This article expounds Samuel von Pufendorf’s evolving theory of multiple monarchy, from the publication of his early work on the form of the Holy Roman Empire, through his natural jurisprudence, to his historical accounts of European statesmanship. Although his comments on the irregularity—indeed, the monstrosity—of composite kingdoms are well known, it is less often appreciated that Pufendorf came to be able to accommodate them within a typology of constitutional systems developed against the background of his theory of (...) the moral personality of the state. Pufendorf’s political thought after his early book on the Holy Roman Empire is the record of a consistent attempt to confront the complexities of multiple monarchy rather than capitulate in the face of them. (shrink)

The aim is to contribute to a better understanding of Samuel Pufendorf’s road from his early Elementa jurisprudentiae universalis, published in late 1660 to the eight ‘books’ of De jure naturae et gentium from 1672. In the latter, Pufendorf completed a methodical shift from the more geometrico method to a universal jurisprudence based upon a wide range of humanistic arts, including history. In this connection, Pufendorf gave more credit to Hugo Grotius and his De jure belli (...) ac pacis than in the earlier work. The paper redefines the role that Pufendorf’s contacts with the Chief Minister from Mainz, Johann Christian von Boineburg and his closest collaborators, Hermann Conring and Johann Heinrich Boecler played in Pufendorf’s shift of approach to ‘universal jurisprudence’. Hitherto underexplored correspondence of Boineburg with Boecler permits a reconstruction of the polemic that Boineburg incited and fuelled between Pufendorf and Boecler. Pufendorf’s reflections of the events in the Preface of the first edition of De jure naturae et gentium and later Christian Thomasius’s account in Paulo plenior, historia juris naturalis made the intermezzo into an essential part of the foundation myth of modern natural law. (shrink)

This is the first detailed study in any language of the single most influential theory of the modern state: Samuel von Pufendorf's account of the state as a 'moral person'. Ben Holland reconstructs the theological and political contexts in and for which Pufendorf conceived of the state as being a person. Pufendorf took up an early Christian conception of personality and a medieval conception of freedom in order to fashion a theory of the state appropriate to (...) continental Europe, and which could head off some of the absolutist implications of a rival theory of state personality, that of Hobbes. The book traces the fate of the concept in the hands of others - international lawyers, moral philosophers and revolutionaries - until the early twentieth century. It will be essential reading for historians of political thought and for those interested in the development of key ideas in theology, international law and international relations. (shrink)

Thinking About Stories is a fun and thought-provoking introduction to philosophical questions about narrative fiction in its many forms, from highbrow literature to pulp fiction to the latest shows on Netflix. Written by philosophers Samuel Lebens and Tatjana von Solodkoff, it engages with fundamental questions about fiction, like: What is it? What does it give us? Does a story need a narrator? And why do sad stories make us cry if we know they aren’t real? The format of the (...) book emulates a lively, verbal exchange: each chapter has only one author while the other appears spontaneously in pop-up boxes in the text along the way, raising questions and voicing criticisms, and inviting responses from their co-author. This unique format allows readers to feel like they are a part of the conversation about the philosophical foundations of some of the fictions in their own lives. (shrink)

This work presents the basic arguments and fundamental themes of the political and moral thought of the seventeenth-century philosopher, Samuel Pufendorf--one of the most widely read natural lawyers of the pre-Kantian era. Selections from the texts of Pufendorf's two major works, Elements of Universal Jurisprudence and The Law of Nature and of Nations, have been brought together to make Pufendorf's moral and political thought more accessible. The selections included have received a new English translation, the first (...) for both works in roughly sixty years. The editor, a political scientist, and the translator, a philosopher, have developed a volume that is comprehensive and representative of Pufendorf's thought without being repetitive, fragmented, or obscure. (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)

Humans have a complex and dynamic mating system, and there is evidence that our modern sexual preferences stem from evolutionary pressures. In the current paper we explore male use of a dual mating strategy: simultaneously pursuing both a long-term relationship (pair-bonding) as well as short-term, extra-pair copulations (variety-seeking). The primary constraint on such sexual pursuits is partner preferences, which can limit male behavior and hence cloud inferences about male preferences. The aim of this study was to investigate heterosexual male mating (...) preferences when largely unconstrained by female partner preferences. In service of this goal, female full-service sex workers (N = 6) were surveyed on the traits and behaviors of their male clients (N = 516) and iterative cluster analysis was used to identify male mating typologies. Two clusters emerged: clients seeking a pair-bonding experience and clients seeking a variety experience. Results also suggested that romantically committed men were more likely to seek a variety experience than a relationship experience. We conclude that men desire both pair-bonding and sexual variety, and that their preference for one might be predicted by fulfilment of the other. These findings have implications for relationships, providing insight into motivations for male infidelity. (shrink)

This article examines theories of ocean rights based on the works of Hugo Grotius and Samuel von Pufendorf. Grotius's object‐centred view uses features of the natural world to justify claims to external objects. I show that Grotius's view is inadequate, because it relies on an outdated claim that oceanic resources are sufficiently abundant for anybody to use. Further, adaptations of his view are wanting, because they either rely on arbitrary distinctions or disregard the values of cultural minorities. (...) class='Hi'>Pufendorf's relational view constructs rights through the exercise of human will. While Pufendorf believes that agreements create rights, he also argues that property rights can be unilaterally acquired from the commons without express consent from others. The relational view is a viable alternative to the object‐centred view, because it both delimits territorial claims over the ocean to a ‘modest’ size and also respects cultural variability. A major aim of this article is to present Pufendorf's theory of territorial rights extended over oceans and to demonstrate how it is useful for assessing contemporary disputes. In the final sections, I apply the relational view to Canadian claims to the Northwest Passage, and I also sketch implications for assessing expanding claims to the seabed. (shrink)

Samuel Pufendorf is one of the most important moral and political philosophers of the seventeenth century. His theory, which builds on Grotius and Hobbes, was immediately recognized as a classic and taken up by writers as diverse as Locke, Hume, Rousseau, and Smith. Over the past twenty years there has been a renaissance of Pufendorf scholarship. On the Duty of Man and Citizen is Pufendorf's own epitome of his monumental On the Law of Nature and of (...) Nations, and it served as a basic text in European universities throughout the Enlightenment. This edition has a lucid and historically sensitive translation by Michael Silverthorne, the first since the early twentieth century. James Tully's introduction sets the text in its context, summarizes the main arguments, surveys recent literature on Pufendorf, and shows how Pufendorf transformed natural law theory into an independent discipline of juristic political philosophy that dominated reflection on politics until Kant. (shrink)

This chapter examines John Locke's work entitled Two Treatises of Government. It suggests that this work helped revitalize the social contract tradition by extending the elements of Calvinist political thought, and expanded the modern natural law tradition of Hugo Grotius and Samuel von Pufendorf. The chapter also contends that this work represents Locke's defense of his political philosophy and of the Whig political principles.

Emer de Vattel was the first writer systematically to combine three arguments in a single work, namely: that states have a fundamental duty of self-interestedness; that they nonetheless have reason to see themselves as inhabiting a kind of society; and that this society is held together by positive agreements between its members on rules that shall regulate their interactions. This article explores how Vattel arrived at his vision of international order. It points to the significance of his understanding of the (...) state as being a ?moral person?. This was a description of the state introduced by Samuel von Pufendorf, who argued that the state was a moral person because it possessed the moral faculties of intellect and will. This helped to ground a constitutionalist theory of the state, for intellect and will, being represented by separate institutions of the state, in effect balanced each other. But the notion of the state as a moral person was later taken up in a rival intellectual tradition that allotted no independence to the will. This was the philosophical tradition to which Vattel belonged. In this altered context, the notion of moral personality was transformed. I argue that this was critical to the formulation of Vattel's theory. (shrink)

The relationship between jus ad bellum and jus in bello has been characterized differently throughout European history. There have been three main positions exemplified by Hugo Grotius, Samuel von Pufendorf and Emer de Vattel. They are, first, both the cause and the conduct of warfare must be just; second, the cause must be just, but the conduct of the war is unconstrained in order to achieve the goal of peace; and, third, we must assume justice on both sides, (...) and concentrate on ensuring just conduct in armed conflict. Each attempted to distil customary practices, which they saw in some relation to Natural Law, the ultimate source of moral obligation. Customary international law now serves the function of Natural Law in that even if treatises in which it is articulated lapse the customary constraining precepts remain, and are equally obligatory. It is contended that the relationship between just war and just conduct in war during the 20th and 21st centuries has mirrored the three classic positions, and since 9/11, with the advent of new dimensions to warfare in the war against terror, the relationship is in flux. Since 9/11 there has been a growing emphasis on jus ad bellum and a relative silence on the principles of jus in bello. Implicitly, there is an informal acceptance of something like Pufendorf’s position in which outlaw combatants are deemed to place themselves outside of the protection of customary law. (shrink)

Locke argued that religious belief ought to be compatible with reason, that no king, prince or magistrate rules legitimately without the consent of the people, and that government has no right to impose religious beliefs or styles of worship on the public. Locke’s defense of religious tolerance and freedom of thought was revolutionary in its time. Even today, his letter poses a challenge to religious intolerance, whether state-sponsored or originating from religious dogmatists. Based on both Locke’s original Latin and the (...) seventeenth-century English translation of William Popple, this edition offers a reader-friendly version that remains loyal to the original text. In addition to a forty-page introduction that situates the _Letter_ in its historical and philosophical contexts, this edition includes excerpts from writings on religious toleration by William Penn, Baruch Spinoza, Pierre Bayle, and Samuel von Pufendorf, as well as generous selections from the famous Locke-Proast debates on religious toleration. (shrink)

This was Pufendorf's first work, published in 1660. Its appearance effectively inaugurated the modern natural-law movement in the German-speaking world. The work also established Pufendorf as a key figure and laid the foundations for his major works, which were to sweep across Europe and North America. Pufendorf rejected the concept of natural rights as liberties and the suggestion that political government is justified by its protection of such rights, arguing instead for a principled limit to the state's (...) role in human life. (shrink)

The use of force in self-defense is widely regarded as morally justified. Perhaps for this reason self-defense received only sporadic attention in Western philosophy until relatively recently. In the thirteenth century St. Thomas Aquinas (see Aquinas, Saint Thomas) needed to reconcile permissible self-defense with his view that a private person must not kill intentionally; he sought to do this by distinguishing between intended, as opposed to (merely) foreseen, effects of an action and thus laid the basis of the doctrine of (...) double effect (see Doctrine Of Double Effect). Several sixteenth- and seventeenth-century philosophers discussed self-defense. Thomas Hobbes regarded self-defense as a fundamental and inalienable right (see Hobbes, Thomas). Others addressed self-defense within civil society and in relation to just war (see Natural Law; Just War Theory, History of; Locke, John; Grotius, Hugo; Pufendorf, Samuel Von). (shrink)

This Is A New Release Of The Original 1909 Edition.

At the same time as the modern idea of the state was taking shape, Hugo Grotius , Thomas Hobbes and Samuel Pufendorf formulated three distinctive foundational approaches to international order and law beyond the state. They differed in their views of obligation in the state of nature , in the extent to which they regarded these sovereign states as analogous to individuals in the state of nature, and in the effects they attributed to commerce as a driver of (...) sociability and of norm-structured interactions not dependent on an overarching state. Each built on shared Roman and sixteenth-century foundations . Section II argues: 1) that Grotius's natural law was not simply an anti-skeptical construction based on self-preservation , but continued a Roman legal tradition; 2) that Hobbes's account of natural law beyond the state was essentially prudential, not moral ; and 3) that commerce as a driver of social and moral order had a substantial and under-appreciated impact on international legal order. Each contributed to the thought of later writers such as Emer de Vattel , David Hume , and Adam Smith , and eventually to the empirical legal methodologies of Jeremy Bentham and Georg Friedrich von Martens. (shrink)

Wörterbuch zur Kritik der reinen Vernunft - Und zu den philosophischen Schriften von Herrn Kant ist ein unveränderter, hochwertiger Nachdruck der Originalausgabe aus dem Jahr 1788. Hansebooks ist Herausgeber von Literatur zu unterschiedlichen Themengebieten wie Forschung und Wissenschaft, Reisen und Expeditionen, Kochen und Ernährung, Medizin und weiteren Genres. Der Schwerpunkt des Verlages liegt auf dem Erhalt historischer Literatur. Viele Werke historischer Schriftsteller und Wissenschaftler sind heute nur noch als Antiquitäten erhältlich. Hansebooks verlegt diese Bücher neu und trägt damit zum Erhalt (...) selten gewordener Literatur und historischem Wissen auch für die Zukunft bei. (shrink)

Die meisten Philosophen stimmen darin überein, dass Kant sich dem Prinzip „Sollen impliziert Können“, bzw. „ought implies can“ (OIC), verschrieben hat. Allerdings sind sich nur wenige darüber einig, wie die Bedeutung von OIC zu verstehen ist. Außerhalb der Kant-Wissenschaft gibt es Debatten über die Bedeutung von „sollen“, die Bedeutung von „impliziert“ und die Bedeutung von „können“ in diesem Prinzip. Innerhalb der Kant-Forschung besteht kein Konsens darüber, was Kant zu diesen Themen dachte. In diesem Artikel versuche ich, diese Situation zu verbessern. (...) In Abschnitt I überprüfe ich die Sekundärliteratur zu Kants Engagement für OIC und erkläre, wo die Interpretation meiner Meinung nach schief geht. In Abschnitt II untersuche ich einige der direkten Textbeweise dafür, dass Kant eine bestimmte Version von OIC zugeschrieben wird. In Abschnitt III lege ich dar, was meiner Meinung nach die wichtigsten doktrinären Gründe dafür sind, Kant diese Version von OIC zuzuschreiben. (shrink)

RésuméDans l'article qui précède, l'auteur s'efforce, à l'intention surtout de ceux qui enseignent les Eléments, de mettre en lumière la signification et l'importance de deux ouvrages concernant la géométrie. Le court écrit de M. G. Bouligand fait apparaǐtre la structure algébrique et logique de cette science et présente une ȧxiomatique introduisant les notions d'ensemble et de groupe de transformation. Ainsi s'élabore une classification progressive des problèmes selon le genre des solutions qui leur conviennent. Le livre beaucoup plus étendu de M. (...) F. Gonseth analyse les aspects intuitif, expérimental et théorique de ce qui constituait l'élémentaire dans les traités classiques, puis expose les recherches suscitées par le postulat d'Euclide qui ont amené au développement de la méthode axiomatique. Le triomphe de l'atomisme, découvrant un monde où les notions élémentaires de la géométrie ne s'applíquent plus intégralement, vient rendre plus aigu encore le problème du fondement de la vérité géométrique et celui de la nature de l'espace. Grǎce à l'introduction de notions telles que celle de correspondance schématique et celle de modèle, la géométrie apparaǐt comme une science rationnelle en évolution et à laquelle l'axiomatique sert de critère. Mais bien loin de présenter les caractères d'une pure rationalité, cette axiomatique retient certaines données intuitives, měme dans son application aux géométries non euclidiennes; elle organise un contrǒle de nos intuitions les plus élémentaires les unes par les autres, et assure par leur intermédiaire la portée expérimentale et la cohérence de la géométrie. On assiste ainsi à une véritable mutation de l'élémentaire; mais celle‐ci n'est pas due au hasard. La méthode qui a présidé à cette transformation, dont les étapes historiques sont décrites, est clairement dégagée et il est visible qu'elle régit également les formes nouvelles de la physique dont la constitution théorique ne diffère pas essentiellement de la géométrie considérée comme la science rationnelle de l'espace. Cette méthode est le statut d'une science ouverte. Ainsi se trouve pleinement légitimé un exposé comme celui de M. Bouligand. En s'illustrant l'un l'autre, les deux ouvrages offrent des horizons nouveaux à l'enseignement, měme élémentaire, de la géométrie. La portée philosophique de ces ouvrages n'est pas moindre que leur portée pédagogique.ZusammenfassungIn der voranstehenden Besprechung möchte der Rezensent insbesondere diejenigen unter den Lesern, die die Elemente unterrichten, auf zwei bedeutende Geometriewerke hinweisen. G. Bouligands knapp gehaltene Schrift stellt den algebraisch‐logischen Aufbau dieser Wissenschaft ins Licht und bietet eine Axiomatik, die die Begriffe der Menge und der Transformations‐gruppe einführt. Ausgehend von der passenden Lösungsart gelangt der Verfasser zu einer fortschreitenden Klassifizierung der Aufgaben. In seinem viel breiter angelegten Werk untersucht F. Gonseth das in den klassischen Lehrbüchern als das Elementare angesehene vom intuitiven, experimentellen und theoretischen Gesichtspunkte aus und macht daran anschliessend mit den von Euklids Postulat ausgehenden Nachforschungen, die zur Entwicklung der axiomatischen Methode geführt haben, bekannt. Der eigentliche Siegeszug des Atomismus und die mit dieser Wissenschaft verbundene Entdeckung einer Welt, in der die grundsätzlichen Begriffe der Geometrie ihre volle Bestätigung nicht mehr erfahren, macht die Frage nach den Grundlagen der Geometrie und die nach dem Wesen des Raums besonders brennend. Die Einführung von Begriffen wie Schema und Modell lässt die Geometrie als eine in Entwicklung begriffene Rationalwissenschaft erscheinen, welcher die Axiomatik als Prüfstein dient. Letztere trägt aber durchaus nicht die Züge reiner Vernunftmässigkeit, sie hält vielmehr, selbst in ihrer Anwendung auf die nichteuklidischen Geometrien, an gewissen intuitiven Voraussetzungen fest; sie ermöglicht eine wechselseitige Kritik unserer elementarsten intuitiven Erkenntnisse unter sich und gewährleistet so die experimentelle Tragweite und die Kohärenz der Geometrie. Es findet also eine eigentliche Mutation des Elementaren statt, doch bleibt dieser Wandel nicht dem Zufall überlassen. Die Planmässigkeit, mit der er sich vollzog, wird unter Beschreibung der geschichtlichen Entwicklungsstufen klar dargelegt, womit erkennbar wird, dass er auch die neueren Formen der Physik bestimmt, die sich ja nach ihrem theoretischen Grundgesetz von der Geometrie als der rationalen Wissenschaft vom Raume nicht wesentlich unterscheidet. Eine solche Methode erfüllt das Lebensgesetz einer offenen Wissenschaft. Durch sie finden Ausführungen wie die Bouligands ihre volle Rechtfertigung. Sich gegenseitig ergänzend und erläuternd eröffnen beide Werke selbst dem Elementarunterricht in der Geometrie neue Möglichkeiten. Der pädagogischen kommt ihre philosophische Bedeutung gleich.In the foregoing article the author endeavours—especially for all who are teaching the Elements—to set forth the significance and importance of two books about geometry. Mr. G. Bouligand's short writing brings out the algebraic and logical structure of that science and presents an »axiomatic« introducing both the notions of »whole« and »group of transformation«. A progressive classification of problems is thus elaborated according to the kinds of solutions that suit them. Mr. F. Gonseth, in his far more comprehensive work, analyses the intuitive, experimental and theoretical aspects of what used to constitute the elementary in classical treatises, then states the researches raised up by Euclid's postulate and leading to the development of the axiomatic method. The triumph of atomism, discovering a world to which the elementary notions of geometry do no longer apply fully, makes it still more difficult to solve the problems of the basing of both geometrical truth and the nature of space. Thanks to his introducing such ideas as »schematic correspondence« and »model«, geometry appears as a rational science in progress using the »axiomatic« as its criterion. But far from offering the characteristics of pure rationality, such an »axiomatic« retains some intuitive bases, even when applied to non‐Euclidian geometries; it organizes a control of our most elementary intuitions by setting them against one another, and secures through their medium the experimental significance and coherence of geometry. Thus a real mutation of the elementary takes place; but it is not owing to mere chance. The method which has presided over that transformation, the historical changes and stages of which are described, is clearly shown, and it is made evident that it also determines the new forms of physics, the theoretical constitution of which does not differ essentially from geometry considered as the rational science of space. That method is the statute of an open science. So Mr. Bouligand's account is fully justified. By elucidating each other, both books open new horizons to the teaching—even elementary—of geometry. The philosophical significance of those books is of no less importance than the pedagogical one. (shrink)

From the end of the twelfth century until the middle of the eighteenth century, the concept of a right of necessity –i.e. the moral prerogative of an agent, given certain conditions, to use or take someone else’s property in order to get out of his plight– was common among moral and political philosophers, who took it to be a valid exception to the standard moral and legal rules. In this essay, I analyze Samuel Pufendorf’s account of such a (...) right, founded on the basic instinct of self-preservation and on the notion that, in civil society, we have certain minimal duties of humanity towards each other. I review Pufendorf’s secularized account of natural law, his conception of the civil state, and the function of private property. I then turn to his criticism of Grotius’s understanding of the right of necessity as a retreat to the pre-civil right of common use, and defend his account against some recent criticisms. Finally, I examine the conditions deemed necessary and jointly sufficient for this right to be claimable, and conclude by pointing to the main strengths of this account. Keywords: Samuel Pufendorf, Hugo Grotius, right of necessity, duty of humanity, private property. (shrink)

Der Band dokumentiert Beiträge zum 18. Symposium des Mediävistenverbandes, das im Frühjahr 2019 in Tübingen stattgefunden hat. Das Thema greift aktuelle Debatten über Autorschaft, Urheberrecht, Originalität und Plagiat auf, die anzeigen, dass diese Konzepte neuerdings in Bewegung geraten sind. Die Beiträge des Bandes fragen aus unterschiedlichen Fachperspektiven, ob und inwiefern die Verfahren des Umgangs mit Autorschaft zwischen Mittelalter und Moderne am Ende stärker vergleichbar sind als gemeinhin angenommen. So werden die aus der Moderne gebildeten Kategorien von Kreativität hinterfragt und unterlaufen. (...) Zugleich zeigt sich, dass eben diejenigen Kreativitätsprozesse der Moderne, die den hohen normativen Ansprüchen einer Geniekultur nicht entsprechen, nicht einfach Defizienzerscheinungen sind, sondern Variationen vielfach geübter Techniken, zu deren Verständnis die mittelalterliche Produktivität dient. Schaffen und Nachahmen sind nicht in einen "künstlerischen" Bereich der Kultur sektorierbar, sondern sie erweisen sich als Grundstruktur menschlichen Handelns auch im wissenschaftlichen, ethischen oder religiösen Feld. So liegt mit diesem Band ein starkes Plädoyer für die Anerkennung der kreativen Kraft der Nachahmung vor. (shrink)

ZusammenfassungIn diesem Artikel diskutieren wir Michel Foucaults Hauptwerke zum Thema „Wahnsinn und Psychiatrie“ von den Frühschriften bis in die siebziger Jahre. Zum einen rekonstruieren wir die globale theoretische und methodologische Entwicklung seiner Positionen im Lauf der verschiedenen Werkperioden. Zum anderen arbeiten wir Foucaults philosophische Überlegungen zum Gegenstand seiner Untersuchungen heraus. Nach der einleitenden Problemstellung zeigen wir entsprechend der neueren Forschung, inwiefern Foucaults frühe Positionen von 1954 (in der Einführung zu Binswangers Traum und Existenz sowie in Geisteskrankheit und Persönlichkeit) das spätere (...) Werk durch eine phänomenologische Deskription des Gegenstands und einen historisch-kritischen Anspruch vorbereitete. Davon ausgehend thematisieren wir die zentralen inhaltlichen und methodologischen Prämissen in Foucaults Wahnsinn und Gesellschaft von 1961. Seine Thesen zur „Abwesenheit des Wahnsinns“ in der Moderne verstehen wir als einen in sich widersprüchlichen Versuch, den Gegenstand der Untersuchung von gängigen Vorannahmen zu befreien. Anschließend situieren wir Foucaults Vorlesungen Die Macht der Psychiatrie von 1973/74 im Kontext seiner machtanalytischen Werkphase und betonen seinen erneuten Standpunktwechsel in den Annahmen zur „Produktivität“ des Wahnsinns als Machteffekt. Abschließend resümieren wir unsere Kritik im Zusammenhang mit der Rezeptionsgeschichte der dargestellten Studien und fragen nach der möglichen Bedeutung dieser Werke für die philosophische und historische Reflexion des psychiatrischen Gegenstandsfeldes. (shrink)

Instrumentalisierung ist zu einer zentralen moralischen Kategorie geworden, die über die Philosophie hinaus auch in Gesetzestexte und ethische Richtlinien eingegangen ist. Die vorliegende moralphilosophische Untersuchung beschäftigt sich mit der Instrumentalisierung von Tieren.0Anlehnend an Immanuel Kant wird argumentiert, dass Instrumentalisierung nicht per se eine negative Kategorie ist, sondern dass zwischen moralisch zulässigen und moralisch unzulässigen Formen unterschieden werden muss. In einer kritischen Würdigung zeitgenössischer kantianischer Positionen, der Tierrechtstheorie und dem Konzept der Tierwürde werden die Schwierigkeiten und Möglichkeiten einer Übertragung von Immanuel (...) Kants Verbot der vollständigen Instrumentalisierung auf die Mensch-Tier-Beziehung herausgearbeitet. Im Rahmen einer vergleichenden Analyse wird gezeigt, wie die Phänomene Instrumentalisierung, Verdinglichung und Ausbeutung von Tieren zueinanderstehen. Darüber hinaus wird ein Vorschlag unterbreitet, wie zwischen zulässigen und unzulässigen Instrumentalisierungsmodi bei empfindungsfähigen Tieren unterschieden werden kann. (shrink)

Auf welche Weise konstituieren sich Subjekte im Musikunterricht? Die Studie nähert sich dieser Frage zunächst aus einer theoretischen Perspektive: Durch die Einnahme einer subjekt- und praktikentheoretischen Perspektive findet eine kritische Auseinandersetzung mit dem Begriff der Musikpraxis statt. Ausgehend von einer Analyse musikpädagogischer Praxisbegriffe erfolgt eine Rekonstruktion der mit ihnen jeweils verknüpften Subjektbegriffe. Vor dem Hintergrund poststrukturalistischer Ansätze eines „dezentrierten Subjekts“ wird schließlich eine subjekt- und praktikentheoretische Heuristik auf Musikpraxis entwickelt. Die Praktiken der Musikpraxis werden im empirischen Teil anhand einer Untersuchung (...) von vier videografierten Unterrichtsszenen als Schauplatz von Subjektivierungsprozessen rekonstruiert. Musikpraxis wird als soziales Geschehen verstanden, in welchem sich Subjekte wechselseitig durch den konkreten Vollzug sozialer Praktiken hervorbringen. Hierdurch erlernen sich die Akteure als Subjekte des Musikunt. (shrink)