the field of modernization and strengthening of Russia’s defense capability. In the long term, the policy of citizenship in Imperial Russia up to the February revolution can be defined as keeping the population out of Russian citizenship and attracting foreigners in certain periods. Episodic were the measures aimed at returning former subjects to Russia. This approach corresponded to the populationist concept of population, which is explained by the constant expansion of the territory of Russia. The liberal law of 1864, which defined the position of foreigners in Russia, contributed to the influx of foreign investment in the late nineteenth and early twentieth centuries. The consequences of the law of 1864 were reflected in the strengthening of land and national contradictions. The state’s policy on emigration of Jews from Russia, which became widespread at the beginning of the XX century, also contributed to the growth of tension. the policy on citizenship and international migration changed fundamentally after October 1917 as a result of the ban on renouncing the citizenship of the RSFSR and the return to the USSR of the main part of the "white emigration". At the same time, accelerated industrialization determined the need to attract people to the USSR in the late 1920s and 1930s. foreign specialists, and the international political situation — the influx of political emigrants to the USSR. On the agenda in the 1930s, judging by the legislation, the issues of deprivation of Soviet citizenship were relevant. After world war II, citizenship issues were similar to those that were the focus of attention after world war I and the civil war. It was about large-scale repatriation of Soviet prisoners of war and displaced persons who found themselves outside the USSR, population movements (options) as a result of the revision of state borders, and the return of prisoners of war who were on the territory of the USSR. The" warming " of international relations in the 1950s and 1970s objectively meant the expansion of the USSR’s international relations. A number of laws passed in the 1970s and 1980s actually extended the isolation of the USSR, although these laws failed to stop the growing emigration potential of Soviet Jews, as well as of a number of other nationalities. It is also characteristic that in these years the laws regulating the situation of foreigners and stateless persons in the USSR were adopted in conditions when the statistics of these categories of the population were not available for analysis. Against the backdrop of strong experience in the development and application of legislation governing relations between the state and the population in the area of acquisition and renunciation of citizenship in the form of an unbroken chain of laws, regulations, comments to the laws on citizenship and international migration in many countries around the world fear, the uniqueness of Russia is the existence of two approaches — pre-revolutionary and Soviet. This experience should not be underestimated when choosing a citizenship policy in the future.
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39

Bandžović, Sead. "The phenomenon of fragile states: Bosnia and Herzegovina." Historijski pogledi 4, no. 6 (November 15, 2021): 338–55. http://dx.doi.org/10.52259/historijskipogledi.2021.4.6.338.

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The three key conditions for the existence of a state, according to the theory of state and law, are geographical territory, population and organized political power in that area. However, during the twentieth century in some African and Asian countries, due to various political, economic and other factors, problems began to appear in performance of their basic functions: ensuring public order and peace, providing health services, education. Modern science has introduced the term failed states to describe such countries. This scientific phenomenon has been the subject of numerous researches, and international organizations have been publishing annual indices of fragile, failed or unsuccessful world states for years. The first index of its kind was created in 2005 by the American non-profit organization The Fund for Peace in cooperation with the magazine Foreign Policy, which initially included 76 countries. The original term failed state was considered politically extremely incorrect, even when it referred to countries like South Sudan or Somalia, noting that such a term originated in the political terminology of developed countries by which all other countries at a lower level of development were considered to be failed ones. Therefore, in 2014, a new notion of a fragile state was created, and accordingly the existing index was renamed the Fragile State Index (FSI). This parameter determines the degree of fragility for each country on an annual basis, assessing four basic indicators: cohesion (functionality of the state apparatus), economic (overall economic situation), political (legitimacy of the state, availability of public services, respect for human rights and freedoms) and social (demographic structure of the community, number of displaced persons and refugees, external interventions). Based on the values of these indicators, countries are positioned in four groups: sustainable, stable, endangered and alarming. The paper also discusses Bosnia and Herzegovina as a potentially fragile state. Although it enjoys sovereignty and political independence, the 1995 Dayton Peace Agreement still provides for the strong participation of the international community in the performance of its basic state functions. Examples include the presence of international military and police forces from the early post-war years to the present (EUFOR), with a special emphasis on the position of High Representative for Bosnia and Herzegovina. The peace agreement gave him the status of his supreme interpreter, as well as the well-known Bonn powers that he used on several occasions to remove Bosnian political officials and the imposition of laws (Criminal Code of Bosnia and Herzegovina, Law on the Court of Bosnia and Herzegovina, Law on the Prosecutor's Office of Bosnia and Herzegovina) due to the inability of domestic parliamentary bodies to pass them independently. In addition to the extremely complicated constitutional structure, the functioning of Bosnia and Herzegovina is hampered by the inability to reach an agreement between political representatives on key issues in the country. In the first place, these are much-needed changes to the constitution of Bosnia and Herzegovina that would in the future allow members of minorities (Jews and Roma) to elect their own representatives in the Presidency of Bosnia and Herzegovina. In this regard, the European Court of Human Rights (ECtHR) in 2009 in the case of Sejdić-Finci assessed that the impossibility of minority participation in political decision-making is a gross violation of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Numerous international organizations, primarily Human Rights Watch, have been warning for years about other problems in the country: national segregation of children under two schools under one roof, numerous attacks on Bosniak returnees in Republic of Srpska without adequate sanctions and extreme slowness in war crimes proceedings and the administration of transitional justice with the emergence of increasingly frequent denials of war crimes and victims. Although more than 25 years have passed since the end of the war, the participation of the international factor is still noticeable, and in some cases necessary.
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40

Henningsen, Gustav, and Jesper Laursen. "Stenkast." Kuml 55, no. 55 (October 31, 2006): 243–78. http://dx.doi.org/10.7146/kuml.v55i55.24695.

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CairnsIn Denmark, the term stenkast (a ‘stone throw’) is used for cairns – stone heaps that have accumulated in places where it was the tradition to throw a stone. A kast (a ‘throw’) would actually be a more correct term, as sometimes the heaps consist of sticks, branches, heather, or peat, rather than stones – in short, whichever was at hand at that particular place. A kast could also consist of both sticks and stones.The majority of the known Danish cairns were presented by August F. Schmidt in 1929. Since then, numerous new ones have been discovered, and we now know of around 80 cairns, cf. the list on page 264 and map Fig. 3. It appears from the descriptions that the majority – a total of 65 – are actual cairns, 14 are heaps of branches, whereas two are described as either peat or heather heaps.Geographically, the majority – a total of 53 – are found in Jutland, with most in North and Central Jutland (Fig. 3). Fifteen are known from Zealand, four from Lolland, four from Funen, and five from Bornholm.Topographically, they are found – naturally – where people would normally be passing: next to roads and in connection with sacred springs, chapels, and places of execution. However, they also occur in less busy places, in woods, along the coast, on moors, and on small islands.A few cairns have been preserved because they are still “active” as reminiscences of customs and habits of past times. This is the case of the cairn called Røsen (“røse” being another Danish term for a cairn) on Trøstrup Moor (no. 45, Fig. 1-2), of Heksens Grav (“The Witch’s Grave”) (no. 27, Fig. 4), and of the branch heap in the wood of Slotved Skov (no. 14, Fig. 5), which was recently revived after having been almost forgotten. Other cairns are maintained as prehistoric relics, as is the case of the branch heap by the name of Stikhoben (“The Stick Heap;” no. 10, Fig. 6) and Kjelds Grav (“Kjeld’s Grave,” no. 59, Fig. 7). Although heaps of stones and branches are included in the Danish Protection of Nature Act as relics of the past worthy of protection, so far merely the two latter have been listed.Whereas the remaining ’throws’ of organic material have probably disintegrated, it is still possible under favourable conditions to retrieve those made from more enduring materials – unless they have been demolished – even if they have practically sunk into oblivion (Figs. 8-10).The oldest known cairn is almost 500 years old. It was situated by the ford Præstbjerg Vad in Vinding parish near the Holstebro-Ribe highroad. Tradition says that the stone heap came into existence as a memorial of a priest in Hanbjerg, who died in the first half of the 16th century following a fall with his horse.Such legends of origin are connected with most of the Danish cairns. They usually tell of some unhappy or alarming happening supposed to have occurred at the place in question. However, they are often so vague and stereotype that they can only rarely be dated or put into a historical context. Indeed, on closer examination several of them turn out to be travelling legends. Apart from the legend of the murdered tradesman, they comprise the legend of the exorcised farmhand and that of the three sisters, who were murdered by three robbers, who turned out to be their own brothers. The latter legend, which is also known from a folksong, is connected to the so-called Varper on the high moor in Pedersker parish on Bornholm (no. 7). Until the early 20th century, it was the custom to maintain these cairns by putting back stones that had fallen down and adorn them with green sprigs. Early folklorists interpreted this as a tradition going back to an old sacrificial ritual, although the custom also seems to have had a pure practical purpose, as these stone heaps were originally cairns marking the road across inland Bornholm.A special group of the Danish cairns are connected with the tradition that someone is buried underneath them, such as a body washed ashore, a murdered child from a clandestine childbirth, a murdered person, several persons killed in a fight, an exorcised farmhand, a suicide, a murderer buried on his scene of crime, or witches and murderers buried at the place of execution. In all these cases, the throwing of a stone was supposed to protect the passers-by against the dead, who was buried in unconsecrated grounds and thus, according to public belief, haunted the spot. Another far less frequent explanation was that the stone was thrown in order to achieve a good journey or luck at the market. In some places, the traveller would throw the stone while shouting a naughty word or in other ways showing his disgust with the dead witch, criminal, or infanticide buried in that particular place. In rather a lot of the cases, as explained by the context, the cairn was merely a memorial to some unhappy occurrence, and the stone was thrown in memory of the deceased.In an article on Norwegian cairns written by the folklorist Svale Solheim, the author attached importance to achieving a clear picture of the position of the cairns (kastrøysarne) in the landscape. A closer examination showed that almost all were situated by the side of old roads – between farms and settlements, through forests, or across mountains – in short, where people would often walk. “The cairns follow the road as the shadow follows the man,” Solheim writes and gives an example of an old road, which had been relocated, and where the cairns had been moved to the new road. Furthermore, the position of the cairns along the roads turned out to not be accidental; they were always found at places that were in one way or other interesting to the travellers. This is why Solheim thought that the stone heaps mostly had the character of cairns or road stones thrown together at certain places for a pure practical purpose. “For instance,” he writes, “we find stone heaps at places along the roads where there is access to fine drinking water. These would also be natural places for a rest, and numerous stone heaps are situated by old resting places. And so it came natural to mark these places by piling up a stone heap, and of course it would be in every traveller’s interest to maintain the heaps.”The older folklore saw the tradition as a relic of pagan rituals and conceptions. As a reaction to this, Solheim and others took a tradition-functionalistic view, according to which most folklore, as seen in the light of the cultural conditions, was considered rational and the rest could be explained as pseudo beliefs, for instance educational fiction and tomfoolery.However, if we turn to our other neighbouring country, Sweden, it becomes more difficult to explain away that we are dealing with sacrificial rites, as here, the most used dialectal term for the stone and branch piles were offerhög, offervål, or offerbål (“offer” is the Swedish word for sacrifice), and when someone threw stones, sticks, or money on the pile, it was called “sacrificing.” An article from 1929 by the anthropologist Sigurd Erixon is especially interesting. Here, he documents how – apart from the cairns with a death motive (largely corresponding to the Danish cases mentioned above), Sweden had both good luck and misfortune averting sacrificial stone throwing (Fig. 13).Whereas the sacrificial cairns connected to deaths were evenly distributed across the whole country, Erixon found that the “good luck cairns” occurred mainly in environments associated with mountain pasture farming or fishing. Based on this observation and desultory comparative studies, Erixon formed the hypothesis that the “good luck cairns” represented an older and more primitive culture than the cairns associated with sacrifices to the dead. “The first,” he writes, “belong rather more to the work area of hunting, fishing, and animal husbandry, roads, and environments, whereas the death sacrificial cairns seem to be closer related to the culture of agriculture.”The problem with the folkloristic material is that most of it is based on reminiscences. In order to study the living tradition, one must turn elsewhere. However, as demonstrated by James Frazer in “The Golden Bough,” this is no problem, as the custom of throwing stones in a pile is known from all over the world, from Africa, Europe, and Asia to Australia and America (Fig. 14).Customs last, their meanings perish – the explanation why, for instance, one must throw a stone onto a stone pile, may be forgotten, or reinterpreted, or get a completely new explanation. The custom probably goes back further than any known religion. However, these have all tried to tally the stone throwing with their “theology.” In Ancient Greece, the stone piles by the roadsides were furnished with statues of Hermes (in the shape of a post with a head and sometimes a phallus). As an escort for the dead, Hermes became the god of the travellers, and just as the gods had thrown stones after Hermes when he was accused of murdering Argus, people could now do the same.With the introduction of Christianity, the throwing of stones was denounced as superstition, and a standard question for the penitents in the so-called books of penance was: “Have you carried stones to a heap?” All across Europe, crosses were planted in the stone heaps – which must have caused problems as it was considered a deadly sin to throw stones after a cross. In the culture connected with pilgrimage, the cairns got a new meaning as markers of important places. For instance, enormous stone piles outside Santiago de Compostela mark the location where pilgrims first spotted the towers of the city’s cathedral (Fig. 15). At many places, the cairns were consecrated to saints, so that now people would carry stones to them as a sacrifice or a penance. The jews also adopted the custom. The Old Testament mentions stone heaps gathered over murdered persons or placed around a larger stone, as the “witness dolmen” built by Jacob and his people to commemmorate his pact with Laban, his father-in-law. However, there is no mention of throwing new stones onto these heaps. However, the latter occurs in the still practiced Jewish custom of placing stones on the gravestones when Jews visit the graves of their dead (Fig. 16).Stone throwing in a Muslim context is illustrated by Edward Westermarck’s large investigation of rituals and popular belief with the Berbers and the Arabs in Marocco in the early 20th century. Unfortunately, it only comprises cairns connected to Muslim saints, but even with this limitation, the investigation gives an idea of the variety of applications. If the stone heap is situated near the grave of a saint, it may mark the demarcation of the sacred area, or it may have come into existence because the wayfaring have a habit of throwing a stone when they pass the grave of a saint, which they do not have time to visit. If the heap is situated on a ridge, it is usually an indication of the spot on a certain pilgrim route where the sacred places become visible for the first time. Other stone heaps mark the places where a holy man or woman is supposed to have been buried, or rested, or camped some time. By a large crossroads outside Andira, Westermark was shown a stone heap, which indicated that this place was the gathering place for saints, who met there at nighttime. The sacred cairns in Marocco are often easily recognized by the fact that they are chalked white at intervals. At some places, the cairns may also be marked with a pole with a white flag symbolising the sacred character of the place.Even Buddhism struggled against the stone heaps, especially in the form of the oboo cult, which was repeatedly reformered and reinterpreted by Buddhist missionaries. And in early 17th-century South America, the converted aristocratic Inca, Felipe Guaman Poma de Ayala, made sarcastic remarks about Indians, who “even now” had preserved the bad habit of [sacrificing to] stone heaps (apachitas).”Historically, the Danish cairns can be documented from the 16th century, but the tradition may well be older. Seen in a larger, comparative context, heaps of stones and branches represent an ancient tradition rooted in the deepest cultural layers of mankind. Thus, as cultural relics, they are certainly worthy of preservation, and we ought to put a lot of effort into preserving the few still existing.Whereas it will probably be difficult to establish possible prehistoric stone heaps using archaeology, the possibilities of documenting hitherto unknown stone piles from historical times is considerably higher, if special topographic conditions are taken into consideration. In connection with small mounds on tidal meadows or stone heaps along stretches of old roads and by fords, old places of execution, springs, and grave mounds used secondarily for gallows, one should pay attention to such structures, which may well prove to be covering a grave.In a folklore context, the Danish stone heaps must be characterized as mainly “death sacrifice throws,” whereas only few were “good luck throws.” Due to the limited size of the country, and early farming, cairns and other road marks have not played the same role as a help for travellers and traffic as it did in our neighbouring countries with their huge waste areas.If the stone piles are considered part of a thousands of years old chain of traditions, they belong to the oldest human “monuments.” The global distribution of the phenomenon endows it with a mystery, which, during a travel in Mongolia, Haslund-Christensen caught with a stroke of genius: “We stood before an oboo, one of the largest I have ever seen...one of those mysterious places of sacrifice which are still secretly preserved, built of stone cast upon stone through many generations; a home of mystery which has its roots in the origin of the people itself, and whose religious significance goes much further back in time than any of the religions in the modern world.”Gustav HenningsenDansk Folkemindesamling Jesper LaursenMoesgård Museum Translated by Annette Lerche Trolle
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41

Hein-Kircher, Heidi. "Debating Social Change and the Jewish Nation: The Polish-Jewish Weekly Ewa on Jewish Families and Birth Control (1928–1933)." Journal of Family History, March 22, 2023, 036319902311600. http://dx.doi.org/10.1177/03631990231160070.

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The objectives of the debates on birth control and thus of the concepts of family planning had changed in East Central Europe after World War I as a result of the founding of nation states. The respective dominant as well as non-dominant national groups colored them nationally by focusing on the development of their own nation. A particular example of the inherent national coloration of the transnationally effective discourses on birth control is the Polish-Jewish women's weekly Ewa. In the late 1920s, when a nationwide marriage and abortion law was being negotiated under the conditions of an authoritarian regime in Poland, Ewa took up these debates in order to sketch a specific Polish-Jewish image of the family. The publication also embraced birth control as a national challenge, but did so under a Zionist banner. The article assesses Ewa's important contributions to tracing and influencing the understanding of birth control and the images of modern families and women in the Polish-Jewish milieu during the interwar period.
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42

Richeimer, Natalie, Kaila Wilson, Alexandra Petrasek, and Jason Weiner. "Emunas Chachamim (faith in the sages): A prenatal genetic counseling needs assessment of Orthodox Jewish clergy in Los Angeles." Journal of Genetic Counseling, October 25, 2023. http://dx.doi.org/10.1002/jgc4.1816.

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AbstractThe Jewish population's high risk for certain genetic conditions is well established. The Orthodox Jewish community, a denomination of the larger Jewish population, has distinct customs and cultural practices and a complex relationship with Western medicine and medical genetics. Clergy play a central role as stakeholders in the Orthodox Jewish community, and their input often informs key medical decisions for their congregants. Orthodox clergy have a unique structure for advising their community members, which is based on Jewish law. A qualitative research methods study was conducted to learn more about the needs of Orthodox Jewish clergy in the greater Los Angeles area with regard to prenatal genetic testing. The present study aims to understand the function of clergy, cultural implications in genetics care, and ways to improve cooperation between clergy and medical providers. 18 clergy members were recruited to join the study, with a 100% participation rate. Thematic analysis of individual interviews highlighted four major themes: the multitude of roles of clergy; pragmatic testing; a need for mutual respect; and interactions between medical providers and clergy. The existing community infrastructure may be used as the framework to provide a greater awareness of genetic care to this community. Future research should be conducted to explore how to improve interactions between genetic counselors and Orthodox Jewish clergy and the best practices for cultural competency.
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Bilovus, Lesia, Oksana Homotiuk, and Mykola Lazarovych. "A document in the context of the studying national minorities conditions in the ukrainian state (april – december 1918)." Scientific journal “Library Science. Record Studies. Informology”, no. 4 (December 27, 2021). http://dx.doi.org/10.32461/2409-9805.4.2021.249321.

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The purpose of the article is based on the documents, the main trends in the policy of Hetman P.Skoropadsky and his government towards national minorities have been analyzed. Methodology. In termsof preparing the research, methods of analysis, comparison, analogy, generalization, structuring were used.As well as methods of Document Science, Archival Science. The scientific novelty is due to the fact that forthe first time analysis was made on the basis of a documentary array of the main policy trends in relation tonational minorities of the Hetmanate; the reasons for the repeal of the Law on National-Personal Autonomyand the abolition of national ministries in Russian, Jewish and Polish affairs were clarified. In all the studieddocuments (Missive Letter to All Ukrainian People, Law on Elections of Provincial and County ZemstvoCouncillors, Order on Internal Relations in the Ukrainian Army), the emphasis was made on the loyalty ofcitizens to the Ukrainian State, not on their ethnic origin, and on the tolerant attitude of the state towardsboth the national and religious feelings of citizens. Admission to higher educational establishments was alsodemocratic in the Ukrainian state. Based not on ethnic but on territorial-state principles, the Hetmanatedid not see the point in the existence of national ministries established by the Ukrainian Central Rada, butthere was its general understanding of the national minorities’ needs and, thus, it often responded to theirrequests. Considerable attention has been paid to the coverage of cultural and educational activities ofnational minorities. Conclusions. Having analyzed the national policy of the Hetmanateon on the basis ofthe documents, we found out that despite some uncertainty it was moderate and did not lead to interethnicconflicts. By repealing the Law on National Personal Autonomy and National Ministries in Great Russian,Jewish, and Polish Affairs, Hetman P. Skoropadsky, and his government were guided by the territorial-stateprinciple, according to which all citizens of the state were equal, regardless of their nationality and religion.Meanwhile, there was some sufficient support, including financial one, for the national and cultural revival ofnational minorities.Keywords: document, national minorities, national and personal autonomy, Hetmanate, rights, interethnicrelations, cultural and educational policy.
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44

Abed-Rabbo, Samir. "Germany’s Never-Ending Guilt Trip." Arab Studies Quarterly 45, no. 1 (2023). http://dx.doi.org/10.13169/arabstudquar.45.1.0008.

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Nazi Germany and the Jewish Agency for Palestine, the future government of Israel and the official representative of the Zionist Organization (ZO), entered a contractual transactional relationship from 1933 to 1939. In 1952 the Federal Republic of Germany (FRG) and the State of Israel, on behalf of all Jews, signed an agreement that paved the way for Germany’s unconditional support for Israel. No suggestion is being made here that Nazi Germany and the FRG are the same; the FRG assumed responsibilities for the crimes of the Holocaust. However, both contractual transactional relationships between both countries from 1933 to the present have initiated policies and programs that contributed significantly to the deterioration of German Jewish living conditions in Germany, the transfer of thousands of German Jewish citizens and their assets out of Germany to colonize Palestine, the establishment of Israel in historic Palestine, the ethnic cleansing of the Palestinian people, the allocation of a significant portion of German reparation money for the benefit of Israel instead of the victims of the Holocaust, the strengthening of the Israeli economy and industrial base, and providing Israel with German military technology and equipment to wage wars in the region. In this article, I will examine and analyze the special, often secret, relationship between Germany and the Zionist mechanization to colonize Palestine, the establishment of Israel in 1948, and the arming of the state with modern weapon platforms that can carry and deliver nuclear weapons. This secret relationship is in clear violation of German law, made possible by creating a universal guilt feeling among Germans for the crime of the Holocaust, and associated with a deliberate lack of public debate and accountability.
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Abdul Majeed, Wathiq Abdul Razzaq. "Marriage Provisions Polygamy in the Three Divine Books." KnE Social Sciences, March 13, 2023. http://dx.doi.org/10.18502/kss.v8i6.13109.

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There are provisions for marriage for each of the three religions, which we found through the revealed heavenly books. Marriage is considered an obligation in Judaism, except for some Jewish sects that forbid marriage. In Judaism, it is not permissible for a Jew to marry a non-Jew and vice versa. There is no dowry for women in Judaism, while the Lebanese Personal Status Law clearly states a dowry for Jewish women. The marriage contract in Judaism takes place in three steps, the request for the hand of the girl, the marriage contract, and the realization of the marriage. The Torah, through several texts, permitted polygamy and allowed a man to marry more than one. The origin of Christianity is the non-marriage and the call to monasticism. Although there are texts in the Bible that stipulate not to marry, there are churches that encourage marriage for procreation. The rulings on marriage differ from one church to another. In Orthodox Churches, marriage decisions are based on two steps, the engagement and the service of the wreath. The position of the Catholic Church on marriage is emerging from the decisions of the Second Vatican Council in .1965 Despite the presence of several churches that have opposed the second marriage, the Bible contains several texts that allow polygamy. Moreover, other churches consider second marriage to be a sacred divine law. The Islamic religion permitted marriage for every able-bodied man and made it revolve around three rulings: obligatory, desirable, and celibacy. Marriage in Islam is preceded by engagement and dowry, with three conditions for the completion of the marriage: consent, guardianship, and competence. Our true religion has permitted polygamy, and this is what we find clear through the texts of the Noble Qur'an. While allowing polygamy, Islamic law imposed certain conditions and justifications for that polygamy. Looking at the provisions of marriage in the three heavenly books, we found that the Torah allowed polygamy without specifying any number, and the Bible prohibited polygamy and then permitted it with only one, while the Holy Qur'an refined all of this and made it four as a maximum. Keywords: marriage, the provisions of polygamy: Judaism, Christianity, Islam.
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DOBROSKOK, ANDRII. "SOCIAL-WIDE PREVENTION MEASURES IN RELATION TO VANDALISM IN THE MODERN CONTEXT." Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav 27, no. 2 (June 25, 2022). http://dx.doi.org/10.56215/0122272.67.

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At the present stage of development of society, the problem of vandalism does not lose its relevance, but is actively developing, expressing itself in new forms (vandalism in relation to landscaping, outdoor lighting, and small architectural forms, vandalism in relation to Jewish monuments – anti-semitism). Nowadays, vandalism reigns in various spheres of public relations with the participation of all segments of the population, the legal nature of this phenomenon is constantly developing, improving, and does not correspond to the conventional legal interpretation. Thus, the purpose of the study is to consider and characterise measures of social-wide prevention aimed at effectively preventing the commission of vandalism in modern conditions. The methodological basis of the study consists of dialectical, formal logical, system and structural, and statistical methods. The theoretical basis of the study is the papers of Ukrainian and foreign researchers on the analysed negative social phenomenon and improving the effectiveness of countering it in Ukraine in the modern context. The study examines the issue of vandalism as an urgent problem of modern society, because in modern social conditions vandalism poses a real threat to the national security of the country and requires an urgent state response. The author formulated the definition of the concept of prevention of criminal offences related to vandalism, which fully reveals the structure of prevention, considering the significance and area of vandalism. During the study of the procedure for preventing vandalism, it was established that one of the areas of prevention in law enforcement activities are social-wide measures. It is determined that social-wide prevention, first of all, should be aimed at improving the well-being of the population through influencing social transformations that determine the social, economic, cultural and educational, ideological, legal, organisational and managerial existence of society. It is highlighted that the peculiarity of prevention measures in modern conditions is to consider all elements of criminal offences initiated on the grounds of committing acts of vandalism. The practical significance of the study is both theoretical and practical, because the described scientific provisions, individual generalisations, conclusions, and recommendations can be used in the future in research and in the educational process, because today there is a tendency to a comprehensive study of vandalism to improve the effective mechanism for preventing it
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ATCI, İsa. "An Examination On Whether The State's Policy On Non-Muslim Temples Is Religious Or Political In The Islamic Law Of States." ATEBE, June 16, 2022. http://dx.doi.org/10.51575/atebe.1109648.

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People who are not Muslims but live under the rule of the Islamic state under certain conditions are called "non-Muslim". With the Prophet’s migration to Madinah, he encountered a non-Muslim community and clearly demonstrated his stance on them with the "Madinah Convention". As a result of the intense conquest movements that started with the Companions period, non-Muslim people became the citizen of the Islamic state. Legal arrangements have been made regarding these, and their status before the state and within the society has been determined. These people, who were not forced to accept the Islamic faith, were also given the freedom of belief and worship. However, by limiting the framework of this freedom to the interests of the Islamic state and Muslim society, social security and peace were ensured, and the basic parameters of coexistence were tried to be established. Islamic states have evaluated the non-Muslim temples in the places taken by peace and the places taken as a result of war. While obtaining the consent of the non-Muslim people for the demolition of the temples or the conversion of them into mosques in the places taken by peace; In the dispositions on the temples located in the places taken by the war, they were treated more freely. In principle, the principle of not touching or repairing the temples of non-Muslims built before the conquest was preserved in almost all periods, and the construction of new temples was not viewed positively. Yes, as a requirement of religion, non-Muslims were freed in their beliefs and were not forced to become Muslims, taking into account the freedom of religion and conscience. However, in order for the Muslim community to preserve its religion, non-Muslims are not allowed to live their religion, culture and traditions in front of the public; Restrictions have also been imposed on their temples. In this context, a series of measures were taken, such as the demolition of some churches and the reduction of the number of existing temples. Despite this, it was also allowed to build new temples in case of necessity. In this case, the magnificent construction of the temples was not allowed, and they were required to comply with some criteria in architecture. In this study, starting from the time of the Prophet, an answer will be sought to the question of whether the policies carried out by the Islamic states towards the places of worship of non-Muslims are religious or political, with some examples of practice from different periods of the history of Islamic law. In this context, the status of the temples belonging to these people, who are defined as "dhimmis" in the Islamic state, rather than their general legal status, forms the basis of our study. Our study has been limited to Christian and Jewish temples.
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48

Chopyak, Valentyna, and Vassyl Lonchyna. "IN THE THIRD YEAR OF WAR: SIGNS OF GENOCIDE OF THE UKRAINIAN PEOPLE THROUGH THE DESTRUCTION OF MEDICINE, SCIENCE, AND EDUCATION." Proceeding of the Shevchenko Scientific Society. Medical Sciences 73, no. 1 (June 28, 2024). http://dx.doi.org/10.25040/ntsh2024.01.02.

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The war in Ukraine has serious consequences for the entire Ukrainian society and the world in general. The Ukrainian people have once again suffered a tragic event at the hands of the Russian Federation in the 21st century, resulting in a bloody genocide and undermining the concept of freedom for all humanity. Ukraine survived the Holodomor genocides of the 1920s, 1930s and 1940s, the occupation wars of the Soviet Union in the early 1920s and late 1930s, and deportations of Ukrainians in the 20th and 21st centuries [1]. Every family remembers the significant losses of loved ones through generations and their suffering across the world. The concept of genocide as a crime emerged in international law after the Second World War. Lawyer Raphael Lemkin, a Polish and American legal practitioner of Jewish origin, first introduced the term genocide as a legal concept. In the early 1920s, R. Lemkin studied philology and then law at the Jan Kazimierz University of Lviv. He defended his doctoral thesis at Heidelberg University in Germany, served as an assistant prosecutor in Berezhany in Ternopil Region, and lectured in Warsaw. In the early 1930s, he represented Poland at international legal conferences, and as early as 1933, he suggested that those who deliberately harmed a large group of people out of hatred and destroyed their cultural treasures, engaged in “vandalism,” killed, and raped should be considered as manifestations of genocide. People who performed actions or gave orders to do them should be tried and punished [2]. On December 9, 1948, the United Nations General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide. The definition of genocide is used in the Rome Statute of the International Criminal Court [3]. The following acts committed with the intention of complete or partial destruction of the national, ethnic, racial or religious group are considered genocide: 1) murder; 2) causing severe physical or mental injuries; 3) deliberate creation of living conditions that are designed for complete or partial destruction; 4) actions intended to prevent the birth of children; 5) forcible transfer of children of this group to another group [4]. Thousands of Ukrainian civilians, wounded, soldiers, and prisoners of war have been victims of violent murders in this war. Russian prisoners of war have given testimony: “We had an order to immediately shoot anyone over 15 years of age without a word. 20 to 24 individuals were executed, including teenagers aged 10–15 and 17... we cleared the building. It was unimportant who was there... In Soledar and Bakhmut, 150 Wagner Group mercenaries killed everyone – women, men, retired, and children, including young ones aged five... If they disobeyed orders, they were killed” [5]. They not only murdered civilian Ukrainians but were also ordered to finish off injured Ukrainian soldiers and shoot and behead prisoners[5]. In Geneva, Chair of the UN Independent International Commission of Inquiry, Erik Møse, stated that while no evidence had yet been found, the question «of the genocide in Ukraine presented by independent experts regarding the actions of the Russian aggressor (killings, inflicting severe bodily or mental injuries) needed further investigation». This is how the UN works, not for the people, but for the Russian Federation!!! [6] The International Criminal Court in the Hague, which has the authority to prosecute individuals responsible for genocide, war crimes, and crimes against humanity, has only recognized the fifth item as a manifestation of genocide in Ukraine – the forcible transfer of children from one group to another. The International Criminal Court issued an arrest warrant for the President of the Russian Federation, Vladimir Putin, for deporting Ukrainian children to Russia, as well as for the RF Commissioner for Children’s Rights, Maria Lvova-Belova, who is suspected of committing a war crime. The courageous and consistent chief prosecutor of the International Criminal Court, Karim Khan, believes that no one should feel free to commit crimes [7]. We review the third and fourth items of the UN Convention in this article, which demonstrate signs of genocide in Ukraine and are associated with medicine, education, and science. Specifically, the intentional creation of living conditions intended for complete or partial destruction, actions intended to prevent the birth of children. Since late February 2022 and up to the present day, the WHO has verified 1,773 attacks on the healthcare system in Ukraine, resulting in the deaths of at least 136 medical workers and injuries to 288 [8]. 1,564 medical facilities were damaged, and an additional 208 were completely destroyed. During this period, the Russian army also destroyed 260 ambulances, damaged 161, and captured another 125. The enemy attacks medical infrastructure, such as hospitals, outpatient healthcare facilities, maternity hospitals, polyclinics, etc., on a daily basis [9]. In 2024, the attacks intensified. The healthcare infrastructure has suffered significant damage, particularly in areas near the front line. Up to 14% of facilities were completely destroyed, and up to 48% experienced partial damage. During this period, 40% of all attacks on the healthcare system are targeted at the primary level of medical care, hindering Ukrainians’ access to essential medical services. Emergency medical care centers accounted for 15% of the attacks. The number of double strikes has increased, posing an even greater danger to emergency workers and civilians. Emergency service workers and medical transport personnel are three times more likely to be injured by such strikes compared to other medical professionals. The most significant damage was suffered by medical facilities in Kharkiv, Donetsk, Mykolaiv, Kyiv, Chernihiv, Dnipropetrovsk, Kherson, and Zaporizhzhia Oblasts. The cost of medications has increased for the state during the war, particularly when inpatient treatment for patients is required. Patients purchase many medications themselves. Delivery of medicines to frontline regions is challenging. Providing access to medications is a significant issue in the healthcare sector, especially in areas that are subjected to constant shelling. As of April 2023, 75% of individuals had faced challenges because of the rising cost of medications, and 44% had difficulties obtaining them[10]. From February 24, 2022 to September 2023, complicated patients with oncological, autoimmune, and cardiovascular conditions who were receiving medication through clinical trials were affected. According to data from the State Expert Center of Ukraine, at the onset of the full-scale war, international sponsors of clinical trials suspended patient recruitment for 217 clinical trials. 234 clinical trials were prematurely terminated. Participants in the clinical trials were given four options: continuing treatment at the trial site (if possible), withdrawing from the trial early, transferring to other sites within Ukraine, or transferring to locations outside of Ukraine. Displaced patients scattered across over 25 countries around the world. The top therapeutic fields of transferred researched individuals were oncology, neurology, gastroenterology, rheumatology, and cardiology [10]. Damaging the energy infrastructure in Ukraine directly impacts the functioning of healthcare facilities. This applies to both the supply of electricity and water. Following the strikes on energy infrastructure last month, the winter season of 2024–2025 is likely to be extremely challenging. We also need to consider the availability of quality water and adequate sanitation, which are essential conditions for ensuring public health. 22% of households in the frontline regions delay seeking medical assistance. This is mainly due to financial constraints. Specifically, 24% of households are unable to afford medication, while 51% cannot cover the cost of medical services or vaccinations. Furthermore, there is an increasing lack of medical staff and a significant level of burnout. They feel a double burden. Medical professionals are part of affected communities in need of support and psychological assistance [11,12]. Therefore, the deliberate killing of patients and medical staff, the destruction of hospitals, polyclinics, outpatient medical facilities, and maternity hospitals, the destruction of the energy supply of medical facilities, the double bombing of ambulances, the inability to obtain necessary medications for patients, especially the seriously ill, the lack of possibility of getting medical assistance for Ukrainian citizens on their own territory are all consequences of the treacherous war waged by the Russian Federation against a neighboring country with the aim of seizing Ukrainian lands. Isn’t it a manifestation of genocide? Citizens of Ukraine have been deprived of the right to normal medical care for a third consecutive year! As medical professionals, we would like to ask the UN Investigative Committee if this could be considered a form of genocide. Children and young people have faced terrible trials as a result of the brutal war, depriving them of a normal life and education. 1,790 children have been recognized as victims during the deceitful war in Ukraine. 535 children have died, and over 1,255 have sustained injuries of varying degrees of severity, according to official information from juvenile prosecutors [13]. Many children and students had their schools, colleges, institutes, and universities destroyed or captured. 410 educational institutions were completely destroyed, and over 3,500 were damaged [14]. Due to frequent air raid alerts and bombings in Ukraine, education takes place in shelters or remotely. Children and youth lack the chance to obtain a quality education, making it challenging for them to enroll in higher educational institutions. More than a million children are unable to communicate with their teachers and friends because they are pursuing distance learning. Children living in the frontline territories of Ukraine have been forced to spend about 5,000 hours in underground shelters and the subway over the past two years [14]. The future of Ukraine greatly depends on the higher education of its youth. More than ten universities and research institutes were destroyed, with up to 40 experiencing destruction. Many students and faculty had to relocate to safe areas in Western Ukraine or evacuate abroad [15]. Ukrainian science has been suffering losses due to Russian aggression since 2014, following the occupation of Crimea and parts of Donetsk and Luhansk Regions. This resulted in Ukrainian scientific and educational institutions losing their premises, equipment, and some employees. They were forced to restructure their work during the evacuation. Since February 24, 2022, Ukraine has suffered unparalleled losses to its scientific community, with casualties including renowned professors, associate professors, senior researchers, assistants, graduate students, and undergraduates. By April 2024, over 140 Ukrainian scientists had perished in the full-scale Russian-Ukrainian war. We have lost highly talented individuals – the cream of the Ukrainian society [16]. Research and professional development opportunities for scientists in Ukraine are limited or completely absent due to the war. Continuous shelling, life-threatening situations, ruined labs, lecture halls, and research institutes, financial shortages, absence of basic amenities (power cuts, internet and mobile communication disruptions, etc.), displacement, forced emigration, and Russian occupation are just some of the challenges faced by students, teachers, and scientists. According to the National Research Fund, only 57 out of 169 teams are prepared to resume their scientific research and development under martial law conditions. Only 62 teams can continue their work under specific circumstances, and 50 teams will be unable to continue their research at all [17]. Therefore, the deliberate destruction of educational and scientific institutions provides grounds to label the actions of the Russian Federation as “scientific genocide” against Ukrainian citizens. This is all part of the genocide of the Ukrainian people, aimed at eradicating Ukraine’s intellectual capacity. Ukrainians have been denied access to proper education and science due to the war initiated by the Russian Federation. In conclusion, we call upon the civilized world that upholds democratic principles, the UN, and the International Criminal Court in The Hague! You are observing another genocide and its elements: urbicide, eliticide, linguicide, ecocide, and culturicide of the ancient Ukrainian people living in the heart of Europe. Ukraine has suffered all five legal indicators of genocide as adopted by the Rome Statute during this war. We do not want other European and world countries to experience this horror! We beg you: make strategically correct decisions for the future of humanity, because it may be too late for everyone!
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Baliulis, Algirdas. "Guilds of craftsmen in Merkinė in the 17th century." Lituanistica 56, no. 1-4 (December 22, 2010). http://dx.doi.org/10.6001/lituanistica.v56i1-4.4674.

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On 7 December 1569, the town of Merkinė received the Magdeburg Law from the Grand Duke Žygimantas Augustas of Lithuania. The newly granted rights of municipality allowed the local craftsmen to set up their guilds. It is known that the guild of shoemakers was established there in 1614, that of curriers in 1618, that of tailors in 1639, that of merchants in 1650. There is a mention of the head of the guild of butchers dating from 1707, but the date of the establishement of this guild remains unknown. The ruler used to confirm the statutes of the newly established guilds; some statutes were reconfirmed upon new accession to the throne. This article discloses the hierarchical structure within the guilds by discussing the appropriate paragraphs of the statutes; also, it demonstrates the basic conditions within which the members of the guilds took part in the social life of the town and the state. The relations among different guilds of the town are also discussed. After the town had been ransacked by Muscovite troops in 1655, the guilds disappeared for long. Some sort of recovery is to be seen in that King Augustus II reconfirmed the statutes of shoemakers in 1718. On that occasion, the ruler had also to fordid the Jews from trading in the imported goods of this sort, as the craftsmen of Merkinė were too weak to survive in the face of this kind of rivalry.
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Bowers, Olivia, and Mifrah Hayath. "Cultural Relativity and Acceptance of Embryonic Stem Cell Research." Voices in Bioethics 10 (May 16, 2024). http://dx.doi.org/10.52214/vib.v10i.12685.

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Photo ID 158378414 © Eduard Muzhevskyi | Dreamstime.com ABSTRACT There is a debate about the ethical implications of using human embryos in stem cell research, which can be influenced by cultural, moral, and social values. This paper argues for an adaptable framework to accommodate diverse cultural and religious perspectives. By using an adaptive ethics model, research protections can reflect various populations and foster growth in stem cell research possibilities. INTRODUCTION Stem cell research combines biology, medicine, and technology, promising to alter health care and the understanding of human development. Yet, ethical contention exists because of individuals’ perceptions of using human embryos based on their various cultural, moral, and social values. While these disagreements concerning policy, use, and general acceptance have prompted the development of an international ethics policy, such a uniform approach can overlook the nuanced ethical landscapes between cultures. With diverse viewpoints in public health, a single global policy, especially one reflecting Western ethics or the ethics prevalent in high-income countries, is impractical. This paper argues for a culturally sensitive, adaptable framework for the use of embryonic stem cells. Stem cell policy should accommodate varying ethical viewpoints and promote an effective global dialogue. With an extension of an ethics model that can adapt to various cultures, we recommend localized guidelines that reflect the moral views of the people those guidelines serve. BACKGROUND Stem cells, characterized by their unique ability to differentiate into various cell types, enable the repair or replacement of damaged tissues. Two primary types of stem cells are somatic stem cells (adult stem cells) and embryonic stem cells. Adult stem cells exist in developed tissues and maintain the body’s repair processes.[1] Embryonic stem cells (ESC) are remarkably pluripotent or versatile, making them valuable in research.[2] However, the use of ESCs has sparked ethics debates. Considering the potential of embryonic stem cells, research guidelines are essential. The International Society for Stem Cell Research (ISSCR) provides international stem cell research guidelines. They call for “public conversations touching on the scientific significance as well as the societal and ethical issues raised by ESC research.”[3] The ISSCR also publishes updates about culturing human embryos 14 days post fertilization, suggesting local policies and regulations should continue to evolve as ESC research develops.[4] Like the ISSCR, which calls for local law and policy to adapt to developing stem cell research given cultural acceptance, this paper highlights the importance of local social factors such as religion and culture. I. Global Cultural Perspective of Embryonic Stem Cells Views on ESCs vary throughout the world. Some countries readily embrace stem cell research and therapies, while others have stricter regulations due to ethical concerns surrounding embryonic stem cells and when an embryo becomes entitled to moral consideration. The philosophical issue of when the “someone” begins to be a human after fertilization, in the morally relevant sense,[5] impacts when an embryo becomes not just worthy of protection but morally entitled to it. The process of creating embryonic stem cell lines involves the destruction of the embryos for research.[6] Consequently, global engagement in ESC research depends on social-cultural acceptability. a. US and Rights-Based Cultures In the United States, attitudes toward stem cell therapies are diverse. The ethics and social approaches, which value individualism,[7] trigger debates regarding the destruction of human embryos, creating a complex regulatory environment. For example, the 1996 Dickey-Wicker Amendment prohibited federal funding for the creation of embryos for research and the destruction of embryos for “more than allowed for research on fetuses in utero.”[8] Following suit, in 2001, the Bush Administration heavily restricted stem cell lines for research. However, the Stem Cell Research Enhancement Act of 2005 was proposed to help develop ESC research but was ultimately vetoed.[9] Under the Obama administration, in 2009, an executive order lifted restrictions allowing for more development in this field.[10] The flux of research capacity and funding parallels the different cultural perceptions of human dignity of the embryo and how it is socially presented within the country’s research culture.[11] b. Ubuntu and Collective Cultures African bioethics differs from Western individualism because of the different traditions and values. African traditions, as described by individuals from South Africa and supported by some studies in other African countries, including Ghana and Kenya, follow the African moral philosophies of Ubuntu or Botho and Ukama, which “advocates for a form of wholeness that comes through one’s relationship and connectedness with other people in the society,”[12] making autonomy a socially collective concept. In this context, for the community to act autonomously, individuals would come together to decide what is best for the collective. Thus, stem cell research would require examining the value of the research to society as a whole and the use of the embryos as a collective societal resource. If society views the source as part of the collective whole, and opposes using stem cells, compromising the cultural values to pursue research may cause social detachment and stunt research growth.[13] Based on local culture and moral philosophy, the permissibility of stem cell research depends on how embryo, stem cell, and cell line therapies relate to the community as a whole. Ubuntu is the expression of humanness, with the person’s identity drawn from the “’I am because we are’” value.[14] The decision in a collectivistic culture becomes one born of cultural context, and individual decisions give deference to others in the society. Consent differs in cultures where thought and moral philosophy are based on a collective paradigm. So, applying Western bioethical concepts is unrealistic. For one, Africa is a diverse continent with many countries with different belief systems, access to health care, and reliance on traditional or Western medicines. Where traditional medicine is the primary treatment, the “’restrictive focus on biomedically-related bioethics’” [is] problematic in African contexts because it neglects bioethical issues raised by traditional systems.”[15] No single approach applies in all areas or contexts. Rather than evaluating the permissibility of ESC research according to Western concepts such as the four principles approach, different ethics approaches should prevail. Another consideration is the socio-economic standing of countries. In parts of South Africa, researchers have not focused heavily on contributing to the stem cell discourse, either because it is not considered health care or a health science priority or because resources are unavailable.[16] Each country’s priorities differ given different social, political, and economic factors. In South Africa, for instance, areas such as maternal mortality, non-communicable diseases, telemedicine, and the strength of health systems need improvement and require more focus[17] Stem cell research could benefit the population, but it also could divert resources from basic medical care. Researchers in South Africa adhere to the National Health Act and Medicines Control Act in South Africa and international guidelines; however, the Act is not strictly enforced, and there is no clear legislation for research conduct or ethical guidelines.[18] Some parts of Africa condemn stem cell research. For example, 98.2 percent of the Tunisian population is Muslim.[19] Tunisia does not permit stem cell research because of moral conflict with a Fatwa. Religion heavily saturates the regulation and direction of research.[20] Stem cell use became permissible for reproductive purposes only recently, with tight restrictions preventing cells from being used in any research other than procedures concerning ART/IVF. Their use is conditioned on consent, and available only to married couples.[21] The community's receptiveness to stem cell research depends on including communitarian African ethics. c. Asia Some Asian countries also have a collective model of ethics and decision making.[22] In China, the ethics model promotes a sincere respect for life or human dignity,[23] based on protective medicine. This model, influenced by Traditional Chinese Medicine (TCM), [24] recognizes Qi as the vital energy delivered via the meridians of the body; it connects illness to body systems, the body’s entire constitution, and the universe for a holistic bond of nature, health, and quality of life.[25] Following a protective ethics model, and traditional customs of wholeness, investment in stem cell research is heavily desired for its applications in regenerative therapies, disease modeling, and protective medicines. In a survey of medical students and healthcare practitioners, 30.8 percent considered stem cell research morally unacceptable while 63.5 percent accepted medical research using human embryonic stem cells. Of these individuals, 89.9 percent supported increased funding for stem cell research.[26] The scientific community might not reflect the overall population. From 1997 to 2019, China spent a total of $576 million (USD) on stem cell research at 8,050 stem cell programs, increased published presence from 0.6 percent to 14.01 percent of total global stem cell publications as of 2014, and made significant strides in cell-based therapies for various medical conditions.[27] However, while China has made substantial investments in stem cell research and achieved notable progress in clinical applications, concerns linger regarding ethical oversight and transparency.[28] For example, the China Biosecurity Law, promoted by the National Health Commission and China Hospital Association, attempted to mitigate risks by introducing an institutional review board (IRB) in the regulatory bodies. 5800 IRBs registered with the Chinese Clinical Trial Registry since 2021.[29] However, issues still need to be addressed in implementing effective IRB review and approval procedures. The substantial government funding and focus on scientific advancement have sometimes overshadowed considerations of regional cultures, ethnic minorities, and individual perspectives, particularly evident during the one-child policy era. As government policy adapts to promote public stability, such as the change from the one-child to the two-child policy,[30] research ethics should also adapt to ensure respect for the values of its represented peoples. Japan is also relatively supportive of stem cell research and therapies. Japan has a more transparent regulatory framework, allowing for faster approval of regenerative medicine products, which has led to several advanced clinical trials and therapies.[31] South Korea is also actively engaged in stem cell research and has a history of breakthroughs in cloning and embryonic stem cells.[32] However, the field is controversial, and there are issues of scientific integrity. For example, the Korean FDA fast-tracked products for approval,[33] and in another instance, the oocyte source was unclear and possibly violated ethical standards.[34] Trust is important in research, as it builds collaborative foundations between colleagues, trial participant comfort, open-mindedness for complicated and sensitive discussions, and supports regulatory procedures for stakeholders. There is a need to respect the culture’s interest, engagement, and for research and clinical trials to be transparent and have ethical oversight to promote global research discourse and trust. d. Middle East Countries in the Middle East have varying degrees of acceptance of or restrictions to policies related to using embryonic stem cells due to cultural and religious influences. Saudi Arabia has made significant contributions to stem cell research, and conducts research based on international guidelines for ethical conduct and under strict adherence to guidelines in accordance with Islamic principles. Specifically, the Saudi government and people require ESC research to adhere to Sharia law. In addition to umbilical and placental stem cells,[35] Saudi Arabia permits the use of embryonic stem cells as long as they come from miscarriages, therapeutic abortions permissible by Sharia law, or are left over from in vitro fertilization and donated to research.[36] Laws and ethical guidelines for stem cell research allow the development of research institutions such as the King Abdullah International Medical Research Center, which has a cord blood bank and a stem cell registry with nearly 10,000 donors.[37] Such volume and acceptance are due to the ethical ‘permissibility’ of the donor sources, which do not conflict with religious pillars. However, some researchers err on the side of caution, choosing not to use embryos or fetal tissue as they feel it is unethical to do so.[38] Jordan has a positive research ethics culture.[39] However, there is a significant issue of lack of trust in researchers, with 45.23 percent (38.66 percent agreeing and 6.57 percent strongly agreeing) of Jordanians holding a low level of trust in researchers, compared to 81.34 percent of Jordanians agreeing that they feel safe to participate in a research trial.[40] Safety testifies to the feeling of confidence that adequate measures are in place to protect participants from harm, whereas trust in researchers could represent the confidence in researchers to act in the participants’ best interests, adhere to ethical guidelines, provide accurate information, and respect participants’ rights and dignity. One method to improve trust would be to address communication issues relevant to ESC. Legislation surrounding stem cell research has adopted specific language, especially concerning clarification “between ‘stem cells’ and ‘embryonic stem cells’” in translation.[41] Furthermore, legislation “mandates the creation of a national committee… laying out specific regulations for stem-cell banking in accordance with international standards.”[42] This broad regulation opens the door for future global engagement and maintains transparency. However, these regulations may also constrain the influence of research direction, pace, and accessibility of research outcomes. e. Europe In the European Union (EU), ethics is also principle-based, but the principles of autonomy, dignity, integrity, and vulnerability are interconnected.[43] As such, the opportunity for cohesion and concessions between individuals’ thoughts and ideals allows for a more adaptable ethics model due to the flexible principles that relate to the human experience The EU has put forth a framework in its Convention for the Protection of Human Rights and Dignity of the Human Being allowing member states to take different approaches. Each European state applies these principles to its specific conventions, leading to or reflecting different acceptance levels of stem cell research. [44] For example, in Germany, Lebenzusammenhang, or the coherence of life, references integrity in the unity of human culture. Namely, the personal sphere “should not be subject to external intervention.”[45] Stem cell interventions could affect this concept of bodily completeness, leading to heavy restrictions. Under the Grundgesetz, human dignity and the right to life with physical integrity are paramount.[46] The Embryo Protection Act of 1991 made producing cell lines illegal. Cell lines can be imported if approved by the Central Ethics Commission for Stem Cell Research only if they were derived before May 2007.[47] Stem cell research respects the integrity of life for the embryo with heavy specifications and intense oversight. This is vastly different in Finland, where the regulatory bodies find research more permissible in IVF excess, but only up to 14 days after fertilization.[48] Spain’s approach differs still, with a comprehensive regulatory framework.[49] Thus, research regulation can be culture-specific due to variations in applied principles. Diverse cultures call for various approaches to ethical permissibility.[50] Only an adaptive-deliberative model can address the cultural constructions of self and achieve positive, culturally sensitive stem cell research practices.[51] II. Religious Perspectives on ESC Embryonic stem cell sources are the main consideration within religious contexts. While individuals may not regard their own religious texts as authoritative or factual, religion can shape their foundations or perspectives. The Qur'an states: “And indeed We created man from a quintessence of clay. Then We placed within him a small quantity of nutfa (sperm to fertilize) in a safe place. Then We have fashioned the nutfa into an ‘alaqa (clinging clot or cell cluster), then We developed the ‘alaqa into mudgha (a lump of flesh), and We made mudgha into bones, and clothed the bones with flesh, then We brought it into being as a new creation. So Blessed is Allah, the Best of Creators.”[52] Many scholars of Islam estimate the time of soul installment, marked by the angel breathing in the soul to bring the individual into creation, as 120 days from conception.[53] Personhood begins at this point, and the value of life would prohibit research or experimentation that could harm the individual. If the fetus is more than 120 days old, the time ensoulment is interpreted to occur according to Islamic law, abortion is no longer permissible.[54] There are a few opposing opinions about early embryos in Islamic traditions. According to some Islamic theologians, there is no ensoulment of the early embryo, which is the source of stem cells for ESC research.[55] In Buddhism, the stance on stem cell research is not settled. The main tenets, the prohibition against harming or destroying others (ahimsa) and the pursuit of knowledge (prajña) and compassion (karuna), leave Buddhist scholars and communities divided.[56] Some scholars argue stem cell research is in accordance with the Buddhist tenet of seeking knowledge and ending human suffering. Others feel it violates the principle of not harming others. Finding the balance between these two points relies on the karmic burden of Buddhist morality. In trying to prevent ahimsa towards the embryo, Buddhist scholars suggest that to comply with Buddhist tenets, research cannot be done as the embryo has personhood at the moment of conception and would reincarnate immediately, harming the individual's ability to build their karmic burden.[57] On the other hand, the Bodhisattvas, those considered to be on the path to enlightenment or Nirvana, have given organs and flesh to others to help alleviate grieving and to benefit all.[58] Acceptance varies on applied beliefs and interpretations. Catholicism does not support embryonic stem cell research, as it entails creation or destruction of human embryos. This destruction conflicts with the belief in the sanctity of life. For example, in the Old Testament, Genesis describes humanity as being created in God’s image and multiplying on the Earth, referencing the sacred rights to human conception and the purpose of development and life. In the Ten Commandments, the tenet that one should not kill has numerous interpretations where killing could mean murder or shedding of the sanctity of life, demonstrating the high value of human personhood. In other books, the theological conception of when life begins is interpreted as in utero,[59] highlighting the inviolability of life and its formation in vivo to make a religious point for accepting such research as relatively limited, if at all.[60] The Vatican has released ethical directives to help apply a theological basis to modern-day conflicts. The Magisterium of the Church states that “unless there is a moral certainty of not causing harm,” experimentation on fetuses, fertilized cells, stem cells, or embryos constitutes a crime.[61] Such procedures would not respect the human person who exists at these stages, according to Catholicism. Damages to the embryo are considered gravely immoral and illicit.[62] Although the Catholic Church officially opposes abortion, surveys demonstrate that many Catholic people hold pro-choice views, whether due to the context of conception, stage of pregnancy, threat to the mother’s life, or for other reasons, demonstrating that practicing members can also accept some but not all tenets.[63] Some major Jewish denominations, such as the Reform, Conservative, and Reconstructionist movements, are open to supporting ESC use or research as long as it is for saving a life.[64] Within Judaism, the Talmud, or study, gives personhood to the child at birth and emphasizes that life does not begin at conception:[65] “If she is found pregnant, until the fortieth day it is mere fluid,”[66] Whereas most religions prioritize the status of human embryos, the Halakah (Jewish religious law) states that to save one life, most other religious laws can be ignored because it is in pursuit of preservation.[67] Stem cell research is accepted due to application of these religious laws. We recognize that all religions contain subsets and sects. The variety of environmental and cultural differences within religious groups requires further analysis to respect the flexibility of religious thoughts and practices. We make no presumptions that all cultures require notions of autonomy or morality as under the common morality theory, which asserts a set of universal moral norms that all individuals share provides moral reasoning and guides ethical decisions.[68] We only wish to show that the interaction with morality varies between cultures and countries. III. A Flexible Ethical Approach The plurality of different moral approaches described above demonstrates that there can be no universally acceptable uniform law for ESC on a global scale. Instead of developing one standard, flexible ethical applications must be continued. We recommend local guidelines that incorporate important cultural and ethical priorities. While the Declaration of Helsinki is more relevant to people in clinical trials receiving ESC products, in keeping with the tradition of protections for research subjects, consent of the donor is an ethical requirement for ESC donation in many jurisdictions including the US, Canada, and Europe.[69] The Declaration of Helsinki provides a reference point for regulatory standards and could potentially be used as a universal baseline for obtaining consent prior to gamete or embryo donation. For instance, in Columbia University’s egg donor program for stem cell research, donors followed standard screening protocols and “underwent counseling sessions that included information as to the purpose of oocyte donation for research, what the oocytes would be used for, the risks and benefits of donation, and process of oocyte stimulation” to ensure transparency for consent.[70] The program helped advance stem cell research and provided clear and safe research methods with paid participants. Though paid participation or covering costs of incidental expenses may not be socially acceptable in every culture or context,[71] and creating embryos for ESC research is illegal in many jurisdictions, Columbia’s program was effective because of the clear and honest communications with donors, IRBs, and related stakeholders. This example demonstrates that cultural acceptance of scientific research and of the idea that an egg or embryo does not have personhood is likely behind societal acceptance of donating eggs for ESC research. As noted, many countries do not permit the creation of embryos for research. Proper communication and education regarding the process and purpose of stem cell research may bolster comprehension and garner more acceptance. “Given the sensitive subject material, a complete consent process can support voluntary participation through trust, understanding, and ethical norms from the cultures and morals participants value. This can be hard for researchers entering countries of different socioeconomic stability, with different languages and different societal values.[72] An adequate moral foundation in medical ethics is derived from the cultural and religious basis that informs knowledge and actions.[73] Understanding local cultural and religious values and their impact on research could help researchers develop humility and promote inclusion. IV. Concerns Some may argue that if researchers all adhere to one ethics standard, protection will be satisfied across all borders, and the global public will trust researchers. However, defining what needs to be protected and how to define such research standards is very specific to the people to which standards are applied. We suggest that applying one uniform guide cannot accurately protect each individual because we all possess our own perceptions and interpretations of social values.[74] Therefore, the issue of not adjusting to the moral pluralism between peoples in applying one standard of ethics can be resolved by building out ethics models that can be adapted to different cultures and religions. Other concerns include medical tourism, which may promote health inequities.[75] Some countries may develop and approve products derived from ESC research before others, compromising research ethics or drug approval processes. There are also concerns about the sale of unauthorized stem cell treatments, for example, those without FDA approval in the United States. Countries with robust research infrastructures may be tempted to attract medical tourists, and some customers will have false hopes based on aggressive publicity of unproven treatments.[76] For example, in China, stem cell clinics can market to foreign clients who are not protected under the regulatory regimes. Companies employ a marketing strategy of “ethically friendly” therapies. Specifically, in the case of Beike, China’s leading stem cell tourism company and sprouting network, ethical oversight of administrators or health bureaus at one site has “the unintended consequence of shifting questionable activities to another node in Beike's diffuse network.”[77] In contrast, Jordan is aware of stem cell research’s potential abuse and its own status as a “health-care hub.” Jordan’s expanded regulations include preserving the interests of individuals in clinical trials and banning private companies from ESC research to preserve transparency and the integrity of research practices.[78] The social priorities of the community are also a concern. The ISSCR explicitly states that guidelines “should be periodically revised to accommodate scientific advances, new challenges, and evolving social priorities.”[79] The adaptable ethics model extends this consideration further by addressing whether research is warranted given the varying degrees of socioeconomic conditions, political stability, and healthcare accessibilities and limitations. An ethical approach would require discussion about resource allocation and appropriate distribution of funds.[80] CONCLUSION While some religions emphasize the sanctity of life from conception, which may lead to public opposition to ESC research, others encourage ESC research due to its potential for healing and alleviating human pain. Many countries have special regulations that balance local views on embryonic personhood, the benefits of research as individual or societal goods, and the protection of human research subjects. To foster understanding and constructive dialogue, global policy frameworks should prioritize the protection of universal human rights, transparency, and informed consent. In addition to these foundational global policies, we recommend tailoring local guidelines to reflect the diverse cultural and religious perspectives of the populations they govern. Ethics models should be adapted to local populations to effectively establish research protections, growth, and possibilities of stem cell research. For example, in countries with strong beliefs in the moral sanctity of embryos or heavy religious restrictions, an adaptive model can allow for discussion instead of immediate rejection. In countries with limited individual rights and voice in science policy, an adaptive model ensures cultural, moral, and religious views are taken into consideration, thereby building social inclusion. While this ethical consideration by the government may not give a complete voice to every individual, it will help balance policies and maintain the diverse perspectives of those it affects. Embracing an adaptive ethics model of ESC research promotes open-minded dialogue and respect for the importance of human belief and tradition. By actively engaging with cultural and religious values, researchers can better handle disagreements and promote ethical research practices that benefit each society. This brief exploration of the religious and cultural differences that impact ESC research reveals the nuances of relative ethics and highlights a need for local policymakers to apply a more intense adaptive model. - [1] Poliwoda, S., Noor, N., Downs, E., Schaaf, A., Cantwell, A., Ganti, L., Kaye, A. D., Mosel, L. I., Carroll, C. B., Viswanath, O., & Urits, I. (2022). Stem cells: a comprehensive review of origins and emerging clinical roles in medical practice. 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[14] Jecker, N. S., & Atuire, C. (2021). Bioethics in Africa: A contextually enlightened analysis of three cases. Developing World Bioethics, 22(2), 112–122. https://doi.org/10.1111/dewb.12324 [15] Jecker, N. S., & Atuire, C. (2021). Bioethics in Africa: A contextually enlightened analysis of three cases. Developing World Bioethics, 22(2), 112–122. https://doi.org/10.1111/dewb.12324 [16] Jackson, C.S., Pepper, M.S. Opportunities and barriers to establishing a cell therapy programme in South Africa. Stem Cell Res Ther 4, 54 (2013). https://doi.org/10.1186/scrt204; Pew Research Center. (2014, May 1). Public health a major priority in African nations. Pew Research Center’s Global Attitudes Project. https://www.pewresearch.org/global/2014/05/01/public-health-a-major-priority-in-african-nations/ [17] Department of Health Republic of South Africa. (2021). Health Research Priorities (revised) for South Africa 2021-2024. 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Middle East Fertil Soc J 24, 8 (2020). https://doi.org/10.1186/s43043-019-0011-0; Gaobotse, G. (2018) Stem Cell Research in Africa: Legislation and Challenges. J Regen Med 7:1. doi: 10.4172/2325-9620.1000142 [22] Pang M. C. (1999). Protective truthfulness: the Chinese way of safeguarding patients in informed treatment decisions. Journal of medical ethics, 25(3), 247–253. https://doi.org/10.1136/jme.25.3.247 [23] Wang, L., Wang, F., & Zhang, W. (2021). Bioethics in China’s biosecurity law: Forms, effects, and unsettled issues. Journal of law and the biosciences, 8(1). https://doi.org/10.1093/jlb/lsab019 https://academic.oup.com/jlb/article/8/1/lsab019/6299199 [24] Wang, Y., Xue, Y., & Guo, H. D. (2022). Intervention effects of traditional Chinese medicine on stem cell therapy of myocardial infarction. Frontiers in pharmacology, 13, 1013740. https://doi.org/10.3389/fphar.2022.1013740 [25] Li, X.-T., & Zhao, J. (2012). Chapter 4: An Approach to the Nature of Qi in TCM- Qi and Bioenergy. In Recent Advances in Theories and Practice of Chinese Medicine (p. 79). InTech. [26] Luo, D., Xu, Z., Wang, Z., & Ran, W. (2021). China's Stem Cell Research and Knowledge Levels of Medical Practitioners and Students. Stem cells international, 2021, 6667743. https://doi.org/10.1155/2021/6667743 [27] Luo, D., Xu, Z., Wang, Z., & Ran, W. (2021). China's Stem Cell Research and Knowledge Levels of Medical Practitioners and Students. Stem cells international, 2021, 6667743. https://doi.org/10.1155/2021/6667743 [28] Zhang, J. Y. (2017). Lost in translation? accountability and governance of Clinical Stem Cell Research in China. Regenerative Medicine, 12(6), 647–656. https://doi.org/10.2217/rme-2017-0035 [29] Wang, L., Wang, F., & Zhang, W. (2021). Bioethics in China’s biosecurity law: Forms, effects, and unsettled issues. Journal of law and the biosciences, 8(1). https://doi.org/10.1093/jlb/lsab019 https://academic.oup.com/jlb/article/8/1/lsab019/6299199 [30] Chen, H., Wei, T., Wang, H. et al. Association of China’s two-child policy with changes in number of births and birth defects rate, 2008–2017. BMC Public Health 22, 434 (2022). https://doi.org/10.1186/s12889-022-12839-0 [31] Azuma, K. Regulatory Landscape of Regenerative Medicine in Japan. Curr Stem Cell Rep 1, 118–128 (2015). https://doi.org/10.1007/s40778-015-0012-6 [32] Harris, R. (2005, May 19). Researchers Report Advance in Stem Cell Production. NPR. https://www.npr.org/2005/05/19/4658967/researchers-report-advance-in-stem-cell-production [33] Park, S. (2012). South Korea steps up stem-cell work. Nature. https://doi.org/10.1038/nature.2012.10565 [34] Resnik, D. B., Shamoo, A. E., & Krimsky, S. (2006). Fraudulent human embryonic stem cell research in South Korea: lessons learned. Accountability in research, 13(1), 101–109. https://doi.org/10.1080/08989620600634193. [35] Alahmad, G., Aljohani, S., & Najjar, M. F. (2020). Ethical challenges regarding the use of stem cells: interviews with researchers from Saudi Arabia. BMC medical ethics, 21(1), 35. https://doi.org/10.1186/s12910-020-00482-6 [36]Association for the Advancement of Blood and Biotherapies. https://www.aabb.org/regulatory-and-advocacy/regulatory-affairs/regulatory-for-cellular-therapies/international-competent-authorities/saudi-arabia [37] Alahmad, G., Aljohani, S., & Najjar, M. F. (2020). Ethical challenges regarding the use of stem cells: Interviews with researchers from Saudi Arabia. BMC medical ethics, 21(1), 35. https://doi.org/10.1186/s12910-020-00482-6 [38] Alahmad, G., Aljohani, S., & Najjar, M. F. (2020). Ethical challenges regarding the use of stem cells: Interviews with researchers from Saudi Arabia. BMC medical ethics, 21(1), 35. https://doi.org/10.1186/s12910-020-00482-6 Culturally, autonomy practices follow a relational autonomy approach based on a paternalistic deontological health care model. The adherence to strict international research policies and religious pillars within the regulatory environment is a great foundation for research ethics. However, there is a need to develop locally targeted ethics approaches for research (as called for in Alahmad, G., Aljohani, S., & Najjar, M. F. (2020). Ethical challenges regarding the use of stem cells: interviews with researchers from Saudi Arabia. BMC medical ethics, 21(1), 35. https://doi.org/10.1186/s12910-020-00482-6), this decision-making approach may help advise a research decision model. For more on the clinical cultural autonomy approaches, see: Alabdullah, Y. Y., Alzaid, E., Alsaad, S., Alamri, T., Alolayan, S. W., Bah, S., & Aljoudi, A. S. (2022). Autonomy and paternalism in Shared decision‐making in a Saudi Arabian tertiary hospital: A cross‐sectional study. Developing World Bioethics, 23(3), 260–268. https://doi.org/10.1111/dewb.12355; Bukhari, A. A. (2017). Universal Principles of Bioethics and Patient Rights in Saudi Arabia (Doctoral dissertation, Duquesne University). https://dsc.duq.edu/etd/124; Ladha, S., Nakshawani, S. A., Alzaidy, A., & Tarab, B. (2023, October 26). Islam and Bioethics: What We All Need to Know. Columbia University School of Professional Studies. https://sps.columbia.edu/events/islam-and-bioethics-what-we-all-need-know [39] Ababneh, M. A., Al-Azzam, S. I., Alzoubi, K., Rababa’h, A., & Al Demour, S. (2021). Understanding and attitudes of the Jordanian public about clinical research ethics. Research Ethics, 17(2), 228-241. https://doi.org/10.1177/1747016120966779 [40] Ababneh, M. A., Al-Azzam, S. I., Alzoubi, K., Rababa’h, A., & Al Demour, S. (2021). Understanding and attitudes of the Jordanian public about clinical research ethics. Research Ethics, 17(2), 228-241. https://doi.org/10.1177/1747016120966779 [41] Dajani, R. (2014). Jordan’s stem-cell law can guide the Middle East. Nature 510, 189. https://doi.org/10.1038/510189a [42] Dajani, R. (2014). Jordan’s stem-cell law can guide the Middle East. Nature 510, 189. https://doi.org/10.1038/510189a [43] The EU’s definition of autonomy relates to the capacity for creating ideas, moral insight, decisions, and actions without constraint, personal responsibility, and informed consent. However, the EU views autonomy as not completely able to protect individuals and depends on other principles, such as dignity, which “expresses the intrinsic worth and fundamental equality of all human beings.” Rendtorff, J.D., Kemp, P. (2019). Four Ethical Principles in European Bioethics and Biolaw: Autonomy, Dignity, Integrity and Vulnerability. In: Valdés, E., Lecaros, J. (eds) Biolaw and Policy in the Twenty-First Century. International Library of Ethics, Law, and the New Medicine, vol 78. Springer, Cham. https://doi.org/10.1007/978-3-030-05903-3_3 [44] Council of Europe. Convention for the protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine (ETS No. 164) https://www.coe.int/en/web/conventions/full-list?module=treaty-detail&treatynum=164 (forbidding the creation of embryos for research purposes only, and suggests embryos in vitro have protections.); Also see Drabiak-Syed B. K. (2013). New President, New Human Embryonic Stem Cell Research Policy: Comparative International Perspectives and Embryonic Stem Cell Research Laws in France. Biotechnology Law Report, 32(6), 349–356. https://doi.org/10.1089/blr.2013.9865 [45] Rendtorff, J.D., Kemp, P. (2019). Four Ethical Principles in European Bioethics and Biolaw: Autonomy, Dignity, Integrity and Vulnerability. In: Valdés, E., Lecaros, J. (eds) Biolaw and Policy in the Twenty-First Century. International Library of Ethics, Law, and the New Medicine, vol 78. Springer, Cham. https://doi.org/10.1007/978-3-030-05903-3_3 [46] Tomuschat, C., Currie, D. P., Kommers, D. P., & Kerr, R. (Trans.). (1949, May 23). Basic law for the Federal Republic of Germany. https://www.btg-bestellservice.de/pdf/80201000.pdf [47] Regulation of Stem Cell Research in Germany. Eurostemcell. (2017, April 26). https://www.eurostemcell.org/regulation-stem-cell-research-germany [48] Regulation of Stem Cell Research in Finland. Eurostemcell. (2017, April 26). https://www.eurostemcell.org/regulation-stem-cell-research-finland [49] Regulation of Stem Cell Research in Spain. Eurostemcell. (2017, April 26). https://www.eurostemcell.org/regulation-stem-cell-research-spain [50] Some sources to consider regarding ethics models or regulatory oversights of other cultures not covered: Kara MA. Applicability of the principle of respect for autonomy: the perspective of Turkey. J Med Ethics. 2007 Nov;33(11):627-30. doi: 10.1136/jme.2006.017400. PMID: 17971462; PMCID: PMC2598110. Ugarte, O. N., & Acioly, M. A. (2014). The principle of autonomy in Brazil: one needs to discuss it ... Revista do Colegio Brasileiro de Cirurgioes, 41(5), 374–377. https://doi.org/10.1590/0100-69912014005013 Bharadwaj, A., & Glasner, P. E. (2012). Local cells, global science: The rise of embryonic stem cell research in India. Routledge. For further research on specific European countries regarding ethical and regulatory framework, we recommend this database: Regulation of Stem Cell Research in Europe. Eurostemcell. (2017, April 26). https://www.eurostemcell.org/regulation-stem-cell-research-europe [51] Klitzman, R. (2006). Complications of culture in obtaining informed consent. The American Journal of Bioethics, 6(1), 20–21. https://doi.org/10.1080/15265160500394671 see also: Ekmekci, P. E., & Arda, B. (2017). Interculturalism and Informed Consent: Respecting Cultural Differences without Breaching Human Rights. Cultura (Iasi, Romania), 14(2), 159–172.; For why trust is important in research, see also: Gray, B., Hilder, J., Macdonald, L., Tester, R., Dowell, A., & Stubbe, M. (2017). Are research ethics guidelines culturally competent? Research Ethics, 13(1), 23-41. https://doi.org/10.1177/1747016116650235 [52] The Qur'an (M. Khattab, Trans.). (1965). Al-Mu’minun, 23: 12-14. https://quran.com/23 [53] Lenfest, Y. (2017, December 8). Islam and the beginning of human life. Bill of Health. https://blog.petrieflom.law.harvard.edu/2017/12/08/islam-and-the-beginning-of-human-life/ [54] Aksoy, S. (2005). Making regulations and drawing up legislation in Islamic countries under conditions of uncertainty, with special reference to embryonic stem cell research. Journal of Medical Ethics, 31:399-403.; see also: Mahmoud, Azza. "Islamic Bioethics: National Regulations and Guidelines of Human Stem Cell Research in the Muslim World." Master's thesis, Chapman University, 2022. https://doi.org/10.36837/ chapman.000386 [55] Rashid, R. (2022). When does Ensoulment occur in the Human Foetus. Journal of the British Islamic Medical Association, 12(4). ISSN 2634 8071. https://www.jbima.com/wp-content/uploads/2023/01/2-Ethics-3_-Ensoulment_Rafaqat.pdf. [56] Sivaraman, M. & Noor, S. (2017). Ethics of embryonic stem cell research according to Buddhist, Hindu, Catholic, and Islamic religions: perspective from Malaysia. Asian Biomedicine,8(1) 43-52. https://doi.org/10.5372/1905-7415.0801.260 [57] Jafari, M., Elahi, F., Ozyurt, S. & Wrigley, T. (2007). 4. Religious Perspectives on Embryonic Stem Cell Research. In K. Monroe, R. Miller & J. Tobis (Ed.), Fundamentals of the Stem Cell Debate: The Scientific, Religious, Ethical, and Political Issues (pp. 79-94). Berkeley: University of California Press. https://escholarship.org/content/qt9rj0k7s3/qt9rj0k7s3_noSplash_f9aca2e02c3777c7fb76ea768ba458f0.pdf https://doi.org/10.1525/9780520940994-005 [58] Lecso, P. A. (1991). The Bodhisattva Ideal and Organ Transplantation. Journal of Religion and Health, 30(1), 35–41. http://www.jstor.org/stable/27510629; Bodhisattva, S. (n.d.). The Key of Becoming a Bodhisattva. A Guide to the Bodhisattva Way of Life. http://www.buddhism.org/Sutras/2/BodhisattvaWay.htm [59] There is no explicit religious reference to when life begins or how to conduct research that interacts with the concept of life. However, these are relevant verses pertaining to how the fetus is viewed. ((King James Bible. (1999). Oxford University Press. (original work published 1769)) Jerimiah 1: 5 “Before I formed thee in the belly I knew thee; and before thou camest forth out of the womb I sanctified thee…” In prophet Jerimiah’s insight, God set him apart as a person known before childbirth, a theme carried within the Psalm of David. Psalm 139: 13-14 “…Thou hast covered me in my mother's womb. I will praise thee; for I am fearfully and wonderfully made…” These verses demonstrate David’s respect for God as an entity that would know of all man’s thoughts and doings even before birth. [60] It should be noted that abortion is not supported as well. [61] The Vatican. (1987, February 22). Instruction on Respect for Human Life in Its Origin and on the Dignity of Procreation Replies to Certain Questions of the Day. Congregation For the Doctrine of the Faith. https://www.vatican.va/roman_curia/congregations/cfaith/documents/rc_con_cfaith_doc_19870222_respect-for-human-life_en.html [62] The Vatican. (2000, August 25). Declaration On the Production and the Scientific and Therapeutic Use of Human Embryonic Stem Cells. Pontifical Academy for Life. https://www.vatican.va/roman_curia/pontifical_academies/acdlife/documents/rc_pa_acdlife_doc_20000824_cellule-staminali_en.html; Ohara, N. (2003). Ethical Consideration of Experimentation Using Living Human Embryos: The Catholic Church’s Position on Human Embryonic Stem Cell Research and Human Cloning. Department of Obstetrics and Gynecology. Retrieved from https://article.imrpress.com/journal/CEOG/30/2-3/pii/2003018/77-81.pdf. [63] Smith, G. A. (2022, May 23). Like Americans overall, Catholics vary in their abortion views, with regular mass attenders most opposed. Pew Research Center. https://www.pewresearch.org/short-reads/2022/05/23/like-americans-overall-catholics-vary-in-their-abortion-views-with-regular-mass-attenders-most-opposed/ [64] Rosner, F., & Reichman, E. (2002). Embryonic stem cell research in Jewish law. Journal of halacha and contemporary society, (43), 49–68.; Jafari, M., Elahi, F., Ozyurt, S. & Wrigley, T. (2007). 4. Religious Perspectives on Embryonic Stem Cell Research. In K. Monroe, R. Miller & J. Tobis (Ed.), Fundamentals of the Stem Cell Debate: The Scientific, Religious, Ethical, and Political Issues (pp. 79-94). Berkeley: University of California Press. https://escholarship.org/content/qt9rj0k7s3/qt9rj0k7s3_noSplash_f9aca2e02c3777c7fb76ea768ba458f0.pdf https://doi.org/10.1525/9780520940994-005 [65] Schenker J. G. (2008). The beginning of human life: status of embryo. Perspectives in Halakha (Jewish Religious Law). Journal of assisted reproduction and genetics, 25(6), 271–276. https://doi.org/10.1007/s10815-008-9221-6 [66] Ruttenberg, D. (2020, May 5). The Torah of Abortion Justice (annotated source sheet). Sefaria. https://www.sefaria.org/sheets/234926.7?lang=bi&with=all&lang2=en [67] Jafari, M., Elahi, F., Ozyurt, S. & Wrigley, T. (2007). 4. Religious Perspectives on Embryonic Stem Cell Research. In K. Monroe, R. Miller & J. Tobis (Ed.), Fundamentals of the Stem Cell Debate: The Scientific, Religious, Ethical, and Political Issues (pp. 79-94). Berkeley: University of California Press. https://escholarship.org/content/qt9rj0k7s3/qt9rj0k7s3_noSplash_f9aca2e02c3777c7fb76ea768ba458f0.pdf https://doi.org/10.1525/9780520940994-005 [68] Gert, B. (2007). Common morality: Deciding what to do. Oxford Univ. Press. [69] World Medical Association (2013). World Medical Association Declaration of Helsinki: ethical principles for medical research involving human subjects. JAMA, 310(20), 2191–2194. https://doi.org/10.1001/jama.2013.281053 Declaration of Helsinki – WMA – The World Medical Association.; see also: National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. (1979). The Belmont report: Ethical principles and guidelines for the protection of human subjects of research. U.S. Department of Health and Human Services. https://www.hhs.gov/ohrp/regulations-and-policy/belmont-report/read-the-belmont-report/index.html [70] Zakarin Safier, L., Gumer, A., Kline, M., Egli, D., & Sauer, M. V. (2018). Compensating human subjects providing oocytes for stem cell research: 9-year experience and outcomes. Journal of assisted reproduction and genetics, 35(7), 1219–1225. https://doi.org/10.1007/s10815-018-1171-z https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6063839/ see also: Riordan, N. H., & Paz Rodríguez, J. (2021). Addressing concerns regarding associated costs, transparency, and integrity of research in recent stem cell trial. Stem Cells Translational Medicine, 10(12), 1715–1716. https://doi.org/10.1002/sctm.21-0234 [71] Klitzman, R., & Sauer, M. V. (2009). Payment of egg donors in stem cell research in the USA. Reproductive biomedicine online, 18(5), 603–608. https://doi.org/10.1016/s1472-6483(10)60002-8 [72] Krosin, M. T., Klitzman, R., Levin, B., Cheng, J., & Ranney, M. L. (2006). Problems in comprehension of informed consent in rural and peri-urban Mali, West Africa. Clinical trials (London, England), 3(3), 306–313. https://doi.org/10.1191/1740774506cn150oa [73] Veatch, Robert M. Hippocratic, Religious, and Secular Medical Ethics: The Points of Conflict. Georgetown University Press, 2012. [74] Msoroka, M. S., & Amundsen, D. (2018). One size fits not quite all: Universal research ethics with diversity. Research Ethics, 14(3), 1-17. https://doi.org/10.1177/1747016117739939 [75] Pirzada, N. (2022). The Expansion of Turkey’s Medical Tourism Industry. Voices in Bioethics, 8. https://doi.org/10.52214/vib.v8i.9894 [76] Stem Cell Tourism: False Hope for Real Money. Harvard Stem Cell Institute (HSCI). (2023). https://hsci.harvard.edu/stem-cell-tourism, See also: Bissassar, M. (2017). Transnational Stem Cell Tourism: An ethical analysis. Voices in Bioethics, 3. https://doi.org/10.7916/vib.v3i.6027 [77]Song, P. (2011) The proliferation of stem cell therapies in post-Mao China: problematizing ethical regulation, New Genetics and Society, 30:2, 141-153, DOI: 10.1080/14636778.2011.574375 [78] Dajani, R. (2014). Jordan’s stem-cell law can guide the Middle East. Nature 510, 189. https://doi.org/10.1038/510189a [79] International Society for Stem Cell Research. (2024). Standards in stem cell research. International Society for Stem Cell Research. https://www.isscr.org/guidelines/5-standards-in-stem-cell-research [80] Benjamin, R. (2013). People’s science bodies and rights on the Stem Cell Frontier. Stanford University Press.
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