The purpose of the present study is the understanding of Gentili's position on the law of the sea as expressed in his classic De iure belli . The key constitutive elements turn out to be: 1) the idea of the sea as 'res communis' to all mankind, which amounts to the concept of 'freedom of the sea'; 2) 'jurisdiction' of the coastal state on the adjacent sea, even on the high seas, in order to police crime and prevent/punish piracy. As (...) such these two key elements, if taken in isolation, are rooted in the civil law tradition, but their true meaning can only be captured by placing them in the intellectual framework of which they constitute an integral part. Firstly, the epistemic structure of discourse hinges on the new science of natural jurisprudence, as applied to the subject of 'ius gentium bellicum'; secondly, the constituent theoretical languages emanate from a distinctive combination of civil law, scholastic-theological and humanist traditions. This procedure enables us to highlight the strikingly original and distinctly modern traits of Gentili's perspective on the law of the sea, which emerges as a corollary of his project of international/global order. A project that is based on the crucial notion of 'respublica magna' of mankind, a notion encompassing the two notions of 'freedom' and 'jurisdiction' that constitute and define the legal regime of the sea.The Stoic humanist notion of universal human society as 'corpus unum' implies, first of all, 'freedom of intercourse', or 'ius communicationis', to start from 'free passage' and 'freedom of commerce'. It is in the context of his argument about these basic freedoms that Gentili is finally led to discuss the subject of the 'law of the sea'. But, not only the concept of 'res communis', or 'freedom of use', but also the concept of 'jurisdiction', or 'protection', are strictly related to the same foundational concept of 'respublica magna'. This is a crucial characteristic of Gentili's approach to world order that is proved by reference to two cardinal points of his new 'cosmopolitan justice': 1) the 'international right to punish', as exemplified by the legitimacy of the wars of 'humanitarian intervention' and of the wars in support of the 'common law of mankind'; 2) the 'occupation of vacant land', which again underlines the relevance of the principle of 'jurisdiction' by striking a balance between the principle of 'free use' of nature and the 'jurisdiction' of the local ruler.Such a reconstruction definitely rejects the traditional image of Gentili as a supporter of 'maritime protectionism', on the ground of his Advocatio Hispanica published posthumously in 1613 and containing his pleadings as Spanish advocate before the Court of Admiralty. The guiding assumption here is that the book is strictly of a forensic character and as such devoid of any coherent theoretical substance. To the contrary, in his De iure belli, far from anticipating the English position in favour of 'mare clausum', Gentili tends to anticipate the essentials of Grotius' position, especially at the level of the ethic of the 'modern cosmopolis' and the related theme of colonial empire. On this very plane of discourse, Gentili's thinking transcends the so-called battle of the books and emerges as especially significant in illuminating the wider and deeper intellectual currents that contributed to the development of what were to become basic standard positions of modern international theory. (shrink)

This book addresses a wide range of topics relating to the properties and behavior of condensed matter under extreme conditions such as intense magnetic and electric fields, high pressures, heat and cold, and mechanical stresses. It is divided into four sections devoted to condensed matter theory, molecular chemistry, theoretical physics, and the philosophy and history of science. The main themes include electronic correlations in material systems under extreme pressure and temperature conditions, surface physics, the transport properties of low-dimensional electronic systems, (...) applications of the density functional theory in molecular systems, and graphene. The book is the outcome of a workshop held at the University of Catania, Italy, in honor of Professor Renato Pucci on the occasion of his 70th birthday. It includes selected invited contributions from collaborators and co-authors of Professor Pucci during his long and successful career, as well as from other distinguished guest authors. (shrink)

This is the first edition of Plato's Republic to be based on an exhaustive examination of all the textual evidence - manuscripts, including papyri; quotations and allusions in ancient authors; translations into Coptic, Arabic and Hebrew. The three primary manuscripts have been examined with particular care. Many new readings have been introduced in the text and a critical apparatus gives details for all relevant textual evidence.

A los efectos de mostrar el compromiso de Utopía de Moro con el ideal republicano de una civitas libera se siguen en este trabajo tres pasos o momentos. Tras unas breves, pero necesarias consideraciones terminológicas acerca de los dos principales sentidos de “república” a comienzos del siglo XVI, se desarrolla la concepción acerca de la naturaleza y legitimidad del poder defendida en la obra. Luego se analiza cómo dicho principio se traduce en las instituciones y prácticas de la comunidad utopiense. (...) Y finalmente se intenta dar cuenta de cómo dichas instituciones y prácticas cristalizan en aquel modelo político (típico del republicanismo renacentista) llamado “régimen mixto”, que combina la monarquía, la democracia y la aristocracia. Ahora bien, la expresión concreta de este último aspecto en la vida de Utopía da lugar a una interesante tensión interna. En efecto, por una parte, produce una significativa restricción de la libertad política al reconocer derechos desiguales al “pueblo” (que solo elige, pero no puede ser elegido para las principales magistraturas) respecto del estamento intelectual (que es el único que puede ser elegido para las mismas). Pero, al mismo tiempo, si tenemos en cuenta que la pertenencia a dicho estamento no depende en absoluto de la riqueza (puesto que en Utopía no hay propiedad privada, sino propiedad común), de aquí podemos inferir que se ha comenzado a pensar de modo decidido y disruptivo la igualdad material como condición necesaria de la auténtica libertad política. (shrink)

Magna Carta Libertatum or the Great Charter of the Liberties is a historical document of great significance for the constitutional history and human rights and liberties development. Although at its initial version it addressed a limited number of liberties and principles, it represented a solid foundation for the evolution of the principles of the rule of law, right to justice, right to a fair trial, just and reasonable sentencing, limitation of powers, etc. Namely, article 20 of the Charter states: (...) A freeman shall not be amerced for a slight offense, except in accordance with the degree of the offense; and for a grave offense he shall be amerced in accordance with the gravity of the offense, yet saving always his “contenement”; and a merchant in the same way, saving his “merchandise”; and a villein shall be amerced in the same way, saving his “wainage” if they have fallen into our mercy: and none of the aforesaid amercements shall be imposed except by the oath of honest men of the neighborhood. An analysis of this article undoubtedly leads us to the basic principles of the contemporary systems of fine, namely the daily-fine system introduced in the Macedonian Criminal Code in 2004 according to which the fine will be calculated and pronounced according to the gravity of the offence and the financial state and condition of the perpetrator. As one can notice, the gravity of the offence and the saving of the perpetrators “contenement” from the abovementioned article of the Great Charter refer to the aforesaid principles. In this article, a comparison will be made on the meaning of the term “amercement” and its similarities and differences with the modern financial penalties and measures in the criminal law from comparative perspective, to find which one corresponds to the latter: fine, assets forfeiture or compensation of damages made with the criminal offence. (shrink)

Logica Magna Part 1 Fasc 1 Tractatus de Terminis.

The authoress questions the historiographic dogma that, tracing back to F.W. Maitland, gave the pure «Englishry» of English law for granted, thus building its history on its exceptionality with respect to European tradition, from which it would not have been contaminated at all. The Anglo-Saxon historiographical analysis of the most important English constitutional document aims at answering to the provocative question: how English is Magna Carta? What role did jus commune play in its drafting? What is its relationship with (...) contemporary Roman Canon law? Through the examination of its cultural roots, the essay shows not only the substantial influence of Roman Canon law on Magna Carta, but also, more generally, the affinities and the common elements that characterize in principle the relationship between English juridical tradition and the continental one. (shrink)

Magna Carta is one of the most important illustrations of the exceptionalism of English common law. Within a completely feudal framework it gave the clearest possible articulation to the concept of the rule of law and at the same time it also showed that there were certain basic rights which every freeman enjoyed without any specific conferment by the king. From English perspective, continental European law after the process of the reception of Roman law was commonly regarded to be (...) apart and different from the English legal tradition, as well as being perceived to pose a continual threat. The English Parliament constantly turned down royal attempts to emulate the continental reception of Roman law by characterizing it as something entirely foreign to English law. Roman law was supposed to promote an authoritarian and absolutist vision of the relationship between rule and subjection and this was expressed in the famous phrases 'princeps legibus solutus' and 'quod principi placuit legis habet vigorem'. Roman law was also anti-feudal, because one of its main principles that all power originated from one central source was the antithesis of the distribution of power over multiple centers, which was a crucial element of the feudal society. Many English historians have held the view that the English law is democratic, whereas the continental tradition is undemocratic and authoritarian, and this is why the Roman law succeeded on the Continent and failed in England. (shrink)

Dans la recherche jusqu'à présent la théorie de la „respublica optima” a été totalement négligée. C'est pourquoi on présente ici une reconstruction de cette théorie sous ses différents aspects. À cette fin la fonction et la portée de cette idée viennent brièvement exposées aussi bien que son développement historique. De cette analyse résulte la question d'un impact possible de cette construction particulière et personelle sur la réalité politique.

This is the first edition of Plato's Republic to be based on examination of all the evidence. Many new readings have been introduced in the Greek text. A critical apparatus gives details for all relevant textual evidence. All scholars and students of Plato and ancient philosophy in general will welcome this valuable new resource.

Dans L’Histoire d’Angleterre, Hume consacre de nombreuses pages aux événements qui conduisirent à la rédaction de la Grande Charte et aux remous qui en résultèrent. Certes, il ne s’agit pas de faire de ce texte une sorte de contrat qui aurait régi la vie politique anglaise pendant plus de cinq siècles. La conception contractualiste que les Whigs ont de l’histoire ne saurait tirer argument d’un tel document ; mais l’événement ne fut tout de même pas sans conséquences ; et il (...) se pourrait même que la vie politique, économique, sociale de l’Angleterre ait été davantage changée en profondeur par ce document que celle des Français par les rideaux de fumée dont Bentham fut le témoin lors de la rédaction des diverses Déclarations des droits de l’homme par les révolutionnaires français à partir de 1789. Jusqu’à la fin de sa vie, Bentham, qui n’est ni anti-républicain, ni anti-démocrate, comme a pu l’être Hume, prend au sérieux le texte de la Magna Carta dans laquelle il voit, mutatis mutandis, une sorte de modèle selon lequel les lois qui accordent les libertés pourraient être garanties aux citoyens : sans les fioritures ni la grandiloquence françaises, mais avec le maximum de précision qu’il convient d’accorder à leur rédaction. Le chiasme est étonnant : Hume est plus prompt que Bentham à dénoncer les fictions de la Grande Charte et de l’usage qu’il est possible d’en faire, alors que le spécialiste des fictions, voit dans la Grande Charte - qu’il aurait tout lieu de dénoncer à la suite de Hume - une source d’inspiration non négligeable pour écrire sérieusement des lois. (shrink)

ABSTRACT Republic Act 9710, or the Magna Carta of Women (MCW), is considered the Philippine version or national law translation of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Using the concept of impact translation as a framework and the Feminist Critical Discourse Analysis (FCDA) approach, this article examines the MCW and the minutes of committee meetings, particularly the bicameral conference committee meeting where lawmakers agreed on the finalized version of the bill. It applies (...) the concept of gender relationality in examining how legislators negotiated the provisions of the MCW, particularly those on reproductive health and the definition of gender. The analysis shows that these provisions challenged Catholic doctrines specifically on gender, childbearing, and pre-marital sexual relations. It argues that the Catholic conception of gender norms and women’s role in society shaped the law’s final version, disregarding the CEDAW Committee recommendations on abortion. Findings suggest that the legislators’ fear that the law’s ratification would serve as an opening for the legalization of abortion led to a weakened version of the law, particularly the section on women’s reproductive health. (shrink)

One of the most important and famous historical documents from the English legal and constitutional legacy is the Magna Carta Libertatum. Signed and sealed in the year 1215 the Magna Carta is further on viewed as the sole inception of the idea of limiting the power of the ruler trough legal rules. That limitation is to be made with legal rules that are binding for everyone, even the monarch. Therefore, the Great Charter is viewed as the first document (...) signed by a monarch with which, the principle of supremacy of the law is set out. That supremacy of the law has been further on developed by eminent scholars and practitioners, eventually leading to the development of the concept of rule of law. Rule of law, as a concept, means that the royal authority is going to be inferior to the law. However, this concept means a lot more than simply that. Unlike the principle of legal state, the rule of law is closely linked to justice, separation of powers and legal certainty. All of these concepts are actually prerequisites for its existence. That is why each of them is separately examined and elaborated. Furthermore, as one of the most important principles the rule of law had a great influence on the constitutional systems around the world. Since the Republic of Macedonia strives to become a democratic state where the rule of law is established and developed it is important to elaborate the influence of this principle in it. Therefore, the research gravitates over the principle of rule of law in the Republic of Macedonia. (shrink)

The essay deals with Aquinas’theory of person, focusing especially on the relevance of this qualification in Saint Thomas’ theory of the «spiritual substances», on his rejection of Platonism and on his peculiar use of the Neoplatonic hierarchy of the intellecitve substances. We especially stress that Aquinas’functionalist theory of person places the concept of «dignity» as the ultimate foundation of rationality, understanding the latter as a specific assignement and a specific responsibility in the order of Creation.

The article analyses in detail, for the first time amongst the philosophical literature on Pererius, the “magna disceptatio” on the distinction, in every creature, between essence and existence as it arises in his work De communibus omnium rerum naturalium principijs et affectionibus. The Jesuit philosopher criticizes the opinion of the Thomists, whom were defending the distinctio realis between essence and existence. His reasoning strategy presents seven arguments against the distinctio realis and five argued answers to the Thomists’ arguments. The (...) interest of Pererius’ discourse lies, firstly in the application of this centuries-old question on theological issue of transubstantiation which was a thorny problem of Reformation and Counter-Reformation; secondly, in calling into question the relationship between the Thomist’s position and Aquinas’ position about the distinctio realis on the basis of affinity of their posi.. (shrink)

"Dans l'Antiquité grecque et romaine, la voix occupe une place éminente. Phénomène d'abord acoustique, elle se diffracte dans les nombreux domaines où elle est mise en oeuvre : chant, musique, poésie, médecine, philosophie, religion, rhétorique, théâtre. Les dix-huit études de ce volume pluridisciplinaire sont consacrées aux pouvoirs et aux effets de la voix, tels qu'ils sont exposés par la philosophie et la littérature antiques d'Homère à Augustin. Comment les modalités d'émission et de réception des voix sont-elles perçues, comprises et décrites? (...) Comment les textes des Anciens peuvent-ils encore résonner pour nous d'une voix forte?"--Page 4 of cover. (shrink)

Chapters 17 and 18 of the TTP constitute a textual unit in which Spinoza submits the case of the ancient Hebrew state to close examination. This is not the work of a historian, at least not in any sense that we, twenty-first century readers, would recognize as such. Many of Spinoza’s claims in these chapters are highly speculative, and seem to be poorly backed by historical evidence. Other claims are broad-brush, ahistorical generalizations: for example, in a marginal note, Spinoza refers (...) to his Jewish contemporaries as if they were identical with the ancient Hebrews. Projections from Spinoza’s own experience of his Jewish and Dutch contemporaries are quite common, and the Erastian lesson that Spinoza attempts to draw from his “history” of the ancient Hebrew state is all too conspicuous. Even Spinoza’s philosophical arguments in these two chapters are not uniformly convincing, as I will attempt to show. Yet in spite of all these faults, the two chapters are a masterpiece of their own kind: a case study of the psychological foundations of politics and religion. The work that comes closest in my mind is Freud’s 1939 Der Mann Moses und die monotheistische Religion. The two works are similar not only in terms of their chronological subject matter – the Hebrews of Moses’s time – but also in their attempt to reconstruct the communal psyche of the Hebrews in order to demonstrate their respective social theories about the foundation of civilization. Needless to say, there are numerous differences between the two works, not the least of which are their distinct aims and the very different political contexts in which they were produced. We will return to this comparison with Freud’s Moses and Monotheism toward the end of the essay, but let me first stage the background for our discussion. Chapter 16 of the TTP begins a new section of the book which primarily deals with the relation between religion and the state. In this chapter Spinoza presents an outline of his political theory and his understanding of key notions such as right, power, the state of nature, the social contract, sovereignty, democracy, and justice. The title of chapter 17 announces its aim and focus: “showing that no one can transfer everything to the Supreme Power, and that this is not necessary; on the Hebrew Republic, as it was during the life of Moses, and after his death, before they elected Kings, and on its excellence; and finally, on the causes why the divine Republic [Respublica divina] could perish, and could hardly survive without rebellions” (III/201). The far less ambitious title of eighteenth chapter states that in it “certain Political doctrines are inferred from the Republic and history of the Hebrews” (III/221). Essentially, the two chapters present a surprising, ironic, and penetrating reading of the story of the divine Hebrew Republic, a reading which highlights both how much and how little was achieved by the use of the fantastic political device of attributing divine sanctification to the state and its sovereign. (shrink)

There is no clear consensus among scholars about the authenticity of the Magna Moralia. Here I present a new case for thinking that the work was composed by a later Peripatetic, and is not, either directly or indirectly, the work of Aristotle. My argument rests on an analysis of the author’s usage of ἐνέργεια, which is a fruitful way to investigate the date of the work: the term was apparently coined by Aristotle but in later antiquity came to be (...) used in ways inconsistent with Aristotle’s own usage. I argue that in several passages from the Magna Moralia the term is used in this distinctively late sense and that it is not plausible to think that this innovation could have occured in Aristotle’s own lifetime or shortly thereafter. (shrink)

O presente estudo encontra-se inserido mais diretamente nas linhas de pesquisa de História da Filosofia Moderna e do Pensamento Ético-Político, temos alguns estudos filosóficos sobre o pacifismo erasmiano na “Queixa da Paz” como aqueles realizados por Meulen (1990), Hoffmann (2000), Kinsella e Carr (2007), Martín e Chornet (2007), Dungen (2008) e Christi (2009).

Magna Carta Libertatum is one of the few documents that continuously imply thorough discussions about fundamental principles of the law. In 2011, Lord McNelly, Justice Minister of UK at the time, has emphasized the core and everlasting principles that derived from this document: ᠅ that the power of the state is not absolute ᠅ that whoever governs the state must obey the law ᠅ and that whoever governs the state must take account of the views of those who are (...) governed. These are the fundamental principles of any government that strives to be distinguished as democratic, these are the self-evident truths that have been developed in the theory of social contract that established the modern day democracies. It is very common that article 39 of Magna Carta that provides for the right to due process, as well as article 40 that provides for the right to access to justice and justice itself, to be usually analyzed from the point of view of the rights of the person accused of a crime. However, it must be taken into consideration, that failure to guarantee these two very important human rights makes the accused person a victim of abuse of power. This article aims to analyze the relevance of Magna Carta in the rise of the concept of rights of victims of abuse of power. Although it is a concept developed later in history, the clauses of Magna Carta that remain in power can be directly linked to this category of victims. The thirteenth century provides a very important perspective on the position of the victim of crime and can be analyzed in a comparative aspect regarding the Common Law and the Civil Law historical development. The article will briefly explain the evolution of the concept of victims’ rights throughout these eight centuries to the modern times when these rights have become a crucial part of the national legislations of Western Balkan countries. (shrink)

This article reconsiders the historical and typological relation between Greek maturation rituals and Greek mystery religion. Particular attention is given to the word κλεινός (‘illustrious’) and its ritual uses in two roughly contemporary Late Classical sources: an Orphic-Bacchic funerary gold leaf from Hipponion in Magna Graecia and Ephorus’ account of a Cretan pederastic age-transition rite. In both contexts, κλεινός marks an elevated status conferred by initiation. (This usage finds antecedents in Alcman'sPartheneia.) Without positing direct development between puberty rites and (...) mysteries, the article argues on the basis of shared vocabulary and other ritual elements that age-transitions influenced the ideology of mystery cults. It is further claimed that puberty rites and mysteries performed similar functions in their respective social contexts, despite obvious differences of prestige and visibility. Age-transition rites have been analysed in Bourdieu's terms as ‘rites of institution’, in which young elites were publicly affirmed in civic roles: private mysteries can be described in analogous but opposed terms as rites of ‘counter-institution’, in which familiar ritual language and symbols of elite status were used to construct an alternative ‘imagined community’ of mystery initiates. (shrink)