Jules Janssens a construit une œuvre importante, qui, pour de nombreux chercheurs, a ouvert des perspectives de recherches nouvelles et fécondes. Ses travaux ont fait date. Ils portent principalement sur la philosophie d'Avicenne, ses sources, ses rapports avec la pensée musulmane, son influence sur la théologie ash'arite (al-Ghazālī, Fakhr al-Dīn al-Rāzī) et sa réception dans le monde latin. Pour lui rendre hommage, quatorze collègues et amis de renommée internationale se sont réunis pour poursuivre ses réflexions sur ces thèmes. (...) L'ouvrage qui en est issu offre un état des lieux de la recherche contemporaine sur Avicenne et sa postérité arabo-latine. (shrink)

This first supplement to my An Annotated Bibliography on Ibn Sînâ , published in 1991, informs the reader about all new studies on Ibn Sînâ published in the period 1990-1994, and also offers corrigenda and addenda to the former bibliography. Also in the supplement, attention is paid to Western, and to non-Western publications. Moreover, it has been tried to be even more exhaustive by including publications, which have not Ibn Sînâ in the title, but which nevertheless are offering important and (...) innovative information about his life or thought. First, an overview is given of the new editions and/or translations of Ibn Sînâ's works, which are once more identified according to the classic bibliographies of G.C. Anawati and M.Mehdavî. Hereafter, separate chapters are dedicated to studies of a biographical and a bibliographical nature. No less than ten chapters are devoted to materials dealing with Ibn Sînâ's philosophical thought . Finally, materials dealing with in two separate chapters. It has to be noted that almost all publications are annotated with a summary of their most original points and a short critical evaluation. An index, which includes the names of all authors, ancient, medieval and contemporary, has been added. In sum, this work aims at providing a clear, concise and comprehensive work- instrument for all future Avicenna research. It is not only of great interest for all scholars working in Arabic-Islamic philosophy, science and medicine, but also for historians of philosophy and mediaevalists. "Hay que felicitar al autor de este minucioso trabajo que, como su anterior bibliografía, es de un valor incalculable para todos aquellos que nos consagramos al estudio del pensamiento del gran filósofo islámico, al ser instrumento necesario con el que contar para futuras investigaciones sobre Avicena". (shrink)

... Avicenne et Fismaelisme sont comme'eau et le feu. On se souviendra du fameux passage de son autobiographie ou le philosophe coupe court avec toutes les ...

Doubts on Avicenna: A Study and Edition of Sharaf al-Dīn al-Masʿūdī’s Commentary on the Ishārāt. By Ayman Shihadeh. Islamic Philosophy, Theology and Science, Texts and Studies, vol. 95. Leiden: Brill, 2016. Pp. viii + 289. $126, €97.

Ibn Sina, long known in the West as Avicenna, was at the center of the school of Islamic philosophy that inherited and adapted Greek thinking from pre-Socratic to late Hellenic times, says Jansson. The 17 essays he has collected here discuss such aspects as his heritage in the Islamic world and the Latin West, the problem of human freedom, al-Gazzali and his use of Avicennian texts, and some elements of Avicennian influence on Henry of Ghent's psychology. One is published here (...) for the first time; the others are reproduced--with original page numbers--from publication since 1987, but mostly the late 1990s. (shrink)

Chapter I Works-Editions and Translations (and Related Studies) A. MAJOR PHILOSOPHICAL ...

Lo studio verte sulla terminologia avicenniana utilizzata per richiamare l'idea di «emanazione» e quella di «creazione». Il vocabolario avicenniano è comparato in particolare alla terminologia della Theologia Aristotelis.

Nella seconda parte del _Libro della condanna dello status e dell’ostentazione_ il ventottesimo libro della sua opera principale, _La rinascita delle scienze religiose_ – al-Ghazālī trae molta ispirazione da al-Muhāsibī, soprattutto dalla sua opera _al-Ri’āya al-huqūq Allāh _(_L’osservanza dei diritti di Dio_). Il fatto che al-Ghazālī menziona esplicitamente il nome di al-Muhāsibī non meno di quattro volte in questa sezione testimonia la sua ammirazione profonda per questo grande mistico delle origini. Un attento esame di questi riferimenti e del loro contesto (...) rivela una grande familiarità e un ampio uso della _Ri’āya_, così come un accesso diretto a un’altra grande opera di al-Muhāsibī, cioè il _Kitāb al-Wasāya_ (_Il Libro dei Comandamenti_). Inoltre, la scelta di al-Ghazālī di specifici versetti coranici e delle Tradizioni, sia profetiche che di storie, è molto debitrice della _Ri’āya_, come diventa chiaro sulla base di un esame del primo capitolo di questa seconda parte che consiste interamente in citazioni di versetti coranici e delle Tradizioni riguardanti la questione dell’ostentazione. Per quanto riguarda il secondo capitolo, che si concentra sui modi usati per attirare l’attenzione della gente su di sé sia negli atti religiosi che in quelli verbali, esso condivide molte caratteristiche con l’esposizione di al-Muhāsibī nella _Ri’āya_, compresa la copia quasi letterale di alcuni passaggi. Infine, l’uso che al-Ghazālī fa della _Ri’āya_ in ciascuno degli altri capitoli è brevemente indicato. Questo studio mostra che al-Muhāsibī non era solo una fonte importante per al-Ghazālī – un fatto già noto da quasi un secolo – ma _la_ fonte principale, almeno per questa sezione della sua _Rinascita_. Tuttavia, allo stesso tempo, questo studio chiarisce che al-Ghazālī non è colpevole di cieco plagio. In the second part of the _Book of the Condemnation of Status and Ostentation_ – the twentieth-eight book of his major work, _The Revival of the Religious Sciences_ – al-Ghazālī draws much inspiration from al-Muhāsibī, above all from his work _al-Ri’āya al-huqūq Allāh_ (_Eyeservice to God’s Laws_). The very fact that al-Ghazālī explicitly mentions al-Muhāsibī’s name no less than four times throughout this section clearly testifies to his profound admiration for this great early mystic. A close examination of these references and their context reveals a great familiarity with and an extensive use of the _Ri’āya_, as well as a direct access to another major work of al-Muhāsibī, i.e., _Kitāb al-Wasāya_ (_The Book of Commandments_). Moreover, al-Ghazālī’s choice of specific Qur’anic verses and of Traditions, both prophetic and stories, is much indebted to the _Ri’āya_, as becomes clear on the basis of an examination of the first chapter of this second part which consisting entirely of quotations of Qur’anic verses and Traditions concerning the issue of ostentation. As to the second chapter, which focuses on the ways used to draw people’s attention to oneself both in religious as well as in wordly acts, it shares many features with al-Muhāsibī’s exposition in the _Ri’āya_, including the almost verbatim copying of some passages. Finally, al-Ghazālī’s use of the _Ri’āya_ in each of the other chapters is briefly indicated. This study shows that al-Muhāsibī was not just a major source for al-Ghazālī – a fact already known for nearly a century – but _the_ major source, at least for this section of his _Revival_. However, at the same time, this study makes clear that al-Ghazālī is not guilty of blind plagiarism. (shrink)

The World of Image in Islamic Philosophy: Ibn Sīnā, Suhrawardī, Shahrazūrī, and Beyond. By L. W. C. van Lit. Edinburgh Studies in Islamic Apocalypticism and Eschatology, vol. 2. Edinburgh: Edinburgh University Press, 2017. Pp. viii + 278. $110, £75.

English summary: This Arabic edition and French translation of Avicennas commentary on Aristotles Lambda offers a clear opportunity to better understand the Greek philosophers influence on medieval Arabic philosophy, especially concerning the hierarchy of the universe. French description: Ce texte d'Avicenne est l'un des seuls commentaires sur Aristote laisses par le philosophe persan. Il s'attaque au noyau theologique de la Metaphysique du Stagirite, les chapitres 6 a 10 du livre Lambda. Avicenne depend d'une tradition greco-arabe (Alexandre d'Aphrodise, Themistius, l'ecole "peripateticienne" (...) de Bagdad). La tradition arabe a aussi attribue a Aristote plusieurs oeuvres d'origine neoplatonicienne, notamment une Theologie adaptee de Plotin, et un Livre du Bien pur, adaptation des Elements de Theologie de Proclus. Le Dieu d'Aristote est ainsi pour Avicenne la Cause premiere efficiente de l'etre. La structure hierarchique de l'univers resulte de l'emanation produite par l'autointelligence du premier Principe. Il ne fait pas de doute, pour Avicenne, que ces doctrines aient ete celles du Stagirite. (shrink)

Le grand humaniste, Andrea Alpago, médecin et philosophe, fut aussi un traducteur notoire. Parmi ses traductions d’œuvres arabes en Latin figure une œuvre de jeunesse d’Avicenne, le Kitāb fī l-nafs ‘alā sunnat al-ikhtiṣār. Mais il ne se contenta pas de traduire simplement ce traité. Il ajouta à sa traduction un commentaire suivi. Même si tout indique que ce commentaire ne fut pas entièrement achevé, il mérite l’attention. En effet, on n’y trouve pas seulement l’expression de la façon dont Alpago a (...) compris ce texte, mais aussi des indications concernant les motifs qui l’ont poussés à le traduire, ainsi qu’à traduire d’autres textes avicenniens en relation avec l’âme. Comme la compréhension d’un texte est inévitablement liée à la façon dont celui-ci a été traduit, l’analyse du commentaire est précédée par une brève étude de la méthode de traduction d’Alpago, en prêtant particulièrement attention à ce qui en constitue les points forts, mais aussi les points faibles. (shrink)

Musique et danse selon Ibn Taymiyya. Le Livre du «Samâ'» et de la Danse compilé par le shayk Muhammad al-Manbijî. Traduction de l'arabe, présentation, notes et lexique par Jean R. Michot.

Jules Coleman, one of the world's leading philosophers of law, here presents his most mature work so far on substantive issues in legal theory and the appropriate methodology for legal theorizing. In doing so, he takes on the views of highly respected contemporaries such as Brian Leiter, Stephen Perry, and Ronald Dworkin.

This book by one of America's preeminent legal theorists is concerned with the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety. The author approaches his subject from the premise that the market is central to liberal political, moral, and legal theory. In the first part of the book, he rejects traditional "rational choice" liberalism in favor of the view that the market operates as a rational way of fostering stable (...) relationships and institutions within communities of individuals with broadly divergent conceptions of the good. However, markets are needed most where they are most difficult to create and sustain, and one way to understand contract law in liberal legal theory, according to Professor Coleman, is as an institution designed to reduce uncertainty and thereby make markets possible. Another target of this book is the prevalent view that tort law helps rectify market failures when transaction costs are too high to permit contracting. The author argues instead that tort law should be understood as a way of rectifying wrongful losses not inefficient exchanges. (shrink)

This book is an interdisciplinary study of the fundamental normative issues underpinning immigration policy. Economists, political scientists and philosophers address issues such as the proper role of the state in supporting a particular culture, the possible destabilization of the political and social life of a country through immigration, the size and distribution of economic losses and gains, and the legitimacy of discriminating against potential immigrants in favour of members of the resident population. The need for serious philosophical consideration of this (...) subject is beyond question. This volume should advance discussion in an area of great practical as well as philosophical importance. (shrink)

One of the first volumes in the new series of prestigious Oxford Handbooks, The Oxford Handbook of Jurisprudence and Philosophy of Law brings together specially commissioned essays by twenty-six of the foremost legal theorists currently writing, to provide a state of the art overview of jurisprudential scholarship.

This chapter contains sections titled: Jurisprudence: Method and Subject Matter Legality and Authority Positivism: Austin vs. Hart The Authority of Law Judicial Discretion Incorporationism and Legality Raz' s Theory of Authority Incorporationism and Authority Conclusion Postscript References.

Jules Coleman, one of the world's most influential philosophers of law, here expounds his recent views on a range of important issues in legal theory. Coleman offers for the first time an explicit account of the pragmatist method that has long informed his work, and takes on the views of highly respected contemporaries such as Ronald Dworkin and Joseph Raz.

Next SectionIn emphasizing the importance of the separability thesis, legal philosophers have inadequately appreciated other philosophically important ways in which law and morality are or might be connected with one another. In this article, I argue that the separability thesis cannot shoulder the philosophical burdens that it has been asked to bear. I then turn to two issues of greater importance to jurisprudence. These are ‘the moral semantics of law’ and ‘the normativity of theory construction in jurisprudence’. The moral semantics (...) claim is that legal content is best understood as moral directives about what is to be done and who is to decide what is to be done. The problem is that legal positivists typically hold that only social facts contribute to the content of law, and it is hard to see how a positivist can hold both the social-facts claim and the moral-semantics claim. I argue that not only are the two claims consistent with one another, but that legal positivists must hold some version of the moral semantics claim if they are to make sense of the claim that legal reasons purport to be content-independent moral reasons for acting. In Section 3 of the article, I take up the question of whether theory construction in jurisprudence is normative or descriptive. This is hard to do in part because so little attention has been paid to correctly formulating the issue. I suggest a demanding test for descriptivism; namely, that an adequate analysis of law can be provided entirely in terms of its formal features. I then defend this claim against three arguments designed to show because governance by law is necessarily desirable or valuable that, we cannot characterize law without making reference to those values or to other material features of law. This constitutes a limited but powerful defence of descriptive jurisprudence. (shrink)

We explore the relationship between jurisprudential theories pertaining to the nature of law and semantic and metasemantic theories pertaining to the meaning of ‘law’ in the wake of Dworkin’s notorious Semantic Sting argument in Law’s Empire (HUP 1986). Along the way we delineate various aspects of the semantic and metasemantic underpinnings of ‘law’ as an artifact term and advance the general methodological point that jurisprudential inquiry is only negligibly constrained by the findings of semantic and metasemantic inquiry.

H.L.A. Hart'sThe Concept of Lawis the most important and influential book in the legal positivist tradition. Though its importance is undisputed, there is a good deal less consensus regarding its core commitments, both methodological and substantive. With the exception of an occasional essay, Hart neither further developed nor revised his position beyond the argument of the book. The burden of shaping the prevailing understanding of his views, therefore, has fallen to others: notably, Joseph Raz among positivists, and Ronald Dworkin among (...) positivism's critics. Dworkin, in particular, has framed, then reframed, the conventional understanding, not only of Hart's positivism, but of the terms of the debate between positivists and him. While standing on the sidelines, Hart witnessed the unfolding of not only a lively debate between positivists and Dworkin, but an equally intense one among positivists as to positivism's (and his) core claims. The most important debate has been between so-called inclusive and exclusive positivists: a debate as much about Hart's legacy as about the proper interpretation of legal positivism. (shrink)

Suppose the prevailing distribution of property rights is unjust as determined by the relevant conception of distributive justice. You have far more than you should have under that theory and I have far less. Then I defraud you and in doing so reallocate resources so that our holdings ex post more closely approximate what distributive justice requires. Do I have a duty to return the property to you? There are many good reasons for requiring me to return to you what (...) I have taken. One is that while you may have no right in justice to all that you own, it does not follow that I do, or that I have a right to take it. Thus, requiring me to return the property to you is a way of recognizing that I had no right to take it from you in the first place. (shrink)

The Postscript to The Concept of Law contains Herbert Hart's only sustained and considered response to the objections pressed against his views by his distinguished critic, Ronald Dworkin. In this extraordinary collection, many of the leading legal philosophers in the world evaluate the success of Hart's responses to Dworkin on several of these counts. Notable contributors include Joseph Raz of Oxford University and Jules L. Coleman of the Yale Law School.

This collection of essays by one of America's leading legal theorists is unique in its scope: it shows how traditional problems of philosophy can be understood more clearly when considered in terms of law, economics, and political science.

Gregory S. Kavka was a prominent and influential figure in contemporary moral and political philosophy. The essays in this volume are concerned with fundamental issues of rational commitment and social justice to which Kavka devoted his work as a philosopher. The essays take Kavka's work as a point of departure and seek to advance the respective debates. The topics include: the relationship between intention and moral action as part of which Kavka's famous 'toxin puzzle' is a focus of discussion, the (...) nature of deterrence, the rationality of morals, contractarian ethics, and the contemporary relevance of Hobbes' political thought. Incorporating important philosophical statements of problems and fresh contributions to the ongoing debate about rational intention this volume will interest not just philosophers but also political scientists and economists. (shrink)

This essay is part of a larger project exploring the extent to which the market paradigm might be usefully employed to explain and in some instances justify nonmarket institutions. The focus of the market paradigm in this essay is the relationship between the idea of a perfectly competitive market and aspects of both the rationality of political association and the theory of collective choice. In particular, this essay seeks to identify what connections, if any, exist between one kind of market (...) account of the rationality of political association and one kind of market-based social choice rule. The market theory of political association I intend to discuss I call “market contractarianism,” and the collective choice rule whose relation to it I intend to explore is the unanimity rule. What, if anything, is the relationship between market contractarianism and the unanimity rule? (shrink)

In this essay, I characterize the original intervention that became Inclusive Legal Positivism, defend it against a range of powerful objections, explain its contribution to jurisprudence, and display its limitations and its modest jurisprudential significance. I also show how in its original formulations ILP depends on three notions that are either mistaken or inessential to law: the separability thesis, the rule of recognition, and the idea of criteria of legality. The first is false and is in event inessential to legal (...) positivism. The second is inessential to legal positivism. The third is likely inessential to law. I then characterize the central claim of ILP in a way that relies on none of these: ILP is the claim that necessarily social facts determine the determinants of legal content. I show that ILP so conceived leaves the central debates in law largely untouched. I suggest how the most fundamental of these—the question of the normativity of law—at least can be usefully addressed. The essay closes by suggesting that even though one can distinguish the social from the normative dimensions of law, a theory of the nature of law is necessarily an account of the relationship between the two: It is a theory either of the difference that certain distinctive social facts make in normative space, or it is an account of the distinctive normative difference that law makes, and the social and other facts that are necessary to explain that difference. One can distinguish between but one cannot separate the social from the normative aspects of legality. (shrink)

In this essay, I characterize the original intervention that became Inclusive Legal Positivism, defend it against a range of powerful objections, explain its contribution to jurisprudence, and display its limitations and its modest jurisprudential significance. I also show how in its original formulations ILP depends on three notions that are either mistaken or inessential to law: the separability thesis, the rule of recognition, and the idea of criteria of legality. The first is false and is in event inessential to legal (...) positivism. The second is inessential to legal positivism. The third is likely inessential to law. I then characterize the central claim of ILP in a way that relies on none of these: ILP is the claim that necessarily social facts determine the determinants of legal content. I show that ILP so conceived leaves the central debates in law largely untouched. I suggest how the most fundamental of these—the question of the normativity of law—at least can be usefully addressed. The essay closes by suggesting that even though one can distinguish the social from the normative dimensions of law, a theory of the nature of law is necessarily an account of the relationship between the two: It is a theory either of the difference that certain distinctive social facts make in normative space, or it is an account of the distinctive normative difference that law makes, and the social and other facts that are necessary to explain that difference. One can distinguish between but one cannot separate the social from the normative aspects of legality. (shrink)

For several decades the work of Joel Feinberg has been the most influential in legal, political and social philosophy in the English-speaking world. This 1994 volume honours that body of work by presenting fifteen essays, many of them by leading legal and political philosophers, that explore the problems that have engaged Feinberg over the years. Amongst the topics covered are issues of autonomy, responsibility and liability. It will be a collection of interest to anyone working in moral, legal or political (...) philosophy. (shrink)

No one denies that moral principles figure in legal argument and practice. However, the kind of role morality can or must play in law has been a topic of debate not only between positivists and their critics, but also within the positivist camp. The topic was brought into contemporary prominence by Ronald Dworkin, who in TheModelofRulesI made the provocative observation that the legality of norms appears to depend sometimes on their substantive (moral) merits, and not just on their pedigree or (...) social source. 1 The observation was intended by Dworkin as a challenge to the positivism of H.L.A. Hart. (shrink)