The Department of Contemporary Jurisprudence

International

Specialized Subjectology

Approximately 20 days ago, the Office of Contemporary Jurisprudence launched a general call for seminary and university thinkers to assist in the critique of the draft.

&nbsp;A number of seminary teachers and researchers working in jurisprudence, ethics, philosophy, law and artificial intelligence announced their readiness in this regard to present strategic&nbsp;and appropriate legislative recommendations.

The Head of Iran&#39;s Seminaries Ayatullah Arafi delivered the prepared critic on the document to President Raisi so that it may be used by the relevant Iranian authorities prevent the entry of such alien issues as the 2030 document (UNESCO&rsquo;s Sustainable development goals), which is in contrast to the Islamic-Iranian culture of the country.&nbsp;

The finalized UNESCO document on AI ethics will be reviewed, and a revised critique will be published as a standalone book.

Department of Contemporary Jurisprudence, Jurisprudence, UNESCO, AI

UNESCO has finalized its draft on artificial intelligence ethics document after two years of extensive work and revisions, and plans to present it for approval of the member states at the 41st meeting in Paris in October 2021.

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UNESCO Finalizes AI Ethics Draft, Set for Approval at 41st Meeting in Paris

Islamic Seminary

During his advanced kharij Fiq lessons in Qom&#39;s Grand Mosque Ayatollah Shabzendedar stated: &ldquo;The way to prevent these issues [desecrating hijab] from arising is that everyone - especially the ladies who maintain hijab and those who see Lady Fatimah and Lady Zeinab (peace be upon them both) as their leaders - should announce that they want the hijab. This desire should be announced to the entire world.&rdquo;

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He considered pro-hijab rallies in part of the country effective act that should be supported and stressed: &quot;The public should help officials deal with this issue with greater determination, by making their demands heard.&quot;

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Hijab acts as a unifying symbol for Muslim women, cultivating a sense of belonging and solidarity. The communal spirit enhances social bonds and fosters collective support. Additionally, it plays a vital role in promoting modesty, dignity, and respect, thereby contributing to the overall ethical health of society.

The member of Iran's Guardian Council notes that the issue of hijab shouldn't be tied to economic problems.

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GC Member Stresses Importance of Hijab as Principle

Article: Sovereignty and the Separation of Powers in John Locke

Author: Bedri Gencer

Bedri Gencer is a teacher in the Department of Humanities and Social Sciences in Yildiz Technical University located in Istanbul, Turkey. He is engaged in the fields of history, Islamic philosophy, and political philosophy. With an H-index of 9, his work has been cited 4 times in academic literature.

The journal The European Legacy specializes in research on historical, philosophical, ideological, and modern European cultural sources, exploring their connections and influences on the broader global context.

 
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Exposition of the article:

Unlike most interpretations that view Locke through a strictly modern lens, his conceptualization of sovereignty reflects a traditional and theological perspective. Locke aims to re-traditionalize the evolving world by adapting it to established concepts, drawing on theological, social, and political insights along the way.

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Article: The Rise and Fall of the Separation of Powers

 
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Author: Steven G. Calabresi, Mark E. Berghausen, Skylar Albertson

Steven G. Calabresi, one of the three authors of this article, earned his education at Yale University&#39;s Department of Law and currently serves as a professor at Northwestern University Pritzker School of Law. Additionally, he has been a visiting professor at Yale Law School and Brown University. Calabresi is also a co-founder of the Federalist Society.

Mark E. Berghausen is a graduate from the Northwestern University School of Law and at present, works in the field of litigation.

Skylar Albertson is also the third of the authors of the article and is a graduate from the Brown University School of Law, currently engaged in litigation field.

The article appeared in the Northwestern University Law Review, a journal published six times annually. With an H-index of 41, the journal is recognized for its credibility and holds a prestigious Q1 rating.

 
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Exposition of the article:

This article examines the separation of powers system in the United States, arguing that it leans more towards a democratized version of a mixed regime rather than a strictly functional separation of powers. The analysis draws on a brief historical overview of the U.S. system and its procedural framework.

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Seventh chapter of the book &lsquo;Constitutionalism and the Separation of Powers&rsquo; 

 
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Author: M. J. C. Vile

M. J. C. Vile, the author of the book, is a distinguished scholar and professor of political science. A graduate of Westminster University and the London School of Economics, his research focuses on federalism, the separation of powers, and the theory of constitutionalism. Vile has held academic positions at renowned institutions, including Nuffield College at Oxford University, the University of Massachusetts, and the University of Kent.

The present book was first published in 1967 and after that, it was re-printed several times. It is published by Liberty Fund, a private American publishing house founded in 1960 with a focus on education. According to Google Scholar, the book has been cited 1,531 times.

 
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Exposition of the work:

The theory of separation of powers has significantly influenced political institutions in the post-revolutionary era. In this section, the author argues that this phase in the evolution of the theory stems from a transition from Montesquieu&#39;s perspective to Rousseau&#39;s, incorporating Rousseau&#39;s political philosophy by introducing the concept of the &#39;House of Representatives.&#39; Beyond the historical context, examining this pivotal period in French history provides valuable insights into some of the most critical debates surrounding the separation of powers and the interpretations that have emerged from these controversies.

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Article: Montesquieu&rsquo;s Mistakes and the True Meaning of Separation

 
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Author: Laurence Claus

Laurence Claus, a professor of law at the University of San Diego, earned his doctorate from the University of Oxford. His primary areas of expertise include Comparative Constitutional Law, Constitutional Law, Contracts, and Animal Law. Among his notable works are A Republic, &#39;If the Courts Can Keep It?,&#39; &#39;Authority and Meaning,&#39; &#39;Enumeration and the Silences of Constitutional Federalism,&#39; &#39;The Divided Executive,&#39; &#39;Law&#39;s Evolution and Human Understanding,&#39; and &#39;The Empty Idea of Authority.&#39;

The Oxford Journal of Legal Studies, published by the University of Oxford on behalf of its Faculty of Law, is a renowned law journal, ranking third among non-specialized legal publications.

The journal covers a wide range of topics aimed at fostering a comprehensive understanding of all aspects of law. It emphasizes a theoretical and interdisciplinary approach, inviting exceptional original contributions in doctrinal and critical scholarship on both domestic and international law. Additionally, it welcomes works on comparative law, legal history, and legal philosophy. The publication has an H-index of 25, reflecting the number of citations it has received and serving as a measure of its academic credibility and reliability.

 
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Exposition of the article:

Montesquieu concluded in the book &lsquo;The spirit of the Laws&rsquo; that the constitution of liberty can best be achieved by assigning three essentially different governmental activities to different actors as it has been achieved in Britain. He was wrong. His mistaken conclusion rested on two errors. First, Montesquieu thought that the primary exercise of powers could durably be divided only where those powers differed in kind. Second, Montesquieu failed to recognize the lawmaking character of executive and judicial exposition of existing law.

The article examines the implications of Montesquieu&#39;s errors for contemporary assertions in both Britain and the United States that liberty and the rule of law are enhanced by the separation of powers in specific contexts. It critiques the British Government&#39;s recent argument that the principles underlying the separation-of-powers theory necessitate the removal of ultimate appellate jurisdiction from the House of Lords. Additionally, it explores Montesquieu&#39;s influence on the American founders&#39; efforts to separate powers along essentialist lines, highlighting some unintended consequences, such as the non-delegation quandary and the rise of an unchecked judicial lawmaker.

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Article: Internal Separation of Powers: Checking Today&rsquo;s Most Dangerous Branch From Within

Author: Neal Katyal

Neal Katyal, the Paul Saunders Chair in National Security Law at Georgetown University, previously served as Acting Solicitor General of the United States. He is renowned for his expertise in Constitutional Law, Criminal Law, and Intellectual Property. Katyal boasts an impressive track record, including arguing the most Supreme Court cases in U.S. history as a deputy attorney in 2017. Additionally, he has held roles such as National Security Adviser in the U.S. Justice Department and has been recognized as &quot;Lawyer of the Year&quot; by esteemed publications like Legal Times and National Law.

 
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This article was published in &lsquo;The Yale Law Journal&rsquo; in the year 2005. This journal, with a history of approximately 100 years, is one of the eight legal periodicals and the most extensive of them which is printed by the University of Yale. This journal is a student-run journal which is run by a team consisting of teachers and graduates of the university and many of the authors in this journal are amongst the highest law ranking personalities in America. This journal is amongst the journals which is of interest to legal societies of the United States.

The article was published in The Yale Law Journal in 2005. With a history spanning nearly a century, this journal is one of eight legal periodicals produced by Yale University and the most prominent among them. It is a student-run publication managed by a team of faculty members and alumni, featuring contributions from some of the most esteemed figures in American law. This journal is highly regarded by legal communities across the United States.

 
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Exposition of the article:

In today&#39;s governance system, where the executive branch wields extensive powers with limited surveillance and oversight, the separation of powers among the three branches has faltered. To address this issue, it is essential to divide politics and bureaucracy within the executive branch. Structural and historical factors have weakened legislative and judicial supervision over the executive branch, while the bureaucratic system&#39;s reliance on presidential decisions and political authorities has enabled the president to exercise unchecked power. This is particularly evident in confidential areas such as security and foreign policy, where the bureaucratic system is often leveraged to advance short-term political goals.

To address this issue, it is essential to depoliticize the bureaucracy and manage its affairs with specialized expertise, ensuring the president can oversee the executive branch in a controlled manner. This goal can be achieved through measures such as establishing distinct yet overlapping cabinet offices, mandating reviews of government actions by multiple agencies, implementing civil-service protections for employees, requiring regular reporting to Congress, and appointing an impartial authority to resolve inter-agency disputes. The proposal outlined in this article aims to create a competitive system with transparency, enabling internal oversight within the executive branch and ensuring the president&#39;s extensive powers are exercised under proper supervision.

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Article: Prelude to the Separation of Powers

 
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Author: Nicholas Barber

Nicholas Barber, the author of this article, began his studies at the University of Oxford&#39;s Faculty of Law in 1998. Two years later, he became a fellow at Trinity College. Barber earned both his bachelor and master degrees from Oxford and was appointed as a University Lecturer in Law in 2013. Four years later, he advanced to the role of Professor of Constitutional Law and Theory. Although Barber is a qualified lawyer, he is not actively practicing law. He has delivered numerous lectures on constitutional law and theory around the world and has published extensively in these fields. Notable among his works are The Principles of Constitutionalism and The Constitutional State.

The article was published in 2001 in Volume 60 of The Cambridge Law Journal, the primary academic publication of the Faculty of Law at the University of Cambridge. Originally founded by the Cambridge University Law Society as a student-led initiative, this journal is a distinguished academic platform. While it covers all areas of law, it places particular emphasis on contemporary legal developments.

A notable aspect of the journal is its Case and Comment section, where members of the Cambridge Law Faculty and other esteemed contributors provide analyses of recent judicial decisions, new legislation, and current law reform proposals. Additionally, it includes a comprehensive section dedicated to book reviews. This journal holds the distinction of being the oldest university law journal in the United Kingdom and ranks as the seventh most influential in the country.

 
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Exposition of the article:

The author&rsquo;s primary argument is that, contrary to the views of many thinkers, the essence of the theory of separation of powers lies in governmental efficiency rather than in safeguarding citizens&#39; freedom from authoritarian interference. The efficiency, the author asserts, is achieved through the effective alignment of form and function.

 
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A comprehensive exploration of books and articles focused on the theory of separation of powers, sourced from English-language materials, will be undertaken here.

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English Reading Materials in Relation to the ‘Theory of Separation of Powers’

The Special Drawing Right (SDR) functions as an international currency managed by the International Monetary Fund (IMF).

But what exactly is the nature of this international currency, and what are its governing rules?

The topic remains underexplored in Persian media. However, it has been examined in depth in the contemporary jurisprudence lectures by Professor Sayyed Moḥammad Reza Modarresi, a jurist and member of Iran&#39;s Guardian Council.

The introduction of educational sources on contemporary issues is only for the purpose of accurate knowledge of these issues and does not mean confirming the analyses or recommendations of those texts.

Articles for Reading regarding SDR currency:

 
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International Liquidity and the Role of the SDR in the International Monetary System

Authors: Clark, P. B., &amp; Polak, J. J. (2004).

IMF Staff Papers, 51(1), p49-71.

 
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Published by the International Monetary Fund, this article encompasses both theoretical and practical aspects. As a result, most analyses are observational and grounded in real-world experiences. The authors are also senior consultants and managers within the IMF&#39;s research department.

 
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Users&#39; Guide to the SDR: A Manual of Transactions and Operations in Special Drawing Rights

 
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Authors: International Monetary Fund

 
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This article, prepared by the International Monetary Fund, presents the theoretical aspects of SDR in straightforward language while also exploring various types of contracts from a practical perspective.

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Review of the Method of Valuation of the SDR. 

 
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Authors: Tweedie, A. Hagan, S. Tiwari, Siddharth (2015)

 
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IMF Policy Paper, 2015 (10)

 
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This article, published by the International Monetary Fund, is a highly technical examination of SDR estimation and valuation. It covers the composition, size, preferred weights of the SDR currency basket, and the financial instruments used to determine related interest rates. Notably, various consultants from the IMF&#39;s financial, legal, strategic, and policy departments contributed to its compilation.

 
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Download the articles from here.

 
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International reference book for understanding special drawing rights:

 
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Special Drawing Rights (SDRs): The First International Money

Author: Wilkie, C (2012).

Oxford University Press

 
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The book explores the history of SDR, explaining its definition, the philosophy behind its creation, and its significance. It also analyzes the role of SDR as a source of support and stability for the global economy during financial crises.

 
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In addition to his academic studies at esteemed institutions like the London School of Economics (LSE) and Oxford, the author has held various executive roles. These include serving in Canada&#39;s Department of Foreign Affairs and International Trade, acting as Canada&#39;s High Representative at the World Trade Organization, participating in the Business Conference and UN Development, and leading negotiations for Canada&#39;s investment agreements with China, new EU member states, and other nations.

 
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Link to buy the book from Amazon:

<a href="https://www.amazon.com/Special-Drawing-Rights-First-International/dp/0199606463">https://www.amazon.com/Special-Drawing-Rights-First-International/dp/0199606463</a>

In the shadow of the COVID-19 pandemic, SDR emerged as a critical financial tool, gaining prominence for its role in assisting countries, particularly those facing sanctions, by facilitating essential monetary support across various platforms.

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What is SDR currency?

The call includes presenting a comprehensive critique in relation to the final draft of &#39;UNESCO&rsquo;s&nbsp;recommendation on the Ethics of Artificial Intelligence&#39; and formulating an alternative recommendation on the subject.

All critiques and proposals will be compiled and submitted to the Foreign Ministry to ensure that, during the UNESCO meetings scheduled for late October, the Islamic Republic of Iran presents well-informed positions and alternative recommendations on the subject.&nbsp;

Being selected, the critiques along with a translation of the aforementioned recommendations will be published in a book by&nbsp;the department of contemporary jurisprudence.

<a name="_Hlk193641294"></a> The department of contemporary jurisprudence has completed the translation of UNESCO&#39;s final draft on artificial intelligence ethics recommendations. The translation will be provided to verified researchers, selected based on their qualifications and expertise, who are expected to evaluate the document critically and submit their feedback and recommendations to the department.

Once critiques and alternative recommendations are compiled and published in a book, they will receive financial support.

As of today, until October 21, 2021, eligible seminary and university students can submit their scientific resumes along with a detailed explanation of their expertise related to the subject to the department of contemporary jurisprudence through @rfiqhci on Eitaa. Upon verification, the department will establish contact and schedule the next steps accordingly.

 
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A global academic opportunity emerges as scholars are invited to submit papers critiquing UNESCO's artificial intelligence ethics recommendation document, with financial support being granted for the best papers.