This statement by the late Franz Rosenthal is, in a sense, the uniting theme of the present volume's 35 articles by renowned scholars of Islamic Studies, Middle ...

Painless civilization is a term I coined in my Japanese book of the same title, which was published in 2003. Contemporary civilization aims to provide pleasure and comfort and eliminate pain and suffering as much as possible. This is especially evident in advanced countries. Contemporary civilization is moving toward a painless civilization. However, in a painless civilization, we are deprived of the joy of life, which is considered a fundamental source of meaning in life, and (...) we are led toward the situation of drowning in a sea of pleasure. This is a kind of dystopia, and we cannot find an easy way to escape from it. It is important to pay special attention to this aspect of contemporary civilization when we think about the future of our planet. (shrink)

Readers have found at least two distinct and perhaps contradictory accounts of civil authority in the works of Francisco de Vitoria, and some hold that Vitoria himself holds contradictory positions. This article argues that Vitoria holds one consistent position, namely that civil power is based on a necessity that is rooted in human nature, and in particular on the final cause of human life, and not on a necessity that is a result of any historical decision or process on its (...) own. Rulers receive from the community their authority, which is a power to act on behalf of the community. In general, scholars have failed to consider how Vitoria’s understanding of civil power is Aristotelian and Thomistic to the extent that it is based on the thesis that the political community is natural in a way similar to how families and individuals are natural. (shrink)

Discusses contemporary notions of the self, and examines their origins, development, and effects.

For four decades _Sources of Chinese Tradition_ has served to introduce Western readers to Chinese civilization as it has been seen through basic writings and historical documents of the Chinese themselves. Now in its second edition, revised and extended through Deng Xiaoping and Jiang Zemin--era China, this classic volume remains unrivaled for its wide selection of source readings on history, society, and thought in the world's largest nation. Award-winning China scholar Wm. Theodore de Bary -- who edited the first (...) edition in 1960 -- and his coeditor Richard Lufrano have revised and updated the second volume of Sources to reflect the interactions of ideas, institutions, and historical events from the seventeenth century up to the present day. Beginning with Qing civilization and continuing to contemporary times, volume II brings together key source texts from more than three centuries of Chinese history, with opening essays by noted China authorities providing context for readers not familiar with the period in question. Here are just a few of the topics covered in this second volume of _Sources of Chinese Tradition:_ • Early Sino-Western contacts in the seventeenth century; • Four centuries of Chinese reflections on differences between Eastern and Western civilizations; • Nineteenth- and twentieth-century reform movements, with treatises on women's rights, modern science, and literary reform; • Controversies over the place of Confucianism in modern Chinese society; • The nationalist revolution -- including readings from Sun Yat-sen and Chiang Kai-shek; • The communist revolution -- with central writings by Mao Zedong; • Works from contemporary China -- featuring political essays from Deng Xiaoping and dissidents including Wei Jingsheng. With more than two hundred selections in lucid, readable translation by today's most renowned experts on Chinese language and civilization, _Sources of Chinese Tradition_ will continue to be recognized as the standard for source readings on Chinese civilization, an indispensable learning tool for scholars and students of Asian civilizations. (shrink)

For four decades _Sources of Chinese Tradition_ has served to introduce Western readers to Chinese civilization as it has been seen through basic writings and historical documents of the Chinese themselves. Now in its second edition, revised and extended through Deng Xiaoping and Jiang Zemin--era China, this classic volume remains unrivaled for its wide selection of source readings on history, society, and thought in the world's largest nation. Award-winning China scholar Wm. Theodore de Bary -- who edited the first (...) edition in 1960 -- and his coeditor Richard Lufrano have revised and updated the second volume of Sources to reflect the interactions of ideas, institutions, and historical events from the seventeenth century up to the present day. Beginning with Qing civilization and continuing to contemporary times, volume II brings together key source texts from more than three centuries of Chinese history, with opening essays by noted China authorities providing context for readers not familiar with the period in question. Here are just a few of the topics covered in this second volume of _Sources of Chinese Tradition:_ • Early Sino-Western contacts in the seventeenth century; • Four centuries of Chinese reflections on differences between Eastern and Western civilizations; • Nineteenth- and twentieth-century reform movements, with treatises on women's rights, modern science, and literary reform; • Controversies over the place of Confucianism in modern Chinese society; • The nationalist revolution -- including readings from Sun Yat-sen and Chiang Kai-shek; • The communist revolution -- with central writings by Mao Zedong; • Works from contemporary China -- featuring political essays from Deng Xiaoping and dissidents including Wei Jingsheng. With more than two hundred selections in lucid, readable translation by today's most renowned experts on Chinese language and civilization, _Sources of Chinese Tradition_ will continue to be recognized as the standard for source readings on Chinese civilization, an indispensable learning tool for scholars and students of Asian civilizations. (shrink)

For four decades _Sources of Chinese Tradition_ has served to introduce Western readers to Chinese civilization as it has been seen through basic writings and historical documents of the Chinese themselves. Now in its second edition, revised and extended through Deng Xiaoping and Jiang Zemin-era China, this classic volume remains unrivaled for its wide selection of source readings on history, society, and thought in the world's largest nation. Award-winning China scholar Wm. Theodore de Bary--who edited the first edition in (...) 1960--and his coeditor Richard Lufrano have revised and updated the second volume of Sources to reflect the interactions of ideas, institutions, and historical events from the seventeenth century up to the present day. Beginning with Qing civilization and continuing to contemporary times, volume II brings together key source texts from more than three centuries of Chinese history, with opening essays by noted China authorities providing context for readers not familiar with the period in question. Here are just a few of the topics covered in this second volume of _Sources of Chinese Tradition:_ • Early Sino-Western contacts in the seventeenth century; • Four centuries of Chinese reflections on differences between Eastern and Western civilizations; • Nineteenth- and twentieth-century reform movements, with treatises on women's rights, modern science, and literary reform; • Controversies over the place of Confucianism in modern Chinese society; • The nationalist revolution--including readings from Sun Yat-sen and Chiang Kai-shek; • The communist revolution--with central writings by Mao Zedong; • Works from contemporary China--featuring political essays from Deng Xiaoping and dissidents including Wei Jingsheng. With more than two hundred selections in lucid, readable translation by today's most renowned experts on Chinese language and civilization, _Sources of Chinese Tradition_ will continue to be recognized as the standard for source readings on Chinese civilization, an indispensable learning tool for scholars and students of Asian civilizations. (shrink)

Since 1958 _Sources of Indian Tradition_ has been one of the most important and widely used texts on civilization in South Asia (now the nation-sates of India, Pakistan, Bangladesh, Sri Lanka, and Nepal). It has helped generations of students and lay readers understand how leading thinkers there have looked at life, the traditions of their ancestors, and the world they live in. This second edition has been extensively revised, with much new material added. Introductory essays explain the particular settings (...) in which these thinkers have expressed their ideas about religious, social, political, and economic questions. Brief summaries precede each passage from their writings or sayings. The traditions represented include Brahmanism, Jainism, Buddhism, Hinduism, Islam, and Sikhism. The book includes a chronology of Indian history from 3000 B.C. to A.D. 1858. (shrink)

_ Source: _Volume 28, Issue 1, pp 35 - 49 Three influential interpreters – Michael Oakeshott, Leo Strauss, and Carl Schmitt – note that Hobbes’s sovereign is tasked with containing the natural wills of subjects for the sake of civil peace. Yet Hobbes’s sovereign also has a mandate to govern or use his subjects for collective defence, and each suggest that the political-psychological means to ensure submission preclude and prevent the contribution of subjects towards collective ends, which would render Hobbes’s (...) commonwealth near indefensible. This paper will argue instead that Hobbes does envision a way his sovereign could harness potentia publica: the sovereign must also instil an artificial will through civil honour, an artificial will that is necessary for the defence of the commonwealth. (shrink)

Source: Author: Adewunmi James Falode This paper analyses the significant role the civil society groups played in the democratisation process in Nigeria between 1960 and 2007. The paper discovers that the CSGs made use of the conceptual mechanism in the democratisation process of Nigeria. The conceptual mechanism allowed the CSGs to inject such important concepts as accountability, rule of law, democracy, transparency, human rights and due process into the democratisation process between 1960 and 2007. These concepts were used to tackle (...) some of the major democratization challenges, such as corruption, religious crisis and governance that confronted Nigeria between 1960 and 2007. By using the historical methodology, the paper analyses the crucial role the CSGs played in both the civilian and military administrations thatgoverned Nigeria between 1960 and 2007. The central thrust of the paper is to show how the CSGs contributed to the enthronement of democracy and democratic practices in Nigeria. ]]>. (shrink)

This paper aims to clarify the nature and contents of 'civil ethics' and the source of the binding force of its obligations. This ethics should provide the criteria for evaluating the moral validity of social, legal and morally valid law. The article starts with observing that in morally pluralist Western societies civil ethics already exists, and has gradually started to play the role of guiding the law. It is argued that civil ethics should not be conceived as 'civic morals' which (...) is in fact rather 'state ethics', nor as 'public ethics' which is said to reach its perfection when it becomes law, nor as ethics applicable primarily to the basic structure of a society (political liberalism), but instead as a citizens' ethics. Subsequently the paper attempts to show what the contents of this ethics are, and which ethical theory would be able to ground its obligations. (shrink)

What is photography? -- Rethinking the political -- The photograph as the source of civil knowledge -- Civil uses of photography.

This paper examines how civil society actors in the EU utilize the political and legal opportunities provided by the EU’s fundamental rights policy to mobilize against discrimination, notably racism, and xenophobia. It emphasizes the multiple enabling roles that this policy provides to civil society associations engaged in judicial activism, political advocacy, and service delivery both at the EU and Member State levels, and assesses their effectiveness. It describes several factors that hinder the implementation of EU fundamental rights policy and reviews (...) the strategies of civil society to overcome them. It highlights the reluctance of parts of public opinion to combat ethnic prejudice, considers reactions against what at a time of crisis is perceived as a costly project of social regulation, and examines civil society responses. The data sources consist of interviews with bureaucratic and civil society actors at EU level. (shrink)

Until very recently, civil disobedience, being a deliberate infraction of the law which is politically or morally motivated, was logically interpreted by theorists as a practice rooted in the state, since the source of positive law was primarily the State. But in the context of today’s globalization, the diversification of sources of power, the emergence of international laws or rules, or simply the obsoleteness of viewing the government as a juridical model, lead one to question the relevance of resorting (...) to civil disobedience. Indeed, its strategic minimalism, which consists of non-cooperation, passive resistance or non-violence, in addition to its relative acceptance of the State and the legal framework of its discourse, seem to make civil disobedience unable to face the “global challenge” that any emancipatory movement has to confront if it wants to be efficient. This paper thus proposes a new conception of civil disobedience inspired by Nancy Fraser’s theory of “abnormal justice”, so as to take into account the transversal nature of social contestation. (shrink)

For almost fifty years, _Sources of Japanese Tradition_ has been the single most valuable collection of English-language readings on Japan. Unrivalled in its wide selection of source materials on history, society, politics, education, philosophy, and religion, the two-volume textbook is a crucial resource for students, scholars, and readers seeking an introduction to Japanese civilization. Originally published in a single hardcover book, Volume 2 is now available as an abridged, two-part paperback. Part 1 covers the Tokugawa period to 1868, including (...) texts that address the spread of neo-Confucianism and Buddhism and the initial encounters of Japan and the West. Part 2 begins with the Meiji period and ends at the new millennium, shedding light on such major movements as the Enlightenment, constitutionalism, nationalism, socialism, and feminism, and the impact of the postwar occupation. Commentary by major scholars and comprehensive bibliographies and indexes are included. Together, these readings map out the development of modern Japanese civilization and illuminate the thought and teachings of its intellectual, political, and religious leaders. (shrink)

This article explores public policy alternatives to the current war on terrorism. Western society’s vulnerability to terrorism has been dealt with primarily by expanding the law enforcement and surveillance authority of governments at the expense of the freedoms and civil liberties of the public. This approach threatens to undermine the prerequisites to meaningful democratic institutions. An alternative public policy might target high-risk technologies (civilian airlines, nuclear reactors, etc.) as the source of vulnerability to terrorism, thereby protecting civil liberties by reducing (...) or eliminating the use of such technologies. (shrink)

The argument put forward by this article is not that democratization does not benefit from the activity of a vibrant civil society, but rather that academic research should address this relationship in a critical way. This article maintains that one should take care to distinguish between 'civil society' as an ideal-type concept that embodies the qualities of separation, autonomy and civil association in its pure form, and the factual world of 'civil societies' composed of associations that embody these principles to (...) varying degrees. At the same time, one should avoid a kind of triumphalism about civil society as a necessary source of democratic energy with homogenous goals and principles; in a word, one should avoid a theory of civil society that privileges civil society (Fine 1997). A first problem seems to be mainly definitional: what is meant by civil society? By reviewing the most relevant literature on democratization, the first part of this article discusses the main assumptions regarding the role of civil society as a democratizing power, namely its apolitical nature, its deep 'civil' stand and its relationship with the state. In the second part, the article utilizes the case of South African civil society as a relevant example of how difficult and nuanced the relationship between civil society organizations and democratization can be, with special regard to the process of democratic deepening and social emancipation. (shrink)

Several months ago, an Israeli resident in emergency medicine engaged in a hunger strike to protest 26-hour shifts. His protest was part of a country-wide struggle of medical residents from all disciplines against such long shifts, arguing that they are a thing of the past, and that they harm patient care. While there is actually no evidence that long shifts harm patient outcomes, they very likely reduce civility among staff members and towards patients.1 Two kinds of strategies are possible to (...) address this likely source of incivility: expect and train residents to be kinder and more patient towards their peers and patients, or do away with long shifts. Therein lies the tension in implementing the case for civility made by McCollough et al 2 should we invest in agent-based or system-based interventions? Virtue ethics is prominent in discussions of the professional duties of healthcare providers (HCPs). A common theme that threads throughout these discussions is that HCPs ought to, or are expected to behave in a kind, patient and sensitive manner towards their peers and patients, …. (shrink)

In the millennium that is coming to an end, the world has approached a certain cardinal line. The dominant civilization has reached the peak of power, becoming global, but it is not experiencing a real catastrophe. The Christian culture, the living source of this "supercivilization", consistently gives way to new realities, other forms of organization of consciousness, although.

Avec sa succession de bouleversements institutionnels, le dix-septième siècle anglais fut un fabuleux terrain d'expérimentation et de réflexion politique d'où surgirent les grandes théories modernes. A cette période, philosophes et acteurs engagés tentèrent de penser, avec une acuité particulière liée aux événements (guerres civiles, régicide, république, dictature), les tensions inhérentes au pouvoir, tout à la fois perçu comme contraignant, tyrannique et libérateur. Quatre d'entre eux ont été retenus : Thomas Hobbes (1588-1679), le théoricien de l’absolutisme, James Harrington (1611-1677), le républicain (...) classique, Algernon Sidney (1623-1683), le martyr whig, John Locke (1632-1704), le père du libéralisme. Le propos de l’ouvrage est de montrer que, par-delà leurs différences, ces quatre penseurs partagent une approche qui constitue le socle commun d’une théorie de l’Etat moderne. Leur doctrine s’affranchit de l’exercice utopique comme de la théorie de la raison d’Etat et se conçoit comme une anatomie du corps politique. Par un examen minutieux des textes, l’auteur cherche à s’écarter de l' interprétation trop « idéologique » sans doute accentuée par les combats de l’histoire. Elle met en évidence un objet philosophique commun aux quatre auteurs, que l’on retrouve au cœur de toute conception moderne du pouvoir. (shrink)

The most comprehensive collection of Tibetan works in a Western language, this volume illuminates the complex historical, intellectual, and social development of Tibetan civilization from its earliest beginnings to the modern period. Including more than 180 representative writings, Sources of Tibetan Tradition spans Tibet’s vast geography and long history, presenting for the first time a diversity of works by religious and political leaders; scholastic philosophers and contemplative hermits; monks and nuns; poets and artists; and aristocrats and commoners. The (...) selected readings reflect the profound role of Buddhist sources in shaping Tibetan culture while illustrating other major areas of knowledge. Thematically varied, they address history and historiography; political and social theory; law; medicine; divination; rhetoric; aesthetic theory; narrative; travel and geography; folksong; and philosophical and religious learning, all in relation to the unique trajectories of Tibetan civil and scholarly discourse. The editors begin each chapter with a survey of broader social and cultural contexts and introduce each translated text with a concise explanation. Concluding with writings that extend into the early twentieth century, this volume offers an expansive encounter with Tibet’s exceptional intellectual heritage. (shrink)

Scholarship on Chinese civil society suffers from a weak theorization of the concept, in which civil society is generally defined as NGOs (non-governmental organizations) that exists in the third sector. This article examines the dimension between state and society known as ‘civil sphere’, a concept that is broader and more mysterious than the conventional notion of ‘civil society’. Civil sphere can be understood as a discursive structure that defines what is civil and what is uncivil in a society. Taking the (...) Chinese intellectual debate between the New Lefts and the Liberals as an example, this article shows that in a society that is rapidly changing, the existence of such a public sphere represents a vital source of individual freedom. Even though the civil sphere in China has been contracting lately, there are still intellectual debates on fundamental ideological issues that merit academic attention. (shrink)

This article seeks to trace the origins of the requirement that a squatter must have an intention to possess (animus possidendi) in order to establish title by adverse possession. The requirement has been confirmed by the House of Lords in the recent case of Pye (Oxford) Ltd v Graham [2003] 1 AC 419. Its origins can readily be traced back to the decision of the Court of Appeal in Littledale v Liverpool College [1900] 1 Ch 19, but there is little (...) evidence of any need for intention before that case, and no convincing authority is cited for it. Possible explanations for the source of this requirement are considered by the article (for instance cases on re-entry by landlords and the so-called ‘found chattel’ cases), but these are ultimately rejected. The article goes on to suggest that the reason for this is that the intention requirement was ‘imported’ into English law from German Pandectist writers of the nineteenth century. It suggests that Littledale was the case in which this happened. It seeks to support this hypothesis by reference to biographical details of Lindley MR, who gave the leading judgment in Littledale, and who not only trained in part in Germany but also took an active interest in German scholarship of the time. A brief survey of the relevant German sources is undertaken, focusing primarily on the work of Savigny, but also considering the rival theory of Jhering. Finally, it tracks the development and refinement of the content of animus possidendi, first by 19th century legal scholars and then by 20th century judges, to make it ‘fit’ with English property law. It seeks to address the question of whether the animus possidendi requirement is a free-standing element (the ‘strong’ will theory), or whether it is simply implied from the acts of the squatter (the ‘weak’ will theory), and suggests a solution by reference to the German sources and later English cases. Finally, it considers how the House of Lords decision in Pye reflects the logical culmination of the acceptance of this ‘legal transplant’ into the common law. (shrink)

The article outlines some aspects of the civil law in Lithuania, an Eastern European country, which underwent an essential transformation in the last decades. The author outlines the development of the Lithuanian civil law from the oldest written sources up to the adoption of the new Civil Code of the Republic of Lithuania in 2000. The author is critical about the denomination of Lithuania as a “new” state and draws attention to the history of Lithuanian law, which spans hundreds (...) of years. The article emphasizes the continuity of the legal tradition and the heterogeneity of law – the coexisting of several legal systems in the territory of one state. The article discusses the role of Roman Law in the legal system of Lithuania. Even though Roman Law has never been applied in Lithuania, the author argues that it nevertheless had an indirect influence on Lithuanian private law. Roman Law and Canonical Law were among the main sources while drafting the three codified acts, the Statutes of Lithuania, in 1529, 1566 and 1588. The knowledge of Roman Law acquired by lawyers at universities in other European countries was transmitted through drafting of the laws and the jurisdictional and administrative practices. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Sources of MemoryJeffrey Andrew Barash“What does it mean to remember?” This question might seem commonplace when it is confined to the domain of events recalled in past individual experience; but even in this restricted sense, when memory recalls, for example, a first personal encounter with birth or with death, the singularity of the remembered image places the deeper possibilities of human understanding in relief. Such experiences punctuating (...) everyday life highlight the central place of memory as a source of human identity.With a few notable exceptions, such as Henri Bergson or Maurice Halb-wachs, this central role of memory was rarely a topic of interest in the theoretical orientations of our century. It played only a peripheral role in the different philosophical orientations and in the human sciences of this century until, very recently, new attempts have been made to comprehend the significance of memory, above all in the fields of intellectual history and philosophy. Without dealing exhaustively with the bibliography of works on memory, I will mention what seem to me to be the signs of a recent renewal of questioning in this area of interest to historians and philosophers alike. This will lead me to the specific problem I will address in the pages that follow.One of the chief sources of the historian’s recent interest in memory has been the historians’ conflict (Historikerstreit) of the 1980s concerning the interpretation of the German and European past since the rise to power of Nazism and in the aftermath of World War II. As the generations who lived through and—from a given perspective—remembered these events increasingly disappear, the question concerning their precise historical meaning has reemerged with a new urgency. In this vein, for example, as the relatively new periodical History and Memory: Studies in the Representation of the Past and the collection of essays Probing the Limits of Representation: Nazism and the “Final Solution,” edited by Saul Friedlander, amply attest, the relation of memory to historical narrative is as important as it is problematic: to the extent that eyewitness memory claims a status of objectivity beyond the fictional sphere of [End Page 707] the imagination, its role in informing historical narrative involves the very issue of objectivity itself. 1Independently of this query concerning the relation of memory and history in recent scholarship focusing on the twentieth century, a number of studies have attempted to place the idea of memory in historical perspective during premodern periods. In this regard, we may cite Janet Coleman’s recently published work, Ancient and Medieval Memories: Studies in the Reconstruction of the Past and Mary Carruthers’s treatment of the subject of memory in the medieval period in The Book of Memory: A Study of Memory in Medieval Culture. 2 A number of other recent works in the field of intellectual history have attempted to grapple with the intriguing problem of the historicity of the phenomenon of memory in the West. This idea of the historicity of memory has been inspired at least in part by Pierre Nora’s essay, “Between Memory and History,” which introduced the multi-volume series he directed, Les Lieux de mémoire. In this vein, Patrick H. Hutton’s History as an Art of Memory, Matt K. Matsuda’s The Memory of the Modern, and Richard Terdiman’s Present Past: Modernity and the Memory Crisis all center on the historical transforma-tions to which, according to the different perspectives of their works, “memory” has been subject. 3 Like Nora, they link this historicity of the social and cultural role of memory to the radical transformations that Western civilization has undergone in the modern period.In a philosophical perspective David Farrell Krell’s work, Of Memory, Reminiscence, and Writing: On the Verge, presents a very different idea of the phenomenon of memory. 4 Where the intellectual historians of modernity stress the mutations in the role of memory, Krell, following in the footsteps of Jacques Derrida, emphasizes one essential line of continuity that, to his mind, has tied [End Page 708] together the tradition of philosophical reflection on memory from Plato and Aristotle up until Freud: the metaphoric reference to memory as the faculty... (shrink)

Nowadays the question of toleration is less related to an international clash of civilizations than to the clashes that take place within the states and polities themselves. The article addresses the sources of toleration in this new global scenario, starting from the following set of questions: Do the sources of toleration differ across time and space? Does toleration have different roots in different civilizational contexts, such as China, India or Islam? Or, is toleration the result of particular institutional (...) frameworks and designs? In this case, does the concept of toleration vary from one institutional setting to the other? Do empires, republics and democracies give rise to different forms of toleration? And last but not least, isn’t toleration rather a matter of individual morality, as many liberal theories sustain? The article distinguishes between three different sources of toleration: individuals, cultures and institutions. Kant and contemporary liberals, as John Rawls who follows him, situate t... (shrink)

Today civil society groups are important actors on the international stage. Nongovernmental organizations (NGOs) have taken roles that traditionally have been the sole province of states or intergovernmental institutions. NGOs are not bound to act in the public interest. Neither are their actions justified by formal democratic procedures, as is the case with states. Therefore, questioning the legitimacy of their actions is a crucial thing to do. This article presents the results of empirical research on the legitimacy of internationally operating (...) NGOs (INGOs). From the interview data seven types of legitimacy are distinguished. These do not give us a comprehensive categorisation of sources of legitimacy; rather they provide tools to counterbalance existing views of legitimacy. The aim is to develop concepts for evaluating the legitimacy of INGO activities which are grounded in theory as well as in practice. Before analysing the empirical results concerning NGO legitimacy, some views on civil society will be discussed with a focus on the problem of legitimacy. (shrink)

Le Projet kantien d’une paix perpétuelle fondée sur le droit trouve son origine dans les différents débats et thèmes de la philosophie juridico-politique et des relations internationales des Modernes (guerre juste, contrat entre États, paix perpétuelle, etc.). Kant les systématise dans son idée cosmopolitique visant à construire la paix suivant trois niveaux d’intégration du droit public : le niveau intraétatique, le niveau interétatique et le niveau transnational ou cosmopolitique. Cette triple intégration fonde l’identité cosmopolitique, et répond au premier souci de (...) Kant de construire juridiquement la paix en unissant les États afin de mettre fi n à l’état de nature éthique qui demeure présent même après la formation de la société civile. Cet état de nature éthique peut prendre plusieurs formes (violences, guerres, terrorisme, esclavage, etc.), et il est accentué par la méconnaissance du caractère multiculturel et pluriel de nos sociétés. La vitalisation de l’identité cosmopolitique passe par une cosmopolitisation basée sur la tolérance culturelle ; sur notre humanité partagée et plurielle ; et sur l’accueil quotidien de l’autre homme au nom de son humanité. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:In Dialogue:The Principle of Civility in Academic DiscourseForest HansenSeveral months ago New York Times columnist David Brooks addressed the lack of civility in recent public discourse. "So... you get narcissists who believe they or members of their party possess direct access to the truth.... You get people who prefer monologues to dialogue.... You get people who... loathe their political opponents."1One might think that by contrast academia, and especially academic (...) publications, would provide a bastion of civil discourse. Alas, even academia has been infiltrated. At least it so appears to me when I read some of what has been recently published in the name of the philosophy of music education.I find that disheartening.However one defines "philosophy," it minimally entails raising questions whose answers are reasonably debatable. The key word here is "reasonably." Those who are committed to philosophical activity criticize positions they oppose by formulating arguments, giving examples, calling on accepted facts, clarifying the meaning of terms, and bringing to bear the principles of formal and informal logic. And thus they open themselves to counter-criticism of the same [End Page 198] sort. Nowhere in this enterprise is there need—or room—for invective, sarcasm, name-calling, ad hominems, or any other kind of personal abuse. One might call this The Principle of Civility in Academic Discourse.Philosophy differs in this respect from polemics. In one of its senses "polemics" means "the art or practice of disputation or controversy," and so seems a close cousin to philosophy. However, while "philosophy" traces its etymological roots to "love" and "wisdom," "polemics" is derived from "war." Polemics is a kind of verbal warfare. Typically polemicists are willing to use any tool at their disposal—even underhanded ones—to "win" the war of ideas. Polemics in this usual sense dispenses with objectivity and fairness (though it may make such a pretense). In fact, people who mount personal attacks thereby reveal their lack of philosophical tools and diminish their argument.Distinguishing philosophy from polemics does not mean that all philosophical claims are equal. Some positions are stronger than others, some weaker. Some can be dismissed relatively out of hand if they are illogical or do not square with normal experience. But even when positions are inadequate, the persons who advance the positions deserve to be treated with courtesy, respect, and collegiality.Typically, people trained in philosophy assimilate this principle as a matter of course. They have learned that over the centuries great minds have disagreed about every philosophical issue—whether the make-up of ultimate reality, the nature and sources of knowledge, the existence of god, the justification of morality. So too with what the nature of music is, what music should be taught and how, what is the purpose of music education.No one has a corner on the answers to such questions. The floor should always be open to debate—to consideration of new proposals and reconsideration of old ones. In disciplines where some matters are more or less settled (as in natural science and mathematics), such arguments disappear and new quests hope to find new settled answers. But in philosophy, more fundamentally than in any other traditional academic discipline, the discussion, the reasoned argumentation, is ongoing.Many years ago Douglas Morgan, in his essay "Must Art Tell the Truth"2 eloquently captured this spirit of philosophy:Philosophy is itself to be conceived as an invitational, dialectical activity rather than as any system of dicta. A philosopher can be thought of as [one] who, far from commanding assent with any thunderous barrage of argumentative artillery, invites you to think [about] the world or some aspect of it in a somewhat different way. "Come in," [the philosopher] says cordially, "and welcome. Sit down. Let me mix you an idea. Sip this thought, and tell me how your own experience looks. If you should find my way of construing our [End Page 199] world unappetizing or unpromising, pray show me your way. Let us once again in the good old Greek way, dia-lego, talk it through together."Finally, The Principle of Civility in Academic Discourse ought to be conveyed in our classrooms, as we foster new generations in... (shrink)

Hobbes takes the low view of human nature. He depicts most men as mean, petty, and fearful. He also rejects the traditional view that morality is the pursuit of certain gods that are objective. By contrast, Hobbes says that all goods are relative, and thus that all obligations must be self-imposed. He also claims that no man can have a duty to do anything for which he does not have a sufficient motive. On this basis he constructs a political doctrine (...) of absolute sovereignty as the most reliable method of satisfying the human need for security and comfort. The distinction between Christian politics and civil philosophy is based on Hobbes's recognition of two independent and complementary sources of truth, divine revelation and natural reason. (shrink)

Traditionally dated from the 8th to the 14th century, historians generally agree on the period of the golden age of Islamic civilization. They count that the keys to this civilizational achievement laid on the flourishing educational institutions, scientific findings, and the births of influential Muslim scholars. This article tries to reframe the significance of education in the creation of Islamic golden age and offer a brief reminder to the importance of education for contemporary Muslim societies. It is a bibliographical (...) study for the materials for the discussion are taken from books, journal articles, and other written sources related to the topic. The collected data were then analyzed by content analysis. This article argues that the state policies on education is the key for the past Muslim golden age. Scientific culture ranging from namely research tradition, translation tradition, reading tradition to scientific habitus are essential in the making of Muslim golden age. This historical records reserves as a reminder for contemporary Muslim to reestablish the past golden age that lies on the reformation of educational system. (shrink)

This volume provides a critical roadmap through the major historical sources of legal semiotics as we know them today. The history of legal semiotics, now at least a century old, has never been written (a non-event itself pregnant with semiotic possibility). As a consequence, its sources are seldom clearly exposed and, as word, object and meaning change, are sometimes lost. They reach from an English translation of the 1916 inaugural lecture of the first Chair in Legal Significs at (...) the Amsterdam University, via mid 20th century studies on "property" or "contract," to equally fascinating essays on contemporary semiotic problems produced by former students of the Roberta Kevelson Semiotics Roundtable Seminar at Penn State University 2012 and 2013. Together, the materials in this book weave the fabric of semiotics and significs, two names for the unfolding of semiotics in law and legal discourse at least until the second half of the 20th century, and both of which covered a lawyer's focus on sign and meaning in law. The latter is embedded within the cultural imperatives of the civilization that gave these terms meaning and made them an effective tool for the dissection of law, its reconstitution as an instrument to be used by the lawyer to advance the interests of her clients, and for judges as a means to restructure language as a narrative of law whose power could bend behavior to its strictures. Legal semiotics has become an indispensible part of the elite lawyer's toolkit and a fundamental approach to analysis of legal texts. Two previous volumes published in 2011 and 2012 explored the conceptual, methodological and epistemological progress in the field of legal semiotics, the modern forms of semiotics study, and the mechanics of meaning making processes by lawyers. Yet the great lessons of semiotics requires a focus on the origins of the concepts and frameworks that would become contemporary legal semiotics, its origins as an object of the consciousness of meaning making-one whose roots, as lessons for the oracular conversations of law, are expanded in this volume. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:What Happened to Civility: The Promise and Failure of Montaigne's Modern Project by Ann HartleVicente Raga RosalenyHARTLE, Ann. What Happened to Civility: The Promise and Failure of Montaigne's Modern Project. Notre Dame, Ind.: Notre Dame University Press, 2022. ix + 178 pp. Cloth, $100.00; paper, $30.00Why are we witnessing increasing social polarization in Western societies? What has happened to make our liberal democracies so ideologically charged? Professor Ann (...) Hartle's book tries to answer these and other questions in line with the concept of civility that, according to her thesis, Michel de Montaigne created in early modernity and that is about to disappear in our day. Not in vain is Montaigne the protagonist of this book, given that Professor Hartle is a world-renowned specialist on the author of the Essays, although in this case she is interested in the transformations that gave rise to modernity in order to understand our present day. She reads Montaigne for a better interpretation of some central problems of our time, such as the difficulty to speak freely that is experienced on university campuses and, in general, the increasing politicization of our civil societies.Thus, in the first place, Professor Hartle's work interrogates the origins of civility, the social bond created in modernity. To this end, she exposes what happened in the time of Montaigne, when societies, based on the classical and Christian tradition, were plunged into a general crisis. This is what the French essayist detected, and it led him to propose a new type of bond. For this, it is necessary to free oneself from tradition, which had legitimized the division between masters and slaves, the source of all conflicts.Montaigne's movement is philosophical in character: It consists of a split carried out in his Essays between the natural human being and the philosophical observer, which leads to a break with traditional moral standards, identified with Nature. The new human being, thus unfolded, can choose his own hierarchy of values and address the good he chooses with his own will (although this will be a will purified of particularisms, without excessive self-esteem). Such self-awareness, achieved by Montaigne as an accidental philosopher, is concretized in the predominance of the concept of judgment, in the ability to freely choose our possibilities (and not ends dictated by Nature).The new world thus created, Hartle explains, gave rise to the liberal order. It is true that Montaigne was not a theorist, but in his work it is possible to find the rupture of the traditional hierarchy between masters [End Page 351] and slaves, now considered as equals before the law, which is above all, and which is the fruit of reason. In this civil society, human beings no longer dominate each other, and each peacefully pursues his purposes. It is the state, as the embodiment of the law, that regulates everything, except the space of freedom gained with the emergence of the modern public sphere.In this context, the concept of authenticity makes sense, which, according to Professor Hartle, is the best reflection of the breakdown of the traditional order and the disappearance of its moral community. Now each individual pursues his purposes and is no longer to fulfill the ends of a universal human nature. That is why the bond of civility, in which the absolute autonomy of the subject is recognized, as well as his equality before the law, replaces the moral ties of the traditional community and its hierarchies. It is the French thinker who best exemplifies this transit, by showing himself openly in his Essays as a common subject who pursues his purposes and who relates to others as equals, no longer as someone superior, capable of disputing merit, and dominating others.However, this new society and its civil bonds are in crisis; civility fades, or that is Professor Hartle's pessimistic conclusion. Today we are witnessing an ideologization of previously depoliticized areas, such as the university, with the demand for the use of politically correct language and the fear of expressing oneself freely, especially when one's own opinions do not align with the current political trends. The failure... (shrink)