In lieu of an abstract, here is a brief excerpt of the content:1. The present state of the questionEsser's turnaboutIn his collection of studies on the writings of Francis, published in 1973, Kajetan Esser, the acknowledged master of Franciscan textual criticism, wrote that in verse 13 of Francis's Letter to the Clergy there exists "a striking difference, that is difficult to explain," between the oldest manuscript which originally belonged to the Benedictine abbey of Subiaco and was written before 1238, (...) and the famous manuscript Assisi 338 which originated between 1250 and 1260. However, Esser considered this difference "a too weak basis to accept a double version of the Letter to the Clergy." It is therefore somewhat strange, to say the least, that in his textcritical edition of the writings of Francis, published only three years later in 1976, the same Esser concludes, without any further explanation, that the differences are "so serious that one has to accept two versions of one and the same letter."Esser's conclusion immediately raises the question about which one of the two versions would be the first. Esser opted for the Subiaco manuscript as the first version and the Assisi manuscript as the second. An important reason for Esser's option was the fact that the Assisi manuscript of the Letter to the Clergy added in verse 13 that the clerics have to observe all of these matters "according to the precepts of the Lord and the constitutions of holy mother Church ." With "the constitutions of holy mother Church" Francis referred, according to Esser, to the papal bull Sane cum olim, issued by pope Honorius III on November 22, 1219. And as this bull, in Esser's view, also "contained references to the will of God as laid down in Holy Scripture," Francis decided to insert both a reference to the papal bull and to "the precepts of the Lord" in a new, second version of the letter. This would imply that Francis, who in the summer of 1219 left for Egypt, wrote the second version only after his return from the Middle East in the spring of 1220. For it was only then that he came to know about the existence of the papal bull issued during his absence from Italy, and could refer to it in order to strengthen his appeal to the clergy to show greater reverence for the Eucharist. At the same time, however, the absence of these important additions in the first version implies that this version was written before the papal bull of Honorius was issued and thus also before Francis's departure for the Middle East in the summer of 1219.Present reception of Esser's theoryThe latest English translation, published in 1999, follows Esser and contains a separate translation of both versions, the first of which was written before 1219 and the second in 1220. In the most recent German translation Leonhard Lehmann acknowledges the existence of two versions but the differences between the two are so small that it suffices to print only the text of the oldest manuscript, that of Subiaco, written before 1238. He agrees, though, that the addition constitutiones sanctae matris Ecclesiae in the second version refers to the papal bull Sane cum olim and that the earlier version may have been written before 1219. The revised edition of the Fonti Francescane still follows Esser's theory as regards the existence of two versions, the early date of the first version and the reference of the second version to Sane cum olim. However, in a lengthy article on Francis's letters, C. Paolazzi, the author of the introduction to the Letters in FF, revised his previous opinion in 2008. He still accepts the existence of two versions but dates both after Sane cum olim and therewith also after Francis's return from the Middle East in 1220. His main argument is that theimplicit quotations.. (shrink)

Whereas the refractory clergy hostile to the ecclesiastical reforms of the Constituante clearly rejects ecclesiastical tolerance, the positions of the constitutional clergy cover a much broader spectrum. The article aims to examine the positions adopted by constitutional bishops by highlighting their ecclesiological foundations: indeed, the acceptance of ecclesiastical tolerance corresponds to a radical questioning of the conception of the Church as a perfect society having its own laws.

Sunnism constitutes eighty percent of the Islamic world. The most academic and renowned religious seminary in the Sunni world is Al-Azhar University in Egypt, and it is from here that most verdicts on novel issues such as human cloning are decreed and disseminated throughout the Islamic and non-Islamic worlds. The perspective of this seminary and of other significant Sunni jurisprudential councils and figures are alluded to throughout this essay. I lay out the method of legal derivation employed by the Sunni (...) clergy and scholars and then illustrate how they have arrived at their prohibition on human cloning. I demonstrate weaknesses of methodology employed by the major Sunni Muftis within the domain of jurisprudence. (shrink)

The constitutional provision for the separation of the Church and the State has been in existence for over 200 years. They are now referring to it, no longer remembering how it came about. The fact is that the French Revolution of 1789 was anti-feudal and anticlerical. It separated the affairs of the state from the ecclesiastical so that bishops and cardinals would govern the Church, not the state. The 1917 revolution in Russia also tore the triumvirate of "statehood, orthodoxy, (...) nationality." The state and the Church should have existed separately. The Bolsheviks rejected the old state and the Church, but in their legislation in 1919 the Decree recorded the separation of the Church from the state and the school from the Church. Because they disregarded law, morality and religion and absolutized the state, the state, and especially its punitive organs, trampled on morality, ethics, religion, clergy and their defenders... (shrink)

The called Middle Ages was a time marked by the outbreak of resistance movements which had as main and common characteristic the opposition to the stance adopted by the Roman Catholic Church during this period of history. The target of this research is to identify the main features of the clergy in this period, as well as identify what were these resistance movements and their theological basis. The method adopted here is to search for bibliographical material, establishing as the (...) main base, notably the writings of the theologian José Comblin, who produced vast material on this issue. As result of this work, it could be detected that these movements occurred in a profuse way. Over that, it was also evident in this search result that power centralization, enrichment and inattention to the reality of the poor, all these outstanding features in the behavior of the Catholic Church in the period were elements that constituted the main cause of the outbreak of such movements. (shrink)

Exploring the moral foundations of the healing relationship, Edmund D. Pellegrino and David C. Thomasma offer the health care professional a highly readable Christian philosophy of medicine. This book examines the influence religious beliefs have on the kind of person the health professional should be, on the health care policies a society should adopt, and on what constitutes healing in its fullest sense. Helping and Healing looks at the ways a religious perspective shapes the healing relationship and the ethics of (...) that relationship. Pellegrino and Thomasma seek to clarify the role of religious belief in health care by providing a moral basis for such commitment as well as a balancing role for reason. This book establishes a common ground for believers and skeptics alike in their dedication to relieve suffering by showing that helping and healing require an involvement in the religious values of patients. It clearly argues that religion provides crucial insights into medical practice and morality that cannot be ignored, even in our morally heterogeneous society. Central to the authors' message is the concept of patients' vulnerabilities and the need to help them recover not only from the disease but also from an existential assault on their personhood. They then show how this understanding can move caregivers to view their professions as vocations and thereby change the nature of health care from a business to a community of healing. Physicians, nurses, administrators, clergy, theologians, and other health professionals and church leaders will find this volume helpful for their own reflections on the role of religion in the health care ministry and for making a religious commitment integral to their professional lives. (shrink)

A major oversight in Catholicism’s clergy abuse crisis is its failure to examine how assumptions about children and norms concerning adult-children interactions contributed to child sexual abuse and bishops’ systematic cover-up. An adequate response must include new practices based on a revised child-centered account of what constitutes justice for children. In this paper, I develop an account of justice drawing on four sources: 1) Margaret Farley’s account of justice; 2) research findings from my ethnographic study observing and interviewing Catholic (...) second graders about receiving the Sacrament of Reconciliation; 3) the interdisciplinary field of childhood studies; and 4) the Catholic tradition. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:PEACE EDUCATION AND THE NORTHERN IRISH CONFLICT André Lascaris Dominican Theological Center, Nijmegen The Northern Irish conflict can be interpreted as an anachronism. This is true in many aspects. However, in the last ten years we were confronted with many "anachronistic" conflicts: in former Yugoslavia, in Rwanda, Algeria, Colombia, and Afghanistan, to mention only some. In our postmodern times the division of the world into two rather neat halves (...) with two centers of power has gone, the nation state is weakening and in many societies the social glue seems to be losing its cohesive force. We have to live together in pluralistic societies in which we are all a minority at times. Wars between states become less likely, butcivil wars are on the increase. Terrorism becomes a power against which the traditional armies and their weapons are quite useless in spite of many technological developments. The ancient laws concerningthe protection of women and children in wartime are becoming obsolete. Women are invited to get involved in the armed forces. The child soldier is a well-known phenomenon. In our western society a child's world, which exists in isolation from the adult world, is no longer a possibility. Some lessons learned in dealing with theNorthern Irish conflict might turn out to be worthwhile taking up in other situations. In this essay, I reflect with the help ofthe mimetic theory on peace work done by some Dutch people on behalfofNorthern Ireland between 1973 and 1992. The Northern Irish conflict as such is not the subject ofthis paper; the mimetic interpretation of this conflict was admirably covered by people such as Duncan Morrow and the late Frank Wright to which I refer the reader in my bibliography. I will concentrate on the educational aspects ofDutch peace work done in the Northern Irish context. Here it suffices to say that the 136André Lascaris Northern Irish conflict is not a religious one, though religious labels are being used. It is aconflict between two cultures, an Irish one and an AngloSaxon or British one. I. Dutch peace work on behalf ofNorthern Ireland A. A short history In 1973 I was invited to become a member of staff of a conference for influential Northern Irishmen in the Netherlands. Glenn Williams, then secretary general of the KEK (Conference of European Churches) had asked the Dutch Council ofChurches whether it could do something on behalf of Northern Ireland. After some consultation Williams asked the Dutch adult education center 'De Haaf to accommodate "mixed Roman Catholic and Protestant Irish groups in a quiet and spiritual atmosphere." The director of this center, Aat van Rhijn, a Presbyterian minister, asked me to participate in the conference because he wanted a Catholic priest to make the Roman Catholic Northern Irishmen feel represented on the staff. A laywoman, Hermine Keuning, was the third member of the staff. The Dutch Reformed Church provided money. In April 1973 a visit was made to Belfast and contact was established with the Irish Council ofChurches; it soon became our Northern Irish counterpart. In Septembera firstconference was held, quickly followed by a second one. From participants of the first conference a new request for a conference was made and after this one even more conferences were organized, altogether 18 between 1973 and 1983. We worked with neighborhood groups, politicians, paramilitaries, social workers, police officers, adult educators, social workers, journalists and editors, Catholic and Protestant clergymen. In the conferences ofthe protestant politicians and the clergy it was not possible to have a mixed group; we had to be content with having some either Catholic or Protestant "observers" at the conference. Inthe late seventiesthesecurity situation inNorthern Ireland improved. The necessity oftraveling to the Netherlands to have a conference became less evident. Because our work remained in demand, we organized weekends in Northern Ireland itself from 1981 onwards, mainly in Corrymeela, an ecumenical adult education center near Ballycastle. Money was coming from several sources, but mainly from the Dutch Reformed Church. To handle the money well we decided in 1975 to become a trust: the "Dutch Northern Irish Advisory Committee." It was typical ofthis trustthat its constitution stipulated that no conference or any Peace Education andthe Northern Irish Conflict137 other activity... (shrink)

Throughout Iran’s modern history, control of the public sphere has remained in the hands of the state. With virtually no trace of a civil society, public opinion has played only a minimal role in influencing state affairs. The 1979 Islamic revolution could be viewed as a break in this historical trend, but public opinion retreated into the background once the clerics solidified their power -- and then kept it by invoking religious orthodoxy to deflect any challenges. Thus, it should have (...) been no surprise that the press revolution, which began in the late 1990s as Mohammad Khatami came to power, collapsed a few years later. While an array of newspapers and journals are still published in Iran today, the persecution of leading editors and publishers with pro-reform sympathies has successfully cleared the field of any real threat to the status quo.The early theorists of the reform movement that came to be identified with President Khatami saw a free and independent press as a vital part of an Islamic Repub lic. For centuries, they argued, the state had used its control over the media -- first the publication of books, then newspapers and finally radio and television -- to push society toward the rulers’ desired ends. In contrast, the reformers saw a free press as the best way to foster open debate and political and social pluralism, unleashing forces that would allow society at large to determine its own fate. In other words, there could be no pre-determined end, shaped by fiat. Their chosen weapon in the battle for a civil society was the newspaper, a medium with a rich history in Iran of social and political activism. Persian newspapers, particularly those published abroad and smuggled into Iran in the nineteenth and early twentieth centuries, had been responsible for remarkable changes in the political landscape. They introduced liberal social and political ideas from Europe and provided readers with a new, simplified language in which to debate such notions. Most important of all, the early press helped create the very idea of society as a political actor in its own right. Within months of Khatami’s move to the Presidential Palace, his new appointees in the Ministry of Culture and Islamic Guidance unleashed a “press revolution.” They quickly streamlined the issuing of publication licenses; countered Iran’s traditional centralism by encouraging the rise of local and provincial newspapers; eased the financial hardships of independent publishers; and sought protection under the existing Press Law for controversial editors and commentators facing the hostility of the ruling clerics. The result was a wave of entrepreneurial and journalistic creativity unmatched since the Constitutional Revolution of 1906-1911.By the spring of 2000, the hard-line clerics had had enough. They used their almost complete control of the public space to shut the door on the “press revolution” and to drive their critics, including many learned clerics, back into private dissent. Dozens of newspapers were closed and prominent journalists were prosecuted, most for violating so-called Islamic norms; anything like public discourse was forced back into the shadows. The ease with which the clerical establishment crushed the free press reflected the basic weaknesses and miscalculations of the reform movement. The senior theologians had established themselves as far back as the Constitutional Revolution as the final arbiters of freedom of expression under Islam. Without a wholesale re-evaluation of the role of the clergy and the very concept of freedom in a religious system of government, this power was destined to go unchecked. The reformers had also put too much emphasis on a free press, in the absence of any other real building blocks of civil society. Newspapers were expected to play the roles of political parties, of independent think tanks and, in the case of Jameah and Tous, of exemplars of social, political and economic independence. It was a burden the Iranian press was simply unable to carry. (shrink)

The upsurge in non-traditional, including non-Christian, confessions in Ukrainian society is due to a number of factors. To a certain extent, the conversion of a part of Ukrainians to non-traditional religiosity is due to the crisis of social and political life, the transformation of ideological landmarks and the impairment of the ideological guidance of the previous system of values. Crisis phenomena did not bypass the traditional and religious sphere of society, which erupted in the crisis of traditional churches. As a (...) result, the latter were in a state of internecine confrontation and ideological hostility, the struggle for the sphere of influence on the public. This is noticeably reflected in the mind of the believer. Insufficient attention of the clergy of traditional churches to religious requests of a person, often quite formal conduct of ritual ceremonies, inappropriate behavior of the clergyman constitute prerequisites for the transition of the ordinary believer into the womb of non-traditional religiosity, in the hope of finding the necessary personal religious comfort there. (shrink)

For most of his career, Kant accepts Augustine's requirement that lying requires an intention to deceive. However, he eventually converts to Aquinas, following him in rejecting this requirement in favor of Aristotle's teleological conception of lying. This change of view amounts to an improvement, for it makes room for the possibility of lying to an omniscient being—and such lies, we argue, are indeed possible. We accompany these historical and philosophical theses with a biographical thesis taking the form of the following (...) story. Kant believed that in his youth he had lied to God, largely because of his religious training. He adopted policies designed to help him resist the habit of lying to God. However, this program conflicted with his desire to lead a well‐rounded life as a public intellectual. This worldly ambition led him to forego the Quaker solution to the problem of lying to God: refuse to swear any oath to God, avoid set prayers and hymns, decline offers of intercession by clergy. Kant's worldly compromise served him well, but as he entered his twilight years, he came to worry that his only surviving argument for theism—the moral argument—might constitute a relapse into the vice of lying to God. (shrink)

The article explores the semantic potential of social narratives associated with the creation and constitution of the Orthodox Church of Ukraine, which caused a interpretations conflict, marked by conflicting interpretations and differences in meanings that are applied in different contexts. The narrative arranges events in a certain time sequence, accumulates and translates meanings, individual and social experience. The presence of meanings in the interpretation of the narrative depends on the perspective, interpretation horizons and the subject's ability to analyze information and (...) its correct application. The social narrative accumulates a set of stories and messages that are fragmentary and disordered, constructs a coherent plot aimed at finding and defining meanings, and forming social discourse. Social narratives materialized in social structures, orientations, expectations, and stereotypes of their bearers due to everyday modification in the form of simple images, attitudes, and principles. Since each social narrative claims to be exclusive and correct in its own way of understanding events, a clash of narratives and their interpretations is inevitable. A large-scale event determines the modification of social structures, standards, and evaluation criteria, is accompanied by the transformation of everyday life, reveals deep mental layers, and opens up new perspectives. The extraordinary event that was marked by the creation of the Orthodox Church of Ukraine is accompanied by diametrically opposite assessments from the clergy, believers, politicians, experts – from the statement about autocephaly as the only opportunity to achieve unity and recognition of Ukrainian Orthodoxy to the political subtext justification of the new religious organization creation. Church circles represented by representatives of the Ukrainian Orthodox Church of the Moscow Patriarchate claim that the state interferes in the internal Affairs of the Church. The Constitution of the Orthodox Church of Ukraine takes place in the context of the confrontation of two social narratives – the «ukrainian world» and the «russian world». The social narrative «ukrainian world» is based on values rooted in the national soil, but the social narrative «russian world» denies the existence of the Ukrainian nation and the Ukrainian state. Under the patronage of the Russian Orthodox Church, the expression of the ideas of the «russian world» is the Ukrainian Orthodox Church of the Moscow Patriarchate, which enshrines in the minds of believers ideologies about «the common origin of the Ukrainian and Russian peoples», «the common baptismal font», «the unity of the historical space of Holy Rus», «the identity of the East Slavic Orthodox civilization». The Ukrainian Orthodox Church of the Moscow Patriarchate did not support the decision of patriarch Bartholomew to grant autocephaly to the Orthodox Church of Ukraine. Metropolitan Onufriy did not give his blessing to the hierarchs to participate in the Unification Council, which is called «a non-canonical assembly of schismatic groups». The Ukrainian Orthodox Church of the Moscow Patriarchate, according to its primate, has de facto autocephaly, so it is the only canonical local Orthodox Church in Ukraine. In the face of the conflict of public narratives, the Orthodox Church of Ukraine, along with meeting the spiritual needs of believers, contributes to the formation of national identity, the formation of a worldview matrix that will determine the vision of the future development of the country. (shrink)

The De officiis of Ambrose of Milan is one of the most important texts of Latin Patristic literature. Modelled on the De Officiis of Cicero, it sets out Ambrose's ethical vision for his clergy, synthesizing ancient Stoic assumptions on virtue and expediency with Biblical patterns of humility, charity, and self-denial to present a paradigm of a church hierarchy capable of making the right impact on its social world. Ambrose aspires to demonstrate that the age of profound principles is now (...) available.This new edition constitutes the first Modern English translation of Ambrose's Latin. The Text and Translation in Volume 1 are accompanied by a detailed Commentary that concentrates on Ambrose's debts to Cicero and his attempts to renovate his philosophical inheritance. An extensive Introduction analyses his ethical ideals and sets them in their social context. (shrink)

God vs. the Gavel challenges the pervasive assumption that all religious conduct deserves constitutional protection. While religious conduct provides many benefits to society, it is not always benign. The thesis of the book is that anyone who harms another person should be governed by the laws that govern everyone else - and truth be told, religion is capable of great harm. This may not sound like a radical proposition, but it has been under assault since the 1960s. The majority (...) of academics and many religious organizations would construct a fortress around religious conduct that would make it extremely difficult to prosecute child abuse by clergy, medical neglect of children by faith-healers, and other socially unacceptable behaviors. This book intends to change the course of the public debate over religion by bringing to the public's attention the tactics of religious entities to avoid the law and therefore harm others. (shrink)

For over a century, the Danish thinker Søren Kierkegaard (1813-55) has been at the center of a number of important discussions, concerning not only philosophy and theology, but also, more recently, fields such as social thought, psychology, and contemporary aesthetics, especially literary theory. Despite his relatively short life, Kierkegaard was an extraordinarily prolific writer, as attested to by the 26-volume Princeton University Press edition of all of his published writings. But Kierkegaard left behind nearly as much unpublished writing, most of (...) which consists of what are called his "journals and notebooks." Kierkegaard has long been recognized as one of history's great journal keepers, but only rather small portions of his journals and notebooks are what we usually understand by the term "diaries." By far the greater part of Kierkegaard's journals and notebooks consists of reflections on a myriad of subjects--philosophical, religious, political, personal. Studying his journals and notebooks takes us into his workshop, where we can see his entire universe of thought. We can witness the genesis of his published works, to be sure--but we can also see whole galaxies of concepts, new insights, and fragments, large and small, of partially (or almost entirely) completed but unpublished works. Kierkegaard's Journals and Notebooks enables us to see the thinker in dialogue with his times and with himself. Volume 7 of this 11-volume series includes six of Kierkegaard's important "NB" journals (Journals NB15 through NB20), covering the months from early January 1850 to mid-September of that year. By this time it had become clear that popular sovereignty, ushered in by the revolution of 1848 and ratified by the Danish constitution of 1849, had come to stay, and Kierkegaard now intensified his criticism of the notion that everything, even matters involving the human soul, could be decided by "balloting." He also continued to direct his barbs at the established Danish Church and its clergy (particularly Bishop J. P. Mynster and Professor H. L. Martensen), at the press, and at the attempt by modern philosophy to comprehend the incomprehensibility of faith. Kierkegaard's reading notes include entries on Augustine, the Stoics, German mystics, Luther, pietist authors, and Rousseau, while his autobiographical reflections circle around the question of which, if any, of several essays explaining his life and works he ought to publish. Perhaps unsurprisingly, Kierkegaard's more personal reflections return once again to his public feud with M. A. Goldschmidt and his broken engagement to Regine Olsen. Kierkegaard wrote his journals in a two-column format, one for his initial entries and the second for the extensive marginal comments that he added later. This edition of the journals reproduces this format, includes several photographs of original manuscript pages, and contains extensive scholarly commentary on the various entries and on the history of the manuscripts being reproduced. (shrink)

Purpose: The primary objective of this study was to determine the role of church in state and public affairs during the Kibaki Era, 2002-2013Methodology: The methodology employed in this study was qualitative in nature. The study relied mainly on the analysis of an existing dataset from secondary sources. The data was gathered from technical reports, scholarly journals, reference books, past sermons, church publications, official and unofficial doctrine, theologies and from the Kenya National Archives in Nairobi. Other sources of data collection (...) for the study included official statistics collected by government and the various agencies, bureaus and departments. The target population for this study was the mainland churches in Kenya and the role these churches played in state and public affairs in Kenya between 2002 and 2007.Results: The Kibaki era has been characterized by many an events that have attracted by far and wide the attention of the clergy. In 2005, the most significant development of the 2005 constitutional referendum is not the defeat of the draft, but the emergence of strains and tensions not just between Christians and Muslims, but also between church and state. Another significant development was the fact that the mainline clergy were increasingly viewed as partisan and divided along ethnic lines and serving narrow political interest depending on the ethnic group to which its leaders belonged. The prophetic role and voice of the church to act as the conscience of society was lost, and the church did nothing to evaluate its own role even after the people voted to soundly reject the draft constitution.Unique contribution to Theory, Practice and Policy: The study recommended that the government should put in place laws that would involve the church in government matters. This can be done by introducing motions into parliament that advocate for the direct involvement of the church. This would involve laws which ensure that a portion of all members sitting in any committee represents the church. This can also be done by the introduction of electoral posts for church representatives just as there are positions for women representatives. The study also recommends that amendments be made to the constitution to make a legal requirement that one of the nominated MPs must be from the church. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 27.1 (2003) 231-240 [Access article in PDF] Rescuing the Rescuers in Philip Hallie's Ethical Sublime Patrick Henry "Only stories or visions of transcending personal isolation and indifference can move me... hope, joy lie only in the transcendence of self-absorption—in expansion." —Philip Hallie I THROUGHOUT HIS LIFE, Philip Hallie expressed strong distrust for abstract philosophy. He wanted his own philosophy constituted of flesh and blood, and he (...) believed in the centrality of narration in ethical writing. The personality of stories, the irrefutable nature of the individual's account had to form the essential basis in the teaching of ethics. It is no surprise, then, that in his posthumous Tales of Good and Evil, Help and Harm 1 Hallie leaves us with a series of powerful stories, biographical and autobiographical, as the final expression of his lifelong agonizing struggle to come to terms with his own ethical beliefs. There are no general proofs here. No abstract principles. No definitions of goodness and evil. Only stories that depict the being referred to by e. e. cummings as "manunkind" mysteriously achieving the "realizable ideal" of rescuer of strangers.Given Hallie's major work on the rescuers of Jews in the village of Le Chambon-sur-Lignon, Lest Innocent Blood Be Shed. The Story of the Village of Le Chambon and How Goodness Happened There, 2 it seems appropriate that he begin this particular account of "tales of good and evil" in that same [End Page 231] village. Thus, the first biography he presents is that of Magda Trocmé, the wife of the pastor of the Protestant Church in Le Chambon-sur-Lignon, André Trocmé, who, with his fellow pastor Edouard Theis, is said to have inspired the rescue mission in the village. Hallie underscores the communal nonviolent effort by clergy and villagers alike in this "city of refuge." While he admires both André and Magda as practitioners of the "great virtues," he more readily identifies with Magda's secularism than with her husband's piety. He celebrates her generosity, her refusal to turn anyone away from her door, her "quiet habit of efficacious compassion," and her terse explanation as to why the rescuers in the village did what they had done: "What do you mean? It had to be done, that's all."As much as Hallie related to Magda's secularism, he was unable to identify fully with her because he felt tainted by the killing he had done as an artillery man in the United States Army during World War II. "I was a helpful killer who violated the negative demand against killing ["Thou shalt not kill"] in order to obey the positive one to spread life. But Magda and her villagers! Their ethical purity was beyond me. They obeyed the negative demands of ethics by hating and hurting no one even while they obeyed the positive demands of ethics by saving [thousands of refugees]." Compared to Magda and the villagers, Hallie clearly saw himself as someone operating in the grey zone.With the introduction of Joshua James and the community of Hull, Massachusetts, we ascend from Hallie's personal quagmire of moral ambiguity to the realm of the "ethical sublime." Here the author relates the story of James, whose mother and sister died at sea in 1837 when he was 11 years old, and who would go on to a career of life-saving activity on the Massachusetts coast. James founded the Life-Saving Rescue Service, an organization that evolved into the Coast Guard (or more specifically The Search and Rescue Service of the Coast Guard). He spent his entire life in Hull (1826-1902) and over the course of nearly sixty years saved hundreds of sailor's lives and tens of thousands of dollars worth of property.Many coastal villages around the world, Hallie explains, profited greatly from shipwrecks. Their cargoes and the stuff the ships were made of were highly valuable to the generally poor people who inhabited such villages. Yet the village of Hull, the smallest village in the state, having roughly... (shrink)

The main purpose of this study is to become acquainted with the educational institutions in Ottoman Empire during and after the 18th century. In this respect, special attention is given to which initiatives were taken in terms of education and which educational institutions were established during the aforementioned period. The need to comply with the West in terms of science, culture, reasoning, and technological advancements has led to the questioning of the current madrasah system. Upon revising the educational system of (...) the madrasah, which had difficulties in being productive and attaining to the necessities of the time, there have been initiatives primarily to establish and structure military schools. These attempts to reform education was intensively seen as from the early 18th century. The above-mentioned changes and progress have gained momentum with the Tanzimat era. It was observed that during this period, many schools were established beyond military; education levels were clarified and; females were given right to study. Similar to Tanzimat era during the first Constitutional Monarchy and Autocracy eras, positive contributions toward educational reforms were made. However, beginning from the middle of the second Constitutional Monarchy era, the economic and social complications that the state was going through had a negative impact on the educational system and the practicality of the educational institutions.Summary: Education has been the most important factor in determining the social, economic, and cultural level of a society. The level of development, which is the determinant of the superiority of the nations to each other over the world, varies according to the importance given to education. To be a pioneer in the scientific sense, to be able to have technological opportunities, to make people live more comfortable and peaceful, to have more power in the economic field and to ensure the continuity of the nation that depending on all these, it will be possible with the understanding of education that can read the time and future well. The fact that world states are superior to each other in different periods of history is directly related to their understanding of education. It can be said that in the centuries following the beginning of the new age, especially the Western nations have taken a more positive step at this subject. The changes in both mental and action spheres such as XVI. century Renaissance movements, XVIII. century enlightenment movement and finally the industrial revolution triggered the development in the scientific and technological field. In these periods the importance given to thinking and the freedom of thought has been the main factor of the progress in the scientific field. The European nations, which went beyond their religion-based bigotry and prioritized the free and secular understanding, have become superior to other nations of the world. However, it is not quite possible to say that in the same periods the Ottoman Empire was able to adapt with the same speed to such accelerations of change and development that placed in Europe. One of the main reasons for this situation and perhaps most importantly is that the educational concept in the Ottoman Empire remained within a static structure in the last centuries. In particular, the matters such as the madrasa being away from productivity, the limitation of the understanding of the science only with religious sciences, has led to the problem of inability to adapt to the rapid transformation that in Europe. The first steps towards eliminating this weakness noticed by the state executives over time has been taken through the improvement and transformation of the Ottoman educational institutions. It is possible to say that the first attempts as to these restructures of education, which is also called as Westernization or modernization by the educational historians, has begun in the period of Sultan III. Selim. In the context of the Nizam-ı Cedid movement, a number of positive initiatives in education, such as the improvement of madrasas, the opening of military schools and translation activities, constitute the core of the changes that will take place in later periods. Immediately afterwards, in the period of II. Mahmut, making the reading and writing education compulsory, opening of Western-style junior high school, establishing medical and vocational schools that provide education at higher education level are considered as positive innovations of the period. The time interval from the proclamation of the Tanzimat edict until the First Constitutional monarchy is the period in which the institutionalization and structuring towards education in the Ottoman Empire is at the highest level. Besides many educational institutions in this process where the ministry responsible for education and training is established and the regulation containing the arrangements regarding this field is put into force, one of the most important initiatives made is laying the foundations of the Dâr al-Fünûn (Ottoman University) which is considered as the first university in this land. The fact that many educational institutions established in this period that are the roots of today's educational institutions is important in terms of demonstrating the accuracy of the initiatives within the mentioned period. In Meşrutiyet (the First Constitutional Monarchy) and the subsequent period of Mutlakiyet (Autocracy), contributions were provided on previous positive structuring. However, the social and economic problems experienced in the country since the second half of II. Meşrutiyet (the 2nd Constitutional Monarchy) have been effective in the inability of continuing innovations towards education. In this study, the educational institutions established in the Ottoman Empire before and after the Tanzimat period were discussed. The aim is not just to reveal what these schools are. It was also aimed to emphasize which areas in which schools are required to be based on which needs, which obstacles are encountered during the change of mentality in education, regulatory activities foreseen to overcome obstacles and to what extent they have been successful. In this regard, the signals of change as to the structure of educational institutions, which could be the source of most of the republic period, started from the beginning of 1700s and continued until World War II period. During this period of more than a hundred years, the political periods related to the structure and functioning of the state have also been influential in the structuring of educational institutions. In fact, the Reorganization (Tanzimat) period, which is known as ‘reform’ in the mentioned process, is considered as the stage where the change and transformation concerning education is the most. It is seen that the process of westernization still continues even though it is not with the same acceleration in the Constitutional Monarchy and Autocracy periods after the Reorganization period. When looking at the facility of educational institutions in chronological order, it is determined that there is a dominated understanding that prioritizes to train military staff in the military field and to have a competent army with the technological possibilities of the time, in other words, to create a strong defence system against the foreign powers of the country. Indeed, for the first time in order to give technical information about modern military, Hendesehane opened and started to operate in İstanbul in 1734 by Mahmut I; Mühendishâne-i Bahrî-i Hümâyûn, the school of the first military maritime was opened in 1775 in order to provide modern education; Mühendishâne-i Berrî-i Hümâyun was founded in 1795 in Istanbul, in order to train artillery and military officer (military engineer); Mekteb-i Harbiye, which was opened in 1835 to train officers, and Menşe-i Küttab-ı Askeri, which was established to train military scribes, contributed to the contemporary construction of the army. In the mentioned period, the most important change outside the military area was in the health area. In this sense, in order to meet the medical doctor needs of the army, Tıbhâne-i Amire was established in 1827. In 1867, the first civilian medical school, Mekteb-i Tıbbiye-i Mülkiye, started education and training. Another important innovation movement for education was in the field of law. In this context, the School Law was established in 1880. In order to train competent staff in administrative staff, the schools of the Mekteb-i Mülkiye, the schools of teacher, the schools that enable women to do education, the improvement of schools that train the clergy and the regulations based on this take attention as educational activities carried out in the mentioned period. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Approaching the End: Eschatological Reflections on Church, Politics, and Life by Stanley Hauerwas, and: Without Apology: Sermons for Christ’s Church by Stanley HauerwasLaura M. HartmanApproaching the End: Eschatological Reflections on Church, Politics, and Life Stanley Hauerwas grand rapids, mi: eerdmans, 2013. 251 pp. $24.00Without Apology: Sermons for Christ’s Church Stanley Hauerwas new york: seabury books, 2013. 169 pp. $18.00Stanley Hauerwas is prolific. By my count, there are forty-six (...) books to his name, including these two from 2013. And yet in the preface to Without Apology, he writes, “I am often asked, ‘How many books have you written?’ My truthful answer must be, ‘I have no idea.’ … I could count them, but I have no interest in doing so” (ix). Hauerwas’s reluctance to number his career in books shows his preference for smaller units of measurement (“how some reader may find this sermon, or that sentence or chapter … helpful”), but it also reflects his view that he is not the sole author of his works. To his credit, he mentions two influential women—his wife, Paula Gilbert, an experienced clergywoman, and his assistant, Carole Baker, who gives the sermons a “work-over” after they are written (ix).Those who know Hauerwas know what to expect from these volumes: thoughtful arguments that unflinchingly assert the centrality of Christ and of the Church; a heavy dose of pacifism; major appearances from John Howard Yoder and Karl Barth (as well as multiple cameos from fascinating authors who are now on my to-read list); and accessible, open prose outlining clear, thought-provoking arguments. The two books reviewed here are quite different from one another: Without Apology is a book of sermons; Approaching the End is a book of essays loosely organized around a theme of eschatology. But both contain the hallmarks of “classic Hauerwas”—his signature mix of virtue ethics, communitarian interests, and narrative sensibilities.Without Apology contains recent sermons, primarily in Episcopal churches. Drawing on lectionary readings, Hauerwas brings his own theological interpretation and creates fairly short, satisfying sermons, which he readily describes (in Paula Gilbert’s words) as “tight” (87). This collection also includes four sermons on the topic of priesthood and some other writings of note: the already-classic “An Open Letter to Christians Beginning College” (good for use with Christian undergraduates) and “Sexing the Ministry” (food for thought for [End Page 215] seminarian and clergy alike). Without Apology manifests several major themes, but the biggest of these connects with the title: Hauerwas is “unapologetic” about his Christian faith and doesn’t engage in theology of the “apologetic” style. His emphasis, rather, is on being truthfully present with one another in the church community.Approaching the End promises eschatological reflections and delivers on the promise. Although he is writing about eschatology, Hauerwas strongly maintains that he is not reaching his own “end” and disavows any contention that Approaching the End is a kind of “swan song” (xiv). He addresses politics and war in several chapters. In “The End of Sacrifice: An Apocalyptic Politics,” he makes the case that if Christians believe Jesus’s sacrifice was “the end of all sacrifices,” then we should not “continue to participate in the sacrifice of war” (36). Similar themes emerge in “War and Peace,” later in the volume. In “Church Matters: On Faith and Politics,” Hauerwas writes, “One of the challenges Christians confront is how the politics we helped create has made it difficult to sustain the material practices constitutive of an ecclesial culture to produce Christians” (68). He welcomes the “end” of churches and denominations as we know them because “it means that the church is finally free to be a politics” (86).Hauerwas also discusses the future of churches and denominations. “The End of Protestantism” reiterates that “if the church is to be faithful … then we must recover what it means for the church to be an alternative politics” (92). This chapter’s emphasis on Methodism and his appraisal of Methodists as “free church Catholics” (94) is of note. In “Which Church? What Unity?” Hauerwas discusses the ecumenical movement, prompted by George Lindbeck’s challenge to do so (98). Hauerwas’s... (shrink)

The De officiis of Ambrose of Milan is one of the most important texts of Latin Patristic literature. Modelled on the De Officiis of Cicero, it sets out Ambrose's ethical vision for his clergy, synthesizing ancient Stoic assumptions on virtue and expediency with Biblical patterns of humility, charity, and self-denial to present a paradigm of a church hierarchy capable of making the right impact on its social world. Ambrose aspires to demonstrate that the age of profound principles is now (...) available.This new edition constitutes the first Modern English translation of Ambrose's Latin. The Text and Translation in Volume 1 are accompanied by a detailed Commentary that concentrates on Ambrose's debts to Cicero and his attempts to renovate his philosophical inheritance. An extensive Introduction analyses his ethical ideals and sets them in their social context. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:SUMMA CONTRA GENTILES III, CHAPTERS 131-135: A RARE GLIMPSE INTO THE HEART AS WELL AS THE MIND OF AQUINAS LAWRENCE B. PORTER Setoii Hall University South Orange, New Jersey Introduction BERNARDO GUI, Saint Thomas's thirteenth-century biographer, relates in his Legenda S. Thomae the story of how once upon a time Saint Thomas was seated at the table of King Louis IX of France. Far removed from mere dinner conversation, (...) the scholar was absorbed in profound rumination on no less a problem than the existence of evil. Suddenly in the midst of the meal Aquinas came to an insight and " he struck the table, exclaiming : ' That settles the Manichees! ' " 1 More than a century later Fra Angelico presents us with a comparable image of the saint though in an appreciably different setting, not a royal dinner table but a cloister walk. If the reader were to walk in the cloister garden of the priory of San Marco in Florence, he or she would eventually come upon a portrait of Saint Thomas painted by Fra Angelico (in the lunette above the door to the right of the entrance on the south side of the cloister). The saint stands erect facing the viewer, holding open upon his chest a book with the pages facing us so that we might read them. Saint Thomas is looking off into space, not distractedly but with concentration, with arched eyebrows and fixed gaze. It is as though he sees directly what we can only read about in the text of his open book. 1 " The Life Of Saint Thomas Aquinas by Bernard Gui," in The Life of St. Thomas Aquinas: Biographical Documents, trans. and ed. Kenelm Foster (London, 1959), pp. 44-45. 245 246 LAWREN CE B. PORTER The image of Saint Thomas presented in these hagiographic and iconographic traditions is distinctly that of an intellect-at one time engrossed in speculative thought, at another time in mystic contemplation-but it is always the mind that is foremost engaged. The image is always that of the intellectual genius entirely taken up with recondite or divine ideas, far removed from this-worldly concerns or domestic distractions. These images cannot be easily dismissed, nor indeed should we want to do such a thing, for there is much truth in these images. Certainly Thomas was at times a mystic, and his powers of abstraction and concentration were nothing less than extraordinary. His own writings are the best witness to this. The method displayed therein-the dispassionate objectivity, the unrelenting logic, the economy of expression, the precise and telling distinctions, not to mention his encyclopedic knowledge of scriptural, mystical, and philosophical sources-makes for the impression of an almost disembodied intellect at work. No wonder he was given the title "angelic doctor"! However, the problem with such images and titles is that they never allude to the fact that Saint Thomas also had a human heart and human feelings, and that these, too, could at times have had an effect upon his thinking, especially when his feelings had been hurt. To illustrate this thesis, I propose to examine the interplay between thought and emotion, history and analysis, in the Summa Contra Gentiles III, especially as concerns Chapters 131-135. Chapters 131-135 constitute a small treatise on religious poverty and as such appear as a peculiarly recondite consideration amid Aquinas's much more general treatment there of the themes of divine providence and human freedom. I believe this peculiar feature can only be understood in relation to an historical controversy of the times, namely, the attack upon the new mendicant orders by the secular clergy. Indeed, I believe the true nuances of this small treatise can best be understood when it is seen more as the heartfelt response of Aquinas to a slur upon his dignity rather than as his dispassionate or purely reasoned response to a contest of ideas. Aquinas was once personally embarrassed dur- SUMMA CONTRA GENTILES III 247 ing his professorship at the University of Paris when a student demonstration broke in upon a Sunday sermon of his with pamphlet literature that poked malicious fun at his considerable body size and privileged social status. And... (shrink)

Les femmes engagées dans l'Église constituent les piliers de la vie ecclésiale mais restent des sujettes mineures dans cette institution qui ne leur reconnaît pas, dans les faits, un statut d'égalité avec les hommes. Depuis plus de vingt ans, elles revendiquent des transformations : elles veulent participer à la rédaction des discours officiels, obtenir de meilleurs conditions de travail, mettre de l'avant l'usage du langage inclusif dans les liturgies. Ces femmes, qui détiennent dans une proportion déplus en plus importante une (...) formation en théologie, s'efforcent de conscientiser le clergé à la nécessité de développer avec elles des rapports égalitaires qui impliquent un véritable partage des pouvoirs et des responsabilités. Compte tenu du haut niveau de résistance au changement, il faudrait sans doute que ces femmes acceptent de désobéir à l'ordre clérical et qu'elles osent transgresser les règles de fonctionnement sexiste si elles veulent parvenir à mettre en place une ecclésia égalitaire.Although women constitute the pillars in the ongoing life of the Church, their status is not equal to that of men and they play a secondary role in the institution. For at least the last twenty years, women have been demanding changes such as : the participation in the elaboration of official statements, the betterment of working conditions and the use of inclusive language in liturgical celebrations. Many women, who have a theological formation, endeavour to make the clergy realize the necessity of developing relationhips of real equality. This implies a concrete division of power and responsability. Given the degree of resistance in the institutional Church, women may have to accept disobedience to clerical power, thus breaking the rules of a sexist functioning in order to establish an Ecclesia of equality. (shrink)

The rite of the Mass has undergone changes that have transformed the way the faithful participated in the celebrations. On the occasion of the Second Vatican Council, there were changes which were intended to bring about a more active participation of the assembly in the liturgical act. The distance between the canticle and the liturgical rite calls for an investigation, for it is necessary that we know the reason for this happening even today. There is evidence that many chants sung (...) in celebrations are discordant with the liturgical time, and the lack of a correct understanding of the teachings of the Church may be the reason for this, since there are several ecclesial documents on the subject. The present work intends to demonstrate, through the analysis of Church documents and the ideas of renowned authors, specialists in liturgy, the importance of music having a liturgical objective. This article is a bibliographical research, which through the analysis of Church documents mainly, seeks to highlight the importance of liturgy linked to music. Since the Motu Proprio Tra le Sollecitudini, the Church has been regulating how to perform the song to achieve a true liturgical action in the Eucharistic celebration. It should not be forgotten, however, that the participation of the assembly in the Latin Mass was restricted, and there was no possibility of innovation in singing. With the Constitution Sacrosanctum Concilium, the lay participation was expanded, as well as the introduction of the vernacular in the celebrations. Subsequent Church documents have ratified the expansion of secular participation and the local language has made it possible to include new chants in celebrations, including popular ones, which were previously banned. In the Latin mass, the liturgy was more restricted to the clergy; With the council reform, the laity gained more space. Today, the Church's challenge is to preserve the liturgical meaning of singing, respecting popular cultures, but further deepening the lay liturgical-musical formation. (shrink)

Este artículo presenta a Weber y Habermas como los umbrales o polos de una modernidad que tiene al progreso como horizonte teórico-práctico. El diagnóstico weberiano sobre la modernidad y su proceso de desencantamiento del mundo y la injustificada reducción de la actividad racional a una actividad utilitario-estratégica desprovista de su carácter veritativo y de su orientación valórica, Habermas la utiliza para justificar su propuesta teórico-crítica respecto a la modernidad y la "paradoja de la racionalización", distinguiendo "sistema" y "mundo vital". Aquí (...) "desencantamiento del mundo" y "consenso del proyecto de lamodernidad", se encuentranThis article presents Weber and Habermas like the thresholds or poles of a modernity that has to the progress as theoretical- practical horizon. The diagnosis weberiano on the modernity and his process of disenchantment of the world and the unjustified reduction of the rational activity to a utilitarian-strategic activity devoid of his character of truth, Habermas uses to justify his theoretical-critical offerwith regard to themodernity and the "paradox of the rationalization", distinguishing "system" and "vital world". Here "disenchantment of the world" and "consensus of the project of the modernity", they are. (shrink)

I. ONCE, SAID AN AUTHOR, WHERE I NEED NOT SAY . .

The prevailing justification for constitutional institutions is that such institutions reflect and enable rational solutions to social problems. However, constitutions are constructed through emotionally driven processes that reflect both the public sentiments of the day and, at least to some extent, basic moral emotions. Historical examples from France and the United States demonstrate the role of such emotional processes in shaping the design of liberal constitutionalism. Further, constitutional law both sets and regulates emotional display rules; favors or disfavors (...) certain emotional commitments; and, particularly through the formulation of fundamental human rights, reflects and shapes emotional moral judgments. The emotional contributors to constitutional design and interpretation may be called “constitutional sentiments.”. (shrink)

Political theorists tend to dismiss the concept of constitutional patriotism for two main reasons. On the one hand, constitutional patriotism — understood as a post-national, universalist form of democratic political allegiance — is rejected on account of its abstract quality. On the otherhand, it is argued that constitutional patriotism, while apprearing universalist, is in fact particular through and through. According to this genealogical critique, it is held that constitutional patriotism might have been appropriate in the context (...) when it originated — namely West Germany, a half-nation with a deeply compromised sense of nationality on account of the Nazi past — but it is not universally applicable. This article reconstructs the origins of constitutional patriotism arguing that both the ‘protective’ and state-centred patriotism of Dolf Sternberger, and the ‘purifying’ patriotism of Jurgen Habermas — focused mainly on the public sphere — can indeed be understood as relying on ‘supplements of particularily’. However, there are also normative connections between universalist constitutional morality and militant democracy on the one hand, and universalist constitutionalist morality and an imperative to remember on the other. Thus, the genealogical critique by itself is insufficient to invalidate the idea of constitutional patriotism. (shrink)

A bold new approach to combatting the inherent corruption of representative democracy This provocative book reveals how the majority of modern liberal democracies have become increasingly oligarchic, suffering from a form of structural political decay first conceptualized by ancient philosophers. Systemic Corruption argues that the problem cannot be blamed on the actions of corrupt politicians but is built into the very fabric of our representative systems. Camila Vergara provides a compelling and original genealogy of political corruption from ancient to modern (...) thought, and shows how representative democracy was designed to protect the interests of the already rich and powerful to the detriment of the majority. Unable to contain the unrelenting force of oligarchy, especially after experimenting with neoliberal policies, most democracies have been corrupted into oligarchic democracies. Vergara explains how to reverse this corrupting trajectory by establishing a new counterpower strong enough to control the ruling elites. Building on the anti-oligarchic institutional innovations proposed by plebeian philosophers, she rethinks the republic as a mixed order in which popular power is institutionalized to check the power of oligarchy. Vergara demonstrates how a plebeian republic would establish a network of local assemblies with the power to push for reform from the grassroots, independent of political parties and representative government. Drawing on neglected insights from Niccolò Machiavelli, Nicolas de Condorcet, Rosa Luxemburg, and Hannah Arendt, Systemic Corruption proposes to reverse the decay of democracy with the establishment of anti-oligarchic institutions through which common people can collectively resist the domination of the few. (shrink)

In this book, Michael Perry addresses several fundamental questions about the proper role of religion in the politics of a liberal democracy, which is a central, recurring issue in the politics of the United States. The controversy about religion in politics comprises both constitutional and moral questions.

Societies function on the basis of rules. These rules, rather like the rules of the road, coordinate the activities of individuals who have a variety of goals and purposes. Whether the rules work well or ill, and how they can be made to work better, is a matter of major concern. Appropriately interpreted, the working of social rules is also the central subject matter of modern political economy. This book is about rules - what they are, how they work, and (...) how they can be properly analysed. The authors' objective is to understand the workings of alternative political institutions so that choices among such institutions can be more fully informed. Thus, broadly defined, the methodology of constitutional political economy is the subject matter of The Reason of Rules. The authors have examined how rules for political order work, how such rules might be chosen, and how normative criteria for such choices might be established. (shrink)

In colonial states and settings, constitutional arrangements are often forged within contexts that serve to maintain structural racism against Indigenous people. In 2013 the New Zealand government initiated national conversations about the constitutional arrangements in Aotearoa. Māori leadership preceded this, initiating a comprehensive engagement process among Māori in 2010, which resulted in a report by Matike Mai Aotearoa which articulated a collective Māori vision of a written constitution congruent with te Tiriti o Waitangi by 2040.This conceptual article explores (...) the Matike Mai Aotearoa report on constitutional transformation as a novel means to address structural racism within the health system as a key domain within the constitutional sphere. Matike Mai suggests alternative conceptual structural formations through its focus on the kāwanatanga, the relational and the tino rangatiratanga sphere. This framework is informed by a range of Indigenous ethical values such as tikanga, belonging, and balance that can usefully inform the redesign of the health sector.We assert that constitutional transformation and decolonization are potentially powerful ethical sources of disruption to whiteness and structural racism. We argue that, to eliminate entrenched health disparities, change processes need to be informed by the Indigenous inspirations expressed in the Matike Mai report. (shrink)

This chapter is an essay in a volume that examines constitutional law in the United States through the lens of H.L.A. Hart's "rule of recognition" model of a legal system. My chapter focuses on a feature of constitutional practice that has been rarely examined: how jurists and scholars argue about interpretive methods. Although a vast body of scholarship provides arguments for or against various interpretive methods -- such as textualism, originalism, "living constitutionalism," structure-and-relationship reasoning, representation reinforcement, minimalism, and (...) so forth -- very little scholarship shifts to the meta-level and asks: What are the considerations that jurists and scholars bring to bear in arguing that one or another interpretive method is legally favored? And can we "make sense" of this body of argument? Is there a model of legal discourse that both accurately describes how U.S. jurists and scholars actually argue about interpretive methods, and that vindicates this discourse (in the sense of seeing these actors as making valid arguments)? I find that Hart's rule-of-recognition model fails to describe or vindicate how U.S. jurists and scholars argue about interpretive methods. The problem, in a nutshell, is that Hart sees legal argument as asserting or presupposing the social fact of contemporary official acceptance of a rule of recognition. By contrast, jurists and scholars typically point to social facts other than contemporary official acceptance in arguing for the legal status of an interpretive method -- for example, the fact that the method is supported by Framers' intent, or by U.S. culture and tradition, or by precedent. Further, jurists and scholars very often argue that some interpretive method is legally favored even though the method is controversial. On Hart's model, such a claim is problematic -- because, on his model, the content of the rule of recognition is not controversial, but rather a matter of consensus among officials. The upshot may just be that Hart's model is a failure. However, another possibility is to adopt an "error theory" of U.S. constitutional discourse. It may perhaps be the case that U.S. jurists and scholars often make claims for the favorable legal status of some interpretive method that are inconsistent with the best understanding of the nature of law. (shrink)

Even though he is mainly known for his concept of constituent power, Sieyès was one of the first constitutional theorists to ask for a guardian of the constitution which closely resembles contemporary constitutional courts. This article reconstructs the main tenets of his proposal, puts them in the larger context of his constitutional theory and then assesses the constitutional nature and functions of this institution. The judgment is mixed: as an organ, Sieyès’ constitutional jury is a (...) hybrid institution, neither a real third chamber nor a full-fledged constitutional court; however, its functions not only are a clear anticipation of the control of constitutionality, but are also intended to tame constituent power and to protect the rights of man in case of legal gaps. (shrink)