This ambitious volume compares the development of Western and Islamic political thought. Exploring how the two traditions have both converged and diverged over time, the volume throws light on why the West and Islam each developed their own particular kind of approach to government, politics and the state, and why these are so different today.

For decades, liberal democracy has been extolled as the best system of governance to have emerged out of the long experience of history. Today, such a confident assertion is far from self-evident. Democracy, in crisis across the West, must prove itself. This highly timely volume is both a conceptual and practical guide of impressive scope to the challenges of good governance as the world continues to undergo profound transformation in the coming decades.

This book is a textbook designed for teaching a new subfield in political science: the emerging field of "comparative political theory". It is the first such textbook. As taught in American universities, political theory has been traditionally confined to the history of Western political thought from Plato and Aristotle to Hegel and Nietzsche. The editor believes strongly that this limitation is no longer tenable in our globalizing age when different cultures and civilizations are increasingly communicating and interacting with each (...) other. The text focuses on three areas: Islamic civilization, Indian civilization, and Far Eastern civilizations. In each area the text offers an introduction followed by readings dealing with ancient or classical teachings as well as modern and contemporary theoretical developments. In making these selections, the editor has been ably assisted by experts in the respective fields (Roxanne Euben, Anthony Parel, and Theodore deBary). The text is meant mainly for undergraduate classes but can be consulted with benefit also by more advanced students as well as by the general reading public. (shrink)

Recent histories of American jurisprudence tend to ignore the fact that ideas that appeared in the United States often appeared simultaneously in Europe. Even those works that do not ignore the European context are content with tracing the influence or reception of European thought in America. This article suggests that another possible approach is to compare jurisprudential developments in the United States, Europe, and other places in order to reach more general, sociology-of-knowledge-like insights into the reasons why certain ideas appear (...) at certain times and places. One concrete example is discussed: the rise of an interest in the distinction between formal and "living" law in American and European jurisprudence in the first decade of the twentieth century. This distinction was central to the work of Roscoe Pound in the United States and the work of the Austro-Hungarian legal thinker Eugen Ehrlich. Pound and Ehrlich shared similar personal backgrounds. When they began advocating the study of informal law, both Pound and Ehrlich were teaching law in provincial towns situated on the frontiers of empires. Both towns were marginal places where different cultures clashed and where the legal culture of the center of the empire had only a tenuous hold. Scholars working in such an environment, it is argued, would tend to be more aware of the gap between formal state law and the actual norms governing the daily lives of people than scholars working at the center of an empire. The article offers additional support for this argument by looking at the scholarship of Guido Tedeschi, an Italian-Israeli legal scholar who taught at the Hebrew University of Jerusalem in the 1940s. The article concludes by calling for the study of the history of American jurisprudence from a comparative perspective, taking into account such issues as the interaction between center and periphery and between empire and provinces in more than one national context. (shrink)

This chapter shows that science and quasi-science are already largely subject to various forms of "governance," including forms of self-governance. In science, as with other debating societies, governance characteristically begins with the problem of membership and the problem of regulating participation in discussion. The standard solutions to the problem of governance in the external sense recognize the inability of public discussion of the sort "demanded" by Beck to deal effectively with science. The history of particular forms of expertise, such as (...) the expertise of agricultural science, shows quite clearly that establishing credibility is difficult. When Leibig first introduced commercial chemical fertilizers with the backing of "science," the fertilizers had various unexpected and unintended side effects that harmed farmers—this was among the first of the science-made environmental disasters. The interesting thing about this process is the incredible difficulty and fragility of expertise. (shrink)

THE CASE FOR GOVERNMENT BY ARTIFICIAL INTELLIGENCE. Tired of election madness? The rhetoric of politicians? Their unreliable promises? And less than good government? -/- Until recently, it hasn’t been hard for people to give up control to computers. Not very many people miss the effort and time required to do calculations by hand, to keep track of their finances, or to complete their tax returns manually. But relinquishing direct human control to self-driving cars is expected to be more (...) of a challenge, despite the predicted decrease in vehicle accidents thanks to artificial intelligence that isn’t subject to human distractions and errors of judgment. -/- If turning vehicle control over to artificial intelligence is a challenge, it is a very mild one compared with the idea that we might one day recognize and want to implement the advantages of human government by AI. But, like autonomous vehicle control, government by AI is likely to offer decided benefits. -/- In other publications, the author has studied a variety of widespread human limitations that, throughout human history, have led to much human suffering as well as ecological destruction. For the first time, these psychological and cognitive human shortcomings are taken into account in an essay that makes the case for government by artificial intelligence. (shrink)

Traces the rise and fall of successive international systems from medieval times to the present, showing how international order is created, how it is maintained, and why it breaks down.

The origins of U.S. corporate taxation are often associated with the 1909 corporate excise tax. Scholars who have investigated the beginnings of this levy have mainly focused on the legislative history of the 1909 corporate tax to argue that it was either an expression of the Progressive Era impulse to regulate large-scale corporations or an attempt to use corporations as remittance devices to collect taxes aimed at wealthy shareholders. This Article broadens the conventional historical accounts of the emergence of American (...) corporate taxation by revisiting the 1909 U.S. corporate tax from a comparative perspective. The aim is to look both below and beyond the American nation-state to determine how and why U.S. state governments and other Western industrialized nations tried to tax corporations at the turn of the twentieth century. This Article investigates a small slice of subnational and transnational comparative examples: corporate tax laws and policies in a few representative nineteenth-century industrializing American states, and in turn-of-the-century England and Germany. Building on the well-known insights of comparative business history, this Article contends that historically-determined political interests, social ideas, and cultural beliefs help explain the American obsession with disciplining large-scale business corporations through the use of nominally punitive tax laws and policies. Comparative-historical analysis shows how differences in the organizational structures of big businesses across place and time have led to variations in political economy that were ultimately expressed in the legal ideas and cultural attitudes toward corporate capitalism. These variations, in turn, shaped the transnational distinctions in corporate tax law and policies. Greater attention to the comparative-historical development of law and political economy may help us understand the stubborn persistence of American corporate taxation, particularly in the face of recent global changes and the relentless economic critiques of the double taxation of corporate income. (shrink)

The study is aimed to test the governing-law anchor in the comparative analysis of legal terminology to harmonize the clash of legal cultures in legal translation. It is considered as an adjustment to a juritraductological approach to legal translation which invites legal translators to merge the tools of jurilinguistics, comparative law and traductology in the comparative analysis of legal concepts before selecting a suitable translation solution (Monjean-Decaudin, in: Research methods in legal translation and interpreting, Routledge, 2019). Rather (...) than transposing a text from a source law system to a target law system, legal translators are believed to operate in the bi-semiotic environment of two legal cultures as navigators of their recipients toward understanding the legal concepts under the governing law of the document. To this end a comparative conceptual analysis, that correlates with the parametrization method (Matulewska in Stud Logic Gramm Rhetor 45:161–174, 2016), should be anchored in the analysis of the source law concepts (Šarčević in New Approach to Legal Translation, Kluwer Law International, The Hague, 2000). First, the componential and taxonomic analyses were used to identify conceptual markers/parameters of source concepts to serve as tertia comparationis for the subsequent search of their functional equivalents in the target legal culture. Source concepts and their functional equivalents were subsequently subject to a comparative componential analysis aimed to reveal a degree of their match based on which coinage operations were activated in selecting suitable translation strategies. We hypothesized that the change in the governing-law perspective would trigger changes in translation solutions. The governing-law-anchored process of comparative analysis was detailed and exemplified by the analysis of the conceptual field of Homicide in the Slovak law, English law, and the US Model Penal Code. (shrink)

Patricia Crone's _God's Rule_ is a fundamental reconstruction and analysis of Islamic political thought focusing on its intellectual development during the six centuries from the rise of Islam to the Mongol invasions. Based on a wide variety of primary sources--including some not previously considered from the point of view of political thought--this is the first book to examine the medieval Muslim answers to questions crucial to any Western understanding of Middle Eastern politics today, such as why states are necessary, what (...) functions they are meant to fulfill, and whether or why they must be based on religious law. The character of Muslim political thought differs fundamentally from its counterpart in the West. The Christian West started with the conviction that truth (both cognitive and moral) and political power belonged to separate spheres. Ultimately, both power and truth originated with God, but they had distinct historical trajectories and regulated different aspects of life. The Muslims started with the opposite conviction: truth and power appeared at the same time in history and regulated the same aspects of life. In medieval Europe, the disagreement over the relationship between religious authority and political power took the form of a protracted controversy regarding the roles of church and state. In the medieval Middle East, religious authority and political power were embedded in a single, divinely sanctioned Islamic community--a congregation and state made one. The disagreement, therefore, took the form of a protracted controversy over the nature and function of the leadership of Islam itself. Crone makes Islamic political thought accessible by relating it to the contexts in which it was formulated, analyzing it in terms familiar to today's reader, and, where possible, comparing it with medieval European and modern political thought. By examining the ideological point of departure for medieval Islamic political thought, Crone provides an invaluable foundation for a better understanding of contemporary Middle Eastern politics and current world events. (shrink)

Renowned Eastern European author Adam Michnik was jailed for more than six years by the communist regime in Poland for his dissident activities. He was an outspoken voice for democracy in the world divided by the Iron Curtain and has remained so to the present day. In this thoughtful and provocative work, the man the Financial Times named "one of the 20 most influential journalists in the world" strips fundamentalism of its religious component and examines it purely as a secular (...) political phenomenon. Comparing modern-day Poland with postrevolutionary France, Michnik offers a stinging critique of the ideological "virus of fundamentalism" often shared by emerging democracies: the belief that, by using techniques of intimidating public opinion, a state governed by "sinless individuals" armed with a doctrine of the only correct means of organizing human relations can build a world without sin. Michnik employs deep historical analysis and keen political observation in his insightful five-point philosophical meditation on morality in public life, ingeniously expounding on history, religion, moral thought, and the present political climate in his native country and throughout Europe. (shrink)

The digital business model emerges as a new business model and gradually penetrates global industries, and countries are putting in place various digital strategies to support their development. As one of the important tools, taxation strategies are highly expected by countries, which not only describe the economic development pattern of a country but also show the digital leadership of a country. Some countries have introduced their own unilateral digital services tax to govern their digital business models, while others have looked (...) more to the global minimum tax, resulting in the current situation of both a unilateral digital services tax and a global minimum tax. However, both of them are of great reference value for the tax governance of digital business models. This paper compares the development history of digital tax strategies, categorizes, and analyzes the design logic of existing digital tax strategies, and takes China, one of the major digital economy countries, as an example to propose China’s digital tax strategies by drawing on international experience. We set an example for the design of digital economy tax strategies for countries around the world so that they can manage digital business models more efficiently. (shrink)

North America and New Zealand were colonized by England under an international legal principle that is known today as the Doctrine of Discovery. When Europeans set out to explore and exploit new lands in the fifteenth through the twentieth centuries, they justified their sovereign and property claims over these territories and the Indigenous people with the Discovery Doctrine. This legal principle was justified by religious and ethnocentric ideas of European and Christian superiority over the other cultures, religions, and races of (...) the world. The Doctrine provided that newly-arrived Europeans automatically acquired property rights in the lands of Native people and gained political and commercial rights over the inhabitants. England was an avid supporter of the Doctrine and used it around the world. The English colonial governments and colonists in New Zealand and America, and later the American state and federal governments and New Zealand governments, all utilized Discovery and still use it today to exercise legal rights to Native lands and to control their Indigenous people. In this article, the authors, an American Indian and a New Zealand Maori, use a comparative law methodology to trace and compare the legal and historical application of Discovery in both countries. The evidence uncovered helps to explain the current state of United States Indian law and the New Zealand law relating to Maoris. While the countries did not apply the elements of Discovery in the exact same manner, and at the same time periods, the similarities of their use of Discovery are striking and not the least bit surprising since the Doctrine was English law. Viewing American and New Zealand history in light of the international law Doctrine of Discovery helps to expand one's knowledge of both countries and their Indigenous peoples. (shrink)

This article turns one of most cited philosopher's John Dewey's title, How We Think (1933/1998) back upon itself to consider how ‘thought’ or ‘reason’ are cultural practices that historically order and generate principles for reflection and action. The discussion proceeds thusly: (1) Schooling is about changing people; (2) Changing people embodies cultural theses about modes of living, such as that of being a lifelong learner or a Learning Society. The modes of living in modern pedagogy embody changing cultural norms and (...) values about systems of reason that are to express universal cosmopolitan qualities; (3) Pedagogy fabricates the systems of reason to principles for reflection and participation that shreds provincial values in the name of greater universal cosmopolitan values; (4) This ‘making’ of cosmopolitan ‘reason’ forms through cultural practices that have overlapping sets of distinctions and differentiations about agency, the rational planning of one's biography in time, and science as a procedure for action in daily life. The educational sciences and philosophy of education are inscription devices or intellectual tools in the governing practices; (5) The inscriptions of reason, however, are more than mere qualities of thought or the mind. The narratives and images of cosmopolitan reason embody particular sublimes about collective hopes, desires and fears; (6) Further, the distinctions of cosmopolitan reason are comparative in that the very qualities of the ‘reasonable person’ create maps of its opposite: those who do not ‘fit’ the normalized qualities of the cosmopolitan thus stand outside that mode of living; The last section (7) provides three exemplars of the changing notions of the cosmopolitan and its ‘other’ in school subjects (literacy, mathematics, and music). School subjects are viewed as alchemies that transmogrify disciplinary thinking into normalizing pedagogies that fabricate who the child is and should be. The historical sketch has two layers in its educational study. One is to explore the politics of schooling with cosmopolitanism as a comparative method to consider the changing cultural practices that fabricate who child is and should be. The second raises questions about taken‐for‐granted categories and their systems of reason of education and reform. The very categories and distinctions of policy, educational research and philosophy are historicized as cultural practices to order, classify and divide what is ‘seen’ and felt as experience. (shrink)

The failure to reconcile views of the past and to address historical injustice has damaged inter-state relations in Northeast Asia. Joint committees, dialogues and the participation of civil society have been used to address historical issues, but scholars in the disciplines of international relations and area studies have largely ignored these dialogues and deliberative forums. At the same time, there is an emergent theoretical literature on how deliberative democracy can address ethnic conflicts and historical injustice. There is a serious disconnect (...) or distance between the theoretical literature on the resolution of conflicts via deliberation on the one hand, and empirical studies of deliberative approach in East Asia on the other. This article aims to address this shortcoming in the study of the politics of historical dispute in Northeast Asia by proposing a deliberative approach to history disputes and highlighting the achievements, limits and dynamics of deliberation. Through mapping and comparative testing, we confirm that deliberation offers some potential for a departure from nationalist mentalities and a shift towards a consciousness of regional history in Northeast Asia. Our empirical test of the utility of the deliberative approach suggests that a new model for addressing regional disputes may be emerging.
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This ambitious book examines the notion of legal transparency from a unique cultural and historical perspective. Drawing from their combined academic and practical experience with both Chinese and Western legal traditions, authors John Head and Xing Lijuan explore how an intense debate — pitting legal transparency against legal opaqueness — unfolded in dynastic Chinese law, which began in the dark mists of history and ended formally just over a hundred years ago. They rely on a wide range of both Western (...) and Chinese sources to explain how that great debate was resolved in the early Han Dynasty (around the third century BCE) in a way that molded Chinese law into a sophisticated legal system that for roughly two millennia balanced definitiveness with vagueness, predictability with flexibility, and egalitarianism with privilege — and that reflected cultural values still resonating in China today. Legal Transparency in Dynastic China presents a clear narrative that assumes no prior expertise in Chinese law or history, and it caters to readers interested in issues of good governance, comparative studies, China, history, and law. The book begins by defining “legal transparency” and explaining where it fits into the larger context of the transparency-in-government movement that has gained such momentum in recent years, especially at the urging of Western powers. Then the book explains the fundamentally different values espoused by early Confucianists, for whom society is best governed not through written law but through the exemplary behavior of a highly educated, virtuous, and enlightened elite. After tracing the political and ideological challenges that the Confucianists faced from the Legalists, Head and Xing examine the compromise that resulted in the so-called “Confucianization of the Law” around 200 BCE. They then show how that alloy of competing ideologies characterized Chinese dynastic law for many centuries, resulting in what some would consider the most enduring and effective legal system in human history. (shrink)

Patricia Crone's _God's Rule_ is a fundamental reconstruction and analysis of Islamic political thought focusing on its intellectual development during the six centuries from the rise of Islam to the Mongol invasions. Based on a wide variety of primary sources -- including some not previously considered from the point of view of political thought -- this is the first book to examine the medieval Muslim answers to questions crucial to any Western understanding of Middle Eastern politics today, such as why (...) states are necessary, what functions they are meant to fulfill, and whether or why they must be based on religious law. The character of Muslim political thought differs fundamentally from its counterpart in the West. The Christian West started with the conviction that truth and political power belonged to separate spheres. Ultimately, both power and truth originated with God, but they had distinct historical trajectories and regulated different aspects of life. The Muslims started with the opposite conviction: truth and power appeared at the same time in history and regulated the same aspects of life. In medieval Europe, the disagreement over the relationship between religious authority and political power took the form of a protracted controversy regarding the roles of church and state. In the medieval Middle East, religious authority and political power were embedded in a single, divinely sanctioned Islamic community -- a congregation and state made one. The disagreement, therefore, took the form of a protracted controversy over the nature and function of the leadership of Islam itself. Crone makes Islamic political thought accessible by relating it to the contexts in which it was formulated, analyzing it in terms familiar to today's reader, and, where possible, comparing it with medieval European and modern political thought. By examining the ideological point of departure for medieval Islamic political thought, Crone provides an invaluable foundation for a better understanding of contemporary Middle Eastern politics and current world events. (shrink)

This comparative history of political thought examines what the Western and Islamic approaches to politics had in common and where they diverged. It throws light on why the West and Islam each developed their own particular kind of approach to government, politics, and the state, and on why these approaches are so different.

This article probes the relationship between archives and history by examining the archive policy on historical research in the first modern administration state of the German lands, the kingdom of Bavaria. Given the continuing tradition of the theory and practice of the arcana imperii in the 19th century, state archives served first and foremost the state. As a result, researchers’ interest in archival material was to undergo an administrative vetting procedure, in order to safeguard the interests of the state. By (...) examining comparatively the cases of two petitioners supplicating for the historical use of state archives in Munich, the article showcases the policy of secrecy and the resultant administrative threshold separating the sphere of the arcana from the public. Caution guided the archive politics of state officials and, ultimately, their more or less explicit notions and concerns decided which material was finally to be released, in order to become a ‘source’ for historical study. Historical researchers such as the writer Alessandro Volpi and the historian August Kluckhohn were thus required to meet specific criteria and to overcome political hurdles, in order to gain access to the desired clues guarded by the state. As a result of this, the opportunity to inspect archival material was very much dependent on the political communication between petitioner and government, and its result, the granting or denial of access, was not without ramifications for historical research and the epistemic status of historical knowledge. (shrink)

This article probes the relationship between archives and history by examining the archive policy on historical research in the first modern administration state of the German lands, the kingdom of Bavaria. Given the continuing tradition of the theory and practice of the arcana imperii in the 19thcentury, state archives served first and foremost the state. As a result, researchers’ interest in archival material was to undergo an administrative vetting procedure, in order to safeguard the interests of the state. By examining (...) comparatively the cases of two petitioners supplicating for the historical use of state archives in Munich, the article showcases the policy of secrecy and the resultant administrative threshold separating the sphere of the arcana from the public. Caution guided the archive politics of state officials and, ultimately, their more or less explicit notions and concerns decided which material was finally to be released, in order to become a ‘source’ for historical study. Historical researchers such as the writer Alessandro Volpi and the historian August Kluckhohn were thus required to meet specific criteria and to overcome political hurdles, in order to gain access to the desired clues guarded by the state. As a result of this, the opportunity to inspect archival material was very much dependent on the political communication between petitioner and government, and its result, the granting or denial of access, was not without ramifications for historical research and the epistemic status of historical knowledge. (shrink)

Death is the opposite not of life, but of power. And as such, Mohammed Bamyeh argues in this original work, death has had a great and largely unexplored impact on the thinking of governance throughout history, right down to our day. In Of Death and Dominion Bamyeh pursues the idea that a deep concern with death is, in fact, the basis of the ideological foundations of all political systems. Concentrating on four types of political systems—polis, empire, theocracy, and modern mass (...) society systems—Bamyeh shows how each follows a specific strategy designed to pit power against the equalizing specter of death. Each of these strategies—consolation, expansion, preparation, and repression—produces a certain style of political behavior, as well as particular psychic traumas. In making his argument, Bamyeh revisits a wide range of empirical and theoretical discussions in existentialist philosophy, psychoanalysis, comparative historical sociology, literary studies, and anthropology. By demonstrating how schemes of power are by definition also schemes for defying death—despite their claims to the contrary—his book encourages us to think of a new style of politics, one oriented toward life. (shrink)

Japan has more robots than any other country with robots contributing to many areas of society, including manufacturing, healthcare, and entertainment. However, few studies have examined Japanese attitudes toward robots, and none has used implicit measures. This study compares attitudes among the faculty of a US and a Japanese university. Although the Japanese faculty reported many more experiences with robots, implicit measures indicated both faculties had more pleasant associations with humans. In addition, although the US faculty reported people were more (...) threatening than robots, implicit measures indicated both faculties associated weapons more strongly with robots than with humans. Despite the media’s hype about Japan’s robot ‘craze,’ response similarities suggest factors other than attitude better explain robot adoption. These include differences in history and religion, personal and human identity, economic structure, professional specialization, and government policy. Japanese robotics offers a unique reference from which other nations may learn. (shrink)

***Translated a Korean-language book to English with Dr. Chang-Seong Hong*** Venerable Hyun-Eung's Enlightenment and History is the first book of Buddhist philosophy of history published in South Korea; possibly the first of its kind in the world. In this book of telling points and clear visions, Hyun-Eung discusses East Asian Buddhist traditions in light of Western-philosophical perspectives and presents his views on the theory and praxis in contemporary Buddhism in a way that Western readers can easily understand. East Asian Buddhist (...) philosophy has had little introduction to English-speaking societies compared with the philosophies of other traditions in Buddhism. This book provides penetrating insight into such major issues of East Asian Mahayana Buddhism as enlightenment, compassion, emptiness, and sudden enlightenment in the Zen traditions. Hyun-Eung s approach is creative, clear, logical, and methodologically modernized. Hyun-Eung s Buddhist philosophy of history is not a mere product of armchair philosophy. He wrote most essays in this book during the 1980 s while South Korea was undergoing serious political turmoil as it tried to overthrow a government backed by military generals. This book presents a philosophy that evolved from his contemplations on the real issues of South Korean society. Defining the ideal form of life as the life of bodhisattva in Mahayana Buddhism, Hyun-Eung summarizes the theme of this book as follows: My book Enlightenment and History is a collection of essays that interpret Buddhist doctrines under a new light. In particular, this book interprets bodhisattva as the combination of bodhi (enlightenment) and sattva (life, history), and defines the life of bodhisattva as enlightenment s becoming history and history s becoming enlightenment. This is the representative of all the new interpretations in this book. Also, I classify the issue of fact judgments on how to understand facts and phenomena as the area of bodhi (enlightenment) and the issue of value judgments on how to live life as the area of sattva (history), and thereby I make their logical differences clear. However, at the same time, I claim that harmonizing these two areas into one area of life is the model of a nice and practical life, which is the bodhisattva that Mahayana Buddhism praises. From Introduction. (shrink)

The tensions between monarchy and republicanism are a dominant feature of Machiavelli’s political works, and both the so-called ‘monarchical’ work, The Prince, and the more overtly republican Discourses laud the benefits of republicanism and warn against relying on hereditary monarchy. This article compares Machiavelli’s proposals, advanced in 1520, for a mixed constitution for the city of Florence with those of his younger compatriot, Donato Giannotti, who became secretary to the Ten in the last Florentine republican government of 1527-30. As (...) the historical context changed, and Florence progressed from republic to absolutist duchy under the later Medici, Giannotti was exiled from the city and the article examines how his proposed reforms of 1528 and then his major work, Della republica fiorentina, drafted and redrafted between 1531 and 1538 as the politics of Florence changed, reinforce and expand Machiavelli’s views of politico vivere in a republican polity like Florence whose constitution was being dramatically rewritten. (shrink)

This paper presents a non-reductionist framework of eight nested modes of evolution that have successively emerged to organize the reproduction of all organisms, from the blue-green algae to our societies. The processes of biological, "Darwinian," evolution are those of drift during reproduction, and of selection. The key unit of evolutionary time is the generation, and its locus is the organisms' life-cycle setup. Different life-cycle setups support different mechanisms of reproduction, and therefore different modes of evolution. By tracing the different life-cycle (...) setups attested throughout Life's History, we are able to characterize the successive modes of evolution with which they are associated. The present attempt has led to a characterization of the following eight nested modes of evolution: Basic; Reptilian; Archaic Mammalian; Progressive Mammalian; Socio-cultural; Extrasomatically Enhanced Socio-cultural; Tinkering; and finally Para-biological. These successively emerging modes govern a progressively reduced number of life-forms. The first four modes are "Darwinian" in the strict sense. The fifth, or socio-cultural mode, which governs whale and elephant societies in addition to hominoids, is already not "Darwinian" in the traditional sense. The last three modes have emerged with the genus homo, through the progressive extension of its life-cycle setups. The present framework is to be used heuristically, as a prism with which to separate the evolutionary spectrum of the constituent elements of human behavior. An example of such a behavioral evolutionary spectrum is presented in the conclusion, and is used to compare the present framework with those recently proposed by Maynard Smith and Szathmáry and by Foley. (shrink)

This study deals basically with a critique of ideological and policy-oriented approaches in area studies, and problems of political interventions and ideological inclinations in the Middle Eastern studies. Politics and ideology not only makes the area more complex to understand, since they aim to meet the needs of the governments, but also prevents the academic studies to develop independently. The study aims at putting forth a historical analysis required both to take the issues of the Middle East studies within their (...) unique socio-economic settings, and to regard them from the historical point of view. Central for the paper is to propose bases for the development of area studies depending on the interactions of regional histories and politics with each other. The study argues that Middle East studies in particular and area studies in general would produce reasonable knowledge and add up to the literature within a working relationship with world history, and in a comparative and multi-dimensional manner. (shrink)

Aristotle’s claim that poetry is ‘a more philosophic and better thing’ than history (Poet 9.1451b5-6) and his description of the ‘poetic universal’ have been the source of much scholarly discussion. Although many scholars have mined Poetics 9 as a source for Aristotle’s views towards history, in my contribution I caution against doing so. Critics of Aristotle’s remarks have often failed to appreciate the expository principle which governs Poetics 6-12, which begins with a definition of tragedy and then elucidates the terms (...) of that definition by means of a series of juxtapositions. The juxtaposition between poetry and history is one such instance which seeks to elucidate what sort of plot exemplifies a causal unity such that the events of a play unfold with likelihood or necessity. Within that context, Aristotle compares history and poetry in order to elucidate the object of poetic mimesis rather than criticize history as a discipline. Viewing Aristotle as antagonistic towards history fails to appreciate the expository structure of the Poetics and obscures the resource which history provides to the poet, a point which I explore by considering what Aristotle would have thought of an ‘historical’ tragedy like Aeschylus’ Persians. (shrink)

Legal studies and consequently legal history focus on constitutional documents, believing in a nominalist autonomy of constitutional semantics.Reconsidering Constitutional Formation in the late 18th and 19th century, kept historic constitutions from being simply log-books for political experts through a functional approach to the interdependencies between constitution and public discourse. Sovereignty had to be 'believed' by the subjects and the political élites. Such a communicative orientation of constitutional processesbecame palpable in the 'religious' affinities of the constitutional preambles. They were held as (...) 'creeds' of a new order, not only due to their occasional recourse to divine authority, but rather due to the claim for eternal validity contexts of constitutional guarantees. The communication dependency of constitutions was of less concern in terms of the preamble than the constituents' big worries about government organisation. Their indecisiveness between monarchical and popular sovereignty was established through the discrediting of the Republic in the Jacobean reign of terror and the 'renaissance' of the monarchy in the military resistance against the French revolutionary and later Napoleonic campaigns. The constitutional formation as a legal act of constituting could therefore defend the monarchy from the threat of the people (Albertine Statute 1848), could be a legal decision of a national constituent assembly (Belgian Constitution 1831), could borrow from the old liberties (Polish May Constitution 1791) or try to remain in between by referring to the Nation as sovereign (French September Constitution 1791, Cádiz Constitution 1812). Common to all contexts is the use of national sovereignty as a legal starting point. The consequent differentiation between constituent and constituted power manages to justify the self-commitment of political power in legal terms. National sovereignty is the synonym for the juridification of sovereignty by means of the constitution. The novelty of the constitutions of the late 18th and 19th century is the normativity, the positivity of the constitutional law as one unified law, to be the measure for the legality of all other law. Therefore ReConFort will continue with the precedence of constitution. (www.reconfort.eu). (shrink)

This paper distinguished different analytical approaches to the evaluation of the sustainability of large-scale land acquisitions—at both the conceptual and methodological levels. First, at the conceptual level, evaluation of the sustainability of land acquisitions depends on what definition of sustainability is adopted—strong or weak sustainability. Second, a lack of comparative empirical methods in many studies has limited the identification of causal factors affecting sustainability. An empirical investigation into the sustainability of land acquisitions in Tanzania that employs these existing concepts (...) in a methodologically rigorous manner offers an opportunity to more clearly addresses ethical questions surrounding international land acquisitions. My findings indicate that it should not be assumed that sustainability necessarily hinges on issues of strong sustainability, particularly that all village lands represent critical natural capital. As a result of its unique history of Ujamaa villagization, Tanzania villages often have ownership of significant tracts of unused land that mitigates the risk of violating conditions of strong sustainability. Issues of weak sustainability appear to be more important to villagers—particularly the degree of man-made capital benefits derived from projects. While compensation rates for lands acquired were low and the process lacked transparency, low compensation rates are not sufficient grounds for rejecting land acquisitions as unsustainable. When projects deliver significant man-made capital benefits, low compensation rates were not a politically salient issue amongst villagers. Finally, results suggest that some prioritization of man-made capital over biodiversity can be ethically defensible when the decision-making process goes through legitimate village government bodies and benefits reach poor villagers. (shrink)

The attempt is made in this article to analyze and compare the religious policies of the two Safavid and Qajar dynasties’ governments with respect to Sunnite sect. In these eras the related policies differed although the official religion of both regimes was Shiism: The Safavid central government’s confronting policies against Sunnite, the Sunnite elites’ long-term appointments to high state ranks by Qajar Kings and these policies were more consistent in Qajar than Safavid era. Here the approaches of both the (...) dynasties are categorized in four parameters: confronting, excommunication, discrimination and moderation. In Safavid era the first three parameters were more apparent while the fourth parameter is more evident in Qajar era. (shrink)

Theorists of democratic politics have long noted the importance of citizenship to the realization of liberal norms. Citizenship provides an artificial identity to members so that they may meet as equals in the public domain. The constraints of equality dictate that this identity will have a unitary face: citizenship must be a single status if it is to serve its stated purpose. However upon examination, citizenship appears to take multiple forms that reflect a range of political statuses that exist within (...) the confines of democratic politics. The civil, political and social rights of citizenship as well as the status of nationality come unbound from one another in ways that create multiple forms of partial, or semi-citizenship. Semi-citizenships provide states with opportunities to organize and govern otherwise "illegible" or "irrational" sub-sections of the population. They also often offer individuals the chance to adopt identities that diverge from those referenced by classic notions of the citizen. ;This dissertation combines a theoretical inquiry into the realities of modern citizenship with focused case studies examining instances of semi-citizenship. Each case study demonstrates the degree to which semi-citizenship is inevitable in democratic politics both by looking at various national contexts and by recalling the presence of such statuses throughout the history of the modern state. The statuses held by non-nationals, GLBTs, children and convicted felons demonstrate a unique set of state responses to forms of membership that do not correspond to the categories of citizen or non-citizen. Each of these statuses has existed in a wide range of temporal and geographic circumstances. Deprived of nationality, civil rights and political rights, these groups exist in democracies without being governed democratically, yet in some cases they are able to turn such statuses to their advantage. States compensate in a variety of ways ranging from special or additional rights, to benign neglect, to paternalism. While vulnerable to critique, these compensatory measures indicate an acceptance of the fact that citizenship is composed of several distinct forms of membership and may also provide opportunities for tailoring citizenship to meet individual needs. (shrink)

This paper discusses corporate entanglement, impactfulness and responsibility in the Anthropocene, amidst events and conditions that ‘uncontain’ time. It takes its direction of travel from artist Brian Jungen’s ‘Cetology’ (2002), a whalebone sculpture made out of cut-up plastic garden chairs, which conjoins the times of earth and world history, as it hangs in the air of the art gallery, ‘as if’ exhibited in the natural history museum. The paper relates ‘Cetology’s’ engagement with natural history, time, and commodification to matters of (...) corporate entanglement and responsibility within company law and governance. Problems with understanding the comparable imprint of large and multinational companies on matters, places, and communities are identified, after the domination of corporate legal frameworks over nature and the stability and perfection of economic incentives at law. The reading of this (critical-legal) situation is developed through theory and engagement with materialist and critical thinkers, who unite in their concern with distributed human–nature relations and the ‘concreteness’ that attends collisions in time, ruin and affect. Walter Benjamin and Theodor Adorno’s writings are central to this analysis, and strengthen the commentary on ‘natural history’ themes curated by Jungen. The paper contemplates how times’ uncontainment might invoke a change in expectation and method for the company law field, assigning contingency to the corporation and provoking a new mode of reflection about corporate entanglement and responsibility at law. (shrink)

In light of Perry Anderson's recent re-Iaunch of New Left Review, and the publication of Gregory Elliott's Perry Anderson: The Merciless Laboratory of History, it is perhaps an opportune moment for Marxists to assess Anderson's contribution to socialist strategic thought. At the heart of Anderson's manifesto is the claim that the principal aspect of the past decade ‘can be defined as the virtually uncontested consolidation, and universal diffusion, of neoliberalism'. There is, obviously, something in this claim. However, Anderson also briefly (...) notes, amongst other counter-currents, the labour upsurge in France in 1995, but dismisses the significance of these events with the claim that ‘capital has comprehensively beaten back all threats to its rule'. Anderson compares the context of the launch of the first New Left Review with that of the present day. He writes that, back then, a third of the planet had broken with capitalism, the discrediting of Stalinism in 1956 had unleashed a vital process of the rediscovery of authentic Marxism, while, culturally, there had been a qualitative break with the conformism of the 1950s. Today, by contrast, American capitalism has reasserted its international primacy, European social-democratic governments are implementing policies designed to follow the American model, Japan is suffering from a slump, while the Russian catastrophe has produced no popular backlash. Moreover, the Western powers have recently asserted themselves successfully in the Balkans, and, despite upsurges against capital in the 1990s, ‘no collective agency able to match the power of capital is yet on the horizon’. How are socialists to respond to this diagnosis? In this essay, I want to locate the logic of Anderson's interpretation of the present conjuncture within the context of his previous strategic claims. I will argue that, while socialists will always have much to learn from Anderson, strategically his thought has systematically suffered from a form of political impressionism. This suggests that his interpretation of the present conjuncture may fail the test of history. (shrink)

Few have given much thought to how a state of freedom and justice should be organized. This book is the result of the author s 35-year odyssey in search of an answer. He has taken a multi-disciplinary approach, reading widely over many years in the realms of Politics and Economics, Sociology and Philosophy, History and Law. This approach has led to some fresh insights which do not fit into the current left wing/right wing political analysis straitjacket. Comparing the consensus theory (...) of the origin of the state, popularized by Rousseau, with the less well-known conflict theory as expounded by Franz Oppenheimer, the author argues that most states have arisen from the conquest of one class over another, or one tribe over another. Thus the modern state is characterized by a ruling class exercising the coercive power of the state, denying freedom and justice to the rest in varying degrees. Thus the state can be our greatest enemy the 20th century provides plenty of evidence for that. To counter the abuse of power, the author follows the work of Frederic Bastiat in describing a minimal state, limited to the defence of the territory and to maintaining law and order.". (shrink)

This review locates the 1980 lectures within the context of the wider discussions of Foucault and religion; highlighting the influence of George Dumézil on the comparative and structural analysis. Assessing the problem of the historical accuracy of Christian history in Foucault’s work and the nature of the archaeological approach, the review explores what would be fair to ask of Foucault’s 1980 lectures on Christianity. The review focuses on the internal consistency, selections and theoretical tensions. While acknowledging that Foucault picks (...) up the important shift towards external ritual performance of early Christian life, the review questions Foucault’s lack of appreciation of the notion of “sacramentum,” which informs the central interpretative framework of “truth acts.” The review suggests that Foucault’s thinking is shaped by an “expressionist theology” and operates on a false binary distinction between faith and practice. It shows the problematic reading of Tertullian and the indivisibility between acts and faith in his work and reveals the counter-conduct and freedom practices in Tertullian’s later Montanist commitment—which rejected church authority for inner commitment to God—and also suggests a gendered dimension to expressionist acts. The review reveals Foucault’s own inability to split the faith-practice dichotomy—on which his expressionistic argument depends—and highlights the tensions that persist in maintaining a “truth-act” model from early Christian life. It concludes by suggesting that the philosophy-theology relation in Foucault opens more questions than it resolves. (shrink)

The early period Ismaili jurist Al-Qādî al-Nu'mān appears as an important figure in the formation of Ismaili jurisprudence. There is very little information about Kadı Nu'mân's family, childhood, education and intellectual environment. His full name is Abû Hanîfah Nu'man b. Muhammad b. Mansûr al-Qādî at-Tamîmî Al Qayrawānî. He was born around 290/903 (late 3rd (9th) century) into an educated family in Qayravan in North Africa. There are different opinions about the sect he belonged to when he was growing up. On (...) the other hand, it is difficult to say for certain whether Nu’mān received education in the Ismaili sect due to the understanding of taqiyya in the madhhab. However, it is understood from the basic jurisprudence texts Nu’mān wrote that he most likely did not receive a Sunni education. Historians refer to him as 'Qadi Nu’mān or Abu Hanifah al-Shi'i' in order not to confuse him with the imam of the Hanafi school. Qādî Nu’mān served at different levels of the Fatimid State. Around 313/925, he entered the service of the first Fatimid caliph, Mahdi (r. 909-934 CE/297-322 AH), as a copyist and secretary. During the reigns of the third caliph Mansur and the fourth Fatimid caliph Mu’izz (d. 365/975), Qādî Nu’mān first served as a judge in Tripoli and then in Mansouriya, the Fatimid capital. After the Fatimids conquered Egypt and the center of government was moved to Cairo, Qādî Nu’mān was appointed by the fourth caliph Mu’izz as the head of the appellate courts (maẓālim). Qadi Numans career was at the peak in the period of Caliph Muiz. Qādî Nu’mān worked as a judge in the Fatimid State for about twenty-six years and continued this duty until his death in 363 (973). After the fall of the Fatimid caliphate, there haven’t been any other Fatimid or Ismaili jurists. Qādî Nu’mān is considered by contemporary Ismaili writers as a figure who systematically transformed Ismaili fiqh into an independent sect of fiqh. It can be said that Ismaili fiqh was developed through his works in the Fatimid period. His works continued as the main references in the fiqh studies and after the Fatimid period. With the death of Qādî Nu’mān, the period of ijtihad in Ismaili fiqh and its the establishment phase of Ismaili fiqh came to an end; The sect, in which esoteric interpretations were at the forefront, emerged as a distinctive school of fiqh by discarding ambiguity. Qādî Nu’mān was a very productive writer. He wrote important works related to the field of furu al-fiqh and usûl al-fiqh. Among his works, Ikhtilāf uṣūl al-madhāhib is undoubtedly one of the most important works in the early history of fiqh methodology. The work in question, which was originally written with the aim of rejecting the Sunni fiqh method, discusses the approaches of the Sunni schools of fiqh on ikhtilāf, taqlid, ijma, nazar, qiyas, istihsan, ijtihad and ra’y in a polemical manner. It reveals the differences of the Ismaili method from the Sunni method in terms of the sources on which the fiqh is based, the authority to make ijtihad and the theory of interpretation of the texts. Qādî Nu’mān examined the relationship between reason and revelation in general and the role of religious authority in comprehending and interpreting the texts while criticizing Sunni methods. Ikhtilāf uṣūl al-madhāhib has the characteristics of the works of development period as a form. It is possible to observe the question-answer and dialectic form which can be seen in the works of the development period throughout the work in question. Qādî Nu’mān endeavoured to persuade his opponents with a dialectical and argumentative style. Again, he replied to the Sunnis, who were his interlocutors, with their own proofs. In addition to these, Ikhtilāf uṣūl al-madhāhib has a unique feature in the matter of content. Because it is not very familiar to any Sunni handbook of usûl al-fiqh. It does not mention the hâss, âmm, ijma, qiyas, amir, nahy, alfaz bets, etc. The text is very similar to the Ahbari movement of the Jafari sect for it rejects all forms of ijtihad. It was written at a time when fiqh was not yet stable. Ikhtilāf uṣūl al-madhāhib gives us crucial information about the development of different usûl and fiqh sources in the middle of the fourth century. However, what is interesting here is that the information he gives about Ismaili method and fiqh is very little compared to the one about Sunni method and fiqh. Much of it centered on Sunni thought and its rejection. However, his ultimate goal was to defend the Ismaili doctrine. (shrink)

This paper uses Foucault’s concepts “discipline” and “biopower” to expose the complexity of power relations in Augustan Rome and its historiography. Focusing on Augustus’ Res Gestae and Tacitus’ Annales, I argue that the absolute sovereignty of the emperor did not preclude the advancement of techniques to classify, hierarchize and normalize individuals, nor did Imperial sovereignty work against the development of a discourse about the enhancement and protection of the population. By demonstrating the conceptual and historical relevancy of Foucault’s modern power (...) triad of “sovereignty-discipline-government” to first century CE Rome, the paper suggests that biopolitical societies have a far more extensive history than the one said to have started around the turn of the eighteenth century. (shrink)

One of the most original political thinkers of the Enlightenment, Montesquieu utilized his passionate belief in toleration and the moral benefits of science to construct a naturalistic system of political science based on the study of history, comparative government, and human behavior. This volume reveals Montesquieu's purpose by exploring the range of his literary output, focusing on his scandalous novel, The Persian Letters (1721), his philosophical history, Considerations on the Greatness and Decline of the Romans (1734), and his (...) magnum opus, The Spirit of the Laws (1748). (shrink)

The book reconstructs the history of Western ethics. The approach chosen focuses the endless dialectic of moral codes, or different kinds of ethos, moral doctrines that are preached in order to bring about a reform of existing ethos, and ethical theories that have taken shape in the context of controversies about the ethos and moral doctrines as means of justifying or reforming moral doctrines. Such dialectic is what is meant here by the phrase ‘moral traditions’, taken as a name for (...) threads of moral discourse, made in turn of other interwoven threads, including transmission of shared codes, appeals to reform of prevailing custom, rational argument about the justification of some precept on the basis of some shared general teaching or principle, and rational argument about the ultimate basis for principles and justification of authoritative teaching. That is, the approach adopted to the reading of ethical texts depends on a firm belief in the fact that philosophers hardly created any ethical doctrine out of nothing. The main point this book tries to highlight is how different philosophical theories emerged and followed each other as a result of attempts at accounting for what was going on in the world of moral traditions. Changes were propelled by controversies between different schools, and highly abstract arguments were the unintended effects of moves made by controversialists forced to transform (and occasionally to turn upside down) their own doctrines in order to face the challenge posed by other arguments. This is the reason why the book examines not only texts that already enjoy pride of place in the history of philosophy (Aristotle, Kant, Hegel), but also other texts usually treated in the histories of religions (the Bible, the Talmud, the Quran), and others considered to be much less philosophical (Plutarchus, Pufendorf). -/- 1. Plato and a response to ethical scepticism. Two different traditions of morality in VI-V century Greece are described. The birth of philosophical questioning of traditional morality and temporal and spatial variation of custom is described within the context of the v century crisis, the demise of traditional aristocratic and tyrannical rule and the birth of democracy. Two conflicting answers to the challenge are reconstructed, namely conventionalist or immoralist theories formulated by the Sophists and the eudemonist and intellectualist Socratic theory. Plato’s own reformulation of Socrates answer to the Sophists is reconstructed. His psychological views, his classification of the four cardinal virtues and his political theory are described as parts of a unitary system, culminating in an extremely realist moral ontology identifying the idea of the good with the essence of the (moral and extra-moral) world itself. -/- 2. Aristotle and the invention of practical philosophy. Aristotle’s invention of practical philosophy as a field separated from first philosophy is shown to be an implication of his break with Plato moral ultra-realism. Aristotle’s agenda in his moral works is arguably dependent on a polemical intention, namely dismantling Socratic intellectualism. The semi-inductive or virtuously circular method of practical philosophy is illustrated, starting with the received opinions of the better and wiser individuals and trying dialectically to sift what is left of mistake and inconsistence in such opinions, finally trying to correct mistakes and make the overall practical science more consistent. The chapter illustrates then the relationship of individual ethics, or ‘monastics’, with the art and the science of the pater familias, or ‘economics’, and the science of the ruler and citizen, or politics. The nature of virtues, or better, excellences of character, is discussed, highlighting the basic role of hexis, or ‘disposition’. Prudence, or better practical wisdom, is the focus of the chapter. Its relationship with bouleusis or deliberation is examined, and its autonomous status vis-à-vis theoretical knowledge is stressed. -/- 3. Diogenes and philosophy as a way of life. The chapter provides an overview of Hellenistic ethics, which almost amounts to Hellenistic schools of philosophy, in so far as ‘philosophy’ became in these centuries primarily the name for a way of life. The typical character of the Cynical movement is highlighted, that of a school of life, not a school aimed at providing any kind of intellectual training was to be provided. -/- 4. Epicurus and ethics as self-care. The peculiar character of the Epicurean school is described, a combination of a science of well-being aiming, more than at pleasure as in the popular view, at reduction of useless suffering, of unnecessary needs, and at a balanced selection of pleasures of the best and most durable kind. -/- 5. Epictetus and ethics as therapy of the passions. The various phases of Stoicism are described, and the shifting place given to ethics in the Stoic system of idea, culminating in the paradoxical view of ethics, its impossibility in principle notwithstanding, as the only truly significant and necessary part of philosophy. Cicero is treated, showing how his own synthesis of various Hellenistic trends is as a truly philosophical enterprise, deserving serious consideration after one or two centuries when he was confined to the role of literate. Epictetus is chosen as the best example of what the Stoic tradition could yield, an art of living based on sophisticated introspection, in turn aimed at making a kind of cognitive therapy possible, dismantling obnoxious passions at their root by systematically correcting false representations. -/- 6. Philo and the reconciliation of Torah and Platonism. A reconstruction of basic ideas from a few books of the Hebrew Bible is provided, starting with the Prophetic tradition and the focus on God’s mercy as the source of motivation and standard for human behaviour. Then a comparative analysis is undertaken of a parallel tradition, namely the three codifications of the Torā (Law or, better, Instruction), highlighting how a core of moral ideas may be recognized as a basis and preamble of codification of civil law, cultural practice, and regulation of ritual purity. The importance of Leviticus is stressed as the turning point when emphasis mercy, typical of the Prophetic tradition, is combined with the legal tradition, yielding the change in sensibility of the Second Temple time. Philo of Alexandria is described as one of the three leading figures – together with Rabbi Hillel and Rabbi Yeshua – at the apex the emergence of the mentioned new sensibility, gradually including mercy as an essential part of justice and establishing the starting point of both the Rabbinic and the Christian tradition. This consists precisely in the precept of one’s neighbour’s love or of the golden rule, two eventually identical precepts whose meaning is arguably more sober and sensible than the long-lasting Christian tradition deriving from John and Augustine has made us believe and no novelty vis-à-vis so-called Ancient-Testament teachings. -/- 7. Augustine and Christianity as Neo-Platonism. The first section examines the moral doctrines of so-called 'ethical Treaties' from the Talmud, a group of treaties, among which the best known is Pirqé Avot, that were left out of the six "orders" of the canon as they did not fit in any of the six groups of issues ritual or legal on which the division was based. According to Maimonides, their peculiar theme is provided by the Deòt, 'opinions', i.e., mental dispositions, that is, the translation of the Greek term hexeis and Arab akhlak (in turn providing in this language the name for ethics as such). The three topics I reconstruct are: i) the notion of Torah: The Torah is understood as the world order itself, or as the ‘Wisdom’ that existed even before creation and was ‘the tool by which the world was built’; however, the Torah is an earthly and human entity, as it was "received" by humans, and from that very moment belongs to them; ii) the relationship between love of God and love of neighbour; the treaties require us to study and practice the Torah ‘for its own sake’, that is, require us to act out of love, not out of fear or hope of reward; iii) the idea of sanctification of daily life: having disappeared with the destruction of the Temple the possibility of any conflict between liturgical service and everyday life, the latter is assumed to be in itself divine service: to give food to the poor has the same value as sacrifices in the Temple, and as an implication, the insistence become recurrent on the goodness of created things in themselves along with a polemic against ascetic currents. The conclusions drawn are: i) the moral teachings of the Talmud and those of Yeshua are, rather than similar, virtually identical; one may safely say that the precept of love and the golden rule are central ones for all Talmudic rabbis, that mercy plays an indispensable role alongside with justice, and the latter is not a different thing from one’s neighbour’s love; ii) a peculiarity of Talmud rabbis facing Yeshua is the idea of study as worship, and knowledge as a source of justice; but this is an idea of Judaism after the Temple's destruction that cannot be attributed to the Pharisees of Yeshua’s time; iii) the relation of study and practice in the Talmud parallels that between faith and deeds in Paul's epistles, that is, respectively faith or learning are a necessary and sufficient condition to be recognized as righteous , but deeds are the inevitable effect of either faith or learning. The sayings ascribed to Yeshua are examined first, yielding the conclusion that a close equivalent may be found for every saying in Talmudic literature and yet the whole is ascribed to one rabbi, with rather consistent stress on God’s mercy and unconditional forgiving as the mark of true imitation of God. Thus, Yeshua’s teaching is pure Judaism. The third section describes briefly the galaxy of Gnostic currents and Manichaeism, trying to sketch the profile of moral teachings resulting from an encounter of Asian spiritual traditions, Hellenistic lore and sparks of teachings from apocalyptic Jewish currents. The last section summarizes the turbulent history of several encounters between Christian currents and Hellenistic philosophical schools. The first one was with late Cynicism. Recent, rather controversial, literature discovered the jargon and a few topics from the Stoic-Cynical popular philosophy in a few books from the New Testament itself. This, far from proving that Rabbi Yeshua had been influenced by cynic preachers, is a proof of the necessity felt by Christian preachers to translate the original ‘Christian’ teaching into a Greek lexicon deeply impregnated with cynic terminology. The second was with Platonism, yielding the mild and temperate moral teaching of Clemens of Alexandria, teaching the sanctity of nature and the human body, the joy of moderate fruition of ‘natural’ kinds of pleasures, and the beauty of the marital life – in short, the opposite of the standard picture of Medieval Christianity. Ambrose of Milan brings about a different kind of synthesis, namely with Middle Platonism, where Stoic themes prevail. The most shocking case is Augustine, where an early Manichean education is overcome in a former phase by a synthesis of Plotinian Neo-Platonism and Christian preaching, yielding a sustained polemic with the Manicheans and rather optimistic views on life and Creation, the body and sexuality, and Hebrew-Judaic tradition not far from Clemens of Alexandria. In a later phase, occasioned by controversy on the opposite front, with such Christian currents as the Pelagians and Donatists, Augustine comes back to heavily anti-Judaic and world-denying ascetic attitudes where is earlier Manichean upbringing seems to emerge again. The tragedy of medieval Christianity will be the later Augustine’s overwhelming influence. A final section is dedicated to the monastic tradition where a curious mixture of world-denying asceticism with an astonishingly penetrating ‘science’ of introspection emerges. -/- 8. Al Farabi and the reconciliation of Islam and Platonism. The Qurān and the qadit, that is, collections of sayings ascribed to the prophet Muhammad contain a wealth of precepts and catalogues of virtues mirroring moral contents from the Jewish and the Christian traditions, among them the basic notion of imitation of the Deity, where mercy is assumed to be its basic trait. An important tradition within Islam, namely Sufism, stressed to the utmost degree the role of mercy, turning Islam into a mystic doctrine centred on retreat from the world, abandonment to God’s will, and a peaceful and fraternal attitude to our fellow-beings. A secular literary tradition originating in the Sassanid Empire, the literature of advice to the Prince had for a time a widespread influence in the newly constituted Arabic-Islamic commonwealth. In a later phase, the legacy of Hellenic philosophy made its way into the intellectual elite of the Islamic world. The first important legacy was Platonic, and the Republic became the main text for Islamic Platonism. Al-Farabi wrote an enjoyable remake of the Platonic Republic, arguing that the citizen’s virtues were the basis on which the political building needs to rest. The secular lawgiver is enlightened by the light of reason in his everyday practice of governance, but room is made for the Prophet as the voice of revealed truth that confirms and completes the rational truth that philosophy may afford. In a second phase also Aristotelian and Stoic influence were assimilated. Miskawayh’s treatise was the masterwork at the time Arabic philosophy reached its Zenith. It is a treatment of the soul’s diseases and their remedies, combining the Aristotelian doctrine of the golden mean with the Stoic doctrine of the passions and elements of Galenic medicine. Towards the eleventh-twelve centuries a war raged among theologians and philosophers, finally won by the former with disappearance of philosophy as such. The newly established mainstream, yet, was no kind of intolerant fanaticism. It drew from the work of mystic theologian Al-Ghazālī, the best heir of Sufism, teaching a tolerant and peaceful attitude to our fellow-beings and a passive attitude to destiny as an expression of the Divine will. -/- 9. Moshe ben Maimon and the reconciliation of Torah and Aristotelian ethics. The encounter between the Talmudic tradition and Hellenic philosophy had taken place a first time in Alexandria at the time of Philo but the two traditions had parted way again. In fact, the kind of Platonic Judaism founded by Philo survived only within Christianity, in the fourth Gospel and then in writings by Clemens of Alexandria. The Talmudic literature had absorbed just less striking traits from the Hellenic Philosophy, namely an idea of ethics as care of the self and a role for the education of character as propaedeutic to theoretical knowledge. In the Arabic-Islamic world, a second round started when Jewish authors writing in Arabic undertook the task to prove the full compatibility of the tradition deriving from Torah and Platonic philosophy. The culmination of this attempt is provided by Moshe ben Maimon who tried to use Aristotelian ethics as a language into which the teaching from the Pirké Avot could be translated. -/- 10. Thomas Aquinas and the reconciliation of Christian morality and Aristotelian ethics. In the first section the fresh start is described of philosophical ethics in Latin Europe at the turn of the Millennium. In a first phase, Anselm and Peter Abelard built on a Platonic and Augustinian legacy. In this phase. remarkable innovations are introduced, including Abelard’s claim of the obliging character of erring consciousness. In a second phase, the rediscovery of Nicomachean Ethics thanks to Latin translation of Arabic versions gives birth to a new wave of ethical studies, recovering the very idea of Aristotelian practical philosophy, with the potential implication of full legitimization of natural morality, i.e. ethics without Revelation. Aquinas’s ethics is a theological ethics out of which it would be vain to try to extract a self-contained philosophical ethics. His treatment of topics in philosophical ethics, yet, does not boil down to repetition of Aristotelian arguments but is rather a creative reshaping of such arguments. For example, he introduces also in the practical philosophy a first principle parallel to the principle of non-contradiction; and he also carries out a synthesis of Aristotelianism, Stoicism, and neo-Platonism. Even though it is essentially moral theology, Aquinas’s doctrine - unlike Augustine – grants full citizenship to "natural" morality, firstly by rejecting the claim that the corruption of human nature due to the original sin is so radical as to leave "pure nature" incapable of moral goodness. The doctrine is presented in a more sophisticated formulation in a few of the Quaestiones, such as De Malo and De Veritate, in the Summa contra Gentes and in the commentaries to Aristotle than in the famous Summa Theologica, but the latter work includes the only or the largest exposition of some decisive part of the theory. Thus, the Summa Theologica should be read for what it is more than criticized for not being what it was not meant to be. It was not meant to be the brilliant synthesis of all that Reason he had been able to produce with what Revelation had added about which the Neo-Thomists used to dream, but rather a manual for the training of preachers and confessors, where theoretical claims are not too demanding and a few serious tensions are left. Besides a jump between the Prima Secundae and the Secunda Secundae, being the former an essay in virtue theory and the latter a handbook for confessors, the most serious tension is perhaps the one between the ethics of right reason presented in most of Ia-IIae and the eudemonistic ethics developed in quaestiones 1-5 of the same part; the alternative ethical theory which also may be found in Augustine, the Stoic view of a cosmic reason eventually coincident with the moral law, was believed by Anselm (followed by John Duns Scotus and William of Ockham) to be incompatible with eudemonism. It is questionable whether Thomas could reduce the tension proving that it is just an apparent tension, in so far as the right reason and bliss derived from knowledge of God tend to coincide, but this is just a conjecture. Thomas’s ethics is a virtue ethic, not a law-based one, and moral judgment focuses on the virtues, particularly charity, not on the commandments and even less on absolute prohibitions; Thomas, however, would not have considered a drastic alternative between law and the virtues such as the one which has been advanced in late twentieth-century philosophy to be justified. Nonetheless, when it discusses ‘special’ virtues, it ceases to be an ethics of virtue and becomes a disappointing and often contradictory discussion of legal and illegal acts. Such a discussion takes most of the time ‘reasonable’ middle positions on controversial issues but not the alternative approach that Aristotelianism would have made possible; even when some occasional Aristotelian claim shows up, such as money’s barrenness as a reason against usury, this seems to be made by an author who apparently ignores the Aristotelian Thomas of the Prima Secundae. It is an ethic of human autonomy which recognizes the binding character of the individual conscience and, potentially, even a duty to disobey unjust laws. It is true that what Thomas writes in his discussion of death penalty and persecution of heretics is simply disgusting, and yet we should blame Thomas the man, not Thomist ethical theory. Finally, Thomas’s ethics is not ethical ‘absolutism’, as both traditionalist Catholic theologians and secularist enemies of dogmatic morality tend to believe. It is instead an ethic of prudential judgment. Exceptions to this approach – or better results of logical fallacies – are such claims as the absolute character of negative precepts and of the existence of "intrinsically evil acts", claims that simply cease to make sense in the light of Thomas’s own distinction between human act and natural act, carrying consequences Thomas did not live long enough to draw or was not consistent enough to dare to draw. -/- 11. Francisco de Vitoria and casuistry. The first topic illustrated is the discussion about the notion of pura natura, namely the human condition after the original sin and before divine revelation. The core notion was already there in Aquinas but was later developed by Caietanus (Thomas de Vio) with a number of interesting implications: firstly a view of human nature as such much more positive than Augustine’s and his followers’ view, including both Calvinists and Jansenists; secondly, the implication that the philosopher’s morality, as opposed to the Christian’s morality, is a quite respectable kind of morality; thirdly, that theocracy and prosecution of the unfaithful lacked justification, with more far-fetching consequences than Aquinas himself had dared to draw. The second topic is casuistry, a new name for a comparatively older way of thinking, which was already there in late Stoicism and Cicero as well as in the Talmudic literature. This is an approach aimed at yielding probable enough solutions for doubtful cases even in absence of completely safe staring points. The genre developed from medieval reference books for confessors and became by the sixteenth-century a sophisticated tool-box for dealing with various fields of applied ethics. Francisco Vitoria, the main authority of Baroque Scholasticism, was a controversial figure, among the proponents of the new discipline of casuistry and a consistent proponent of more separation between the religious and the civil authority, stricter limits to the legitimacy of war, innate rights of non-Christian nations in the New World based on the notion of pura natura, providing a standard of ‘natural’ goodness, previous to revelation, on which the Indian nations were judged to live in a naturally good condition, provided with the institutions of family, justice, and religion had accordingly a right to full respect by Christian sovereigns. Bartolomé de Las Casas, arguing along similar lines, was the leader of a historical battle in defence of the rights of the Indios. -/- 12. Michel de Montaigne and the art of living. A short description of one of the Renaissance Phyrronism, one of the classical philosophies revived in the fifteenth and sixteenth century. Montaigne combines the sceptical epistemology with an understanding of ethics – indeed of philosophy as a whole – in terms of an art of living inspired by two basic ideas, sagesse, that is, practical wisdom as the only kind of rationality available after theology, science, and tradition have declared bankrupt, and an aesthetic ideal of self-transformation through the art of writing and introspection. -/- 13. Pierre Nicole and neo-Augustinianism. The chapter illustrates first the vicissitudes of Augustinianism newly born after the late medieval triumph of Thomist Aristotelianism in the alternative Protestant and Catholic versions processed by the Calvinists and the Jansenists. Then it illustrates the doctrines of Pierre Nicole, Blaise Pascal’s best disciple, on the impossibility of introspection, on the ubiquity of self-deception, on the incurably evil character of the passion of love, and on the two moralities, the one of the man of the world, the morality of honesty which is indispensable for granting peace and order but devoid of any true value for eternal salvation, since the same external behaviour may be prompted by opposite motivations, and the morality of charity, the only true one but also useless to society. The third topic is Pierre Malebranche’s view of self-deception as a ubiquitous phenomenon accounting for human action and responsibility and his reformulated theory of self-love, no less ubiquitous than for Nicole and yet not as incurably evil, given the distinction between morally indifferent and even necessary amour de soi and vicious amour proper, a distinction on which the whole of Rousseau’s moral and political theory rests. -/- 14. Samuel von Pufendorf and the new science of morality. The chapter is dedicated to the discovery of the idea of a ‘new moral science’. Hugo Grotius is discussed first highlighting the real character of his project, much closer to the Thomist idea of a natural law accessible to non-corrupted human reason when human beings are living in a state of pura natura. Then Hobbes’s combination of scepticism, voluntarism, and conventionalism is described and both the continuity with Grotius’s new science, in the search for non-revealed rational morality, and the break with him, in the adoption of voluntarism and refusal of an intellectualist view of natural law, are illustrated. Pufendorf’s work is illustrated as a synthesis of the two previous attempts and the – up to Schneewind underestimated – paradigmatic example of the new science of morality. -/- 15. Richard Cumberland and consequentialist voluntarism. The chapter gives an overview of eighteenth-century Anglican ethics, noticing how the Cambridge tradition gave special weight to natural theology as opposed to positive or revealed theology – and how two Cambridge fellows, John Gay and Thomas Brown, elaborated on Cumberland’s (and Malebranche’s, as well as Leibniz’s) strategy for finding a third way between intellectualist view and voluntarist view of the laws of nature. The result of their elaboration was a kind of a rational-choice account of the origins of natural laws, where a law-giver God chooses among a number possible sets of laws on a maximizing criterion, and God’s maximandum is happiness for his creatures. The chapter notices also how such a solution aimed at solving at once the problem of evil and that of the foundation of moral obligation by proving how God’s choice was justified as far as it was the one minimising the amount of suffering in the world. 16. Richard Price and intuitionism. The chapter describes first the doctrines of the Cambridge Platonists, an example of hyper-rationalist reaction to Calvinism. Secondly it describes the sophisticated and universally ignored – from Sidgwick to Anscombe –version of what was later labelled ‘ethical intuitionism’ – showing how it escapes familiar objections and misrepresentations of intuitionism – from Mill to Rawls – in grounding its argument on transcendental arguments while carefully avoiding recourse to introspection and psychological evidence, which has been taken as a too easy target by critics of intuitionism. Thirdly, the chapter discusses Whewell’s ‘philosophy of morality’, as opposed to ‘systematic morality’, not unlike Kant’s distinction between a pure and an empirical moral philosophy. Whewell worked out a systematization of traditional normative ethics as a first step before its rational justification; he believed that the point in the philosophy of morality is justifying a few rational truths about the structure of morality such as to rule hedonism, eudemonism, and consequentialism; yet a system of positive morality cannot be derived solely from such rational truths but requires consideration of the ongoing dialectics between idea and fact in historically given moralities. Whewell’s intuitionism turns out closer to Kantian ethics than commentators have made us believe until now, and quite different from what Sidgwick meant by intuitionism. -/- 17. Adam Smith and the morality of role-switch. The chapter describes first, Hutcheson’s attempt at basing the ‘new science’ of natural law on different bedrock than Pufendorf and the English Platonists, namely a moral sense, a faculty whose existence is assumed to be proved on an empirical basis. The second step is a reconstruction of Hume’s rejoinder in terms of a new science of man including morality on an ‘experimental’ basis, that is, a ‘Newtonian’ hypothetical-deductive approach, distinguished from Hutcheson’s allegedly uncritical descriptive approach to human nature. The third step is a reconstruction of Adam Smith theory of morality understood as emerging from a spontaneous interplay of exchanges of situations (the most basic meaning of the word ‘sympathy’ as construed by this author). -/- 18. Jeremy Bentham and utilitarianism. The bulk of the chapter is dedicated to the doctrines of Jeremy Bentham. The Enlightenment spirit that suggested the idea of a new morality, free from religion, is illustrated. The notion of utility is illustrated as well as the subsequent formulations of the principle of utility. The idea of felicific calculus is discussed, showing how its inner difficulties prompted several reformulations of the principle of utility in order to avoid undesirable implications of proposed formulations. The role of the thesis of spontaneous convergence between interest and duty is discussed, showing how it left numberless questions open, and the distinction between the virtues of prudence, justice and beneficence is described as a way out of the deadlocks of classical utilitarianism. After Bentham, Mill’s reformed utilitarianism is reconstructed, showing how it is a kind of mixed system – as closer to common sense as it gives up Bentham’s claims to consistency and simplicity – resulting as unintended consequences from the controversies in which Mill was too keen to engage. The hidden agenda of the controversy between Utilitarianism and Intuitionism, going beyond the image of the battle between Prejudice and Reason, is described, showing how both competing philosophical outlooks turn out to be more research programs than self-contained doctrinal bodies, and such programs appear to be implemented, and indeed radically transformed while in progress thanks to their enemies no less than to their supporters. -/- 19. Immanuel Kant, practical reason and judgment. The chapter argues that Kant took from Moses Mendelssohn the idea of a distinction between geometry of morals and a practical ethic. He was drastically misunderstood by his followers precisely on this point. He had learned from the sceptics and the Jansenists the lesson that men are prompted to act by deceptive ends, and he was aware that human actions are also empirical phenomena, where laws like the laws of Nature may be detected. His practical ethics made room for judgment as a holistic procedure for assessing the saliency of relevant moral qualities in one given situation; this procedure yields the same results as the geometry of morals does for abstract cases but does so immediately and without balancing conflicting duties with each other, since what makes for the salient quality of a situation is perceived from the very beginning. Kant's practical philosophy is richer than the received image, making room for an ‘empirical moral philosophy’ or moral anthropology including treatment of commerce, needs, value and price, happiness and well-being; the overall social theory and philosophy of history is less different from Adam Smith's than the received image makes believe; the paradox of happiness is central to Kant's philosophy; a distinction between happiness and well-being is clearly drawn; the distinction plays a basic role in establishing a link between the economic and the moral life. -/- 20. Georg Wilhelm Friedrich Hegel and the critique of abstract universalism. The chapter describes first the Romantic movement and the implications some of its concerns, rescuing passions, community, tradition, the individual as the bearer of a unique destiny, and the longing for organic unity between the individual, mankind and nature. Hegel’s contribution is discussed then, highlighting how, on the one hand, he shared a number of these concerns and on the other he had more rationalist leanings. The notion of morality is the pivotal point of the reconstruction, highlighting how Hegel construes this notion as a key to his own diagnosis of the malaise of modernity – the separation of individual and Gemeinschaft – and how his attack on Kant turns around this very idea. -/- 21. Friedrich Nietzsche against Christianity and the Enlightenment. The chapter illustrates first the idea of deconstruction of the back-world of values. Nietzsche claims to be legitimate heir of the French moralists, Leibniz, Kant and Hegel, in so far as he allegedly carries out to its deepest implications their discovery of what lies behind traditional naïve belief in the existence of an objective realm of values just waiting for description by the philosopher. The two exemplars form which genealogy draws inspiration are the classical philologist’s historical reconstructions of lost meanings and the chemist’s decomposition of elements. Then the genealogy of the notions of good and evil carried out in the first dissertation of Genealogy of morals is illustrated with its paradoxical conclusion that will to power is in fact the only ‘genuine’ kind of goodness. The third point illustrated is the dialectic of ascetism and self-realization with its ambiguous outcome. The suggested interpretation of such outcome is that Nietzsche’s normative ethics is a kind of virtue ethics taking an aesthetic ideal as a normative standard -/- 22. George Edward Moore and ideal utilitarianism. The chapter discusses the ideas of common sense and common-sense morality in Sidgwick. I argue that, far from aiming at overcoming common-sense morality, Sidgwick aimed purposely at grounding a consist code of morality by methods allegedly taken from the natural sciences to reach, also in ethics, the same kind of “mature” knowledge as in the natural sciences. His whole polemics with intuitionism was vitiated by the a priori assumption that the widespread ethos of the educated part of humankind, not the theories of the intuitionist philosophers, was what was worth considering as the expression of intuitionist ethics. In spite of a naïve positivist starting-point, Sidgwick was encouraged by his own approach in exploring the fruitfulness of coherentist methods for normative ethics. Thus, Sidgwick left an ambivalent legacy to twentieth-century ethics: the dogmatic idea of a “new” morality of a consequentialist kind, and the fruitful idea that we can argue rationally in normative ethics albeit without shared foundations. Then it reconstructs the background of ideas, concerns and intentions out of which Moore’s early essays, the preliminary version, and then the final version of Principia Ethica originated. I stress the role of religious concerns, as well as that of the Idealist legacy. I argue that PE is more a patchwork of rather diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. I add a comparison with Rashdall’s almost contemporary ethical work, suggesting that the latter defends the same general claims in a different way, one that manages to pave decisive objections in a more plausible way. I end by suggesting that the emergence of Analytic Ethics was a more ambiguous phenomenon than the received view would make us believe, and that the wheat (or some other gluten-free grain) of this tradition, that is, what logic can do for philosophy, should be separated from the chaff, that is, the confused and mutually incompatible legacies of Utilitarianism and Idealism. -/- 23. Edmund Husserl and the a-priori of action. The chapter illustrates first the idea of phenomenology and the Husserl’s project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the a priori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy carried out in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach’s theory of social acts as a key the grounding of norms, a view that basically sketches the very ideas ‘discovered’ later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section is dedicated to Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of ‘values’ – with surprising affinities with George E. Moore - than philosophers such as Max Scheler who claimed to Husserl’s legitimate heirs. -/- 24. Bertrand Russell and non-cognitivism. The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of ‘good’, its non-cognitive meaning, in a first phase identified with ‘emotive’ meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell’s ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of a rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson’s theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. Last of all, the discussion from the Forties about Hume’s law is described, mentioning Karl Popper’s argument and Richard Hare’s early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- 25. Elizabeth Anscombe and the revival of virtue ethics. The chapter discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. I argue that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. A short look at further developments in the neo-naturalist current is given trough a reconstruction of Philippa Foot’s and Peter Geach’s critiques to the naturalist-fallacy argument and Alasdair MacIntyre’s grand reconstruction of the origins and allegedly unavoidable failure of the Enlightenment project of an autonomous ethic. -/- 26. Richard Hare and neo-Utilitarianism. The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick’s and Moore’s fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine definitely refuted. A glimpse at this uproarious process is given through two examples. The first is Roy Harrod Wittgensteinian transformation of Utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This results in preference utilitarianism combined with a ‘Kantian’ version of rule utilitarianism. The second is Richard Hare’s two-level preference utilitarianism where act utilitarianism plays the function of eventual rational justification of moral judgments and rule-utilitarianism that of action-guiding practical device. -/- 27. Hans-Georg Gadamer and rehabilitation of practical philosophy. The post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named ‘Rehabilitation of practical philosophy’ is described. Among the actors of such rehabilitation there were a few of Heidegger’s most brilliant disciples, and Hans-Georg Gadamer is chosen as a paradigmatic example. His reading of Aristotle’s lesson I reconstructed, starting with Heidegger’s lesson but then subtly subverting its outcome thanks to the recovery of the central role of the notion of phronesis. -/- 28. Karl-Otto Apel and the revival of Kantian ethics. Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This started, instead than the rehabilitation of prudence, with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. An examination of his argument is some detail is offered, followed by a more cursory reconstruction of Jürgen Habermas’s elaboration on Apel’s theory. -/- 29. John Rawls and public ethics as applied ethics. Rawls’s distinction between a “political” and a “metaphysical” approach to one central part of ethical theory, namely the theory of justice, is interpreted as a formulation of the same basic idea at the root of both the principles approach and neo-casuistry, both discussed in the following chapter, namely that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls’ view never will be close – on the basic criteria for judgment. -/- 30. Beauchamp and Childress and bioethics as applied ethics. The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin’s new casuistry. -/- . (shrink)

We often talk loosely of the “tyranny of the majority” as a threat to the workings of democracy. But, in ancient Greece, the analogy of demos and tyrant was no mere metaphor, nor a simple reflection of elite prejudice. Instead, it highlighted an important structural feature of Athenian democracy. Like the tyrant, the Athenian demos was an unaccountable political actor with the power to hold its subordinates to account. And like the tyrant, the demos could be dangerous to counsel since (...) the orator speaking before the assembled demos was accountable for the advice he gave. With Dangerous Counsel, Matthew Landauer analyzes the sometimes ferocious and unpredictable politics of accountability in ancient Greece and offers novel readings of ancient history, philosophy, rhetoric, and drama. In comparing the demos to a tyrant, thinkers such as Herodotus, Plato, Isocrates, and Aristophanes were attempting to work out a theory of the badness of unaccountable power; to understand the basic logic of accountability and why it is difficult to get right; and to explore the ways in which political discourse is profoundly shaped by institutions and power relationships. In the process they created strikingly portable theories of counsel and accountability that traveled across political regime types and remain relevant to our contemporary political dilemmas. (shrink)

What is comparative legal history? This essay argues that to understand this new field of legal-historical studies, we need first to clarify how legal historiography has changed over time. To this purpose, this essay begins from two main ideas. -/- First, the writing of legal history is deeply intertwined with an image of law that tells us what law is, how it is created and by whom. This is, in fact, the premise for writing legal history, as it determines (...) the object of investigation. Second, the decades between 1930 and 1960 saw a profound turn in European legal science. Some legal scholars challenged the legacy received from the 19th century and launched an attack on the ‘formalism’ at the heart of its intellectual framework. -/- Those path-breaking insights gave life to a wave of works self-styled as comparative legal history published in the period 1930–60. At their heart were some of the challenging ideas that have continued to fuel original legal-historical research in the last few decades (e.g. to place law in context, to think outside the doctrinal box, the dislike of abstract theorising) and which today are shared as an obvious truth. They are the fruit of the antiformalist turn of between1930 and 1960. (shrink)

History -- Utopia -- Politics -- Ideology -- Religion.

Shows that the Western tradition of statecraft, long considered the method of tyrants and oligarchs, can steer our thinking about democracy in bold new directions.

John Adams vs Thomas Paine: Rival Plans for the Early Republic by historian Jett B. Conner explores how the two rivals helped shape America's first constitutions--the Articles of Confederation and those of several states-- and how they continued contributing to American political thought as it developed during the so-called "critical period" between the adoption of the Articles of Confederation and the start of the Constitutional Convention of 1787. It also focuses on the creation of our democratic republic and compares Paine's (...) and Adams's approaches to structuring constitutions to ensure free government while guarding against abuses of power and the excesses of democratic majorities. (shrink)

This paper compares criticisms of Singapore’s meritocracy, especially against its impact on income disparities and class divisions, with Michael Sandel’s critique of the meritocratic ethic in the United States. Despite significant differences in their history and politics, meritocracy has similar dysfunctions in both societies, allowing us to draw theoretical conclusions about meritocracy as an ideal of governance. It then contrasts Sandel’s communitarian critique of meritocracy with recent Confucian promotion of political meritocracy and meritocratic justice and argues that the Confucian principle (...) of “promoting the virtuous and talented” is different from the contemporary conception of meritocracy. Textual evidence indicates that a Confucian understanding of “merit” is contrary to the technocratic expertise of contemporary meritocracies. Furthermore, pre-Qin Confucian texts do not support a conception of justice that emphasizes individual desert; they address distributive problems from the perspective of needs and sustaining social relations. The texts also support limiting the reign of merit when it results in inequalities that cause suffering, inhibit personal cultivation of some groups, or undermine social relations. The paper concludes with an assessment of Singapore’s on-going attempts to improve its meritocracy from a Confucian perspective. (shrink)

This book summarizes in a compact volume Runciman’s arguments to comparative sociologists that their discipline belongs under the theoretical umbrella of neo-Darwinian selectionism. In his view, heritable variation and competitive selection govern cultural and social as well as biological evolution. Runciman makes a strong case for the usefulness of selectionism, but two of the theory’s central features are problematic: his choice of units of selection; and the notion that culture can be distinguished from society historically as well as analytically. (...) No one friendly to the basic project would argue against the need for hypotheses about units that undergo selection, but arguments can be made, also on pragmatic grounds, that he has chosen the wrong kinds of units. Runciman’s learning and wisdom show to good effect in the book’s fundamental approach: in the overall human story, the biological, cultural, and social coevolve. The quickly accumulating evidence of evolutionary psychology, anthropology, sociology, and neuroscience strongly supports the hypothesis that there is a biological basis for a great deal of human behavior, and also that sociocultural evolution modifies genes. History, in this way of thinking, is like a “braided stream” of unpredictably mutating, blending, and coevolving biological, cultural, and social processes. The old Darwinian image of branching fails to capture the complexity of evolutionary processes in biology, culture, and society. Runciman outlines a unified bio-social science relying upon information theory. If his program were carried out consistently it would relegate to a non-scientific level the traditional historical narratives about “carriers” or “vehicles.” The scientific-explanatory level would instead feature replicators. Game-theory strategies play a prominent role in the selectionist picture. The emphasis on units of information stored in human brains or in exosomatic brain prostheses pushes neuroscience and information theory to the fore. An argument for the analytic-heuristic value of “memes” and “practices” should be weighed against the value of other hypothetical units undergoing selection in a sociocultural evolutionary approach. (shrink)

Comparative assessments of national bioethics commissions in the United States commonly look at the differences among these groups over their forty‐year history. A particular focus has been differences in the membership, mission, methods, and reports of the President's Council on Bioethics, which was active from 2001 until 2009, compared to those of its predecessors and the recent Presidential Commission for the Study of Bioethical Issues, active from 2009 until 2016. The differences are real, but disproportionate attention to them can (...) obscure the substantial similarities in commissions’ structure and function throughout the history of expert bioethics advice to government. As the Trump administration considers what role, if any, a bioethics commission will play in its work, it would be well served to consider how choices regarding the design of such a group and the topics it examines can best facilitate the unique contributions it can make to the government and to the country. (shrink)

By comparing the political systems in different dynasties, this book illustrates the continuous evolution of traditional Chinese political systems, and evaluates the merits and demerits of the political systems in different dynasties. It also provides detailed records of the evolved government organizations, the names and functions of various offices, the titles and responsibilities of officials. The book consists of five chapters, each of which focuses on one of the five dynasties respectively -- Han, Tang, Song, Ming, and Qing, and (...) a concluding summary. Combining historical facts and anecdotes from history to make the discussion straightforward, interesting, and easy to understand, this is an ideal book for anyone interested in the history of China, particularly its traditional political systems. (shrink)

Jared Diamond and other leading scholars have argued that the domestication of animals for food, labor, and tools of war has advanced the development of human society. But by comparing practices of animal exploitation for food and resources in different societies over time, David A. Nibert reaches a strikingly different conclusion. He finds in the domestication of animals, which he renames "domesecration," a perversion of human ethics, the development of large-scale acts of violence, disastrous patterns of destruction, and growth-curbing epidemics (...) of infectious disease. Nibert centers his study on nomadic pastoralism and the development of commercial ranching, a practice that has been largely controlled by elite groups and expanded with the rise of capitalism. Beginning with the pastoral societies of the Eurasian steppe and continuing through to the exportation of Western, meat-centered eating habits throughout today's world, Nibert connects the domesecration of animals to violence, invasion, extermination, displacement, enslavement, repression, pandemic chronic disease, and hunger. In his view, conquest and subjugation were the results of the need to appropriate land and water to maintain large groups of animals, and the gross amassing of military power has its roots in the economic benefits of the exploitation, exchange, and sale of animals. Deadly zoonotic diseases, Nibert shows, have accompanied violent developments throughout history, laying waste to whole cities, societies, and civilizations. His most powerful insight situates the domesecration of animals as a precondition for the oppression of human populations, particularly indigenous peoples, an injustice impossible to rectify while the material interests of the elite are inextricably linked to the exploitation of animals. Nibert links domesecration to some of the most critical issues facing the world today, including the depletion of fresh water, topsoil, and oil reserves; global warming; and world hunger, and he reviews the U.S. government's military response to the inevitable crises of an overheated, hungry, resource-depleted world. Most animal-advocacy campaigns reinforce current oppressive practices, Nibert argues. Instead, he suggests reforms that challenge the legitimacy of both domesecration and capitalism. (shrink)