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	<title>trial &#8211; Fountain Magazine</title>
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		<title>Drug Development</title>
		<link>https://fountainmagazine.com/all-issues/2021/issue-139-jan-feb-2021/phases-of-clinical-trials/</link>
		
		<dc:creator><![CDATA[The Fountain]]></dc:creator>
		<pubDate>Fri, 01 Jan 2021 01:53:57 +0000</pubDate>
				<category><![CDATA[Issue 139 (Jan - Feb 2021)]]></category>
		<category><![CDATA[approved]]></category>
		<category><![CDATA[clinical]]></category>
		<category><![CDATA[development]]></category>
		<category><![CDATA[drug]]></category>
		<category><![CDATA[drugs]]></category>
		<category><![CDATA[effects]]></category>
		<category><![CDATA[fda]]></category>
		<category><![CDATA[iii]]></category>
		<category><![CDATA[medication]]></category>
		<category><![CDATA[medicine]]></category>
		<category><![CDATA[patients]]></category>
		<category><![CDATA[people]]></category>
		<category><![CDATA[phase]]></category>
		<category><![CDATA[phases]]></category>
		<category><![CDATA[research]]></category>
		<category><![CDATA[safe]]></category>
		<category><![CDATA[Science]]></category>
		<category><![CDATA[side]]></category>
		<category><![CDATA[studies]]></category>
		<category><![CDATA[treatment]]></category>
		<category><![CDATA[trial]]></category>
		<category><![CDATA[trials]]></category>
		<guid isPermaLink="false">http://107.21.79.195/all-issues/2021/issue-139-jan-feb-2021/phases-of-clinical-trials/</guid>

					<description><![CDATA[We all focused on one topic throughout 2020: Covid-19. No single day passed without news on the pandemic as we counted numbers of positive cases and the death toll while anticipating for a vaccine. In the meantime, we got more familiar with some of the medical processes, like phases, clinical trials, mutations, etc. for all [&#8230;]]]></description>
										<content:encoded><![CDATA[<p><img fetchpriority="high" decoding="async" class=" size-full wp-image-7018" src="https://fountainmagazine.com/wp-content/uploads/2021/01/02-a-380.jpg" alt="Phases of Clinical Trials" width="1920" height="1200" srcset="https://fountainmagazine.com/wp-content/uploads/2021/01/02-a-380.jpg 1920w, https://fountainmagazine.com/wp-content/uploads/2021/01/02-a-380-300x188.jpg 300w, https://fountainmagazine.com/wp-content/uploads/2021/01/02-a-380-1024x640.jpg 1024w, https://fountainmagazine.com/wp-content/uploads/2021/01/02-a-380-768x480.jpg 768w, https://fountainmagazine.com/wp-content/uploads/2021/01/02-a-380-1536x960.jpg 1536w" sizes="(max-width: 1920px) 100vw, 1920px" /></p>
<p>We all focused on one topic throughout 2020: Covid-19. No single day passed without news on the pandemic as we counted numbers of positive cases and the death toll while anticipating for a vaccine. In the meantime, we got more familiar with some of the medical processes, like phases, clinical trials, mutations, etc. for all this had to deal with the most precious gift we are given: life.</p>
<p>In our last issue, we touched upon the history of pharmacology and how modern-day drugs are made in an article titled “Pharmacology: The Journey of a Chemical Compound into a Drug.” Now, we will explore the multiple, lengthy phases of clinical trials that drugs must undergo and why they are imperative in order for new medicines to get approved for the marketplace.</p>
<p>Clinical trials are a way to test new methods of diagnosing, treating, or preventing health conditions. The goal is to determine whether a substance is both safe and effective. A clinical trial is only done when there is strong reason to believe that a new test or treatment may improve the care of patients.</p>
<p>A variety of treatment methods such as medications, medication combinations, new uses for existing medications, and medical devices are evaluated through clinical trials. In the United States, all new treatments must go through these trials before being approved for public sale by the Food and Drug Administration (FDA).</p>
<p>At the discovery and development stages, thousands of compounds may be potential candidates for development into a “drug”. After early testing, however, only a small number of compounds look promising and call for further study. The entire process of developing a drug from its pre-clinical research stage to its final marketing phase can take approximately 12 to 18 years and often costs well over $1 billion [3, 4].</p>
<p>Clinical trials show us what works and what does not in the realm of healthcare and are designed to answer some important questions such as:</p>
<ul class="uk-list uk-list-hyphen uk-list-primary">
<li>Does the new treatment work in people? If it does, how effective is it?</li>
<li>Is it better than currently used treatments?</li>
<li>If it is not better, is it just as good and cause fewer side effects?</li>
<li>Does it work in some people who do not benefit from current treatments?</li>
<li>Is the new treatment relatively safe? There is virtually no treatment or procedure that is without risk, but do the benefits of the new treatment outweigh the risks?</li>
</ul>
<p>Answering these questions, while giving as few people as possible an unknown treatment, often requires several clinical trials in different phases. Each phase is designed to answer certain questions while keeping trial participants as safe as possible.</p>
<h3>Preclinical phase</h3>
<p>Before clinical trials can begin in humans, tests and treatments are assessed in pre-clinical research, which can involve extensive laboratory research over several years of testing on animals and human cells. This research may aim to learn the chemical compound of a drug [1]. If the initial laboratory research is successful, researchers send the data to health authorities for approval in order to begin research and testing on humans.</p>
<p>Once pre-clinical research results are approved, human testing of experimental drugs can begin and is typically conducted in four phases that are denoted by Roman numerals (Phase I, II, III and IV). Each phase is considered a separate trial and, after completion of a phase over many years, researchers are required to submit their data to, and then wait for approval from their local health agency (the FDA in the US) before continuing onto the next phase. If the drug successfully passes through Phases I, II, and III then it will usually be approved by the national regulatory authority for use in the general population. Phase IV trials are “post-marketing” or “surveillance” studies that are conducted to monitor how safe the product is over several years [2].</p>
<h3>Phase I</h3>
<p>This is the first clinical phase that involves humans. Phase I trials most often include healthy volunteers, however there are some circumstances when clinical patients are used, such as patients who have terminal cancer or HIV. These treatments possess a much higher risk for healthy individuals and could cause to become ill and contract serious adverse side effects.</p>
<p>In a Phase I clinical trial, doctors collect information on:</p>
<ul class="uk-list uk-list-hyphen uk-list-primary">
<li>The dose or treatment</li>
<li>When it should be taken, and how often</li>
<li>Any side effects or complications</li>
<li>How the treatment affects patients and their preexisting conditions</li>
</ul>
<p>One of the primary goals of Phase I studies is to find the highest dose of a new treatment that can be given safely without causing severe side effects. Although the treatment has been tested in laboratory and most likely been used in animal studies, the side effects in people cannot be known for sure. During Phase I of a clinical trial, researchers spend several months to evaluate safety, side effects, optimal dosage amounts, and formulation method for the drug on about 20 to 80 people who have no underlying health conditions.</p>
<p>In addition to evaluating safety and ideal dosage, specialists also look at the best way to administer the drug such as orally, intravenously, or topically. These trials are often conducted in a clinical trial clinic where the subject can be observed by full-time staff. Safety always remains the foremost concern in Phase I. The research team keeps a close eye on the people and watches for any severe side effects.</p>
<p>Researchers start by giving very low doses of the drug to a few patients while higher doses are given to other patients until side effects become too severe or desired effects are seen. The drug may help patients, but Phase I trials are to test a drug’s safety. If a drug is found to be safe enough, it can be tested in a Phase II clinical trial. According to the FDA, approximately 70 percent of medications move on to Phase II.</p>
<h3>Phase 2</h3>
<p>Phase II of a clinical trial usually involves anywhere from 50 to several hundred who are living with the condition that the new medication is meant to treat. They are usually given the same dose that was found to be safe in the previous phase. Investigators monitor participants for several months, or years, to see how effective the medication is and to gather more information about any side effects it might cause.</p>
<p> Most phase II studies are randomized trials where one group of patients receives the experimental drug, while a second &#8220;control&#8221; group receives a standard treatment or placebo. These studies are mostly &#8220;blinded&#8221; which means that neither the patients nor the researchers know who has received the experimental drug in order to avoid from bias. Doctors use a computer program to randomly sort volunteers into these two separate groups. Each volunteer has an equal chance of ending up in any of the groups and are randomly put in any group.</p>
<p>This allows investigators to provide the pharmaceutical company and the health authority with comparative information about the relative safety and effectiveness of the new drug. When the development process for a new drug fails, this usually occurs during Phase II trials when the drug is discovered to not to work as planned or to have toxic effects. The FDA estimates that roughly one-third of experimental drugs successfully complete both Phase I and Phase II studies.</p>
<p>Phase II clinical programs historically have experienced the lowest success rate of the four development phases. In 2010, the percentage of Phase II trials that proceeded to Phase III was 18% [5] and only 31% of developmental candidates advanced from Phase II to Phase III in a large study of clinical trials conducted during the period of 2006 – 2015 [6].</p>
<h3>Phase III</h3>
<p>Phase III of a clinical trial usually involves up to 3,000 participants who have the condition that the new medication is meant to treat. These participants must include men, women, and people of different ages and ethnic groups in many places across the country (or even around the world) at the same time. This helps doctors learn how treatment works in different people with different genetic backgrounds, races, and ethnicity. These studies tend to last longer – up to several years – than Phase I and II studies.</p>
<p>One of the additional purposes of Phase III is to evaluate how the new medication works in comparison to existing medications for the same condition. To move forward with the trial, investigators need to demonstrate that the medication is at least as safe and effective as existing treatment options. Due to the larger number of participants and longer duration of Phase III, rare and long-term side effects are more likely to show up during this phase.</p>
<p>There can be more than two treatment groups in Phase III trials. The control group may receive the current standard-of-care treatment for their illness while other groups receive the new treatment on trial. Phase III trials are usually double blinded to eliminate bias when interpreting results.</p>
<p>Placebos may be used in some Phase III studies, but they are never used alone if there is a treatment available that works. Sometimes, a patient who is randomly assigned to the placebo for part of the study will at some point be offered the standard treatment as well. As with other trials, patients in Phase III clinical trials are watched closely for side effects, and treatment is stopped if they become too hard to manage.</p>
<p>Every patient in a Phase III study is watched closely, and the study will be stopped early if the side effects of the new drug are too severe or if one group has significantly better results. Phase III clinical trials are often needed before the FDA will approve the use of a new drug for the general public. If researchers demonstrate that the medication is at least as safe and effective as others already on the market, then the FDA will usually approve the medication.</p>
<p>In the United States, when Phase III clinical trials (or sometimes Phase II trials) show a new drug is more effective or safer than the current treatment, a new drug application (NDA) is submitted to the FDA for approval. The FDA reviews the results from the clinical trials and other relevant information.</p>
<p>Based upon the review, the FDA then decides whether to approve the treatment for use in patients with the illness the drug was tested on. If approved, the new treatment often becomes a standard of care and newer drugs may be tested against it before they can be approved.  If the FDA feels that more evidence is needed to show that the new treatment&#8217;s benefits outweigh its risks, it may ask for more information or even require that more studies be done. Once Phase III is complete, a pharmaceutical company can request FDA approval to begin marketing the drug. Roughly 25 to 30 percent of medications move on to Phase IV.</p>
<h3>Phase IV</h3>
<p>Phase IV trials test new drugs that are approved by health authorities and often are called Post Marketing Surveillance Trials. The drugs are available for doctors to prescribe to patients, but Phase IV studies might still be needed to answer important questions. In previous clinical phases the drug may not have been tested for interactions with other drugs, or on certain population groups, such as pregnant women, who are unlikely to subject themselves to trials. This phase involves thousands of participants and can last for many years. Investigators use this phase to get more information about the medication’s long-term safety, effectiveness, and any other benefits.</p>
<p>This is often the safest type of clinical trial because the treatment has already been studied a lot and has likely been given to many people. Phase IV studies look at safety over time. These studies may also look at other aspects of the treatment, such as quality of life or cost effectiveness.</p>
<p>Phase IV studies can result in a drug or device being taken off the market or restricted depending on the findings in the study. Unless an adverse effect of the approved drug is shown or the drug is accepted as safe, it will stay on the market and also in Phase IV forever.</p>
<p>This clinical trial algorithm has come out after many scientific studies. Every point of the clinical trials, and possible problems, have been clarified by policies which may differ from country to country. At the end, clinical trials are a very safe and cautious method of finding out the safest and most effective treatment, or diagnostic method, for people. During clinical trials, scientists are very careful about ethical issues and try not to harm any living organisms, be them animals or humans. There is an ongoing public debate over pharmaceutical companies. While some think they play a major role in the emergence of many methods and scientific developments to benefit human health, others doubt their motivations and questions their contribution to the public good. This debate will surely continue for a long time, but under the current circumstances, pharmaceutical companies are found in the center of all these clinical trials described in this article. Regardless of the truth behind these doubts, it is important to be always aware of the priceless value of life, that it has been given to us and all living things as an inalienable right and a precious gift, and that it is a major responsibility take care of it well and seek healing when needed.</p>
<hr class="uk-divider-icon" />
<ul class="uk-list uk-list-hyphen uk-list-primary">
<li><a href="https://www.nccn.org/patients/resources/clinical_trials/phases.aspx">https://www.nccn.org/patients/resources/clinical_trials/phases.aspx</a></li>
<li>“<a href="https://www.fda.gov/patients/learn-about-drug-and-device-approvals/drug-development-process">The drug development process&#8221;</a>. US Food and Drug Administration. 4 January 2018. Retrieved 17 August 2020</li>
<li>Holland J (2013). &#8220;Fixing a broken drug development process&#8221;. Journal of Commercial Biotechnology. <strong>19</strong>. <a href="https://en.wikipedia.org/wiki/Doi_(identifier)">doi</a>:<a href="https://doi.org/10.5912%2Fjcb588">10.5912/jcb588</a>.</li>
<li>Adams CP, Brantner VV (2006). <a href="https://doi.org/10.1377/hlthaff.25.2.420">&#8220;Estimating the cost of new drug development: is it really 802 million dollars?&#8221;</a>. Health Affairs. <strong>25</strong> (2): 420–8. <a href="https://en.wikipedia.org/wiki/Doi_(identifier)">doi</a>:<a href="https://doi.org/10.1377%2Fhlthaff.25.2.420">10.1377/hlthaff.25.2.420</a>. <a href="https://en.wikipedia.org/wiki/PMID_(identifier)">PMID</a> <a href="https://pubmed.ncbi.nlm.nih.gov/16522582">16522582</a>.</li>
<li> <a href="http://medcitynews.com/2011/06/new-drug-failure-rates-rising-in-phase-ii-and-iii-clinical-trials/">&#8220;New drugs failing Phase II and III clinical trials&#8221;</a>. MedCity News. 2011-06-02.</li>
<li><a href="https://www.bio.org/sites/default/files/Clinical%20Development%20Success%20Rates%202006-2015%20-%20BIO,%20Biomedtracker,%20Amplion%202016.pdf">&#8220;Clinical Development Success Rates 2006-2015&#8221;</a> (PDF). bio.org. Retrieved 2018-02-11.</li>
</ul>
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			</item>
		<item>
		<title>Chaos, Trial and Hope</title>
		<link>https://fountainmagazine.com/all-issues/2018/issue-122-march-april-2018/chaos-trial-and-hope/</link>
		
		<dc:creator><![CDATA[Louima Cunningham]]></dc:creator>
		<pubDate>Sat, 24 Mar 2018 19:04:23 +0000</pubDate>
				<category><![CDATA[Issue 122 (March - April 2018)]]></category>
		<category><![CDATA[bediuzzaman]]></category>
		<category><![CDATA[chaos]]></category>
		<category><![CDATA[hope]]></category>
		<category><![CDATA[injustice]]></category>
		<category><![CDATA[Lead Article]]></category>
		<category><![CDATA[oppression]]></category>
		<category><![CDATA[trial]]></category>
		<guid isPermaLink="false">http://107.21.79.195/all-issues/2018/issue-122-march-april-2018/chaos-trial-and-hope/</guid>

					<description><![CDATA[Today events are being evaluated only in respect to their appearances; there is constant fear, worry, anxiety, and a chilling uncertainty about everything that happens. Intentions are extremely dark, words and behaviors are deceiving, deeds are guided by ambitions, and our globe’s extremely sensitive balance is entrusted to a few adventurers with makeshift attitudes. It [&#8230;]]]></description>
										<content:encoded><![CDATA[<p><img decoding="async" class=" size-full wp-image-6545" src="https://fountainmagazine.com/wp-content/uploads/2018/03/chaos-03-9bb.png" alt="Lead Article by Fethullah Gulen: Chaos, Trial and Hope" width="1920" height="1200" srcset="https://fountainmagazine.com/wp-content/uploads/2018/03/chaos-03-9bb.png 1920w, https://fountainmagazine.com/wp-content/uploads/2018/03/chaos-03-9bb-300x188.png 300w, https://fountainmagazine.com/wp-content/uploads/2018/03/chaos-03-9bb-1024x640.png 1024w, https://fountainmagazine.com/wp-content/uploads/2018/03/chaos-03-9bb-768x480.png 768w, https://fountainmagazine.com/wp-content/uploads/2018/03/chaos-03-9bb-1536x960.png 1536w" sizes="(max-width: 1920px) 100vw, 1920px" /></p>
<p>Today events are being evaluated only in respect to their appearances; there is constant fear, worry, anxiety, and a chilling uncertainty about everything that happens. Intentions are extremely dark, words and behaviors are deceiving, deeds are guided by ambitions, and our globe’s extremely sensitive balance is entrusted to a few adventurers with makeshift attitudes. It is uncertain to discern who is busy with what or what they will do. Desires are one thing, words and promises another. People compete in deception.  Excuses are made for killing and destroying, even if no one believes them; the oppressed and the victims have no idea what is going on. The dead are called martyrs, the survivors veterans. Actually, there is no need for faith to be consoled by these. Those without such support are comforted with awards and medals.</p>
<p>Hearts from all sides are scratched as if with reed pens, writing embarrassing notes on one of history’s dirtiest pages, the ink blood red. There is dust and smoke everywhere, and blood, pus, and tears in every district. Bodies are shields to souls; souls are trembling with the excitement of life and the anxiety of death. Those destroyed are on the hunt like sharks that have gotten the smell of blood; they attack everything they see and show their teeth to everyone. The oppressed victims are in a constant state of confusion and are tired from vain efforts. Everywhere there is the howling of wolves and the sounds of hyenas; in response to these sounds there are whimpers of helplessness from vulnerable bosoms. Forget about enjoying the world to its fullest; the masses are constantly on edge with the painful news that comes and strikes spirits from all sides. The general atmosphere is pitch-black, like the faces of today’s people; events are always foggy and smoky, just like their thoughts. Neither can they make the best of life nor can they sense it fully. There is a constant ebb and flow between aspirations and longings, and people die and are reborn every moment through pain and suffering.</p>
<p>From time to time they complain about their situations, but it does not accomplish anything except doubling misfortune. Their perspective is deviant, thoughts are in constant shift, and they live in such deep heedlessness that they will not wake up, even with the sound of the Trumpet that will make the dead rise.</p>
<p>In contrast, there is no small number of those whose eyes are open to metaphysical realms, whose thoughts are in front of them like candles, and who petition God with cries from their hearts. These people—whose faith is sound, whose hopes are solid, who are accountable for their deeds, and whose accounts are full—read existence not just by looking at the superficial appearance of events and trying to squeeze everything into it, but also by seeing themselves correctly in existence and interpreting themselves correctly with all material-spiritual depth and by making universal observations. They sense beautiful things behind things that appear to be ugly; they feel otherworldly pleasures that make pain incumbent and constantly sip heavenly water from bowls of disaster.</p>
<p>Actually, there are some beautiful hidden aspects of every divine creation that appear unpleasant on the surface. Yes, sometimes there are divine works and activities whose beauties are hidden to our eyes, but their inner facets are so exquisite that those who can see and sense this beauty do not complain, but show their amazement by saying, “It could not have been better.”</p>
<p>Yes, winter nurtures spring in its bosom. The wind blows over wide terrains to fulfill its duty to fertilize crops. Brand new spectacular scenery forms with different changes, and the events that appear savage to many are so beautiful from the perspective of the ecosystem that it is impossible for those who feel and sense them not to be amazed by them. Almost all of these things are perfect, appropriate, and extremely beautiful, but it is difficult to explain them to those who want everything to occur according to their own wishes and desires.</p>
<p>Those who sense and understand that everything in the heavens and on earth occurs according to a knowledge-based program tied to the divine will of the Creator see and evaluate all things differently. On their horizon, sceneries have hues of rising, disasters have the color of happiness, pain contains a sense of success, and unavoidable oppression and suffering are vehicles for future happiness. They look more at the smiling faces of events than at their sour faces; they do not only deal with the painful side of things, but also try to see their sweet sides.</p>
<p>Consequently, in their illuminated minds, the dust turns into gold; poison becomes sugar and sherbet; storms and hurricanes become enveloped in the color of mercy; pain transforms into the paths of deeds; and each suffering turns into a birth pang. In fact, general deaths and widespread catastrophes are like messages of spring in their eyes. They look at these as a process of pruning dry branches from trees and opening the way for fresh shoots, and they respectfully welcome destiny’s way of pruning. Moreover, they consider things that happen as correction for their wrongdoings. They accept fate and see it as redemption for their sins, and consider it as a season for calling for new favors from God and as a vehicle for His attention. They are always humble before God, but they always know how to stand tall when they are confronted with difficulties and disasters. At any rate, they have the awareness that they were not dragged here by just any wind. They do everything their positions require them to do, and they stand fast enough not to be blown about by the most violent storms. They have such a stance that, with God’s protection, events tantamount to wars or even as alarming as the doomsday cannot budge them from their places.</p>
<p>Evil takes on the colors of good in the atmosphere of such people. For them, pain and suffering are purifying tools to attain their true nature. When the weather grows dark and the environment becomes unlivable, their tension increases and makes them more alert. The oppression of tyrants, the constant impositions of despots, facing one conspiracy after another with no solutions within the domain of causality, only lead them to turn more sincerely to the One Who is the helper of the helpless. They say to themselves: “<em>When you are helpless/ the veil suddenly opens/ solving all problems</em>” (I. Hakki). They read everything better, evaluate it better, and win many victories even during a streak of apparent losses.</p>
<p>For years we always tried to remain true to this understanding. Opposing dissent and disorder became our motto. For the sake of the society’s well-being, we strove to get rid of evil with goodness without saying anything about attacks and assaults. We did not utter a word in response to those who oppressed us and set up unimaginable conspiracies. We did not wish the destruction of those fixated on slander and lying.</p>
<p>We did not reconcile running after the world’s pleasures with sincerely being on God’s path, and instead exalting the truth tied to His approval became our mandate. We have always given priority to others; living for others has always come first before our own aspirations. Other than befriending believing hearts beating with love, we never felt or tasted worldly pleasures or delights. Just as we had no large or small worldly demands, we were extremely careful to keep a distance from everything worldly, including politics, because of their worldly aspects. With the consideration that pleasure blurs <em>God’s</em> pleasure and would harm our servanthood to our Lord, we counted position and fame as defiling to our spiritual life and always kept our distance from these kinds of desires and expectations.</p>
<p>Yes, we behaved like this from the beginning. Yet, some circles who have abused their authority to make people feel indebted to them, and wanted to use this indebtedness as a bargaining chip. In addition, they put a claim on every beautiful thing, and although they made no positive service, these sick usurpers wanted to appear at the head of every positive work. Actually, even if the conscience of the people said “yes,” they opposed some meritorious activities and they did not hesitate to resort to slander, malicious imputation, and falsehood. Maybe the number of those behaving like this was small, but the circumstances of what was done and its extent was quite chilling and extremely injurious to people who lived with honor. However, for a believer who dedicated himself to the people, these were things that absolutely had to be endured. In this respect, in my opinion, heroes of the heart should laugh at this kind of inconsideration—as they did in the past and probably will in the future. They should stand tall and say,</p>
<blockquote>
<p><em>Things coming from You are pleasing<br /></em><em>Either a robe of honor or a shroud<br /></em><em>Either a fresh rose or thorn<br /></em><em>Both Your blessing and Your anger are pleasing. (I. Hakki)</em></p>
</blockquote>
<p>Our society and the human dignity are what matters to us. If the people are in a desperate situation and the masses are moaning from poverty, if the society is defeated by dissension and corruption is applauded, then what falls as our share is to helplessly sit down and burst into tears. Yes, a sincere soul who has dedicated himself or herself to the people is truly troubled not when he or she is personally persecuted or harassed, but when his or her faith, faithful affairs, and other values that they hold sacred are harmed. With the manner of a fireman, they will seek solutions in all directions, like lover who do not see anything else, they will give up on all their personal aspirations, but they absolutely will not allow the values they hold sacred to be harmed.</p>
<p>The path they trod is the path of the oppressed and injured. They have faced trials all their lives and do not enjoy anything in the name of worldly pleasure. They have been exiled, abandoned to rot in prison, and constantly squeezed by different pressures. They have been treated like a bandit, an outlaw. For all that, they do not bother at all. Not only do they not bother themselves, but they consider even sparing some thought for these is a wasteful thinking, which should have been used instead to find solutions to the problems of people.</p>
<p>They suffer from oppression and injustice, but they are not concerned at all with the oppressor nor do they dwell on those perpetrating injustice. They refer everything to the All-Knowing and move on, seeking only God’s approval. One calamity follows another, and disasters pour down on their heads. However, they attribute all of these to their faults and deficiencies in their relationship with God. They think that these trials they are subjected to are penitence for their sins. With the hope that they will be cleansed at least partially from their mistakes, they are pleased even while suffering pain. Moreover, with the thought that some of the things that are happening can have surprise endings, they perceive all the frames of suffering they are in and the trouble and chain of unforeseen dangers resulting from all of these as if they were the steep paths on the road to heaven. Even in horrible situations when others sigh and moan, their voices constantly resound with gratitude and they question themselves:</p>
<blockquote>
<p><em>O helpless one, give up wailing and trust God,<br /></em><em>for this wailing is an error that causes trouble after trouble;<br /></em><em>If you have found the One Who tests you with suffering,<br /></em><em>this suffering changes into a gift bringing peace and happiness.<br /></em><em>…<br /></em><em>When you have so great a responsibility<br /></em><em>(as to be able to be an approved servant of God and gain eternal life),<br /></em><em>why are you wailing over an insignificant misfortune?<br /></em><em>Come, put your trust in God and smile at the face of misfortune<br /></em><em>so that it may also smile, for as it smiles, it lessens and changes.<br /></em><em>(from the Sixth Letter, by Bediuzzaman)</em></p>
</blockquote>
<p>Whereas oppressors who darken their lives with feelings of enmity, hatred, hostility, and revenge, continue to do so, sincere souls act like themselves; they try to ward off rancor with mildness. They make even the most merciless attacks ineffective with their smiles. They always display humane attitudes without becoming daunted or weary. Should they come face to face with misfortunes despite their efforts to avoid, they accept them as their share of the destiny’s justice as much as allowed by Divine mercy. They immediately gather themselves together, try to see their mistakes, and, make plans for an orderly life to attain a positive result and the pleasure of God.</p>
<p>Coming to those who have not discovered the real reasons for the things that happened, they sporadically look for the guilty in their surroundings, and from time to time they throw rocks at fate. They harm their relationship with God, as if they have at all, and constantly make mistakes. Thus they send invitations to different kinds of oppression with each new mistake.</p>
<p>Just as all these matters are true for individuals, they are in the same way true for all societies. Today, oppression follows oppression; the strong trample on the weak; those with power in their hands mercilessly attack those who do not. During this kind of assault, many innocent people are victimized. Many people die or become captives, and all these events take place in a way that makes hearts bleed in regard to their outer appearance. However, the matter is not like this at all when looked at from the perspective of fate. Yes, we do feel hurt at times, but justice manifests itself destiny unfolds over time. Yesterday’s oppressors are being punished today, and the oppressed and their loved ones are cooled and consoled by their belief in eternal happiness.</p>
<p>Yes, to date those oppressors have smashed everyone that came in their path and acted ruthlessly towards the innocent who disagree with them. They do not think that one day what they have done will no more be tolerated by God. Those who have been trod upon and put down by others were trying to soothe the pounding of their hearts because they could not do anything about the situation, only by referring it to God.</p>
<p>Years have passed like this as in the month of Muharram. Tears have flowed like the Ravan River, and eventually they rose to a point where God does not give any more respite for the oppressors nor for those who applauded them and took delight in what they did, and those who remained silent before injustice. “Those who flourish with oppression will end up in misery,” and history is full of hundreds of examples of this. Moreover, there is a day when everything, from needles to thread, will have to be accounted for. Alas for the oppressors on that day!</p>
<p>Now let us once again move on by referring everything to its Owner:</p>
<blockquote>
<p><em>“If a tyrant has his tyranny, the victim has his God on his side,<br /></em><em>It is easy to tyrannize people today; but tomorrow there will be God’s Council.”</em></p>
</blockquote>
<p>Since its beginning, this world has been half in light and half in darkness. Those living in darkness today will walk in light in the near future, if they use well the dynamics entrusted to their wills. Those who sinfully polluted their time in the world will fall into darkness. Just as God punishes yesterday’s oppressors today, today’s tyrants will certainly get their just desserts soon.</p>
<p>Now what befalls us is to plead at night like birds at dawn and to push open the doors of heaven with sighs and groans. Who knows? Maybe problems that cannot be solved with arms one day will unexpectedly be resolved with tears and pleading to God. Otherwise, if we do not immediately turn to ourselves and activate our own values and dynamics, it is inevitable that we will continue for a long time to writhe in our deprivation. Yes, the lethargic ones and those giving themselves to comfort today are condemned to be the contemptible ones of tomorrow. Those who pass their lives without feelings and action will be helpless and confused when the trumpets of death begin to blow around them. They will be helpless, but what good will it do for those who lose opportunities in spring and summer to sigh and moan and feel remorse in winter? People should evaluate today so as not to say “if only” in the future, and they should try not to darken their tomorrows.</p>
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		<title>Jennifer’s Baby</title>
		<link>https://fountainmagazine.com/all-issues/2016/issue-109-january-february-2016/jennifers-baby/</link>
		
		<dc:creator><![CDATA[Louima Cunningham]]></dc:creator>
		<pubDate>Fri, 01 Jan 2016 00:00:00 +0000</pubDate>
				<category><![CDATA[Issue 109 (January -February 2016)]]></category>
		<category><![CDATA[life]]></category>
		<category><![CDATA[Nihal Balci]]></category>
		<category><![CDATA[Perspectives]]></category>
		<category><![CDATA[trial]]></category>
		<guid isPermaLink="false">http://107.21.79.195/all-issues/2016/issue-109-january-february-2016/jennifers-baby/</guid>

					<description><![CDATA[&#8220;I don&#8217;t know how you do this?&#8221; Hannah said with a smile. &#8220;You have to plan first and plant later” Jennifer told her. Then she answered all her questions patiently and went into details about how she tended her tomato bed, how much she buried the seedlings, and how often she watered them. She was [&#8230;]]]></description>
										<content:encoded><![CDATA[<p>&#8220;I don&#8217;t know how you do this?&#8221; Hannah said with a smile. &#8220;You have to plan first and plant later” Jennifer told her. Then she answered all her questions patiently and went into details about how she tended her tomato bed, how much she buried the seedlings, and how often she watered them.</p>
<p>She was wearing a baseball hat and jeans with a blue shirt. She held a big pair of garden scissors.</p>
<p><span id="more-5035"></span></p>
<p>-&#8221; I am definitely going to plant next year after this whole remodeling mess is cleared up.&#8221;</p>
<p>-&#8220;You should. It’s delicious, a lot of fun, and clears your head.&#8221; Jennifer said pruning a branch.</p>
<p>-&#8220;I can&#8217;t wait. They look so beautiful.&#8221; She continued, looking at the abundant flowers of the plants proudly. The weather was getting cooler and the wind was picking up.</p>
<p>&#8220;It&#8217;s almost dinnertime. We have to go.&#8221; said Hannah. &#8220;Say bye to aunt Jen, Henry.&#8221; The nine month old boy looked at her and gave a huge smile. Then he went back to sucking his thumb. The two friends chatted a little more on the lawn and eventually parted. Jennifer waved at Hannah and watched her pushing the stroller with a knot in her stomach .She took a deep breath of fresh air. &#8220;Tomorrow is the big day,&#8221; she thought.</p>
<p>She was startled by a figure a few feet away from her. &#8220;Hi, Mrs. Field&#8221; said Daphne, her neighbor&#8217;s daughter. &#8220;Sorry, I didn&#8217;t mean to scare you.&#8221;</p>
<p>-&#8220;You didn&#8217;t scare me. How are you?”</p>
<p>-&#8220;Good. I was with Tonya working on our math test.&#8221;</p>
<p>-&#8220;Are you ready for the test?&#8221;</p>
<p>&#8220;Not yet. I still have three more days.&#8221;</p>
<p>-&#8220;You know I can always help. I like to tackle those math problems.&#8221;</p>
<p>-&#8220;Oh! Mrs. Field I would love that. But I know you are so busy. I don&#8217;t want to bother you.&#8221;</p>
<p>&#8220;If you plan well, you can do anything and everything. Matt is working late tomorrow. We can meet at seven and continue until about 8:30.&#8221;</p>
<p>-&#8220;Thank you Mrs. Field.&#8221; the girl said with a huge smile. &#8220;You helped so much last time for the science test.&#8221;</p>
<p>-&#8220;I&#8217;ll be at your door at seven.&#8221;</p>
<p>-&#8220;Okay Mrs. Field.”</p>
<p>Daphne had light brown skin and shoulder length straight black hair. She was a timid, precious child in seventh grade; the oldest of four kids in the family .Their house was not the best place to study. It was noisy all the time. But Jennifer knew her mom would not let her go out after seven. Her father worked in real estate. The mom and dad spoke with an accent which Jennifer couldn&#8217;t make out. She remembered asking the dad about where they were from. It was somewhere from the Middle East but she could not remember exactly where. For her, those countries were all the same anyways. Hot, gloomy, and generally unsafe to visit. The people ignorant and the women oppressed.</p>
<p>The wind was getting stronger. She felt the chill in the air and went inside. Suddenly, the thought hit her : What if it didn&#8217;t work? Her pulse quickened. She tried to brush the thought away. We planned everything to the last detail, she thought. Dr. Brown is one of the best doctors in this area with a great staff. I took all my injections right on time. I rested. We went over all the possible complications. I didn&#8217;t miss any of my appointments. The ultrasounds and blood tests looked fine. She thought and thought. She felt a little better.</p>
<p>She switched the TV on and turned up the volume. Maybe the sound of that would bury the &#8220;What if?&#8221; in her head.</p>
<p>Then her thoughts swung the other way. That made her whole chest feel with happiness .Finally it would happen&#8230;after waking up extra early to catch her appointments, injections, side effects of the medications, all her planning would pay off. She spent three weeks just to find the best doctor in the area. All she wanted was a curly haired little girl. She would have her nose and Matt&#8217;s eyes.</p>
<p>Jennifer was hard-working, organized, responsible, polite, educated. She deserved it. The sound of the TV could not stop her going back again to that first day with Dr Brown. He explained her different methods to do this. They chose the most expensive and invasive one, with the best probability of a positive outcome. Jennifer Field didn&#8217;t like small numbers when it came to chances, an attribute of hers which made her very successful professionally.</p>
<p>The whole process was painful, but especially the day they harvested her eggs. She even had to take 2 days off of work after the retrieval because of the pain, discomfort, and nausea that came with anesthesia. Every minute of it was carved in her brain.</p>
<p>She could hear the even stronger wind now. It was unusually cold for this time of the year. She took a book, a heavy blanket, and went to bed. She assured herself that everything is going to be okay and it is going to be the happiest day of her life. They would celebrate on Friday with Matt. She already made the reservations for a nice dinner.</p>
<p>When she woke up with the alarm at five, Matt was sleeping next to her. Matt had a shop in the mall and usually came late and went to work a little later than she did. She checked the weather, got dressed, gave Matt a kiss and went out. It was chilly. She braced herself and held onto her scarf. The doctor’s office was a 20 minute drive. Luckily, today she would stay less than usual there, only to give blood for the pregnancy test. The nurse was polite as usual.</p>
<p>&#8220;Today&#8217;s the big day!&#8221;</p>
<p>Jennifer smiled back.</p>
<p>&#8220;I&#8217;ll call as soon as the results are out.&#8221;</p>
<p>The rest of the day was like a dream. It was as if she was living in a movie, waiting for the happy ending. &#8220;Mrs. Field! Your test result is positive! Congratulations!&#8221;</p>
<p>She would dream about it over and over again. Her day at work came to an end. Still, no call&#8230;</p>
<p>Half an hour later she parked her car on her driveway. Suddenly, she remembered to check on her tomatoes. She was turning to the back of the house her phone rang and she jumped&#8230;</p>
<p>Then it all came crashing down .The pregnancy test was negative, her tomatoes which made her proud every year all frozen and dead, her perfect yard and house disorganized and dirty after all the &#8220;taking it easy&#8221; for the last month.</p>
<p>She felt the tightness in her throat. She ran into the house. She needed a hug. She called Matt, but it went to voicemail. Where was he? Where was he ever when she needed him? She felt so angry. She went outside and started walking hurriedly and aimlessly on the streets. She didn&#8217;t know where she was going or how long she had been walking. She just kept going and going in the cold. Her white cheeks were red. She desperately wanted to cry but tears wouldn&#8217;t come.</p>
<p>Was it because of that night she got the injection 15 minutes late? Was the nurse checking her ovaries a little too quick? Did the doctor really prescribe the best meds? Her phone rang. It was her mom.</p>
<p>&#8220;Honey, you&#8217;re very young. You can always try again.&#8221;</p>
<p>&#8220;Mom, I&#8217;m 32. I&#8217;m not so young anymore.&#8221;</p>
<p>&#8220;You call that &#8216;not so young &#8216;? Don&#8217;t be silly. Besides don&#8217;t worry about anything you can&#8217;t change. It&#8217;s going to be okay in the end. Believe me. Your baby is going to come. It is just not time yet. &#8220;</p>
<p>She felt so cold inside out. She wanted to go back home and curl up in her bed. There was a reminder on her phone. It said: &#8220;Study with Daphne in half an hour&#8221;</p>
<p>She thought about canceling but didn&#8217;t want to disappoint her. For an unknown reason she just wanted to see her and talk to her. Also she didn&#8217;t want to face Matt. At 7:30 she was at their door. Daphne opened the door with her big smile. The mom was obviously frustrated with the two-year-old, holding her screaming baby. She said hi to Jen and disappeared with the baby and the toddler. The dinner was not cleared up yet. There were scattered toys and clothes everywhere. The five-year-old boy was bouncing like a ball off of the walls in the living room. Walking into Daphne’s room,Jennifer felt the anger rising in her. &#8220;This woman cannot even deal with this many, and she has them all. And me&#8230;&#8221;</p>
<p>Then she remembered the youngest child being a special-needs baby with cerebral palsy and felt bad for him and his mom. She thought about having a baby with the same needs, and saw that it scared her too much. It did not fit in her perfect world somehow.</p>
<p>Jennifer felt a calm come over her and she talked, studied, and laughed with Daphne. She didn&#8217;t realize two hours had passed. Daphne was yawning. Jennifer got up to leave. When they got out of the room they saw that it was very quiet. &#8220;The kids must have slept.&#8221; Jen said. She was about to leave when Mina, the mom came to the door. She had changed out of her clothes. Her hair was wet.</p>
<p>&#8220;Thanks a lot,” she said with the same accent her husband had. &#8220;Not a problem.&#8221; Jennifer said humbly.</p>
<p>&#8220;I was just making some tea for myself. Please join me. We haven’t really got to meet. &#8220;</p>
<p>The last thing Jen had in mind right now was to meet and talk with this woman who had four kids. From where she was standing she could see her driveway. Matt was home. She hesitated, weighing her options. Stay here and have tea with this woman, or face Matt to give him the bad news.</p>
<p>&#8220;I would love to,&#8221; she said.</p>
<p>Daphne went to her room and the two women went into the kitchen. Jen took a chair next to the table. Mina put a pot of water on the stove, and started adding things on it. The first was something that looked like a dark piece of wood Jen couldn&#8217;t recognize. If this woman was trying to poison her, she didn&#8217;t care right now. She texted Matt that she was next-door and would be late.</p>
<p>&#8220;Your tomatoes are famous in the entire neighborhood.&#8221; She said and kept adding pieces and teabags to the water.</p>
<p>Jennifer&#8217;s face fell. Mina looked concerned and sincere. She asked “What happened?&#8221;</p>
<p>Suddenly in this warm house, with the aroma of cinnamon and cloves in the air, with this nice woman offering her tea , she wanted to pour out everything inside her. She felt her throat closing again, but she tried to hold herself tight.</p>
<p>&#8220;All of the flowers and most branches are frozen and dead. I planned everything. I made sure it was all done perfectly, and on time. The plants were lush, green, and healthy. I picked up a sunny spot .Then this happened. &#8220;</p>
<p>All the scenes about the procedures she went through for this pregnancy were playing in her mind. She couldn&#8217;t hold the tears anymore and didn&#8217;t want to.</p>
<p>Mina knew this was more than tomatoes. She sat next to her quietly and let her cry and gave her tissues. Then she said: &#8220;People plot and plan, but Allah is the real planner.&#8221; This caught her off guard.</p>
<p>&#8220;When you say it that way I feel so powerless.&#8221;</p>
<p>&#8220;Aren&#8217;t you?” Mina said.</p>
<p>Jennifer remembered the time she fell ill with a viral infection and couldn&#8217;t get out of bed for two weeks.</p>
<p>&#8220;You can have the most fertile soil and the best seeds. You can use the most expensive fertilizer and cleanest water. But you can&#8217;t give life. You can&#8217;t control the weather either.&#8221; Mina brought her back.</p>
<p>&#8220;Also you can have the best doctors, the best medication, the best nurses, but you don&#8217;t have the power to make it happen.&#8221; Jennifer thought. Then she said:</p>
<p>&#8220;But shouldn&#8217;t we work as hard as we could to get a good result or be successful? Should we just sit and wait, and not do anything.&#8221;</p>
<p>&#8220;Of course not. That is the other extreme. The stuff that we do to get a good result in something like this, is like knocking on the door of a generous person. If you knock hard enough, or long enough you will probably get an answer. But God is under no restrictions.&#8221;</p>
<p>&#8220;What do you mean?&#8221;</p>
<p>&#8220;Everything is in need of him every moment for everything, in every way. And he gets to choose whatever he wants.”</p>
<p>When she sad this, an angry thought of the negative pregnancy test came to her mind.</p>
<p>&#8220;What does that have to do with &#8230;. uh&#8230; my tomatoes?&#8221;</p>
<p>&#8220;Your tomatoes, other fruit, vegetables, rain, wind, clouds ,they all come from his treasury of mercy. Not from the soil or wood or anything else. It is as if he offers those blessings with the hands of trees, air, or soil.&#8221;</p>
<p>Jennifer couldn&#8217;t believe her ears. She was listening words of wisdom from a woman that she has looked down upon for so many years.</p>
<p>&#8220;A tree can bear fruit one year. The following year, with all the causes present and even better, it might not produce any.&#8221;</p>
<p>Saying this she also poured the tea and offered her banana bread. Jennifer took a sip. It was delicious. She took a bite from the bread and loved it too.</p>
<p>&#8220;He put laws in nature. If you don&#8217;t water your plants, they&#8217;ll die. You have to work hard if you want to be successful. But there are also exceptions to the laws. They make you see beyond the causes and appeal to the real doer of things, &#8221; she continued.</p>
<p>&#8220;I don&#8217;t remember ever praying for my tomatoes.&#8221;</p>
<p>“Doing the right things to get the best result as you did in your case is also a type of prayer. There are different types of prayers, and there are different types of answers as well. But listen! Have you ever seen anybody praying for the sun to go up in the morning?&#8221;</p>
<p>Jennifer laughed.&#8221;Of course not; everybody knows that it will come up and when.&#8221;</p>
<p>&#8220;Exactly!&#8221;</p>
<p>&#8220;What do you think God is trying to tell me?&#8221; She asked. She wanted her to talk more. The tea in her body and her words were giving her an unexpected relief.</p>
<p>&#8220;I don&#8217;t know. You have to figure it out.&#8221;</p>
<p>&#8220;What you said is making me more modest.&#8221;</p>
<p>&#8220;I feel the same way. But I also feel relief. I can only do as much as I can. I&#8217;m not responsible for every outcome of my doing, after I did all I could. That is a big load off my shoulders and feels nice. &#8220;</p>
<p>&#8220;It&#8217;s nice unless it makes you lazy.&#8221;</p>
<p>There was silence. After a little bit she continued:</p>
<p>&#8220;My pregnancies were more or less the same. I try to eat right, exercise and all but then Ali &#8230; “she said and stopped. Her eyes were all teary. Jen put a hand on hers. They stayed quiet for a while.</p>
<p>Jen broke the silence.</p>
<p>&#8220;I took so much of your valuable quiet time.&#8221; she said.</p>
<p>“No, it&#8217;s great to have a conversation with an adult.&#8221;</p>
<p>Then she showed Jen her stash of chocolates. The two woman women sat on the sofa together. They talked, and laughed together. Then they ate, and talked and laughed some more. Both realized how much they had in common, and also how different they were. Then they watched the end of an old movie and cried. It was 2 o&#8217;clock at night when the baby woke up and needed to be fed. Jen said bye and left. Standing outside alone, breathing the crisp air she felt peace. She thought she would have a baby growing in her. Instead she found a friendship to grow and nurture.</p>
<p>Life brings you so many unexpected and wonderful things. And she was somehow confident it was pregnant with more.</p>
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		<title>The Relationship between Law and the Benefits of Intermingling Them</title>
		<link>https://fountainmagazine.com/all-issues/2008/issue-65-september-october-2008/the-relationship-between-law-and-the-benefits-of-intermingling-them/</link>
		
		<dc:creator><![CDATA[Louima Cunningham]]></dc:creator>
		<pubDate>Mon, 01 Sep 2008 00:00:00 +0000</pubDate>
				<category><![CDATA[Issue 65 (September - October 2008)]]></category>
		<category><![CDATA[Culture & Society]]></category>
		<category><![CDATA[fiction]]></category>
		<category><![CDATA[human]]></category>
		<category><![CDATA[intermingling]]></category>
		<category><![CDATA[justice]]></category>
		<category><![CDATA[law]]></category>
		<category><![CDATA[lawyers]]></category>
		<category><![CDATA[legal]]></category>
		<category><![CDATA[life]]></category>
		<category><![CDATA[literary]]></category>
		<category><![CDATA[literature]]></category>
		<category><![CDATA[qur’an]]></category>
		<category><![CDATA[rhetoric]]></category>
		<category><![CDATA[social]]></category>
		<category><![CDATA[society]]></category>
		<category><![CDATA[system]]></category>
		<category><![CDATA[time]]></category>
		<category><![CDATA[trial]]></category>
		<category><![CDATA[university]]></category>
		<category><![CDATA[works]]></category>
		<category><![CDATA[writers]]></category>
		<guid isPermaLink="false">http://107.21.79.195/all-issues/2008/issue-65-september-october-2008/the-relationship-between-law-and-the-benefits-of-intermingling-them/</guid>

					<description><![CDATA[From the ancient Greek tragedian Sophocles to Shakespeare, Dickens and modern legal dramatist Grisham, stories about law have fascinated readers and offered an outsider’s view of the efficiency of justice system. The law and literature movement which began in the first half of the twentieth century has contributed to the development of the concept of [&#8230;]]]></description>
										<content:encoded><![CDATA[<p>From the ancient Greek tragedian Sophocles to Shakespeare, Dickens and modern legal dramatist Grisham, stories about law have fascinated readers and offered an outsider’s view of the efficiency of justice system. The law and literature movement which began in the first half of the twentieth century has contributed to the development of the concept of the interdisciplinary connection between law and literature. Now many prominent universities offer literature courses to law students and law courses to literature students. As a result law students and lawyers are better equipped with rhetoric skills, while literature students and writers are gaining more expertise at incorporating law, a very important part of social life, into literature.</p>
<p><span id="more-952"></span></p>
<h3><b>Law and literature</b></h3>
<p>The relationship between law and literature is ages old. If we go back to the origins of law, among the ancient Greeks it was aligned with rhetoric, speaking and writing. Rhetoric was originally intended to present arguments in court. As law became more professional, it was closed off from this. Thus, law and literature have taken different ways, literature being more and more concerned with the expression of human emotions and feelings, while law became increasingly concerned with the maintenance of social order.</p>
<h3><b>Nexus between law and literature</b></h3>
<p>Law and literature are closely interrelated. One of the sources of law is “legal fiction.” Legal fiction, that is, fictio juris means “any assumption which conceals or tends to conceal the fact that the rule of law [has] undergone any alteration, its letter remaining unchanged but its operation being modified” (Islam, 2002). By means of a legal fiction, a child can be adopted from one family into another. In the eye of the law a limited company is given a personality which is distinct from that of its members. Case law is based on a fiction that while enacting a particular rule of law, the legislature had a particular intention. Fiction also played an important role as a source of law in ancient times. There was a rule of procedure in Rome by which a non-Roman was allowed to make a false allegation that he was a Roman citizen and thereby a praetor urbanus was able to try his case. The fiction of citizenship was adopted merely for the purpose of extending the Roman law to the non-Romans. All were under the same “lex gentium.” In England the Court of Exchequer took jurisdiction over civil cases by means of a legal fiction that the plaintiff was the debtor of the king. These fictions were adopted by the courts as devices to add to the jurisdiction of the courts. The old Roman law was laid down in the Twelve Tables, and additions to it were made by Responsa Prudentium-the judgements of the men learned in law. The teachings of the most highly qualified of various nations are still considered as a source of international law.</p>
<p>Fictions stand in the way of the codification of law. A property may be in the actual possession of X, but at the same time may be in the constructive possession of Y, the owner. No trust may have been created, but law may presume the same. By fiction, a Hindu child in the womb becomes entitled to family property.</p>
<p>Legal fiction and legal presumption, however, are not the same. Legal fiction is a source of law while legal presumption is a rule of law. One fact is recognized by law as sufficient proof of another. A notification in the official gazette is presumed by law to have been duly signed by the person by whom it is purported to have been signed. These few examples are perhaps enough for us to understand that law can be regarded as literature.</p>
<p>In this context, we can very relevantly talk about the Holy Qur’an which gives the impression of a perfect piece of exposition on one hand and a storehouse of law on the other. The Qur’an may sound astonishingly literary in terms of content and style, and at the time of its revelation poetry and oratory skills were the most outstanding forms of art in Mecca. Having heard the Qur’an’s enchanting verses, the best poets of the time tore apart their poems for they thought they could not challenge it. But as the Qur’an is the word of God, ascribing literary characteristics to the Holy Scripture is to devalue it. Nevertheless, various powerful forms of expression are found in the Qur’an to convey the message of Islam. The chapters and verses of the Qur’an maintain phonetic and thematic structures so that people can recall the message of the text. The narrative style of the innumerable events, particularly their dramatic presentation, have continued to amaze the scholars throughout the centuries. Sells says, “The values presented in the very early Meccan revelations are repeated throughout the hymnic suras. There is a sense of directness, of intimacy, as if the hearer were being asked repeatedly a simple question: what will be of value at the end of a human life?” (Sells, 1999). But these very verses are basically the laws meant to be for the whole humanity. Coupled with the Prophet’s practice the Qur’an as a main body of Islamic religious law undoubtedly covers almost all the aspects of human life ranging from family, sexuality, hygiene, social issues, business, economics, to politics both national and international. Thus the ultimate law comes in the form of a perfect exposition.</p>
<p>The impact of literature on law is far reaching with regard to teaching, legal writing, statutory interpretations and duly submission of petitions before the bench. Many authors have tried to show the human condition and the law’s effect on it through their literary works from a neutral point of view. The fictional situations presented in literature, they assert, can tell a great deal about political and social situations, and the individuals that often find themselves before the court. Ronald Dworkin in his article, “Law as Interpretation” stated, “I propose that we can improve our understanding of law by comparing legal interpretation with interpretation in other fields of knowledge, particularly literature” (Dworkin, 1982).</p>
<h3><b>Intermingling of law and literature as reflected in the works of some great authors</b></h3>
<p>Some popular as well as critically acclaimed literary works by prominent writers like Shakespeare, Kafka, Dickens, Camus, have dealt with the theme of law. Almost every careful reader would know that these writers were influenced by the legal system of their own time and were aware of its impact both the personal and social level. It would be wrong to think that they took law as the subject matter of their novel or play just to tell an interesting story. In fact, through skilful plot development their views about the then legal system are expressed. What is most interesting here is that they were influenced by the law and have definitely influenced the law as well.</p>
<p>The Stranger or The Outsider is a novel by Albert Camus where the virtues of truth confront the deceits and corruptions of law. We also come to know about the justice system of the time and existing loopholes as the trial for the murder of an Arab proceeds. Furthermore, the novel addresses the issue of the inevitable conflict between defective legal proceedings and a man’s individual way of thinking.</p>
<p>Franz Kafka’s The Trial is another novel where the author exposes how law is abused and made to bring enormous suffering to a man’s life. The main character, Josef K., awakens one morning and, for reasons never revealed, is arrested and subjected to the judicial process for an unspecified crime. Some crucial questions of judicial proceedings like a backlog of cases, arresting on suspicion and detaining a person for an uncertain period, absence of proper investigation, and absence of the right to self-defence are brought to our attention.</p>
<p>Shakespeare’s works contain a remarkable quantity of law terms and they are used very accurately. The use of legal jargon in Hamlet is particularly impressive. But it is The Merchant of Venice, a controversial tale of a Jewish moneylender, that examines themes of justice and the bias of legal systems.</p>
<p>Dickens’ popular novel Bleak House is particularly known for the novelist’s blunt attack on the flaws of the British judiciary system. Dickens’ experience of working as a law clerk in London came in handy in unearthing and depicting the law’s flaws so vividly. The plot concerns a long-running legal battle that takes place between two parties claiming the inheritance of a large property, a battle which in the end costs both parties dearly. Many believe that Dickens’s harsh portrayal of the lengthy Chancery system made way for the reforms that took place in the 1870s.</p>
<h3><b>Benefits of intermingling of law and literature</b></h3>
<p>The intermingling of law and literature produces certain benefits for both the subjects. First, literature is exceptionally capable of probing human psychology and conditions through text. This capacity can be combined with the legal framework which regulates human actions in real life and truly pave the way for a democratic judiciary which is a prerequisite for establishing a just and moral society. Second, literature is considered to be a carrier of human will and freedom of expression. This characteristic can be positively incorporated into the judicial system to facilitate more humane legal decisions. Third, literature helps us understand the text’s role in defining human experience as used in legal rhetoric. Fourth, by applying literary methods in legal writing, laws can be more readily interpreted and legal decisions can be conveyed more effectively. Fifth, reading and writing literature helps improve clarity of expression which is a must for everybody involved in the legal profession. Moreover, every citizen of a society should also acquire this clarity to enable them to defend themselves in the legal arena. Next, special cases can be accommodated through the application of literary standards to legal documents and thus despotism can be reduced to a great extent. In this regard some proponents of the admixture of law and literature argue that this looks back to and restores the image of the lawyer as a person of letters possessing a broad liberal education and being well versed in languages, rhetoric and literature, who views law as an aspect of the humanities and the public life, not a science or a business. Lastly, one of the skills literature teaches lawyers is the power of the imagination so that lawyers learn to place themselves in the shoes of the client, the opponent, the witnesses, the judge, and the jury in order to anticipate reactions to their pleadings, presentation of evidence, arguments, and settlement proposals.</p>
<p>However, one need not think that only law will benefit from this intermingling; rather, it is advantageous for literature as well. The law has immensely enlarged the area and scope for literature already. The law enriches itself every day and this ever widening sphere of law can be a great source for literature. Until now most literature in which law plays a major role has concerned criminal law, ignoring the many disputes over inheritance, contracts, divorce and real property. These very issues can be presented with more legal focus in literature if the writers are interested in knowing a bit more about law and the legal system. In this context we do very well remember the nineteenth-century British novels which are rich sources of thinking about law and lawyers and offer insight into the legal heritage, mainly because the novelists Charles Dickens, George Eliot, Anthony Trollope and others participated in the debate about the best way to implement legal reform. In this regard more scope will be created to consider human feelings, emotions, and the environment where a person is raised. Then theories of punishment-as there are different theories available, like reformative, punitive, deterrent, expiation, preventive, and so on-should be analysed thoroughly. This is where literature can open up windows of thought for the reformers.</p>
<p>In fact, law is not at all a stagnant subject, rather it has undergone huge changes over the ages and literature can very well claim to be the greatest contributor. Different writers in different ages have made the lawmakers think about the loopholes of the prevailing laws through their writings. This is how new interpretations of different laws have come about, and thus the loopholes have been exposed. Similarly, writers have provided us with new ideas about how to define crime and punishment under different circumstances and helped clarify law. Likewise, the discretionary power of the judges and its effects on the justice system can be viewed in a broader literary perspective. In this context the effort of Lord Denning, the greatest law-making judge of the century is worth mentioning. Lord Denning showed his willingness to override precedent to do what he saw as justice and foreshadowed the move towards moulding the law to suit changing times and circumstances.</p>
<p>The definition of an offence can be scrutinised even more critically if it is seen through literature. Taking lessons from literature, life can be improved, which can substantially help the law-enforcement agencies to maintain order in society with ease and comfort. Social and communal conflicts are commonplace in every country and they are well-depicted in literature; law can borrow these materials to deal with them. Literature also helps to find ways of dealing with psychological problems which are quite common in human life and have certain effects on the whole of society. Again literature tells us how to look at these sensitive issues and therefore may help the law manage them in a more delicate way. As edification is one of the objectives of literature, the blending of law and literature ultimately helps the moral development of anybody concerned with the law. Since literature critiques lawyers and the overall legal system, this intermingling will certainly widen the scope for criticising the different shortcomings of the legal system, such as delays in trial proceedings, imprisonment without trial, torture on remand or interrogation, lack of sincerity in investigation, corruption, and so on, and will no doubt help to find ways to curb them.</p>
<p>Recently, in the global perspective, law has expanded its sphere and in the process problems like eviction, mass killing, war crimes, arbitrary power, and illegal occupation by foreign armies have come to the fore. All these issues are the themes of many literary works by different writers, which can assist legal experts to find ways to think about and deal with them. Literature also helps in building a better society by illustrating the consequences of committing crimes and the dreadful conditions of a criminal life.</p>
<p>To conclude, the intermingling of literature and law can give us hope of having a legal system touched by humanity. It may help writers to produce literature with more experience of life and society. At the same time, we need not forget that law is a part of our culture, not a mere technical study and it has a lot to offer to literature as well. As literature is a storehouse of alternative visions of law and society, the more literature comes into the thoughts of a lawyer or a law student, the better is the chance of law in a society paying due regard to human values and emotions, a quality which many people believe law seriously lacks. Likewise, literature should be more concerned with the everyday problems of life and a true reflection of society in the broad view. The times demand that writers do not just project a series of imaginary pictures playing in their minds, and law can truly help literature meet this demand.</p>
<p><em>Ahamuduzzaman is a Senior Lecturer at the Department of Law, ASA University, Bangladesh. Sharif Rakib Hasan is a Lecturer at the Department of English at the same university.</em></p>
<h3><b>References</b></h3>
<ul>
<li>Brooks, Peter and Gewirtz, Paul. Law’s Stories: Narrative and Rhetoric in the Law, London: Yale University Press, 1996.</li>
<li>Campbell, John. Shakespeare’s Legal Acquirements, London: Kissinger, 2001.</li>
<li>Camus, Albert. The Stranger, USA: Tandem Library, 1999.</li>
<li>Dickens, Charles. Bleak House, London: Yale University Press, 2000.</li>
<li>Dien, Mawil, Izzi. Islamic Law: From Historical Foundations to Contemporary Practice, Notre Dame: University of Notre Dame Press, 2004</li>
<li>Dworkin, Ronald, M. “Law as Interpretation,” Critical Inquiry, 1982, Vol. 9, No. 1. p. 179.</li>
<li>Islam, Mahmudul. Constitutional Law of Bangladesh, Dhaka: Mullick Brothers. Second edition, 2002, pp. 58–60.</li>
<li>Minda, Gary. “Law and Literature at Century’s End,” Cardozo Studies in Law and Literature, 1997, Vol. 9 No.2, pp. 245–258.</li>
<li>Kafka, Franz. The Trial, Munich: Kurt Wolff Verlag, 1925</li>
<li>Sells, Michael. Approaching the Qur’an, USA: White Cloud Press, 1999.</li>
<li>Shakespeare, William. Hamlet. USA: Dover Publications, 1992</li>
<li>&#8211;. The Merchant of Venice, USA: Penguin Group, 1998. </li>
</ul>
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