Beginning with an overview of Galileo's earliest work on free fall, the paper examines the relationship between experiment and theory in his study of motion in the period immediately before and after 1604. The possible role of experiment is assessed in relation to the manuscript evidence and by means of reconstructed experiments.

For over a century, Hegel’s view of war is seen as controversial that results in mutually exclusive interpretations. To reach a proper evaluation of Hegel’s views, it is necessary to consider both Hegel’s initial states of philosophical doctrine about war and peace, and the development of his understanding of war from early works to mature ones. In the first part of the paper, I characterize Kant’s position on war, since it was the starting point for Hegel. Contrary to (...) popular representations about Kant as an exclusive pacifist, the philosopher of Koenigsberg had a philosophical-historical treatment of war, in which the war appeared as something sublime. However, both legal-ethical peace understanding and veto of war from the point of practical reason were not dominant in Kant’s philosophy, subordinating the sublime treatment of war. Kant’s next contemporaries could not already keep this position, emphasizing either one or the other side of war interpretation. Starting from the early writings (the paper “On the Scientific Ways of Treating Natural Law” or manuscripts “System of Ethical Life” and “The German Constitution”), Hegel stresses an ethical aspect of war and its necessity, so that the shield is arranged on the way of systems isolation and individuals atomization, and the unity in its ethical health is saved. Perpetual peace, on the contrary, leads to diseases. The statement about equality of claims and the same truthfulness of warring parties’ rights is the originality of Hegel’s view. It makes absolutely impossible the war evaluation from the point of its justice and injustice. (shrink)

This book delves into Carl Schmitt's early legal works and explores their hermeneutic nature. Drawing on the insights of the giants of existential hermeneutics, such as Heidegger and Gadamer, we illuminate the essence of hermeneutic thought - the existential openness inherent in us as human beings, and then examine its implications for Carl Schmitt's early legal thought. The journey that this text embarks on reveals that the openness inherent in human beings inevitably extends to the legal phenomenon. (...) This realisation exposes two potential pitfalls or flawed appropriations within juridico-hermeneutical activity. First, there's the scientism that restricts law strictly to positive legislation, depriving it of its broader scope. Second, there's what might be called legal romanticism, in which the interpreter, on the basis of whim and subjectivity, dictates what the law means. The book delves into Schmitt's early works, highlighting his awareness of these extremes and the ways in which he addresses them. (shrink)

John Locke's account of natural law, which forms the very basis of his political philosophy, has troubled many critics over time. The two works that shed light on Locke's theory are the early Essays on the Law of Nature and the Second Treatise of Government, published over 20 years later. Many critics have assumed that the early work presents a voluntarist approach to natural law and the second a rationalist approach, but the present analysis in this book (...) shows that Locke's theory is consistent. Both works present a concept of the law of nature that must be placed between voluntarism and rationalism. (Series: Polyptoton. Munster Collection, Academic Writings / Polyptoton. Munsteraner Sammlung Akademischer Schriften - Vol. 3). (shrink)

This two-volume work examines far-reaching debates on the concept of courage from Greek antiquity to the Christian and mediaeval periods, as well as the modern era. Volume 1 explains how competing accounts of epistêmê, rational wisdom, and truth dominated classical antiquity. Early Christian and mediaeval thinkers, in contrast, favoured fortitude founded on faith and fear of God over philosophical reasoning left to its own devices. Volume 2 turns to theories of courage from the early modern period to the (...) present. It shows how the twin laws of polis and physis are at the heart of post-medieval thought. Courage is found at the crossroads of love and dread, freedom and fate, happiness and suffering, as well as power and submission to the ruling order. The later influence of evolutionism, existentialism, and the social and natural sciences on moral philosophy is also addressed at some length. The protection of people's best interests, the passions and powers of the human will, and the rule of active energy in all aspects of life supplant courage formerly viewed through the lens of reason or faith, or a combination of the two. These new ideas, paradoxically, herald the end of the ethics of courage. They also undermine the courage of ethical thinking. Courage is no longer an end in itself, nor is it a means to happiness "at the end." Regardless of what Gandhi, Tillich, and Foucault have to say about the topic, late modernity and the global age witness a marked loss of interest in courage as an idea worthy of conceptual investigation. Debates about the moral implications of courage give way to the value-free science of resilience, which studies how people can recover from past trauma and find wellness, primarily in the realm of physis. (shrink)

Which works and tenets of early modern natural law reached East-Central Europe, and how? How was it received, what influence did it have? And how did theorists and users of natural law in East- Central Europe enrich the pan-European discourse? This volume is pioneering in two ways; it draws the east of the Empire and its borderlands into the study of natural law, and it adds natural law to the practical discourse of this region. Drawing on a large (...) amount of previously neglected printed or handwritten sources, the authors highlight the impact that Grotius, Pufendorf, Heineccius and others exerted on the teaching of politics and moral philosophy as well as on policies regarding public law, codification praxis, or religious toleration. Contributors are: Péter Balázs, Ivo Cerman, Karin Friedrich, Gábor Gángó, Anna Grześkowiak-Krwawicz, Knud Haakonssen, Steffen Huber, Borbála Lovas, Martin P. Schennach, and József Simon. (shrink)

Jacques Derrida offers his recent commentary on the early career of Paul de Man as an urgent intervention in a discussion he fears is going awry. The most pressing danger he sees in the recent revelations is that they have played into the hands of de Man’s antagonists, who are now ready to denounce the whole of his career and even deconstruction itself. Against such indiscriminate critiques Derrida hurls the epithet: totalitarian. He is attempting to reseize the initiative in (...) the discussion and to reset the terms of the debate. His agenda extends across historical, theoretical, and political questions.He wants to affirm that a radical, indeed absolute break separates the later from the earlier de Man. He also wants to show that the young de man, however firmly committed to fascist ideology and however much an accomplice of the Nazis occupying Belgium, at the same time regularly distanced himself from that ideology and even undermined its meanings. Moreover, Derrida boldly takes up the challenge that these revelations have cast on the intellectual movement he and de Man have shaped. Can deconstruction come to grips with the political and intellectual history of its own leading American proponent? And can deconstruction in the process make a distinctive contribution to the understanding of fascism and intellectuals’ participation in it? John Brenkman is associate professor of English at Northwestern University. He is the author of Culture and Domination . Jules David Law is assistant professor of English at Northwestern University. He is currently working on a book-length study of the metaphors of surface, depth, and reflection in eighteenth- and nineteenth-century British prose. (shrink)

The study of natural law theories is presently one of the most fruitful areas of research in the studies of early modern intellectual history, and moral and political theory. Likewise the historical significance of the Enlightenment for the development of `modernisation' in many different forms continues to be the subject of controversy. This collection therefore offers a timely opportunity to re-examine both the coherence of the concept of an `early Enlightenment', and the specific contribution of natural law theories (...) to its formation. The works of major thinkers such as Grotius, Hobbes, Locke, Malebranche, Pufendorf and Thomasius are reassessed, and the appeal and importance of the discourse of natural jurisprudence both to those working inside conventional educational and political structures and to those outside - such as in the Huguenot diaspora - is evaluated. This volume will therefore be of importance to all those readers concerned to study the character of the debates in the period 1650-1750 surrounding moral and political agency, sovereignty and obligation, and the legitimation of religious toleration in the divergent states and patriotic contexts of Europe. (shrink)

My dissertation comprises three inter-related chapters, all of which explore the nature of work law and critically analyze the prevailing emphasis on matters of contract. The Escape Plans of Mill and Jefferson: I discuss these thinkers’ unsuccessful “escape plans” to minimize wage work. Mill advocated cooperative, worker-owned firms, while Jefferson favored farming the vast American frontier. I explore whether, if realized, either proposal would have satisfied the demands of justice. I argue that such proposals are normatively deficient because they lead (...) us mistakenly to assume that so long as the law provides alternatives to wage labor, it can justly leave work relationships in an unregulated, Dickensian state. In reply, I contend that we have no just alternative to engaging in the messy and difficult task of regulating the workplace. Revising the Roles of Master and Servant: I critically examine the claim that work law is best understood as part of contract law, arguing that this view is neither descriptively nor normatively instructive. Rather than understanding work law as a set of restraints on freedom of contract, we should see it as creating and defining special relationships, much like the codified definitions of marriages and corporations. I trace the development of work relationships through the common law of “master and servant” and more recent statutory modifications. I argue that the history and present form of work law are not consistent with the contract-centered view of work law as “interfering” with an otherwise free labor market. Competing Ideologies and the End of the Lochner Era: I examine Howard Gillman’s critique of the view that early-20th Century Supreme Court Justices sought to advance policy preferences rather than interpret the law. Gillman reconstructs the legal basis for their decisions, thus undermining the claim that they merely pursued laissez faire policies. However, Gillman then claims that the Justices who overruled liberty-of-contract in West Coast Hotel had no principled basis for their decisions. In response, I argue that West Coast Hotel was not only based on a plausible interpretation of constitutional law, but also the best outcome with respect to justice. (shrink)

This article reviews the little examined early work of the Greek Marxist and state theorist, Nicos Poulantzas (1936–1979). In his first book, Nature du choses et droit of 1965, the young scholar developed a sociology of law culled from the insights of philosophical ontology. The article sets out the central claims of that book and reflects on its place in Poulantzas's intellectual development. Drawing on Heidegger, Sartre and Marx, Poulantzas proposed a species of Natural Law theory that unified ‘facts’ (...) and ‘values’ by grounding legal concepts in a theory of social praxis centred on material labour. Legal categories were thus irreducible to ahistorical essences but were, rather, expressions of mankind's struggle to realize its intrinsic freedom. As we shall see, although flawed and in key respects radically at odds with his later anti-humanism, Poulantzas's legal ontology nevertheless anticipated his mature theory of the state by setting out a philosophical sociology of the political order rooted in an anti-essentialist mode of inquiry. (shrink)

Thomas Hobbes (1588-1679) was an English philosopher, remembered today for his work on political philosophy. His 1651 book Leviathan established the foundation for most of Western political philosophy from the perspective of social contract theory. He also contributed to a diverse array of fields, including history, geometry, physics of gases, theology, ethics, general philosophy, and political science. He was one of the main philosophers who founded materialism. He visited Florence in 1636 and later was a regular debater in philosophic groups (...) in Paris, held together by Marin Mersenne. Hobbes's first area of study was an interest in the physical doctrine of motion and physical momentum. Despite his interest in this phenomenon, he disdained experimental work as in physics. He built a good reputation in philosophic circles and in 1645, he was chosen with Descartes, Gilles de Roberval and others, to referee the controversy between John Pell and Longomontanus over the problem of squaring the circle. His other works include: The Elements of Law Natural and Politic (1640) and De Cive (The Citizen): Philosophical Rudiments Concerning Government and Society (1651). (shrink)

Interiority and Law presents a groundbreaking reassessment of a medieval Jewish classic, Baḥya ibn Paquda's Guide to the Duties of the Hearts. Michaelis reads this work anew as a revolutionary intervention in Jewish law, or halakha. Overturning perceptions of Baḥya as the shaper of an ethical-religious form of life that exceeds halakha, Michaelis offers a pioneering historical and conceptual analysis of the category of "inner commandments" developed by Baḥya. Interiority and Law reveals that Baḥya's main effort revolved around establishing a (...) new legal formation - namely, the "duties of the hearts" - which would deal entirely with human interiority. Michaelis takes up the implications of Baḥya's radical innovation, examining his unique mystical model of proximity to God, which he based on an increasingly growing fulfillment of the inner commandments. With an integrative approach that puts Baḥya in dialogue with other medieval Muslim and Jewish religious thinkers, this work offers a fresh perspective on our understanding of the interconnectedness of the dynamic, neighboring religious traditions of Judaism and Islam. Contributing to conversations in the history of religion, Jewish studies, and medieval studies on interiority and mysticism, this book reveals Baḥya as a revolutionary and demanding thinker of Jewish law. (shrink)

Leibniz once argued that scholastic substantial forms do not exist, but he later emphasized that bodies have substantial forms. This implies that he assumed that bodies have intrinsic powers to act by themselves. In order to understand the change of his metaphysics, we need to identify the resources of his motivation to introduce a new view. On the basis of Leibniz’s early works in the 1670s and 80s, this paper explores how his discovery of the law that the (...) quantity of force, measured by mv2, is conserved, affected his development of metaphysics, and argues that the discovery actually motivated him to assume that there are enduring substantial forms in bodies, introducing an argument to establish the existence of forms on the basis of an early work. In the final section of the paper, I examine Daniel Garber’s interpretation according to which the discovery of the conservation law is largely independent of Leibniz’s rehabilitation of substantial forms. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Sovereignty of Reason: The Defense of Rationality in the Early English Enlightenment by Frederick C. BeiserJohn W. YoltonFrederick C. Beiser. The Sovereignty of Reason: The Defense of Rationality in the Early English Enlightenment. Princeton: Princeton University Press, 1996. Pp. xi + 332. Cloth, $39.50.Beiser characterizes the methodology of his study as historical and philosophical: historical in placing texts in their own context and in uncovering (...) the intentions of their authors; philosophical in reconstructing and appraising arguments (ix). Both methods are necessary for good historical work. The second is often practiced without the first, to the detriment of philosophy and its history. “A philosopher who reconstructs arguments without the aid of history indulges in mere guesswork and anachronism, measuring the standards of philosophical relevance and importance by the concerns of his own age” (x). Equally, understanding the arguments and ideas of, e.g., seventeenth-century writers, “also involves testing their truth: seeing how they cohere with one another, what their consequences are, whether they follow from the evidence adduced for them, and if they reply to the objections made against them” (x). This splendid study of the role of reason in seventeenth-century religion, science, and philosophy is a fine example of careful textual-historical scholarship with rigorous philosophical analysis.The goal of his study is to tell “the story of how rationalism, in the very specific sense of the sovereignty of reason, arose in seventeenth-century England” (5). Starting with an introduction which discusses such topics as “The Paradox of the English Enlightenment,” “Rationalism in the English Church,” “The Enlightenment and the New Sciences,” Beiser proceeds to detailed presentations and discussions of “The Protestant Challenge” (Chap. 1); Richard Hookers’s defense of reason (Chap. 2); the views of the Great Tew Circle, e.g., Falkland, Chillingworth, Hammond, Hales (Chap. 3); the Cambridge Platonists (Chap. 4); the nature of Enthusiasm (Chap. 5); John Toland and Deism (Chap. 6); and ethical rationalism (Chap. 7).Many of the topics covered have been the subjects of other books and articles. What marks Beiser’s account is the freshness of his approach, the many new insights and suggestions about the tensions between the holders of traditional doctrines and newer challenges. Beiser’s writing is clear, and the issues are carefully presented and analyzed. One of the central themes is the mistake of equating “rationalism with the critique or rejection of religion” (15), of identifying enlightenment with secularization (14). The appeals to reason often emerge from within orthodox religion, whose defenders were trying to cope with their own internal tensions. “Once we consider the Cambridge Platonists’ early reaction to predestination, it becomes clear that it was not Hobbes but Calvin who first posed the danger of atheism for them. For it was Calvin’s theology, and not Hobbes’s materialism, that inspired the fear of God that [End Page 138] they regarded as the source of atheism. In the eyes of the Cambridge Platonists, Hobbes’s materialism was only a false remedy for that fear...” (147). A similar point is made later: “the foundations of a rational theology” in Whichcote “did not arise from any need to combat a creeping Hobbesianism. Rather, it grew up from the inner struggles and torments of the Protestant soul” (165).Equally significant is Beiser’s analysis of enthusiasm, the appeals to divine inspiration rather than to reason or evidence: “We should be aware of accepting the contemporary caricature of the enthusiasts, which portrayed them as zealous and ignorant anti–intellectuals with no cogent or coherent philosophical position of their own” (187). His analysis of the enthusiasts stresses the epistemological nature of their position, rather than the usual theological, ethical, or political dimensions (193). He insists that “enthusiasm is essentially a philosophical concept. Historically, it arose as a response to the problem of the sources and criteria of religious knowledge” (187). The search for criteria is a pervasive feature of Beiser’s study: Luther’s and Calvin’s efforts to draw the boundary between faith and reason (24); Richard Hooker’s failure to “provide an epistemological foundation for his theory of natural law” (67); the need for a criterion to distinguish genuine from false revelation... (shrink)

A single, fairly simple proposition lies at the heart of the present contribution, viz. that the development of early-modern literature on international law should be regarded as a specific form of the early usus modernus during the second half of the sixteenth century and the first half of the seventeenth century.In Section 1 that general proposition and some of its ramifications will receive some further explanation. First, the main characteristics of usus modernus will be set out, and, subsequently, (...) their applicability to early-modern literature on international law will be outlined. In addition, the question should be raised, what purpose the characterisation of that literature as part of the more general usus modernus may serve. These considerations may inevitably appear somewhat abstract. Section 2 will therefore aim to provide a particular illustration, based on two contemporary works on the law of naval warfare, viz. A. Gentili's Hispanicae Advocationis Libri Duo and H. Grotius' De jure praedae. (shrink)

This edition of early Greek writings on social and political issues includes works by more than thirty authors. There is a particular emphasis on the sophists, with the inclusion of all of their significant surviving texts, and the works of Alcidamas, Antisthenes and the 'Old Oligarch' are also represented. In addition there are excerpts from early poets such as Homer, Hesiod and Solon, the three great tragedians Aeschylus, Sophocles and Euripides, the historians Herodotus and Thucydides, medical (...) writers and presocratic philosophers. Besides political theory, areas represented include early anthropology, sociology, ethics and rhetoric, and the wide range of issues discussed includes human nature, the origin of human society, the origin of law, the nature of justice, the forms of good government, the distribution of wealth, and the distribution of power among genders and social classes. (shrink)

Despite petitions from friends and critics through much of his career, Paul Ramsey adamantly refused to revise his first book, Basic Christian Ethics. Yet, several pieces of Ramsey’s private correspondence indicate specific changes to Basic Christian Ethics that he felt were necessary. These include a desire to distance his use of agape from associations with Anders Nygren’s Agape and Eros, an added emphasis on the importance of the doctrine of creation for his understanding of agape, covenant, and natural law, and (...) a shift from eschatology to Christology as the foundational doctrine for political ethics. Drawing upon personal letters and other disparate comments throughout Ramsey’s published work, this paper explores the impact such proposed revisions might have on contemporary interest (or lack thereof) in Basic Christian Ethics. In so doing it also highlights Ramsey’s ability to rethink central theological concepts in his work and draw his readers’ attention to fundamental questions in the field of moral theology. (shrink)

Parent and child (Islamic law); early works to 1800.

Johannes Althusius, a German legal theorist and political thinker in the early 1600s, attempts in his Politica to create a chain of increasingly large communal associations that could constitute a universally applicable political order. He founds this system on a natural law theory of behavioral guidelines. Many elements of his body of work, from its federalist structure to the granting of a right of sovereignty to the people, bear marks of an early connection to modern Western thought meriting (...) further exploration. Upon close inspection, the natural law theory at play in Politica also contains oddities and inconsistencies worthy of note. His Theory of Justice, a work on law and ethics, contains a similar theory with slight yet significant variations at the core level. Ultimately owed to weaknesses in the derivation of duties to self and a lack of evidence for the reasoning of the hierarchy of duties to others in Politica, the Theory of Justice model, though not without its own internal inconsistencies in the moral authority of positive law, is found to present a more philosophically sound model. (shrink)

A dialogue between a foreign philosopher and a powerful statesman outline Plato's reflections on the family, the status of women, property rights, and criminal law.

Originally published in 1889, Ferdinand Tonnies published versions of two works by Thomas Hobbes. His editions of The Elements of Law: Natural and Politic and of Behemoth: or The Long Parliament were the first modern critical editions, based on manuscripts of works by Hobbes. Completed in 1640, The Elements of Law was Hobbes's first systematic political work. The book helps us see Hobbes's mind at work, for it is the first version of his later political works.

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 40.1 (2002) 126-127 [Access article in PDF] Book Review Natural Law Theories in the Early Enlightenment T. J. Hochstrasser. Natural Law Theories in the Early Enlightenment. New York: Cambridge University Press, 2000. Pp. xiii + 246. Cloth, $54.95. In a worthy addition to Cambridge's Ideas in Context series, T. J. Hochstrasser undertakes an excavation. His aim is to provide a description, (...) and to demonstrate the importance within the German Frühaufklärung, of a largely forgotten philosophical approach: eclecticism. Hochstrasser argues that the triumph of Wolffian rationalism in the Protestant universities in the middle of the eighteenth century occluded the importance of eclecticism for Kant, who in turn occluded it for everyone afterward. But the price of forgetting eclecticism is high. Not only are we left with no account--or a skewed account--of the development of German thought from the first stirrings of the Enlightenment to the emergence of the Critical philosophy, but our understanding of the development of the historiography of philosophy is badly compromised. For among their many accomplishments--in natural jurisprudence, in university reform--the eclectics were the first critical historians of philosophy, their distinctive genres being historically aware treatises on natural law and Whig histories of natural jurisprudence. Hochstrasser's study traces the development of eclecticism, from the work of its founders, Samuel Pufendorf and Christian Thomasius, through a devolution in the hands of Thomasius's later disciples, to the eventual oblivion in the middle of the eighteenth century. This review will focus on the beginning of this narrative, as Pufendorf is the leading figure in the book.Eclecticism began with Pufendorf's attempt, in his mature work on natural law, to reconcile his conflicting inheritances from Grotius and Hobbes without simply endorsing the work of either. He was impressed both by Grotius's explanation of the law of nations in terms of human sociability--but also by Hobbes's criticisms of Grotius, rooted in the latter's analysis of the state of nature. At the same time, he wished to reject Grotius's method of induction from sociological observation and Hobbes's minimally constrained voluntarism. Contributing further to his perplexity was his increasing disaffection from the geometric approach he had adopted in his Elementa Jurisprudentiae Universalis.The way out of this impasse, Hochstrasser contends, was revealed to Pufendorf in correspondence with Hermann Conring, the leading constitutional lawyer of his time, and Johann Böcler, Grotius's most erudite commentator. Böcler chastised Pufendorf for his neglect of history, and both of Pufendorf's correspondents pointed out his need for some non-Hobbesian criterion by which he could validate his first principles, whatever they turned out to be. Stung particularly by Böcler's remarks, Pufendorf returned to the Stoics and there discovered a via media between Hobbes's pessimism and Grotius's optimism: a synthesis anticipating Kant's doctrine of "unsocial sociability." For the purposes of Hochstrasser's study, the key aspects of Pufendorf's solution are these: first, it avoids mere voluntarism; second, it does this by means of a moral epistemology that sharply distinguishes natural law [End Page 126] from moral theology; finally, the validating criterion for Pufendorf's first principles is located in critical appropriation of the history of moral philosophy. These were to be hallmarks of Pufendorf's school.On the first and second points, Hochstrasser seems to me substantively correct, though I think he misunderstands the nature of Pufendorf's escape from mere voluntarism and thereby underplays the religious dimensions of Pufendorf's theory. Among recent Anglo-American commentators on Pufendorf, only Robert Adams has in my view properly construed Pufendorf's thought: that it involves a command theory of obligation proper, but posits the natural advantageousness of some hierarchies as a buttress against mere voluntarism. Hochstrasser is thus right to insist, against Leibniz, that Pufendorf's account of obligation is coherent. But he is wrong to suggest that "there was nothing in Pufendorf's theory... to oblige him to introduce fear of punishment by a superior... " (105). He is... (shrink)

This paper is a study of the origins of Leo Strauss's thought, arguing that its early development must be understood in the context of the philosophy of religion of late Wilhelmine and Weimar Germany. More specifically, it shows that Strauss's early works were written against the background of Kantian philosophy and post-Kantian accounts of religious experience, and that his turn towards medieval law as a topic and ideal was precipitated by the critique of those accounts by radical (...) Protestant theologians writing in the post-World War I era of crisis. Ironically, then, Strauss's investment in premodern Judaism—and his related rejection of modern philosophy—had important Christian origins. (shrink)

Roman Law is an important legal systematic that contains important codings of world law history. This legal system not only affected Continental Europe, but also the Near East, which was a period under its domination. Especially in the Justinian period, the law collection that emerged as a result of the legal studies starting from the East Roman capital is considered as a monumental work by many historians and jurists. Researchers who praise Corpus Juris Civilis are right. However, this selection, which (...) is one of the most effective law coding, is far from being practical. For this Leo III prepared his law book called Ecloga. Referred to as the first Christian law book, this work was later expanded with some additions. Ecloga was given its final shape during the period of Empress Irene. Irene is one of the strongest female figures in Roman history. Emperor Constantine V married his son Leo (who is from his first wife Çiçek Hatun, the Caspian Princess) to Irene. Irene was the daughter of an ordinary family. She was Athenian as origin. However, Athens was not a city as flashy as it was in ancient times. At the same time, the Athenians were against icon-breaking, which was the official ideology of the empire. It was really interesting that Irene was chosen by Constantine V as wife for his son Leo. After the death of Constantine V, Leo IV acceded to the throne without any problems. The fact that Leo IV had chronic tuberculosis prevented him from state administrations. Actually, it was Irene who filled in this gap. After the early death of Leo IV, due to the aforementioned disease, his 10-year-old son Constantine VI became officially regent. After killing her son by abacina-tion Irene became the sole owner of the throne. In the ongoing process, she abused law and religion to maintain her power. Irene’s first law supplement was on oaths. There were many references to the Holy Book in the annex of this law. It was mentioned that it is not a sin to swear in the Old Testament, but it is now forbidden to swear with the New Testament. In addi-tion, the law stipulates that the oath is the way to deny God precisely after lying. However, it was claimed that the oath tradition to the Roman society passed through the Hebrews. Un-doubtedly, Irene used the text of this law to prove that the oath of devotion of the majority of the eastern Roman army, allegedly to her son Constantine VI, was invalid. Because in the Ro-man army, fulfilling the necessary oath and loyalty to the emperor were in front of everything. It was possible for the empress to take over the throne with this proclaimed law article that the vows of the soldiers who swore in order to remain committed to Constantine VI within the army were void. It is obvious that Irene was trying to prevent a possible coup attempt within the army. The empress’ second annex to the law concerns those who married for the third time. The law was titled “About those who illegally contract to third or later marriages and about those who marry their own slaves”. In Christianity, it was allowed to marry for the sec-ond time after the death of one of the spouses. There were certain phrases that marriages to be held for the third time in the Holy Book were forbidden. It is clear that Irene had a political benefit in reminding this ban. Because her power was based on her marriage with Leo, who was the son of Constantine V from his first wife. Their rivals were the sons of Constantine V from his third marriage. Therefore, with this law, she eliminated her political rivals. (shrink)

Since the early 1990s, politicians, policymakers, the media and academics have increasingly focused on religion, noting the significant increase in the number of cases involving religion. As a result, law and religion has become a specific area of study. The work of Professor Norman Doe at Cardiff University has served as a catalyst for this change, especially through the creation of the LLM in Canon Law in 1991 and the Centre for Law and Religion in 1998. Published to mark (...) the twenty-fifth anniversary of the LLM in Canon Law and to pay tribute to Professor Doe's achievements so far, this volume reflects upon the interdisciplinary development of law and religion. (shrink)

Since the early 1990s, politicians, policymakers, the media and academics have increasingly focused on religion, noting the significant increase in the number of cases involving religion. As a result, law and religion has become a specific area of study. The work of Professor Norman Doe at Cardiff University has served as a catalyst for this change, especially through the creation of the LLM in Canon Law in 1991 and the Centre for Law and Religion in 1998. Published to mark (...) the twenty-fifth anniversary of the LLM in Canon Law and to pay tribute to Professor Doe's achievements so far, this volume reflects upon the interdisciplinary development of law and religion. (shrink)

SUMMARYThis article discusses the works of the first two lecturers on natural law in Copenhagen, Henrik Weghorst and Christian Reitzer. Contrary to the existing scholarship which characterises their works as derivative of either Grotius or Pufendorf, the article argues that the character and significance of these works can only be grasped when understood in light of the local intellectual traditions which they built upon. Seen against this background, it becomes clear that Weghorst and Reitzer developed significantly different (...) theories of natural law, disagreeing on such fundamental issues as the definition of law, the moral good, and the role of sociality in natural law. Following a tradition of Christian natural law in Kiel, Weghorst developed a theory of natural law fundamentally critical of the secularising theories of Grotius and Pufendorf, while Reitzer followed Pufendorf and his disciple Christian Thomasius in Halle. The article concludes by indicating how Weghorst’s and Reitzer’s works established the framework for discussions of natural law in the first decades of the eighteenth century, suggesting the need for further research into the significance of natural law for the early enlightenment in Denmark–Norway. (shrink)

Ian Hacking has defined himself as a philosopher in the analytic tradition. However, he has also recognized the profound influence that Michel Foucault had on much of his work. In this article I analyse the specific imprint of certain works by Foucault—in particular Les mots et les choses—in two of Hacking’s early works: Why Does Language Matter to Philosophy? and The Emergence of Probability. I propose that these texts not only share a debt of Foucauldian thought, but (...) also are part of what I believe is Hacking’s central project: the analysis of the historical and situated conditions of possibility for the emergence of concepts and of objects, inspired also by the French philosopher’s thought. (shrink)

Archytas of Tarentum, a contemporary and associate of Plato, was a famous Pythagorean, mathematician, and statesman of Tarentum. Although his works are lost and most of the fragments attributed to him were composed in later eras, they nevertheless contain valuable information about his thought. In particular, the fragments of On Law and Justice are likely based on a work by the early Peripatetic biographer Aristoxenus of Tarentum. The fragments touch on key themes of early Greek ethics, including: (...) written and unwritten laws; freedom and self-sufficiency; moderation of the emotions and cultivation of virtues; equality and the competence of the majority to participate in government; criticism of “rule by an individual”; a theory of the ideal “mixed constitution”; distributive and corrective justice and punishment, and of the rule of law. The fragments also contain one of the only positive accounts of democracy in ancient Greek philosophy. (shrink)

Efforts to bring science into early 19th century breeding practices in Central Europe, organised from Brno, the Hapsburg city in which Mendel would later turn breeding experiments into a body of timeless theory, are here considered as a significant prelude to the great discovery. During those years prior to Mendel's arrival in Brno, enlightened breeders were seeking ways to regulate the process of heredity, which they viewed as a force to be controlled. Many were specialising in sheep breeding for (...) the benefit of the local wool industry while others were showing an interest in commercial plants, especially fruit trees and vines, and later cereals. Breeders explained their problems in regulating heredity in terms of (1) climatic influences (2) disruption due to crossing (3) sports or saltations. Practical experience led them to the concepts of 'inheritance capacity' and the 'mutual elective affinity' of parents. The former was seen to differ among individuals and also among traits; the latter was proposed as a means of adding strength to heredity. The breeders came to recognise that traits might be hidden and yet transmitted as a 'potential' to future generations. They also grew to understand that heredity would be strengthened when a quality was 'fixed' within a lineage by 'pure blood relations.' Continued selection of the desired quality might then lead to 'a higher perfection.' But the ultimate 'physiological' question about breeding, 'what is inherited and how?,' found no answer. Major figures in this development included Abbot Napp, the one who asked this question and who was due to receive Mendel into the monastery in 1843, and Professor Diebl whose lectures on agriculture and natural science at the Brno Philosophical Institute Mendel would attend in 1846. Here we analyse their progress in theorizing about breeding up until about 1840. In discussing this development, we refer to certain international contacts, especially with respect to information transfer and scientific education, within the wider context of the late Enlightenment. (shrink)

Bentham's central concern during the 1810s and 1820s was with the codification of the law. Rejecting both the common law and the historical approach to codification, he argued that a code of law should be based on a rigorous logical analysis of the categories of human action, and that each enactment should be followed by the reasons which justified it. Such an `all-comprehensive' code containing an `interwoven rationale' would signal a new era in legislation. Once one state had adopted such (...) a code, other states would be obliged to follow its example, and Bentham would become in effect 'legislator of the world'. Bentham attempted to persuade legislative authorities in the United States of America, Russia, Spain, Portugal, Greece, South and Central America, and elsewhere, to invite him to draft a code of law for them. The works presented in this volume record in fascinating detail Bentham's dealings with such eminent figures as James Madison, John Quincy Adams, Emperor Alexander I, Prince Adam Czartoryski, Alexander Mavrokordatos, Bernadino Rivadavia, and José del Valle. The production of a methodology for codification ranks as one of Bentham's outstanding theoretical achievements. Through the materials presented in this volume he emerges as a seminal figure in the development of liberalism throughout Europe and America in the early nineteenth century. (shrink)

Colonies, Commerce, and Constitutional Law is a major theoretical analysis of the harmful effects of colonies on commerce and constitiutional democracy, and is one of the most important studies of colonialism written in the nineteenth century. Of the four essays collected in this voloume, three have been edited directly from the original manuscript sources. The only essay to have appeared in print, `Observations on the Restrictive and Prohibitory Commercial System', is generally regarded as an early classic statement of the (...) beneficial effects of freedom of trade. In the these pioneering essays written in 1820-2, Bentham provided a penetrating critique of colonialism from within the liberal utilitarian tradition. Applying his general principles to the case of Spain and Spanish America, he argued that any attempt by Spain to maintain dominion over her Empire, or even to maintain a claim to the dominion was fundamentally misguided. Colonies were not a source of wealth to the colonizing country, but rather led to the imposition of increased taxation. Moreover, the existence of colonies increased the amount of patronage at the disposal of Spain's rulers, and thus would facilitate the corruption of the members of the new legislative assembly and eventually lead to the restoration of the ancient despotism. Colonies were not only wasteful and expensive, but posed a threat to constitutional government itself. The should therefore be granted unconditional independence, as a prererequisite to the establishment of unrestricted commercial relations, which would produce mutual benefit to both Spain and Spanish Amarica. (shrink)

In this volume, noted philosopher Lenn E. Goodman shares the insights gained over a lifetime of pondering the meaning and purpose of Maimonides' celebrated Guide to the Perplexed. Written in the late twelfth century, Maimonides' Guide aims to help religiously committed readers who are alive to the challenges posed by reason and the natural sciences to biblical and rabbinic tradition. Keyed to the new translation and commentary by Lenn E. Goodman and Phillip I. Lieberman, this volume follows Maimonides' life and (...) learning and delves into the text of the Guide, clearly explaining just what Maimonides means by identifying the Talmudic Ma'aseh Bereshit and Ma'aseh Merkavah with physics and metaphysics (to Maimonides, biblical cosmology and theology). Exploring Maimonides' treatments of revelation, religious practice and experience, law and ritual, the problem of evil, and the rational purposes of the commandments, this guide to the Guide explains the tactics Maimonides deployed to ensure that readers not get in over their heads when venturing into philosophical deep waters. (shrink)

The work draws together a rich tapestry of material across many different disciplines, covering the crucial relationship between medicine and law from the early apothecaries to the modern-day general practitioner. It presents an invaluable overview of the subject and offers vital background reading to anyone interested in medico-legal medicine, as well as providing a springboard for students of medicine and law interested in researching the field through its remarkable diversity of reference resources.

Islamic law; interpretation and construction; Hanafites.

The question of when and how the basic concepts that characterize modern science arose in Western Europe has long been central to the history of science. This book examines the transition from Renaissance engineering and philosophy of nature to classical mechanics oriented on the central concept of velocity. For this new edition, the authors include a new discussion of the doctrine of proportions, an analysis of the role of traditional statics in the construction of Descartes' impact rules, and go deeper (...) into the debate between Descartes and Hobbes on the explanation of refraction. They also provide significant new material on the early development of Galileo's work on mechanics and the law of fall. (shrink)

This book describes a political theology which provides a mode of engagement with unjust laws. It argues that the theology of Francisco Suárez, SJ, an early modern legal theorist and theologian, which was developed to combat an authoritarian view of law, may be successfully retrieved to provide a constructive model of legal engagement for Christians today, including the possibility that communities may work to change law from the ground up as they function within the legal system, not just outside (...) it. His theory of law thus provides a theologically robust way to mount a counter-narrative to contemporary authoritarian theories of law, while still acknowledging the good in the rule of law and its imposition by a legislative authority. He acknowledges the crucial contribution of citizens to improving law's moral content, without removing the importance of law's own authority or the role of the lawgiver. (shrink)

In his Apology of the Church of England as well as many of his other works, John Jewel defended the orthodoxy of the Elizabethan Church on the basis of the following criteria: Scripture, the first four general councils, the writings of the Church Fathers, and the example of the primitive church.1 By emphasizing these authorities, the bishop of Salisbury also sought to impeach the Roman Church’s claim to orthodoxy by arguing that doctrines and practices which developed subsequently to the (...) early church as defined by these criteria contradict them, thereby nullifying its charge of heresy against Protestants while simultaneously indicting the papacy itself as heretical. A question that emerges from studying Jewel’s prodigious polemical works concerns the source of this means of determining orthodoxy. Answering this question requires a close analysis of the apologist’s use of sources. This article will attempt to answer this question by arguing that this criteria for defining orthodoxy derived mainly from canon law tradition that is confirmed specifically by Gratian’s Decretum. This thesis maintains that Jewel’s criteria constituted a form of the ius antiqua with which he attacked the ius novum that provided the authoritative basis for papal supremacy, and in so doing, sought to vindicate the Elizabethan Church’s place in ancient catholic tradition. (shrink)

This is a book about the theory of the city or commonwealth, what would come to be called the state, in early modern natural law discourse. Annabel Brett takes a fresh approach by looking at this political entity from the perspective of its boundaries and those who crossed them. She begins with a classic debate from the Spanish sixteenth century over the political treatment of mendicants, showing how cosmopolitan ideals of porous boundaries could simultaneously justify the freedoms of itinerant (...) beggars and the activities of European colonists in the Indies. She goes on to examine the boundaries of the state in multiple senses, including the fundamental barrier between human beings and animals and the limits of the state in the face of the natural lives of its subjects, as well as territorial frontiers. Drawing on a wide range of authors, Brett reveals how early modern political space was constructed from a complex dynamic of inclusion and exclusion. Throughout, she shows that early modern debates about political boundaries displayed unheralded creativity and virtuosity but were nevertheless vulnerable to innumerable paradoxes, contradictions, and loose ends.Changes of State is a major work of intellectual history that resonates with modern debates about globalization and the transformation of the nation-state. (shrink)

Poulantzas began his intellectual career as a scholar of law but eventually shifted his focus onto the theorization of the capitalist state. In his early publications, he explored legal concepts from the perspective of Phenomenology, inspired in particular by the Marxism of Jean-Paul Sartre and Lucien Goldmann. This chapter explores the logic of Poulantzas’s early legal thinking and the shift in his work under the influence of Louis Althusser’s ‘structural’ Marxism, which accompanied his new focus on the state (...) in the mid-to-late 1960s. This shift in his thought permitted Poulantzas a uniquely complex view of the state as a contingent, ‘material condensation’ of class forces. But his new insights were not fully extended to the exploration of legal subjectivities or the law as a site of socio-political contestation, which had been features of his earlier work. (shrink)

_Quod non est in actis, non est in mundo_. Once files are reduced to the status of stylized icons on computer screens, the reign of paper files appears to be over. With the epoch of files coming to an end, we are free to examine its fundamental influence on Western institutions. From a media-theoretical point of view, subject, state, and law reveal themselves to be effects of specific record-keeping and filing practices. Files are not simply administrative tools; they mediate and (...) process legal systems. The genealogy of the law described in Vismann's _Files_ ranges from the work of the Roman magistrates to the concern over one's own file, as expressed in the context of the files kept by the East German State Security. The book concludes with a look at the computer architecture in which all the stacks, files, and registers that had already created order in medieval and early modern administrations make their reappearance. (shrink)

Though he is known primarily for his mathematics, John Wallis was also a prominent natural philosopher and experimentalist. Like many experimental philosophers, including his colleagues in the Royal So­ciety, Wallis sought to identify the mathematical laws that govern natural phenomena. However, I argue that Wallis’s particular understanding of the laws of nature was informed by his reading of a thirteenth–century optical treatise by Robert Grosseteste, De lineis, angulis et figuris, which expresses the principle that “Nature doth not work by Election.” (...) Wallis’s use of this principle in his Discourse of Gravity and Gravitation helps to clarify his understanding of natural laws. According to Wallis, since nature cannot choose to act one way or another, natural phenomena are unfailingly regular, and it is this that allows them to be predicted, generalized, and described by mathematical rules. Furthermore, I argue that Wallis’s reading of Grosseteste reveals one way that medieval scholarship contributed to the “mathematization of nature” in the early modern period: historically–minded scholars like Wallis found insightful philosophical principles in medieval sources, and they transformed and redeployed these principles to suit the needs of early modern natural philosophy. (shrink)

The concept of natural law is fundamental to political philosophy, ethics, and legal thought. The present article shows that as early as the ancient Greek philosophical tradition, three main ideas of natural law existed, which run in parallel through the philosophical works of many authors in the course of history. The first two approaches are based on the understanding that although equipped with reason, humans are nevertheless still essentially animals subject to biological instincts. The first approach defines natural (...) law as the law of the strongest, which can be observed to hold among all members of the animal kingdom. The second conception presents natural law as the principle of self-preservation, inherent as an instinct in all living beings. The third approach, also developed in antiquity, shifts the focus to our rationality and develops the idea of natural law as the law of reason within us. Some Christian thinkers who consider the origin of reason in us to be divine, identify the law of reason inherent in us with God's will. This paper gives a brief exposition of the development of these three concepts of natural law in philosophy, with emphasis on the intertwining of these three concepts, which we, however, understand as primarily and essentially independent. The paper concludes with an overview of twentieth-century authors who exclusively focus on only one of the three concepts. The aim of this article is to argue against these one-sided interpretations and to uphold the independence and distinctness of the three historical conceptions of natural law. (shrink)

This article traces the continuities in Pocock's work from his early exploration of the 'common law mind' to his recent work calling for a rethinking of English history and an appreciation of its British context. His work is understood here as the product of perspectives available to him as a New Zealander made aware by his own history of the central roles in all human history played by the movement of people across continents and (especially) across oceans, and by (...) the ways in which different cultures situate themselves in time. Pocock's exploration of the history of 'political thought' has, indeed, often been concerned most with that form of political thinking and identity formation that was rooted in a society's understanding of its own past. This is the key continuity explored in the article. (shrink)

The work of women philosophers in the early modern period has traditionally been overlooked, yet their writing on topics such as reality, time, mind and matter holds valuable lessons for our understanding of metaphysics and its history. This volume of new essays explores the work of nine key female figures: Bathsua Makin, Anna Maria van Schurman, Elisabeth of Bohemia, Margaret Cavendish, Anne Conway, Damaris Cudworth Masham, Mary Astell, Catharine Trotter Cockburn, and Émilie Du Châtelet. Investigating issues from eternity to (...) free will and from body to natural laws, the essays uncover long-neglected perspectives and demonstrate their importance for philosophical debates, both then and now. Combining careful philosophical analysis with discussion of the intellectual and historical context of each thinker, they will set the agenda for future enquiry and will appeal to scholars and students of the history of metaphysics, science, religion and feminism. (shrink)

Available from UMI in association with The British Library. Requires signed TDF. ;The purpose of this thesis is to study the account given by Thomas Aquinas of prudentia or right practical reasoning. While there is no doubt that Aristotle's ethical doctrine was the source for St.Thomas, it is commonly thought that the spirit if not the substance of Aristotelian phronesis is altered by the Christian concepts of law, obedience to God, free will and sin. ;To assess the influence of the (...) Christian theological tradition, a short survey is made of the history of the notion of liberum arbitrium. A tendency emerges to equate free choice with 'free will', identifying the element of freedom with the will and not with the intellect. Much of the reason for this is the need to explain the psychology of sin. ;With the infusion of Aristotelian philosophy in the twelfth century, many theologians began to develop a more balanced philosophy of human action, but the voluntarist view of freedom, sin and grace was strongly defended and came to dominate, in spite of Thomas' profound explanation. ;A new account is given of the stages of the process of human action, reducing the steps from twelve to four. The basis for this is to combine cognition and volition in each stage, so that Thomas can be seen to have given more precise names to a basically Aristotelian account, although Thomas' stage of execution is a genuine contribution adding more possibilities for an explanation of akrasia. ;The heart of practical reasoning is the process of decision, and this thesis looks at all of Thomas' examples of the 'practical syllogism' to show the development of his views from his early works to the Summa Theologiae. ;Having shown how the intellect and will are closely related in each stage of practical reasoning, prudence emerges clearly as the right disposition of the intellect for deliberating, deciding and executing action. A firm basis for a new view of freedom, law and the possibilities for error is provided by Aquinas' psychology of action. (shrink)

This paper is a contribution to the long-standing debate over the coherence of Charles Sanders Peirce’s overall system of philosophy. It approaches that issue through the lens of a contemporary debate over the notion of metaphysical grounding, or more broadly, the nature of metaphysical explanation, employing the laws of logic as a case study. The central question concerns how we can take seriously what we shall call Peirce’s Rule—that nothing can be admitted to be absolutely inexplicable—without being vulnerable to a (...) vicious regress or equally vicious circularity. I first argue that in Peirce’s early work he offers a quietist conception of grounding that provides a persuasive and ground-breaking answer to this central question. I then raise a familiar concern, that in Peirce’s later work we find hints of a more metaphysical conception of grounding that seems unable to answer that question and is thus inconsistent with his earlier work. The paper ends with a speculative interpretation of Peirce’s approach to metaphysics and its possible role in grounding logical principles. (shrink)