Interrogations and elections were two branches of Arabic judicial astrology made available in Latin translation to readers in western Europe from the twelfth century. Through an analysis of the theory and practice of interrogations and elections, including the writing of the Jewish astrologer Sahl b. Bishr, this essay considers the extent to which judicial astrology was practiced in the medieval west. Consideration is given to historical examples of interrogations and elections mostly from late medieval English manuscripts. (...) These include the work of John Dunstaple , the musician and astrologer who is known have served at the court of John, duke of Bedford. On the basis of the relatively small number of surviving historical horoscopes, it is argued that the practice of interrogations and elections lagged behind the theory. (shrink)

Al-Kindlidlid's œ;uvre. Two appendixes give respectively details of the manuscripts of the Arabic text and the two Latin translations, and an edition of a specimen chapter from these three versions.

This article discusses three aspects of the history of astrology in seventeenth-century Peru that are of larger interest for the history of science in Latin America: Creole concerns about indigenous idolatry, the impact of the Inquisition on natural philosophy, and communication between scholars within the Spanish colonies and the transatlantic world. Drawing mainly on the scholars Antonio de la Calancha, Juan de Figueroa, and Ruiz de Lozano, along with several Jesuits, the article analyzes how natural and medical astrology (...) took shape in Peru and how they fostered astronomical investigations of the southern skies. While natural and medical astrology, showing New and Old World influences, oscillated between orthodoxy and heterodoxy, and between scholasticism and new science, judicial astrology remained undeveloped. Toward the end of the seventeenth century the discourse about astrology took an unexpected turn, reflecting a newly invigorated moral and Christian reading of the heavens that was in part a response to a deep-rooted dissatisfaction with the failure of the extirpation of idolatry campaigns. Inscribing divine and cardinal virtues, the Virgin Mary, Christian saints, and Greco-Roman allegories into the heavens was considered a way to finally solve the problem of idolatry and to convey Creole greatness. (shrink)

Astrology, its legitimacy, and the limits of its acceptable practice were debated in sixteenth- and seventeenth-century Europe. Many of the related arguments were mediated by the work of Giovanni Pico della Mirandola and the responses to it. Acknowledging the complexities of the relationship between astrological ideas and Christian teachings, this paper focuses on the Catholic debates by specifically considering the decisions about astrology taken by the Spanish Inquisition. The trials of astrologers are examined with the aim of understanding (...) the role of experts in astrology in early modern Spain. This study brings into view the specific nature of the debate on astrology in Spain, the consequences of the actions of the Inquisition and the social control it exerted. The historical events discussed comprise a particular case and also mirror the general debates about astrology taking place in early modern Europe. The experts’ opinions expressed in trials and in reports about the discipline received by the Inquisition reveal two key traits of the debate: the dispute about who had the authority to decide on the legitimacy of astrology and the disagreement about what constituted natural and judicial astrological practices. These led to different opinions about what was to be done with each defendant and about what content in their books ought to be forbidden. (shrink)

The author examines the question of Galen's affinity with astrology, in view of Galen's extended astrological discussion in the De diebus decretoriis . The critical passages from Galen are examined, and shown to be superficial in understanding. The author performs a lexical sounding of Galen's corpus, using key terms with astrological valences drawn from the Critical Days, and assesses their absence in Galen's other works. He compares Galen's astrology with the astrology of Ptolemy's Tetrabiblos, and evaluates their (...) respective strategies of scientific reasoning. Three types of inference are introduced and applied to Galen's astrology. Finally, he concludes that the empirical side of Galen's science does not depend upon astrological methods or concepts, but that these were introduced for their rhetorical effect in presenting his new medical methodology. It is suggested that continued attention to Galen's astrology has obscured the truly important empirical scientific method that Galen developed. (shrink)

The 14th-century plague tractate by Augustine of Trento addresses the matter of plague before the Black Death. The text aims both to predict plague epidemics and to prevent the disease’s spreading. The author attempts to forecasts the outbreak of plague epidemics thanks to the methods of judicial astrology. He also advises hygiene rules and dietary precepts in order to counter the spread of the disease. Moreover, Augustine makes clear that astrological knowledge and techniques serve medical purposes and medical (...) practice can benefit from astrology. In fact, he discusses the topic of medical prognostication and defends the idea that medical practice should not be empirical but guided by astrological principles. The treatise draws on the major astrological and medical sources of Greek and Arab origin and contains references to contemporary masters of medicine. The article updates the author’s biography, examines the manuscript tradition, analyzes the two redactional stages of the text, and provides a new critical edition. (shrink)

SummaryThis paper reassesses the importance of the Benedictine monasteries of St Benoît of Fleury and St Mesmin of Micy (both on the outskirts of Orléans), and the Cathedral of Chartres for the early diffusion of Arabic learning concerning the astrolabe, and it relates this diffusion to that of the judicial astrology of ‘Alchandreus philosophus’ and the astronomical tables of the Preceptum canonis Ptolomei. Evidence is given for the fact that already, by the turn of the millennium, the elements (...) were in place for a corpus of a new, mathematically based, practical science of the stars, consisting of works partly of Arabic and partly of Greek inspiration. This corpus was progressively revised and inspired, in turn, further translations from Arabic, until it reached its most mature form in the mid-twelfth century. Until recently, scholarship has tended to concentrate on the cathedral schools of North-east France and Lotharingia, and the monastic schools of South Germany, and to see Gerbert d'Aurillac, the Archbishop of Reims, as the pivotal figure. While these schools were undoubtedly important in the diffusion of the new science of the stars in the eleventh century, it is argued that a key role in the initial stages of the diffusion was played by the interrelated centres of Fleury, Micy and Chartres at the beginning of the century, and Gerbert may not have contributed as much as has been believed. Additional sections are devoted to the authorities in this corpus, ‘King Ptolemy’ and ‘Alchandreus’. A reworking of the Arabic material on the construction of the astrolabe by Ascelin of Augsburg was copied into this corpus. The text has previously been known from only one manuscript; a new edition, from five manuscripts, is provided here, together with a translation and commentary. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The English Polydaedali:How Gabriel Harvey Read Late Tudor LondonNicholas PopperHarvey and GauricoIn 1590 Gabriel Harvey read his copy of Luca Gaurico's 1552 Tractatus Astrologicus, a collection of genitures and commentaries for cities and individuals.1 Harvey had spent the previous twenty-five years at Oxford and Cambridge, mastering Greek and Latin, earning renown as a rhetorician, and promoting English letters. He was a well-known partisan of the French Calvinist Peter Ramus, (...) whose works on curriculum reform had sparked vicious [End Page 351] controversies in the English universities. But Harvey read Gaurico far removed from the schools where he had acquired fame and notoriety as an orator and poet. He had recently relocated to London, where he daily faced a dense, active city unlike his native Saffron Walden and the university towns. Nevertheless he read as he always had, carefully recording his reactions in the margins of the printed text, filling blank spaces with his own commentaries on the subjects presented by Gaurico. The notes disclose an experience of reading that intervened in contemporary debates regarding technology, astrology and utility.2 They also place Harvey among a group of scholars in London in the 1590s, such as Francis Bacon and Hugh Plat, who were examining the benefits local artisans might offer the commonwealth and reconsidering the intellectual status of craft knowledge.Harvey read and annotated Gaurico on several occasions, but the particular strain of notes that I will follow, united by a common ink and hand, engages the learning and erudition of Gaurico's subjects.3 Concentrated almost [End Page 352] exclusively in Book Four, which discussed learned men, these annotations evaluate the poets, philosophers, philologists, and others whom Gaurico had canonized as especially learned.There are only spare annotations prior to Book Four. On the title page of Book Two, devoted to churchmen, Harvey observes the quality of the individuals Gaurico presented and details his own method of evaluation:The most excellent Exemplars of this century [are] in Gaurico, and Cardano: Giovio, and Guiccardini. There are as many of the wisest men as of the greatest actors. Still others live, whether inferior, equal, or superior. And it is of interest to every skillful artificer, to know those most outstanding in their class, and the most celebrated professors of all. Certainly it is very profitable to observe exquisitely the most perfect artificers either of the world or of neighboring nations, or at least of your own people, and to consider with most cunning reason what it is, where it comes from, and what is most excellent. But seriously, and solidly, and always to the point, seeing that singular things are efficacious and are useful to polytechnoscopy. It is judicious to avoid all trivial detail, and to consider only the most pregnant theorists and practitioners of operating.4The notion of a sophisticated form of active knowledge labeled "polytechnoscopy" is the most striking element of this passage. This term seems to have been Harvey's own invention, with no direct precedents; nor was it adopted or used by others after him.Harvey repeatedly referred to polytechnoscopy in his notes. A carefully designed triptych annotation on the title page of Book Four clarifies it as a category uniting practice and knowledge. To the left Harvey wrote, "it is my task to observe the most excellent examples of this age which are useful for polytechnoscopy." On the right, "a polytechnic, polymechanic, polydaedalic, and almost panepistemic book; and likewise sufficiently polychristian. For philologists should be skimmed through; while polytechnics should be examined closely; as I did not only in the Lives of Giovio, but also in those of [End Page 353] Laertius, Eunapius, Philostratus, and others."5 The related Greek descriptors "polymechanic" and "polydaedalic" shed further light on polytechnoscopy. This constellation of terms refers to a method of garnering information by deploying technical knowledge. While not a systematic discipline, its practices—active applicability, craft expertise, observation of experience—constitute a significant realm of learning.In the central panel of the triptych, Harvey notes:[I] compared [this] to Giovio's Elegies of Learned Men. Give me the best man outdoors, and his image at home. For even true life is... (shrink)

The Council on Ethical and Judicial Affairs of the American Medical Association examines physicians’ professional ethical responsibility in the event that the security of patients’ electronic records is breached.

Using astrology as a case study, this paper attempts to establish a criterion for demarcating science from pseudoscience. Numerous reasons for considering astrology to be a pseudoscience are evaluated and rejected; verifiability and falsifiability are briefly discussed. A theory is said to be pseudoscientific if and only if (1) it has been less progressive than alternative theories over a long period of time, and faces many unsolved problems, but (2) the community of practitioners makes little attempt to develop (...) the theory towards solutions of the problems, shows no concern for attempts to evaluate the theory in relation to others, and is selective in considering confirmations and disconfirmations. This criterion has the interesting consequence that a theory can be scientific at one time but pseudoscientific at another. (shrink)

author. University Professor in the School of Law, Columbia University. (From July 2006, Professor of Law, New York University.) Earlier versions of this Essay were presented at the Colloquium in Legal and Social Philosophy at University College London, at a law faculty workshop at the Hebrew University of Jerusalem, and at a constitutional law conference at Harvard Law School. I am particularly grateful to Ronald Dworkin, Ruth Gavison, and Seana Shiffrin for their formal comments on those occasions and also to (...) James Allan, Aharon Barak, Richard Bellamy, Aileen Cavanagh, Arthur Chaskalson, Michael Dorf, Richard Fallon, Charles Fried, Andrew Geddis, Stephen Guest, Ian Haney-Lopez, Alon Harel, David Heyd, Sam Issacharoff, Elena Kagan, Kenneth Keith, Michael Klarman, John Manning, Andrei Marmor, Frank Michelman, Henry Monaghan, Véronique Munoz-Dardé, John Morley, Matthew Palmer, Richard Pildes, Joseph Raz, Carol Sanger, David Wiggins, and Jo Wolff for their suggestions and criticisms. Hundreds of others have argued with me about this issue over the years: This Essay is dedicated to all of them, collegially and with thanks. (shrink)

Abstract: Many astrologers attribute a successful birth-chart reading to what they call intuition or psychic ability,where the birth chart acts like a crystal ball. As in shamanism,they relate consciousness to a transcendent reality that,if true, might require are-assessment of present biological theories of consciousness.In Western countries roughly 1 person in 10,000 is practising or seriously studying astrology, so their total number is substantial. Many tests of astrologers have been made since the 1950s but only recently has a coherent review (...) been possible. A large-scale test of persons born less than five minutes apart found no hint of the similarities predicted by astrology. Meta-analysis of more than forty controlled studies suggests that astrologers are unable to perform significantly better than chance even on the more basic tasks such as predicting extraversion. More specifically,astrologers who claim to use psychic ability perform no better than those who do not. The possibility that astrology might be relevant to consciousness and psi is not denied, but such influences, if they exist in astrology,would seem to be very weak or very rare. -/- . (shrink)

Some philosophers assert that astrology is a false theory. The simplest way to argue against all astrology is to identify a proposition that any kind of astrology must be committed to and then show that this proposition is false. In this paper I draw attention to some misconceptions about which propositions are essential to astrology.

Courts do many good things. Judges carefully consider individual claims and arguments,1 and contrast them against the law in light of evidence. Their decisions are argued for, are public, and can be contested in form and content in different hierarchical stages. Additionally, and among other things, these practices are said to contribute to the will-formation of the public sphere and improve the quality of the legislative process.2.

Critical edition of the earliest known astrological autobiography. The present book reveals the riches of the earliest known astrological autobiography, authored by Henry Bate of Mechelen (1246-after 1310). Exploiting all resources of contemporary astrological science, Bate conducts in his Nativitas a profound self-analysis, revealing the peculiarities of his character and personality at a crucial moment of his life (1280). The result is an extraordinarily detailed and penetrating attempt to decode the fate of one's own life and its idiosyncrasies. The Astrological (...) Autobiography of a Medieval Philosopher offers the first critical edition of Bate's Nativitas. An extensive introduction presents Bate's life and work and sheds new light on the reception and use of Greek, Latin, Arabic, and Hebrew texts among scholars in Paris at the end of the 13th century. The book thus provides a major new resource for scholars working on medieval science, autobiography, and notions of personhood and individuality. (shrink)

During most of Copernicus's life he was an inhabitant of political settings rather than scientific settings. His settings from 1492 to 1500 offered him a large amount of information about astrology. Most of Copernicus's known significant contacts at the Jagiellonian University had expertise in astrology, in some cases at national level. Information was available to Copernicus about the inaccuracies and the difficulties of astrological practice as well as about a notably successful astrologer-patron relationship. The experience of astrological practice (...) that was available to Copernicus in Bologna ranged from the benign to the potentially dangerous, and his departure from Bologna was contemporary with the threat of military reprisals against the town which appeared to show the incorrect outcome of the relevant prediction in Domenico Maria di Novara's prognostication for 1500. After this date Copernicus no longer participated in roles in which prognostication was a duty, he generally inhabited locations that were less potentially dangerous than Bologna was in 1500, and while at some later points he was keen to interest astrologers in his astronomical work, astrology is completely absent from his own explanations of the reasons for his astronomical work. (shrink)

In this paper I examine the presence of rape myths and gender stereotypes, and the norms of sexuality they reflect and reinforce, in Croatian rape laws, as exemplified by the recent practice of the Zagreb County Court. I begin with a general discussion of the gendered myths and stereotypes that have shaped the content and application of the criminal law of rape everywhere. I then briefly introduce the definition of rape under the 1997 Croatian Criminal Code which was in force (...) at the time of my research, after which I proceed to the critical analysis and the assessment of the Zagreb County Court practice. Next, I turn to the changes in the new Criminal Code to see how they address the identified problems. I offer a model of an affirmative consent standard, based on a communicative model of sexuality, which values reciprocal responsibility, communication and mutuality of sexual desire. I argue that this standard has greater potential to challenge rape myths and gender stereotypes and to promote sexual freedom and gender equality. (shrink)

Can the evidence provided by software systems meet the standard of proof for civil or criminal cases, and is it individualized evidence? Or, to the contrary, do software systems exclusively provide bare statistical evidence? In this paper, we argue that there are cases in which evidence in the form of probabilities computed by software systems is not bare statistical evidence, and is thus able to meet the standard of proof. First, based on the case of State v. Loomis, we investigate (...) recidivism predictions provided by software systems used in the courtroom. Here, we raise problems for software systems that provide predictions that are based on bare statistical evidence. Second, by examining the case of People v. Chubbs, we argue that the statistical evidence provided by software systems in cold hit DNA cases may in some cases suffice for individualized evidence, on a view on which individualized evidence is evidence that normically supports the relevant proposition (Smith, in Mind 127:1193–1218, 2018). (shrink)

Constitutional Charters or Bill of Rights have been applauded because of the protection they provide to minorities and also in ensuring and protecting fundamental rights, however, Charters have been criticized for being considered morally and politically objectionable. The author responds to Charter critics most serious objections and offers some reasons for adopting an alternative framework.

Ah, emojis ☺. Some enthusiastically speak of them as a new universal language. In 2015, the Oxford English dictionary crowned one of them as its word of the year. Sixty million are exchanged daily on Facebook. Along with emoticons and various other smileys, emojis are now part of daily communications. Visual add-ons or superscript, they are meant to indicate intent or add emotions to written messages, which do not benefit from the tone or body language of the interlocutor. As such, (...) they present themselves as tools for clarification, but one can wonder if they do not, too, introduce uncertainty in language. Aimed at barristers as well as jurilinguists, this paper seeks to underline some design and perception biases that can hinder communication, with a focus on rules of evidence and legal methodology. Empirically rooted in Canadian case law, the findings resonate in other jurisdictions, as emojis, indeed, are a global phenomenon. (shrink)

While the link between navigation and astronomy is quite evident and its history has been extensively explored, the prognosticatory element included in astronomical knowledge has been almost completely left out. In the early modern world, the science of the stars also included prognostication known today as astrology. Together with astronomical learning, navigation also included astrology as a means to predict the success of a journey. This connection, however, has never been adequately researched. This paper makes the first broad (...) study of the tradition of astrology in navigation as well as its role in early modern globalization. It shows how astrological doctrine had its own tools for nautical prognostication. These could be used when dealing with the uncertainty of reaching the desired destination, to inquire about the condition of a loved one, or an important cargo. It was widely used, both in time and geographical context, by navigators and cosmographers for weather forecasting and elections for the start of a successful voyage. (shrink)

In this paper I argue, from the point of view of a legal positivist conception of law and its associated approach to legal interpretation, that having a ‘democratic Bill of Rights’ as a basis for enacting ‘human rights legislation’ is more legitimate and likely to be more effective with respect to promoting human rights than the contemporary model of using ‘juridical Bills of Rights’ as a basis for modifying or overriding enacted legislation.Resumen:Desde una concepción positivista del derecho y su respectivo (...) enfoque hacia la interpretación jurídica, en este artículo se argumenta que el tener un “Bill of Rights democrático” como base para expedir una “legislación de derechos humanos” resulta ser más legítimo y más efectivo para la promoción de los derechos humanos, que el modelo contemporáneo de “Bill of Rights jurisdiccionales” que sirve para modificar o invalidar la legislación promulgada. (shrink)

The Wisconsin Supreme Court, after adopting the doctrine of the objective patient standard, expanded it in bold and innovative ways over nearly four decades, until the Wisconsin legislative and executive branches drastically reversed this course. The saga has implications for other jurisdictions considering adoption or expansion of the objective patient standard doctrine.

El 1 de febrero de 1982 se constituyeron en la Archidiócesis de Sevilla los Tribunales Interdiocesanos de Primera y Segunda Instancia. Se trata de Tribunales Eclesiásticos de Justicia extracanónicos, que se originaron primero en Italia según el Motu Propio 'Qua Cura' de Pío XI, y luego se extendieron a la Iglesia en general, para integrarse finalmente en el actual Derecho Canónico. Este ensayo describe el desarrollo y la naturaleza de estos Tribunales de Justicia, así como su funcionamiento en la Archidiócesis (...) de Sevilla. (shrink)